2002Q0769 — EN — 01.08.2002 — 000.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B RULES OFPROCEDURE
(adopted by the plenary session on 17 July 2002)
(2002)/769/EC, Euratom)
(OJ L 268, 4.10.2002, p. 1)
Corrected by:
►C1Corrigendum, OJ L 258, 10.10.2003, p. 39 (769/2002)
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RULES OFPROCEDURE
(adopted by the plenary session on 17 July 2002)
(2002)/769/EC, Euratom)
PREAMBLE
1. The European Economic and Social Committee represents the
various economic and social components of organised civil society. Itis an institutional consultative body established by the 1957 Treaty ofRome.
2. The Committee's consultative role enables its members, and hence
the organisations they represent, to participate in the Community deci-
sion-making process. With views occasionally being diametricallyopposed, the Committee's discussions often require real negotiationsinvolving not only the usual social partners, i.e. employers (Group I)and wage-earners (Group II) but also, and this is the distinguishingfeature of the Committee, all the other socio-occupational interests
represented (Group III). This expertise, these discussions and negotia-
tionsand the s earch for convergence may improve the quality andcredibility of the Community decision-making process, inasmuch asthey make it more comprehensible and acceptable for Europe's citizensand increase the transparency which is so vital for democracy.
3. Within the European institutional set-up, the Committee fulfils a
specific role: it is the prime forum in which the organisations of civil
society in the European Union can have their views represented anddiscussed.
4. Asa debating and cons ultative chamber, the Committee helpsto
strengthen the democratic credentials of the process of building theEuropean Union, including the promotion of relationsbetween theEuropean Union and socioeconomic groupings in third countries. In so
doing it helpsto promote a genuine identification with Europe.
5. To carry out its missions successfully, the Committee adopted, on
17 July 2002, the Rulesof Procedure which follow, in accordancewith Article 260(2) of the Treaty establishing the European Commu-nity:2002Q0769 — EN — 01.08.2002 — 000.002 — 2
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TITLE I
ORGANISATION OFTHE COMMITTEE
CHAPTER I
INSTALLATION OF THE COMMITTEE IN OFFICE
Article 1
1. The Committee shall hold office for terms of four years.
2. The first meeting of the Committee following each four-yearly
renewal shall be convened by the oldest member, if possible not later
than one month after the membersof the Committee have been notified
of their appointment by the Council.
Article 2
1. The Committee shall consist of the following bodies: the
assembly, the bureau, the president and the sections.
2. The Committee shall be divided into three Groups, the composi-
tion and role of which are set out in Article 27.
CHAPTER II
BUREAU
Article 3
1. The bureau shall have 24 members and include a representative
of each Member State.
2. The bureau of the Committee shall comprise:
(a) a president, two vice-presidents and 12 members, directly elected
by the assembly;
(b) the section presidents;
(c) the Group presidents, elected as provided for in Article 27.
3. The president shall be elected in turn from among the members of
the three Groups.
4. The president and vice-presidents may not be re-elected for the
two yearsimmediately following the expiry of their two-year term ofoffice.
5. The vice-presidents shall be elected from among the members of
the two Groupsto which the pres ident doesnot belong.
6. The election of the bureau memberss hall comply with the prin-
ciple laid down in Article 3(1) and observing the balance between the
Groupsformed purs uant to Article 27.
Article 4
1. At its first meeting, held pursuant to Article 1, the Committee,
with the interim president in the chair, shall elect from among itsmembers a president, two vice-presidents, the presidents of the specia-lised sections and the other members of the bureau other than theGroup presidents for a term of two years, commencing on the date ofthe installation of the Committee in office.
2. Only matters pertaining to these elections may be discussed under
the chairmanship of the interim president.
Article 5
The meeting at which the bureau of the Committee iselected for the
last two years of a four-year period shall be convened by the outgoingpresident. It shall be held at the beginning of the session of the monthin which the term of office of the bureau elected for the first two years2002Q0769 — EN — 01.08.2002 — 000.002 — 3
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of a four-year period expires. The chair shall be taken by the outgoing
president.
Article 6
1. The Committee may set up an election panel, drawn from its
members and consisting of one representative per Member State, toreceive candidatures and to submit a list of candidates to the assembly,
taking due account of the provisions of Article 3.
2. The Committee, acting in accordance with the provisions of this
Article, shall decide on the list or lists of candidates for the bureau andthe presidency.
3. The Committee shall elect the members of the bureau other than
the presidents of the Groups and specialised sections, holding morethan one ballot if necessary, according to the procedure for voting by
list.
4. Only complete lists of candidates conforming to the provisions of
Article 3 and accompanied by a declaration of acceptance from eachcandidate may be admitted to the vote.
5. Those candidates on the list which obtain the highest number and
at least one quarter of the valid votes cast shall be declared elected asmembersof the bureau.
