REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority
Document dated: 02 May 2018
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1.
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
AND OF THE COUNCIL
AND OF THE COUNCIL
AND OF THE COUNCIL
AND OF THE COUNCIL
2.
amending Regulation (EU) No amending Regulation (EU) No amending Regulation (EU) No amending Regulation (EU) No
1093/2010 as regards the location 1093/2010 as regards the location 1093/2010 as regards the location 1093/2010 as regards the location
of the seat of the European of the seat of the European of the seat of the European of the seat of the European
Banking Authority
Banking Authority
Banking Authority
Banking Authority
3.
THE EUROPEAN
THE EUROPEAN
THE EUROPEAN
THE EUROPEAN
PARLIAMENT AND THE
PARLIAMENT AND THE
PARLIAMENT AND THE
PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN
UNION,
UNION,
UNION,
UNION,
4.
Cit. 1
Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the
Functioning of the European Functioning of the European Functioning of the European Functioning of the European
Union, and in particular Article Union, and in particular Article Union, and in particular Article Union, and in particular Article
114 thereof,
114 thereof,
114 thereof,
114 thereof,
5.
Cit. 1a
Having regard to the Treaty on
(new)
European Union, and in
particular Article 13(2) thereof,
6.
Cit. 2
Having regard to the proposal Having regard to the proposal Having regard to the proposal Having regard to the proposal
from the European Commission,
from the European Commission,
from the European Commission,
from the European Commission,
7.
Cit. 3
After transmission of the draft After transmission of the draft After transmission of the draft After transmission of the draft
legislative act to the national legislative act to the national legislative act to the national legislative act to the national
parliaments,
parliaments,
parliaments,
parliaments,
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8.
Cit. 4
Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the
European Central Bank1,
European Central Bank2,
European Central Bank3,
European Central Bank4,
9.
Cit. 5
Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the
European Social and European European Social and European European Social and European European
Economic and Social
Committee5,
Committee6,
Committee7,
and European Committee8,
10. Cit. 6
Acting in accordance with the Acting in accordance with the Acting in accordance with the Acting in accordance with the
ordinary legislative procedure,
ordinary legislative procedure,
ordinary legislative procedure,
ordinary legislative procedure,
11.
Whereas:
Whereas:
Whereas:
Whereas:
12. Rec. 1
(1) In the context of the United (1) In the context of the United (1) In the context of the United
Kingdom's notification on 29 Kingdom's notification on 29 Kingdom's notification on 29
March 2017 of its intention to March 2017 of its intention to March 2017 of its intention to
leave the Union, pursuant to leave the Union, pursuant to leave the Union, pursuant to
Article 50 of the Treaty on Article 50 of the Treaty on Article 50 of the Treaty on
European Union, the other 27 European Union, the other 27 European Union
(TEU), the other
Member States, meeting in the Member States, meeting in the 27 Member States, meeting in the
margins of the General Affairs margins of the General Affairs margins of the General Affairs
Council (‘Article 50’), selected Council (‘Article 50’), selected Council (‘Article 50’), selected
Paris, France, as the new seat of Paris, France, as the new seat of Paris, France, as the new seat of
the European Banking Authority.
the European Banking Authority.
the
European Supervisory
Authority (European Banking
Authority) (EBA).
13. Rec. 1a
(1a) The costs of the relocation of
(new)
the seat of the EBA arise as a
1
[…]
2
[…]
3
[…]
4
[…]
5
[…]
6
[…]
7
[…]
8
[…]
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result of the unilateral decision of
the United Kingdom to leave the
Union. Nevertheless, on the basis
of the joint report from the
negotiators of the European
Union and the United Kingdom
Government agreed on 8
December 2017 and of the
commitment of the United
Kingdom to contribute to the
general budget of the Union for
the financial years 2019 and 2020
as if it remained in the Union and
to contribute to its share of the
financing of the commitments
outstanding at 31 December
2020, those costs are to be borne
by all Union taxpayers through
the general budget of the Union.
The United Kingdom has offered
to discuss with those Union
agencies that are located in
London how they could reduce
their withdrawal costs.
