AI Summary of Article 44 Decision making
The Board of Supervisors takes decisions by a simple majority of its members, each voting member having one vote. A qualified majority applies to acts specified in Articles 10–16, measures under the third subparagraph of Article 9(5) and Chapter VI, as defined in Article 16(4) TEU and Article 3 of Protocol No 36; the Chairperson shall not vote on those matters. For composition of panels under Article 41(2)–(4) and the peer review committee under Article 30(2) the Board shall strive for consensus and, absent consensus, decisions require a three‑quarters majority of voting members; Article 18(3) and (4) decisions require a simple majority.
Meetings are convened and chaired by the Chairperson, or at the request of one third of members. The Board shall adopt and publish rules of procedure. Decisions under Articles 17, 19 and 30 use a written procedure with eight working days to vote; a proposed decision is adopted unless a simple majority objects; abstentions are not counted and if three voting members object the matter is taken under the ordinary procedure. Non‑voting members and observers, except the Executive Director, shall not attend discussions relating to individual financial market participants unless otherwise provided. The Chairperson may call a vote at any time and the Board shall strive for consensus when taking decisions.
Article 44 Decision making
1. Decisions of the Board of Supervisors shall be taken by a simple majority of its members. Each voting member shall have one vote.
With regard to the acts specified in Articles 10 to 16 of this Regulation and measures and decisions adopted under the third subparagraph of Article 9(5) of this Regulation, and Chapter VI of this Regulation and, by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) TEU and in Article 3 of the Protocol No 36 on transitional provisions.
The Chairperson shall not vote on the decisions referred to in the second subparagraph.
With regard to the composition of the panels in accordance with Article 41(2), (3) and (4), and the members of the peer review committee referred to in Article 30(2), the Board of Supervisors, when considering the proposals by the Chairperson, shall strive for consensus. In the absence of consensus, decisions of the Board of Supervisors shall be taken by a majority of three quarters of its voting members. Each voting member shall have one vote.
With regard to decisions adopted under Article 18(3) and (4), and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a simple majority of its voting members.