6. The assembly shall then elect the president and the vice-presi-
dentsof the Committee by a s imple majority from among the bureau
memberselected in accordance with Article 6(3).
7. The Committee shall then elect the presidents of the specialised
sections by a simple majority.
8. Finally, the Committee shall vote on the bureau as a whole. At
least two thirds of the total number of valid votes must be cast infavour.
Article 7
In the event of inability to discharge the duties attaching to his/her post
or in the cases provided for in Article 70(2), a member of the bureaushall be replaced for the remainder of his/her term of office in accor-dance with Article 6.
Article 8
1. Meetings of the bureau shall be convened by the president, acting
either ex officio or at the request of 10 members.
2. Minutes of each bureau meeting shall be drawn up. These
minutes shall be submitted to the bureau for approval.
3. The bureau shall lay down its own procedural rules.4. It shall lay down the organisation and working procedures of the
Committee and adopt provisions for implementing the Rules of Proce-dure.
5. The bureau and the president shall exercise the budgetary and
financial powersprovided for in the Financial Regulation and theCommittee'sRulesof Procedure.
6. The bureau shall determine the implementing arrangements
regarding the travel and subsistence expenses of members, their alter-
nates, appointed in accordance with Article 18, and the daily
allowancesof their expertsappointed in accordance with Article 23,in compliance with the budget and financial procedures.
7. The bureau shall have political responsibility for the general
management of the Committee. In particular, it shall ensure that theactivitiesof the Committee, itsbodiesand itss taff are in keeping withits institutional aims.2002Q0769 — EN — 01.08.2002 — 000.002 — 4
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8. The bureau shall be responsible for ensuring that in carrying out
the tasks entrusted to it by the Treaty, the Committee makes good useof the human, budgetary and technical resources available to it. The
bureau shall, for instance, take part in the budgetary procedure and in
the organisation of the secretariat.
9. The bureau may set up ad hoc groups, drawn from among its
members, to examine any questions falling within its competence.
Other members may also be involved in the work of these groups,
except when issues concerning finance, the budget or the appointmentof permanent staff are discussed.
10. Every six months the bureau shall examine, on the basis of a
report drawn up for thispurpos e, the action taken on opinionsdelivered
by the Committee.
11. At the request of a member or of the secretary-general, the
bureau shall clarify the interpretation of the Rules of Procedure andits implementing provisions. Its findings shall be binding subject tothe right of appeal to the assembly to make a final decision.
12. At the time of the Committee'sfour-yearly renewal, the outgoing
bureau shall take responsibility for current business until the firstmeeting of the new Committee.
Article 9
Within the framework of interinstitutional cooperation, the bureau may
instruct the president to conclude cooperation agreements with theinstitutions and other bodies of the European Union.
Article 10
1. The bureau, acting on a proposal from the Groups referred to in
Article 27, shall set up a ‘budget group’ from among its own membersto assist it in exercising its budgetary and financial powers.
2. The budget group shall have nine members.
3. For specified matters the bureau may delegate its decision-making
power to the budget group.
4. Proposals adopted unanimously by the budget group shall be
submitted to the bureau for approval without debate.
5. The budget group shall participate in the drawing up of the
budget and ensure that it is implemented properly.
6. The president of the budget group shall take part in negotiations
with the budgetary authoritiesand s hall report thereon to the bureau.
7. The budget group's duties shall include advising the president, the
bureau and the Committee and exercising control over the variousservices.
CHAPTER III
PRESIDENCY AND THE PRESIDENT
Article 11
1. The presidency shall comprise the president and the two vice-
presidents.
2. The Committee presidency shall meet with the Group presidents
to prepare the work of the bureau and the assembly. Any or all of the
specialised section presidents may also be invited to attend when
necessary or appropriate.
3. Aspart of the Committee'sprogramme of work, the pres idency
shall meet with the presidents of the Groups and specialised sectionsat least twice a year.2002Q0769 — EN — 01.08.2002 — 000.002 — 5
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Article 12
1. The president shall direct the work of the Committee in accor-
dance with the Treaties and with these Rules.
2. The president shall involve the vice-presidents in his activities on
a permanent basis; he/she may delegate to them specific tasks or
responsibilities falling within his remit.
3. The president may entrust specific tasks to the secretary-general
for a limited period.
4. The president shall have the authority to represent the Committee
in its external relations. On certain occasions he/she may delegate thisauthority to a vice-president or to a member.
5. The president shall report to the Committee on action and
measures taken on its behalf between plenary sessions. These reportsshall not be followed by a debate.
6. After his/her election, the president shall present his/her work
programme for his/her term of office. He/She shall also present a
review of achievementsat the end of his /her term.
These two presentations may be debated by the assembly.
Article 13
If the president is temporarily unable to carry out his/her duties, he/she
shall be replaced during this period by the vice-president belonging to
the Group which isto provide the next pres ident.
