# CE2013051EN.01015201.xml

| 22.2.2013 | EN | Official Journal of the European Union | CE 51/152 |
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22.2.2013

EN

Official Journal of the European Union

CE 51/152

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Wednesday 14 September 2011Amendment of the Rules of Procedure concerning the hearings of Commissioners-designate

P7_TA(2011)0379

European Parliament decision of 14 September 2011 on amendment of Rules 106 and 192 of, and Annex XVII to, Parliament's Rules of Procedure (2010/2231(REG))

2013/C 51 E/28

The European Parliament,

The European Parliament

| — | having regard to the proposals for amendment of its Rules of Procedure (B7-0480/2010, B7-0481/2010 and B7-0482/2010), |
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—

having regard to the proposals for amendment of its Rules of Procedure (B7-0480/2010, B7-0481/2010 and B7-0482/2010),

| — | having regard to the Framework Agreement on relations between the European Parliament and the European Commission (1), |
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—

having regard to the Framework Agreement on relations between the European Parliament and the European Commission (1),

1

| — | having regard to Rules 211 and 212 of its Rules of Procedure, |
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—

having regard to Rules 211 and 212 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A7-0240/2011), |
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—

having regard to the report of the Committee on Constitutional Affairs (A7-0240/2011),

| A. | whereas the approval of the Commission by Parliament in February 2010 was based on an enhanced process of hearings which ensured that the entire Commission-designate was assessed in an open, fair and consistent manner, |
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A.

whereas the approval of the Commission by Parliament in February 2010 was based on an enhanced process of hearings which ensured that the entire Commission-designate was assessed in an open, fair and consistent manner,

| B. | whereas, nevertheless, conclusions can be drawn from the approval process, in collaboration with the Commission, which suggest that further modifications are both necessary and desirable, |
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B.

whereas, nevertheless, conclusions can be drawn from the approval process, in collaboration with the Commission, which suggest that further modifications are both necessary and desirable,

| 1. | Notes the recent revision by the Commission of its Code of Conduct for Commissioners, and in particular the provisions thereof concerning financial declarations by Commissioners; determines to keep the application of the new Code of Conduct under review in order to enable the European Union to reach the highest standards of governance; |
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1.

Notes the recent revision by the Commission of its Code of Conduct for Commissioners, and in particular the provisions thereof concerning financial declarations by Commissioners; determines to keep the application of the new Code of Conduct under review in order to enable the European Union to reach the highest standards of governance;

| 2. | Decides to amend its Rules of Procedure as shown below; |
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2.

Decides to amend its Rules of Procedure as shown below;

| 3. | Points out that the amendments will enter into force on the first day of the next part-session; |
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3.

Points out that the amendments will enter into force on the first day of the next part-session;

| 4. | Instructs its President to forward this decision to the Council and the Commission, for information. |
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4.

Instructs its President to forward this decision to the Council and the Commission, for information.

| PRESENT TEXT | AMENDMENT |
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| Amendment 1 |
| Parliament's Rules of Procedure


  Rule 106 – Paragraph 1 a (new) |
| | 1a.
     
  The President may invite the President-elect of the Commission to inform Parliament about the allocation of portfolio responsibilities in the proposed College of Commissioners in accordance with his or her political guidelines. |
| Amendment 2 |
| Parliament's Rules of Procedure


  Rule 106 – paragraph 3 |
| 3.   The President-elect shall present the college of Commissioners and their programme at a sitting of Parliament which
  the whole Council
  shall be invited to attend. The statement shall be followed by a debate. | 3.   The President-elect shall present the college of Commissioners and their programme at a sitting of Parliament which
  the President of the European Council and the President of the Council
  shall be invited to attend. The statement shall be followed by a debate. |
| Amendment 3 |
| Parliament's Rules of Procedure


  Rule 192 – paragraph 2 a (new) |
| | 2a.
     
  The committee coordinators shall be convened by their committee Chair to prepare the organisation of the hearings of Commissioners-designate. Following those hearings, the coordinators shall meet to evaluate the nominees in accordance with the procedure laid down in Annex XVII. |
| Amendment 4 |
| Parliament's Rules of Procedure


  Annex XVII – paragraph 1 – point a – subparagraph 3 |
| Parliament may seek any information relevant to its reaching a decision on the aptitude of the Commissioners-designate. It shall expect full disclosure of information relating to their financial interests. | Parliament may seek any information relevant to its reaching a decision on the aptitude of the Commissioners-designate. It shall expect full disclosure of information relating to their financial interests.
  The declarations of interest of the Commissioners-designate shall be sent for scrutiny to the committee responsible for legal affairs. |
| Amendment 5 |
| Parliament's Rules of Procedure


