# CE2012377EN.01017101.xml

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/171 |
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7.12.2012

EN

Official Journal of the European Union

CE 377/171

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Wednesday 11 May 2011Amendment of Parliament's Rules of Procedure following the establishment by Parliament and the Commission of a common Transparency Register

P7_TA(2011)0221

European Parliament decision of 11 May 2011 on the amendment of Parliament’s Rules of Procedure following the establishment by the European Parliament and the Commission of a joint transparency register (2010/2292(REG))

2012/C 377 E/28

The European Parliament,

The European Parliament

| — | having regard to the decision of the Conference of Presidents of 18 November 2010, |
| --- | --- |

—

having regard to the decision of the Conference of Presidents of 18 November 2010,

| — | having regard to its decision of 11 May 2011 (1) approving the conclusion of the agreement between the European Parliament and the European Commission on the establishment of a transparency register, |
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—

having regard to its decision of 11 May 2011 (1) approving the conclusion of the agreement between the European Parliament and the European Commission on the establishment of a transparency register,

1

| — | having regard to Rules 211, 212 and 127(2) of its Rules of Procedure, |
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—

having regard to Rules 211, 212 and 127(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A7-0173/2011), |
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—

having regard to the report of the Committee on Constitutional Affairs (A7-0173/2011),

| 1. | Decides to amend its Rules of Procedure as shown below; |
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1.

Decides to amend its Rules of Procedure as shown below;

| 2. | Decides that the text of the agreement referred to above will be incorporated into its Rules of Procedure as Annex X, Part B; |
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2.

Decides that the text of the agreement referred to above will be incorporated into its Rules of Procedure as Annex X, Part B;

| 3. | Decides that these amendments will enter into force on the date of entry into force of the agreement; |
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3.

Decides that these amendments will enter into force on the date of entry into force of the agreement;

| 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 9 – title |
| | |
| Amendment 2 |
| Parliament's Rules of Procedure


  Rule 9 – paragraph 3 a (new) |
| | 3a.
     
  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants). |
| Amendment 3 |
| Parliament's Rules of Procedure


  Rule 9 – paragraph 4 |
| 4.   
  The Quaestors shall be responsible for issuing nominative passes valid for a maximum of one year to persons who wish to enter Parliament’s premises frequently in order to supply information to Members within the framework of their parliamentary mandate in their own interests or those of third parties. | 4.   
  Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau. |
| In return, these persons shall be required to: | |
| — | respect the code of conduct published as an annex to the Rules of Procedure; |

PRESENT TEXT

AMENDMENT

Amendment 1

Amendment 1

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 9 – title

Rule 9 – title

Amendment 2

Amendment 2

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 9 – paragraph 3 a (new)

Rule 9 – paragraph 3 a (new)

3a.
     
  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants).

3a.

At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants).

Amendment 3

Amendment 3

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 9 – paragraph 4

Rule 9 – paragraph 4

4.   
  The Quaestors shall be responsible for issuing nominative passes valid for a maximum of one year to persons who wish to enter Parliament’s premises frequently in order to supply information to Members within the framework of their parliamentary mandate in their own interests or those of third parties.

The Quaestors shall be responsible for issuing nominative passes valid for a maximum of one year to persons who wish to enter Parliament’s premises frequently in order to supply information to Members within the framework of their parliamentary mandate in their own interests or those of third parties.

4.   
  Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau.

Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau.

In return, these persons shall be required to:

In return, these persons shall be required to:

—

respect the code of conduct published as an annex to the Rules of Procedure;

respect the code of conduct published as an annex to the Rules of Procedure;

| — | sign a register kept by the Quaestors. |
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—

sign a register kept by the Quaestors.

sign a register kept by the Quaestors.

This register shall be made available to the public on request in all of Parliament's places of work and, in the form laid down by the Quaestors, in its information offices in the Member States.

This register shall be made available to the public on request in all of Parliament's places of work and, in the form laid down by the Quaestors, in its information offices in the Member States.

The provisions governing the application of this paragraph shall be laid down in an annex to these Rules of Procedure.

The provisions governing the application of this paragraph shall be laid down in an annex to these Rules of Procedure.

Such badges may be issued to:

Such badges may be issued to:

| — | persons whose names appear in the transparency register (2) or who represent or work for organisations whose names appear therein, although registration shall not confer an automatic right to such a badge; |
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—

persons whose names appear in the transparency register (2) or who represent or work for organisations whose names appear therein, although registration shall not confer an automatic right to such a badge;

persons whose names appear in the transparency register (2

| — | persons who wish to enter Parliament's premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register (3); |
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—

persons who wish to enter Parliament's premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register (3);

persons who wish to enter Parliament's premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register (3

| — | Members’ local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions. |
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—

Members’ local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions.

Members’ local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions.

Amendment 4

Amendment 4

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 9 – paragraph 4 a (new)

Rule 9 – paragraph 4 a (new)

4a.
     
  Persons who sign the transparency register must, in the context of their relations with Parliament, respect:

4a.