CHAPTER IV
SPECIALISED SECTIONS
Article 14
1. The Committee shall comprise six specialised sections. Other
specialised sections may be set up by the plenary assembly on aproposal from the bureau, in the fields covered by the Treaties.
2. The Committee shall set up its specialised sections at the inau-
gural session following each four-yearly renewal.
3. The list of specialised sections and their terms of reference may
be examined at the time of each four-yearly renewal.
Article 15
1. The number of members of the specialised sections shall be
decided by the Committee on a proposal from its bureau.
2. Apart from the president, every member of the Committee must
be a member of at least one specialised section.
3. No member may belong to more than two specialised sections,
although the bureau of the Committee may allow exceptionswhere
justified by the need to ensure fair representation of the Member States.
4. The members of the specialised sections shall be appointed by the
Committee. Appointments shall be for two years and shall be renew-able.
5. The procedure laid down for the appointment of specialised
section members shall also be followed for the replacement of suchmembers.
Article 16
1. The bureau of a specialised section, elected for a term of two
years, shall comprise nine members including a president and twovice-presidents.
2. Elections of specialised section presidents and of other members
of specialised section bureaux shall be conducted by the Committee.2002Q0769 — EN — 01.08.2002 — 000.002 — 6
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3. Specialised section presidents and other members of specialised
section bureaux may be re-elected.
4. The presidency of three specialised sections shall be rotated
between the Groups every two years. The same Group may not hold
the presidency of any specialised section for a period exceeding four
consecutive years.
Article 17
1. It shall be the task of the specialised sections to draw up opinions
or information reportson ques tionsreferred to them in accordance with
Article 32.
2. The specialised sections may set up from among their members a
study group or drafting group or appoint a rapporteur working alone todeal with the questions referred to them. The rapporteur shall beresponsible for monitoring action taken on opinions after their adoptionat the plenary session and, in due course, shall report to the specialisedsection.
3. The appointment of rapporteursand, where appropriate, co-
rapporteurs, the composition of study and drafting groups shall be
decided on the basis of proposals from the Groups.
4. Study groups may not become permanent bodies, save in excep-
tional cases for which the Committee bureau's prior authorisation isrequired for the same two-year period.
Article 18
1. Any member of the Committee unable to attend a meeting of a
study group to which he/she belongs may arrange to be representedby an alternate at that meeting.
2. The name and capacity of the alternate selected shall be commu-
nicated to the bureau of the Committee for itsapproval.
3. The alternate shall carry out the same duties in the study groups
as the member whom he/she replaces.
CHAPTER V
SUBCOMMITTEES AND RAPPORTEUR-GENERAL
Article 19
1. On the initiative of the bureau, the Committee may, in excep-
tional cases, set up subcommittees drawn from its members toproduce, for submission to the assembly, draft opinions or informationreportson general or s pecific matterscoming within the purview of
two or more specialised sections.
2. In the periods between plenary sessions the bureau may set up
subcommittees, subject to subsequent confirmation by the Committee.
In no case may a subcommittee be set up for more than one issue. Asubcommittee shall be automatically dissolved as soon as the draftopinion or information report which it hasprepared isvoted on by theCommittee.
3. Subcommittees set up for questions coming within the purview of
two or more specialised sections shall be made up of members of those
specialised sections.
4. The rules governing specialised sections shall be applicable,
mutatismutandis , to subcommittees.
Article 20
The Committee may appoint a rapporteur-general for any question
submitted to it.2002Q0769 — EN — 01.08.2002 — 000.002 — 7
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CHAPTER VI
OBSERVATORIES, HEARINGS, EXPERTS
Article 21
1. The Committee may set up observatories when the nature, extent
and specific character of the subject to be dealt with calls for particularflexibility in terms of the working methods, procedures and instrumentsto be used.
2. An observatory shall be set up by a decision of the plenary
assembly, ratifying a decision taken earlier by the bureau on a jointproposal from the Groups or from a specialised section.
3. The decision to set up an observatory shall define the object,
structure, composition, duration and working rules in each case.
Article 22
If an issue under discussion is of sufficient importance, the various
bodies and working units of the Committee may invite guest speakers
from outside the Committee to a hearing. If the use of guest speakersinvolves additional costs, the body or unit concerned must seek priorauthorisation from the Committee bureau and submit a programmegiving reasons why it considers that certain aspects call for outsideassistance.
Article 23
In so far as this is essential for carrying out certain tasks, the president
may, on his/her own initiative, or on a proposal from the Groups,
specialised sections or rapporteurs, appoint experts under the terms
laid down by the bureau in line with the provisions of Article 8(6).
CHAPTER VII
CONSULTATIVE COMMISSIONS
Article 24
1. The Committee shall have the option of setting up consultative
commissions. These shall be made up of members of the Committeeand of delegates from areas of civil society that the Committee wishesto involve in itswork.