  Annex XVII – paragraph 1 – point b – subparagraph 2 |
| The hearings shall be organised
  jointly
  by the Conference of Presidents
  and
  the Conference of Committee Chairs. Appropriate arrangements shall be made to associate relevant committees where portfolios are mixed. There are three options: | The hearings shall be organised by the Conference of Presidents
  on a recommendation of
  the Conference of Committee Chairs.
  The Chair and coordinators of each committee shall be responsible for the detailed arrangements. Rapporteurs may be appointed. |
| | Appropriate arrangements shall be made to associate relevant committees where portfolios are mixed. There are three options: |
| (i) | if the portfolio of the Commissioner-designate falls within the remit of a single committee, the Commissioner-designate shall be heard by that committee alone; |

PRESENT TEXT

AMENDMENT

Amendment 1

Amendment 1

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 106 – Paragraph 1 a (new)

Rule 106 – Paragraph 1 a (new)

1a.
     
  The President may invite the President-elect of the Commission to inform Parliament about the allocation of portfolio responsibilities in the proposed College of Commissioners in accordance with his or her political guidelines.

1a.

The President may invite the President-elect of the Commission to inform Parliament about the allocation of portfolio responsibilities in the proposed College of Commissioners in accordance with his or her political guidelines.

Amendment 2

Amendment 2

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 106 – paragraph 3

Rule 106 – paragraph 3

3.   The President-elect shall present the college of Commissioners and their programme at a sitting of Parliament which
  the whole Council
  shall be invited to attend. The statement shall be followed by a debate.

the whole Council

3.   The President-elect shall present the college of Commissioners and their programme at a sitting of Parliament which
  the President of the European Council and the President of the Council
  shall be invited to attend. The statement shall be followed by a debate.

the President of the European Council and the President of the Council

Amendment 3

Amendment 3

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 192 – paragraph 2 a (new)

Rule 192 – paragraph 2 a (new)

2a.
     
  The committee coordinators shall be convened by their committee Chair to prepare the organisation of the hearings of Commissioners-designate. Following those hearings, the coordinators shall meet to evaluate the nominees in accordance with the procedure laid down in Annex XVII.

2a.

The committee coordinators shall be convened by their committee Chair to prepare the organisation of the hearings of Commissioners-designate. Following those hearings, the coordinators shall meet to evaluate the nominees in accordance with the procedure laid down in Annex XVII.

Amendment 4

Amendment 4

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex XVII – paragraph 1 – point a – subparagraph 3

Annex XVII – paragraph 1 – point a – subparagraph 3

Parliament may seek any information relevant to its reaching a decision on the aptitude of the Commissioners-designate. It shall expect full disclosure of information relating to their financial interests.

Parliament may seek any information relevant to its reaching a decision on the aptitude of the Commissioners-designate. It shall expect full disclosure of information relating to their financial interests.
  The declarations of interest of the Commissioners-designate shall be sent for scrutiny to the committee responsible for legal affairs.

The declarations of interest of the Commissioners-designate shall be sent for scrutiny to the committee responsible for legal affairs.

Amendment 5

Amendment 5

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex XVII – paragraph 1 – point b – subparagraph 2

Annex XVII – paragraph 1 – point b – subparagraph 2

The hearings shall be organised
  jointly
  by the Conference of Presidents
  and
  the Conference of Committee Chairs. Appropriate arrangements shall be made to associate relevant committees where portfolios are mixed. There are three options:

jointly

and

The hearings shall be organised by the Conference of Presidents
  on a recommendation of
  the Conference of Committee Chairs.
  The Chair and coordinators of each committee shall be responsible for the detailed arrangements. Rapporteurs may be appointed.

on a recommendation of

The Chair and coordinators of each committee shall be responsible for the detailed arrangements. Rapporteurs may be appointed.

Appropriate arrangements shall be made to associate relevant committees where portfolios are mixed. There are three options:

(i)

if the portfolio of the Commissioner-designate falls within the remit of a single committee, the Commissioner-designate shall be heard by that committee alone;

| (i) | if the portfolio of the Commissioner-designate falls within the remit of a single committee, the Commissioner-designate shall be heard by that committee alone
  (the committee responsible)
  ; |
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(i)

if the portfolio of the Commissioner-designate falls within the remit of a single committee, the Commissioner-designate shall be heard by that committee alone
  (the committee responsible)
  ;

(the committee responsible)

| (ii) | if the portfolio of the Commissioner-designate falls more or less equally within the remit of more than one committee, the Commissioner-designate shall be heard jointly by those committees; and |
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(ii)

if the portfolio of the Commissioner-designate falls more or less equally within the remit of more than one committee, the Commissioner-designate shall be heard jointly by those committees; and

| (ii) | if the portfolio of the Commissioner-designate falls more or less equally within the remit of more than one committee, the Commissioner-designate shall be heard jointly by those committees
  (joint committees)
  ; and |
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(ii)

if the portfolio of the Commissioner-designate falls more or less equally within the remit of more than one committee, the Commissioner-designate shall be heard jointly by those committees
  (joint committees)
  ; and