Persons who sign the transparency register must, in the context of their relations with Parliament, respect:

| — | the code of conduct annexed to the agreement (4); |
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—

the code of conduct annexed to the agreement (4);

the code of conduct annexed to the agreement (4

| — | the procedures and other obligations laid down by the agreement; and |
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—

the procedures and other obligations laid down by the agreement; and

the procedures and other obligations laid down by the agreement; and

| — | the provisions of this Rule and its implementing provisions. |
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—

the provisions of this Rule and its implementing provisions.

the provisions of this Rule and its implementing provisions.

Amendment 5

Amendment 5

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 9 – paragraph 4 b (new)

Rule 9 – paragraph 4 b (new)

4b.
     
  The Quaestors shall determine to what extent the code of conduct is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement.

4b.

The Quaestors shall determine to what extent the code of conduct is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement.

Amendment 6

Amendment 6

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 9 – paragraph 4 c (new)

Rule 9 – paragraph 4 c (new)

4c.
     
  Badges shall be withdrawn by reasoned decision of the Quaestors in the following cases:

4c.

Badges shall be withdrawn by reasoned decision of the Quaestors in the following cases:

| — | the holder has been struck off the transparency register, unless there are significant arguments against withdrawal; |
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—

the holder has been struck off the transparency register, unless there are significant arguments against withdrawal;

the holder has been struck off the transparency register, unless there are significant arguments against withdrawal;

| — | the holder has been guilty of a serious breach of the obligations laid down in paragraph 4a. |
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—

the holder has been guilty of a serious breach of the obligations laid down in paragraph 4a.

the holder has been guilty of a serious breach of the obligations laid down in paragraph 4a.

Amendment 7

Amendment 7

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 9 – paragraph 4 d (new)

Rule 9 – paragraph 4 d (new)

4d.
     
  The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the agreement on the establishment of that register.

4d.

The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the agreement on the establishment of that register.

The provisions implementing paragraphs 4 to 4d shall be laid down in an annex (5).

The provisions implementing paragraphs 4 to 4d shall be laid down in an annex (5

Amendment 8

Amendment 8

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex I – Article 2 – paragraphs 2 and 3

Annex I – Article 2 – paragraphs 2 and 3

Members of Parliament shall refrain from accepting any
  other
  gift or benefit in the performance of their duties.

other

Members of Parliament shall refrain from accepting any gift or benefit in the performance of their duties.

The declarations in the register shall be made under the personal responsibility of the Member and must be updated
  every year
  .

every year

The declarations in the register shall be made under the personal responsibility of the Member and must be updated
  as soon as changes occur, and a fresh declaration shall be submitted at least once a year. Members shall bear full responsibility for the transparency of their financial interests.

as soon as changes occur, and a fresh declaration shall be submitted at least once a year. Members shall bear full responsibility for the transparency of their financial interests.

Amendment 9

Amendment 9

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex X – title

Annex X – title

ANNEX X

ANNEX X

Amendment 10

Amendment 10

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex X – Article 1

Annex X – Article 1

Article 1

1

Sole Article

Sole

Passes

Passes

Badges

Badges

1.   The
  pass
  shall consist of a plastic card bearing a photograph of the holder, indicating the holder's surname and forenames and the name of the firm, organisation or person for whom the holder works.

pass

1.   The
  long-term access badge
  shall consist of a plastic card bearing a photograph of the holder, indicating the holder's surname and forenames and the name of the firm, organisation or person for whom the holder works.

long-term access badge

Pass-holders
  shall at all times wear their
  pass
  visibly on all Parliament premises. Failure to do so may lead to its withdrawal.

Pass-holders

pass

Badge-holders
  shall at all times wear their
  badge
  visibly on all Parliament premises. Failure to do so may lead to its withdrawal.

Badge-holders

badge

Passes
  shall be distinguished by their shape and colour from the passes issued to occasional visitors.

Passes

Badges
  shall be distinguished by their shape and colour from the passes issued to occasional visitors.

Badges

2.   
  Passes
  shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(
  4
  ).

Passes

4

2.   
  Badges
  shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(
  4a
  ).

Badges

4a

Any
  dispute by a Member as to the activity of a representative or lobby
  shall be referred to the Quaestors, who
  shall look into the matter and may decide whether to maintain or withdraw
  the
  pass
  concerned.

dispute by a Member as to the activity of a representative or lobby

shall look into the matter and may decide whether to maintain or withdraw

pass

Any
  complaint supported by facts which falls within the scope of the code of conduct annexed to the agreement on the establishment of the transparency register (6)

  shall be referred to
  the joint Transparency Register Secretariat. The Secretary-General of Parliament shall forward details of decisions to strike persons off the register to
  the Quaestors, who
  shall take a decision on the withdrawal
  of the
  badge
  concerned.

complaint supported by facts which falls within the scope of the code of conduct annexed to the agreement on the establishment of the transparency register (6

the joint Transparency Register Secretariat. The Secretary-General of Parliament shall forward details of decisions to strike persons off the register to

shall take a decision on the withdrawal

badge

Notifications of decisions by the Quaestors to withdraw one or more badges shall include a request to the holders or the organisations they represent or for which they work to return the badges to Parliament within 15 days of receipt of the notification.