14. Rec. 2
(2) Having regard to Article 50(3) (2) Having regard to Article 50(3) (2) Having regard to Article 50(3)
of the Treaty on European Union, of the Treaty on European Union,
TEU, the
EBA should take its new
the European Banking Authority the European Banking Authority seat as from the date on which the
should take its new seat as from should take its new seat as from Treaties cease to apply to the
the date on which the Treaties the date on which the Treaties United Kingdom or from 30
cease to apply to the United cease to apply to the United March, 2019, whichever is the
Kingdom or from 30 March, 2019, Kingdom or from 30 March, 2019, earlier.
whichever is the earlier.
whichever is the earlier.
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15. Rec. 3
(3)
To ensure the proper (3)
To ensure the proper (3) To ensure the proper
functioning of the European functioning of the European functioning of the
EBA in its new
Banking Authority in its new Banking Authority in its new location, a headquarters agreement
location, a headquarters agreement location, a headquarters agreement should be concluded
and a
should be concluded before the should be concluded before the
building project in accordance
European Banking Authority takes European Banking Authority takes
with Article 88 of Commission
up its new seat.
up its new seat.
Delegated Regulation (EU) No
1271/20139 should be approved before the
EBA takes up its new
seat.
The new premises should be
ready and fit for the purpose of
permanent relocation by the time
the withdrawal of the United
Kingdom from the Union comes
into effect.
The headquarters
agreement should reflect the
responsibility of the French
authorities to provide the most
appropriate conditions and the
most efficient solution for the
location of the EBA.
16. Rec. 3a
(3a) The transfer of the seat of the
(new)
EBA does not call into question
the establishment plan as adopted
by the European Parliament and
the Council, nor the application
of the Staff Regulations to
officials or other agents who
work at the EBA.
9
Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation
(EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
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17. Rec. 4
(4) To give the European Banking (4) To give the European Banking (4) To give the
EBA sufficient
Authority sufficient time to Authority sufficient time to time to relocate, this Regulation
relocate, this Regulation should relocate, this Regulation should should enter into force as a matter
enter into force as a matter of enter into force as a matter of of urgency
while taking into
urgency.
urgency.
account the co-decision powers of
the European Parliament and the
Council.
18. Rec. 4a
(4a) In order to acknowledge that
(new)
it is possible for the location of a
decentralised agency to be set out
in a Union legislative act which is
subject to the ordinary legislative
procedure, the European
Parliament, the Council and the
Commission are committed to
concluding, by 31 December
2018, a revision of the Joint
Statement on decentralised
agencies. The location of a Union
agency should be selected in a
transparent procedure which
reinforces democratic
accountability and by jointly
defining and weighting the
selection criteria.
19. Rec. 4b
(4b) The relocation of the EBA
(new)
should not have any
consequences with regard to
executing the distinct mandate or
maintaining the separate legal
status of the European
Supervisory Authorities. The
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relocation might allow, where
applicable, for the sharing of
administrative support services
and facility management services
among Union agencies which are
not related to core activities. To
address the efficiency of those
agencies, the European
Parliament, the Council and the
Commission should, when
revising the Joint Statement on
decentralised agencies, also build
on the recommendations of the
Interinstitutional Working Group
on decentralised agencies'
resources.
20. Rec. 5
(5) Regulation (EU) No
(5) Regulation (EU) No
(5) Regulation (EU) No
(5) Regulation (EU) No
1093/2010 of the European 1093/2010 of the European 1093/2010 of the European 1093/2010 of the European
Parliament and of the Council10 Parliament and of the Council11 Parliament and of the Council12 Parliament and of the Council13
should therefore be amended should therefore be amended should therefore be amended should therefore be amended
accordingly,
accordingly,
accordingly
.
accordingly
.
21. Rec. 5a
(5a) Article 13(2) TEU requires
(new)
relations between the institutions
of the Union to be carried out in
mutual sincere cooperation,
10
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
11
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
12
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
13
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
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while each of them is acting
within the limits of the powers
conferred on it in the Treaties and
in conformity with the
procedures, conditions and
objectives set out in them. The
European Parliament is to be
fully informed and involved
throughout all steps of the
ordinary legislative procedure,
22.
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
REGULATION:
REGULATION:
REGULATION:
REGULATION:
23. Article 1
Article 1
Article 1
Article 1
Article 1
24. Art. 1 - para Article 7 of Regulation (EU) Article 7 of Regulation (EU) Article 7 of Regulation (EU) Article 7 of Regulation (EU)
1
No 1093/2010 is replaced by the No 1093/2010 is replaced by the No 1093/2010 is replaced by the No 1093/2010 is replaced by the
following:
following:
following:
following:
25. Art. 1 - para “Article 7
“Article 7
“Article 7
“Article 7
1
Article 7
26. Art. 1 - para Seat
Seat
Seat
Seat
1
Art. 7 - title
27. Art. 1 - para The Authority shall have its seat in The Authority shall have its seat
The Authority shall have its seat in The Authority shall have its seat in
1
Paris, France.”
in Paris, France.”