(joint committees)

| (iii) | if the portfolio of the Commissioner-designate falls mainly within the remit of one committee and only to a small extent within the remit of at least one other committee, the Commissioner-designate shall be heard by the committee mainly responsible,
  which shall invite
  the other committee or committees
  to attend the hearing
  . |
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(iii)

if the portfolio of the Commissioner-designate falls mainly within the remit of one committee and only to a small extent within the remit of at least one other committee, the Commissioner-designate shall be heard by the committee mainly responsible,
  which shall invite
  the other committee or committees
  to attend the hearing
  .

which shall invite

to attend the hearing

| (iii) | if the portfolio of the Commissioner-designate falls mainly within the remit of one committee and only to a small extent within the remit of at least one other committee, the Commissioner-designate shall be heard by the committee mainly responsible,
  with the association of
  the other committee or committees
  (associated committees)
  . |
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(iii)

if the portfolio of the Commissioner-designate falls mainly within the remit of one committee and only to a small extent within the remit of at least one other committee, the Commissioner-designate shall be heard by the committee mainly responsible,
  with the association of
  the other committee or committees
  (associated committees)
  .

with the association of

(associated committees)

Amendment 6

Amendment 6

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex XVII – paragraph 1 – point b – subparagraph 4

Annex XVII – paragraph 1 – point b – subparagraph 4

The committees shall submit written questions to the Commissioners-designate in good time before the hearings.
  The number of substantive written questions shall be limited to five per committee responsible.

The number of substantive written questions shall be limited to five per committee responsible.

The committees shall submit written questions to the Commissioners-designate in good time before the hearings.
  For each Commissioner-designate there shall be two common questions drafted by the Conference of Committee Chairs, the first relating to the issues of general competence, European commitment and personal independence, and the second relating to the management of the portfolio and cooperation with Parliament. The committee responsible shall draft three other questions. In the case of joint committees, they shall each be given the right to draft two questions.

For each Commissioner-designate there shall be two common questions drafted by the Conference of Committee Chairs, the first relating to the issues of general competence, European commitment and personal independence, and the second relating to the management of the portfolio and cooperation with Parliament. The committee responsible shall draft three other questions. In the case of joint committees, they shall each be given the right to draft two questions.

Amendment 7

Amendment 7

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex XVII – paragraph 1 – point b – subparagraph 5

Annex XVII – paragraph 1 – point b – subparagraph 5

Hearings shall take place in circumstances, and under conditions, in which Commissioners-designate enjoy an equal and fair opportunity to present themselves and their opinions.

Each hearing shall be scheduled to last three hours.
  Hearings shall take place in circumstances, and under conditions, in which Commissioners-designate enjoy an equal and fair opportunity to present themselves and their opinions.

Each hearing shall be scheduled to last three hours.

Amendment 8

Amendment 8

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex XVII – paragraph 1 – point b – subparagraph 6

Annex XVII – paragraph 1 – point b – subparagraph 6

Commissioners-designate shall be invited to make an opening oral statement of no longer than
  20 minutes
  . The conduct of the hearings shall aim to develop a pluralistic political dialogue between the Commissioners-designate and the Members. Before the end of the hearing, Commissioners-designate shall be given the opportunity to make a brief closing statement.

20 minutes

Commissioners-designate shall be invited to make an opening oral statement of no longer than
  15 minutes
  .
  Where possible, questions put during the course of the hearing shall be grouped together by theme. The bulk of the speaking time shall be allotted to political groups, mutatis mutandis in accordance with Rule 149.
  The conduct of the hearings shall aim to develop a pluralistic political dialogue between the Commissioners-designate and the Members. Before the end of the hearing, Commissioners-designate shall be given the opportunity to make a brief closing statement.

15 minutes

Where possible, questions put during the course of the hearing shall be grouped together by theme. The bulk of the speaking time shall be allotted to political groups, mutatis mutandis in accordance with Rule 149.

Amendment 9

Amendment 9

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex XVII – paragraph 1 – point c – subparagraph 1

Annex XVII – paragraph 1 – point c – subparagraph 1

An indexed
  video
  recording of the hearings shall be made available for the public record within 24 hours.

video

There shall be a live audio-visual transmission of the hearings.
  An indexed recording of the hearings shall be made available for the public record within 24 hours.

There shall be a live audio-visual transmission of the hearings.