Notifications of decisions by the Quaestors to withdraw one or more badges shall include a request to the holders or the organisations they represent or for which they work to return the badges to Parliament within 15 days of receipt of the notification.

3.   
  Passes
  shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens.

Passes

3.   
  Badges
  shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens.

Badges

Amendment 11

Amendment 11

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex X – Article 2

Annex X – Article 2

Article 2

Article 2

Assistants

Assistants

1.
     
  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member.

1.

At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member.

Upon taking up their duties, registered assistants shall make a written declaration of their professional activities and any other remunerated functions or activities.

Upon taking up their duties, registered assistants shall make a written declaration of their professional activities and any other remunerated functions or activities.

2.
     
  They shall have access to Parliament under the same conditions as staff of the Secretariat or the political groups.

2.

They shall have access to Parliament under the same conditions as staff of the Secretariat or the political groups.

3.
     
  All other persons, including those working directly with Members, shall only have access to Parliament under the conditions laid down in Rule 9(4).

3.

All other persons, including those working directly with Members, shall only have access to Parliament under the conditions laid down in Rule 9(4).

deleted

deleted

Amendment 12

Amendment 12

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex X – Article 3

Annex X – Article 3

Article 3

Article 3

Code of conduct

Code of conduct

1.
     
  In the context of their relations with Parliament, the persons whose names appear in the register provided for in Rule 9(4) shall:

1.

In the context of their relations with Parliament, the persons whose names appear in the register provided for in Rule 9(4) shall:

| (a) | comply with the provisions of Rule 9 and this Annex; |
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(a)

(a)

comply with the provisions of Rule 9 and this Annex;

comply with the provisions of Rule 9 and this Annex;

| (b) | state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of Parliament; |
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(b)

(b)

state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of Parliament;

state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of Parliament;

| (c) | refrain from any action designed to obtain information dishonestly; |
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(c)

(c)

refrain from any action designed to obtain information dishonestly;

refrain from any action designed to obtain information dishonestly;

| (d) | not claim any formal relationship with Parliament in any dealings with third parties; |
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(d)

(d)

not claim any formal relationship with Parliament in any dealings with third parties;

not claim any formal relationship with Parliament in any dealings with third parties;

| (e) | not circulate for a profit to third parties copies of documents obtained from Parliament; |
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(e)

(e)

not circulate for a profit to third parties copies of documents obtained from Parliament;

not circulate for a profit to third parties copies of documents obtained from Parliament;

| (f) | comply strictly with the provisions of Annex I, Article 2, second paragraph; |
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(f)

(f)

comply strictly with the provisions of Annex I, Article 2, second paragraph;

comply strictly with the provisions of Annex I, Article 2, second paragraph;

| (g) | satisfy themselves that any assistance provided in accordance with the provisions of Annex I, Article 2 is declared in the appropriate register; |
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(g)

(g)

satisfy themselves that any assistance provided in accordance with the provisions of Annex I, Article 2 is declared in the appropriate register;

satisfy themselves that any assistance provided in accordance with the provisions of Annex I, Article 2 is declared in the appropriate register;

| (h) | comply with the provisions of the Staff Regulations when recruiting former officials of the institutions; |
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(h)

(h)

comply with the provisions of the Staff Regulations when recruiting former officials of the institutions;

comply with the provisions of the Staff Regulations when recruiting former officials of the institutions;

| (i) | comply with any rules laid down by Parliament on the rights and responsibilities of former Members; |
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(i)

(i)

comply with any rules laid down by Parliament on the rights and responsibilities of former Members;

comply with any rules laid down by Parliament on the rights and responsibilities of former Members;

| (j) | in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently satisfy themselves that this is declared in the register provided for in Rule 9(4). |
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(j)

(j)

in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently satisfy themselves that this is declared in the register provided for in Rule 9(4).

in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently satisfy themselves that this is declared in the register provided for in Rule 9(4).

2.
     
  Any breach of this Code of Conduct may lead to the withdrawal of the pass issued to the persons concerned and, if appropriate, their firms.

2.

Any breach of this Code of Conduct may lead to the withdrawal of the pass issued to the persons concerned and, if appropriate, their firms.

deleted

deleted

Amendment 13

Amendment 13

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Annex X – part B – title (new)

Annex X – part B – title (new)

(1)  Texts adopted, P7_TA(2011)0222.

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1

(2)  
  Register established by means of the agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed persons engaged in EU policy-making and policy implementation (see Annex X, Part B).

2

Register established by means of the agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed persons engaged in EU policy-making and policy implementation (see Annex X, Part B).

(3)  
  See Annex X, Part B.

3

See Annex X, Part B.

(4)  
  See Annex 3 to the agreement set out in Annex X, Part B.

4

See Annex 3 to the agreement set out in Annex X, Part B.

(5)  
  See Annex X, Part A.

5

See Annex X, Part A.

(6)  
  See Annex 3 to the agreement set out in Part B of this Annex.

6

See Annex 3 to the agreement set out in Part B of this Annex.

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