Paris, France.
Paris, France.
Art. 7 - para
1
28. Art. 1 - para
The Authority, the European
1
Supervisory Authority (European
Art. 7 - para
Insurance and Occupational
1a (new)
Pensions Authority) and the
European Supervisory Authority
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(European Securities and
Markets Authority) shall
separately execute their powers
and tasks, organise their
governance structure, operate
their main organisation, and
ensure the main financing of
their activities, which all are
different in their field of
competence, independent of their
location, while, where applicable,
allowing for the sharing of
administrative support services
and facility management services
among Union agencies which are
not related to core activities. By ...
[date of application of this
Regulation] and every 12 months
thereafter, the Commission shall
report to the European
Parliament and the Council on
the compliance of those
Authorities with that
requirement.”
29. Article 2
Article 2
Article 2
Article 2
Article 2
30. Art. 2 - para This Regulation shall enter into This Regulation shall enter into This Regulation shall enter into This Regulation shall enter into
1
force on the day of its publication force on the day of its publication force on the day of its publication force on the day of its publication
in the Official Journal of the in the Official Journal of the in the Official Journal of the in the Official Journal of the
European Union.
European Union.
European Union.
European Union.
31. Art. 2 - para This Regulation shall apply from This Regulation shall apply from This Regulation shall apply from This Regulation shall apply from
2
the date on which the Treaties the date on which the Treaties the date on which the Treaties the date on which the Treaties
cease to apply to the United cease to apply to the United cease to apply to the United cease to apply to the United
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Kingdom or from 30 March 2019, Kingdom or from 30 March 2019, Kingdom or from 30 March 2019, Kingdom or from 30 March 2019,
whichever is the earlier.
whichever is the earlier.
whichever is the earlier.
whichever is the earlier.
32. Concluding This Regulation shall be binding This Regulation shall be binding This Regulation shall be binding This Regulation shall be binding
sentence
in its entirety and directly in its entirety and directly in its entirety and directly in its entirety and directly
applicable in all Member States.
applicable in all Member States.
applicable in all Member States.
applicable in all Member States.
33. Statement
ATTACHMENT TO
of the EP -
REGULATION 2018/...
title
STATEMENT OF THE
EUROPEAN PARLIAMENT
34. Paragraph 1
The European Parliament regrets that its role of co-legislator has
not been duly taken into account
since it was not involved in the
procedure leading to the selection
of the new seat of the European
Banking Authority (EBA).
35. Paragraph 2
The European Parliament wishes to recall its prerogatives as co-
legislator and insists on the full
respect of the ordinary legislative
procedure in relation to the
location of bodies and agencies.
36. Paragraph 3
As the only directly elected Union institution and representative of
the Union’s citizens, it is the first
guarantor of the respect of the
democratic principle in the
Union.
37. Paragraph 4
The European Parliament
condemns the procedure followed
for the selection of the new
location of the seat, which has de
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facto deprived the European
Parliament of its prerogatives
since it was not effectively
involved in the process, but is now
expected to simply confirm the
selection made for the new
location of the seat by means of
the ordinary legislative
procedure.
38. Paragraph 5
The European Parliament recalls that the Common Approach
annexed to the Joint Statement of
the European Parliament,
Council
and European
Commission on decentralised
agencies signed in 2012 is legally
non-binding, as acknowledged in
the Statement itself and that it
was agreed without prejudice to
the legislative powers of the
institutions.
39. Paragraph 6
Therefore, the European Parliament insists that the
procedure followed for the
selection of a new location for the
agencies will be revised and not
used anymore in this form in the
future.
40. Paragraph 7
Finally, the European
Parliament wishes to recall as
well that in the Inter-institutional
Agreement of 13 April 2016 on
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Better Law-Making14, the three
institutions committed to sincere
and transparent cooperation
while recalling the equality of
both co-legislators as enshrined
in the Treaties.
14
OJ L 123, 12.5.2016, p. 1.
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