(Text to be moved to the end of paragraph 1, point b)

(Text to be moved to the end of paragraph 1, point b)

Amendment 10

Amendment 10

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex XVII – paragraph 1 – point c – subparagraph 2

Annex XVII – paragraph 1 – point c – subparagraph 2

The
  committees
  shall meet without delay after the hearing to evaluate the individual Commissioners-designate. Those meetings shall be held in camera. The
  committees
  shall be invited to state whether, in their opinion, the Commissioners-designate are qualified both to be members of the College and to carry out the particular duties they have been assigned. If the
  committee is
  unable to reach a consensus on
  both of those points, its Chair shall,
  as a last resort, put the two decisions to the vote by secret ballot.
  The committees' statements of evaluation shall be made public and presented at a joint meeting of the Conference of Presidents and the Conference of Committee Chairs, which shall be held in camera. Following an exchange of views, the Conference of Presidents and the Conference of Committee Chairs shall declare the hearings closed unless they decide to seek further information.

committees

committees

committee is

both of those points, its Chair shall,

The committees' statements of evaluation shall be made public and presented at a joint meeting of the Conference of Presidents and the Conference of Committee Chairs, which shall be held in camera. Following an exchange of views, the Conference of Presidents and the Conference of Committee Chairs shall declare the hearings closed unless they decide to seek further information.

The
  Chair and coordinators
  shall meet without delay after the hearing to evaluate the individual Commissioners-designate. Those meetings shall be held in camera. The
  coordinators
  shall be invited to state whether, in their opinion, the Commissioners-designate are qualified both to be members of the College and to carry out the particular duties they have been assigned.
  The Conference of Committee Chairs shall design a pro forma template to assist the evaluation.

Chair and coordinators

coordinators

The Conference of Committee Chairs shall design a pro forma template to assist the evaluation.

In the case of joint committees the Chair and the coordinators of the committees concerned shall act jointly throughout the procedure.

In the case of joint committees the Chair and the coordinators of the committees concerned shall act jointly throughout the procedure.

There shall be a single evaluation statement for each Commissioner-designate. The opinions of all the committees associated with the hearing shall be included.

There shall be a single evaluation statement for each Commissioner-designate. The opinions of all the committees associated with the hearing shall be included.

Where committees require further information in order to complete their evaluation, the President shall write on their behalf to the President-elect of the Commission. The coordinators shall take the latter's reply into consideration.

Where committees require further information in order to complete their evaluation, the President shall write on their behalf to the President-elect of the Commission. The coordinators shall take the latter's reply into consideration.

If the
  coordinators are
  unable to reach a consensus on
  the evaluation, or at the request of one political group, the Chair shall convene a full committee meeting.
  As a last resort,
  the Chair shall
  put the two decisions to the vote by secret ballot.

coordinators are

the evaluation, or at the request of one political group, the Chair shall convene a full committee meeting.

the Chair shall

The committees' statements of evaluation shall be adopted and made public within 24 hours after the hearing. The statements shall be examined by the Conference of Committee Chairs and conveyed subsequently to the Conference of Presidents. Unless it decides to seek further information, the Conference of Presidents, following an exchange of views, shall declare the hearings closed.

The committees' statements of evaluation shall be adopted and made public within 24 hours after the hearing. The statements shall be examined by the Conference of Committee Chairs and conveyed subsequently to the Conference of Presidents. Unless it decides to seek further information, the Conference of Presidents, following an exchange of views, shall declare the hearings closed.

Amendment 11

Amendment 11

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex XVII – paragraph 1 – point c – subparagraph 3

Annex XVII – paragraph 1 – point c – subparagraph 3

The President-elect of the Commission shall present the whole College of Commissioners-designate and their programme at a sitting of Parliament which the
  whole Council
  shall be invited to attend. The presentation shall be followed by a debate. In order to wind up the debate, any political group or at least 40 Members may table a motion for resolution. Rule 110(3), (4) and (5) shall apply. Following the vote on the motion for resolution, Parliament shall vote on whether or not to give its consent to the appointment, as a body, of the President-elect and Commissioners-designate. Parliament shall decide by a majority of the votes cast, by roll call. It may defer the vote until the following sitting.

whole Council

The President-elect of the Commission shall present the whole College of Commissioners-designate and their programme at a sitting of Parliament which the
  President of the European Council and the President of the Council
  shall be invited to attend. The presentation shall be followed by a debate. In order to wind up the debate, any political group or at least 40 Members may table a motion for resolution. Rule 110(3), (4) and (5) shall apply.

President of the European Council and the President of the Council

Following the vote on the motion for resolution, Parliament shall vote on whether or not to give its consent to the appointment, as a body, of the President-elect and Commissioners-designate. Parliament shall decide by a majority of the votes cast, by roll call. It may defer the vote until the following sitting.

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(1)  OJ L 304, 20.11.2010, p. 47.

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