2. Such commissions shall be set up by a decision of the plenary
assembly which shall confirm a decision taken by the bureau. The deci-sion setting up such commissions shall define their object, theirstructure, their composition, their duration and their rules.
3. In accordance with Article 24(1) and (2), a ‘consultative commis-
sion on industrial change’ (CCIC) may be set up, made up of membersof the European Economic and Social Committee and delegatesfromprofessional organisations representing the coal and steel sector andrelated sectors.
CHAPTER VIII
DIALOGUE WITH ECONOMIC AND SOCIAL ORGANISATIONS IN
EU AND NON-EU STATES
Article 25
1. The Committee, on the initiative of the bureau, may maintain
structured relations with economic and social councils and similar insti-tutions and with civil society organisations of an economic and social
nature in the European Union and non-EU countries.
2. In the same way, it shall undertake actions designed to foster the
establishment of economic and social councils or similar institutions incountrieswhich do not yet have them.2002Q0769 — EN — 01.08.2002 — 000.002 — 8
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Article 26
1. The Committee, on a proposal from the bureau, may appoint
delegationsto maintain relationswith the variouseconomic and s ocialcomponents of organised civil society in States or associations of States
outside the European Union.
2. Cooperation between the Committee and partnersfrom organis ed
civil society in the candidate countries shall take the form of jointconsultative committees if these have been formed by the AssociationCouncils. Otherwise it shall take place in contact groups.
CHAPTER IX
THE GROUPS AND CATEGORIES
Article 27
1. The Committee shall be made up of three Groups of members
representing respectively employers, employees and the various other
economic and social components of organised civil society.
2. The Groups shall elect their presidents and vice-presidents. These
Groups shall participate in the preparation, organisation and coordina-tion of the business of the Committee and its constituent bodies, andhelp supply them with information. Each Group shall be providedwith a secretariat.
3. The Group presidents shall be members of the bureau in accor-
dance with Article 3(2)(c).
4. The Group presidents shall assist the Committee presidency in the
formulation of policy and, where appropriate, in the monitoring ofexpenditure.
5. The Group presidents shall meet with the Committee presidency
to assist in preparing the work of the bureau and the assembly.
6. The Groups shall make proposals to the assembly for the election
of specialised section presidents under Article 6(7) and of specialised
section bureaux under Article 16.
7. The Groups shall make proposals for membership of the budget
group to be set up by the bureau under Article 10(1).
8. The Groups shall make proposals for the membership of observa-
tories and consultative commissions to be set up by the assembly underArticles21 and 24 res pectively.
9. The Groups shall make proposals for the membership of delega-
tions and joint consultative committees to be set up in accordance withArticle 26(1) and (2) respectively.
10. The Groups shall make proposals for rapporteurs and for the
composition of study and drafting groups to be appointed/set up by
the specialised sections under Article 17(3).
11. In applying Articles27(6) to 27(10), the Groupss hall take
account of the representation within the Committee of the MemberStates, the various components of economic and social activity, termsof reference and the criteria of good management.
12. Members may, on a voluntary basis, join one of the Groups
subject to the approval of their eligibility by the members of that
Group. No member shall belong to more than one Group at the same
time.
13. The general secretariat shall provide members not belonging to a
Group with the material and technical support required for the perfor-mance of their duties. Their participation in study groups and otherinternal bodies shall be the subject of a decision by the Committeepresident after consultation of the Groups.2002Q0769 — EN — 01.08.2002 — 000.002 — 9
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Article 28
1. Members of the Committee may, on a voluntary basis, form cate-
gories representing the various economic and social components of
organised civil society in the European Union.
2. A category may be made up of membersfrom the three Groups
within the Committee. No member shall belong to more than one cate-gory at the same time.
3. The creation of a category shall be subject to approval being
granted by the bureau, who shall inform the assembly.
TITLE II
PROCEDURE OFTHE COMMITTEE
CHAPTER I
CONSULTATION OFTHE COMMITTEE
Article 29
1. The Committee shall be convened by its president to produce
opinions requested by the Council, the Commission or the EuropeanParliament.
2. It shall be convened by its president, on a proposal from its
bureau and with the agreement of the majority of itsmembers , to
deliver, on itsown initiative, opinionson any ques tion pertaining to
the tasks assigned to the European Union.
Article 30
Requests for opinions referred to in Article 29(1) shall be addressed to
the president of the Committee. The president, in consultation with the
bureau, shall organise the work of the Committee, taking account as far
as possible of the time limits set in the request for an opinion.
Article 31
The Committee may, on a proposal from the bureau, decide to prepare
an information report with a view to examining any question pertainingto the policiesof the European Union.
CHAPTER II
ORGANISATION OFWORK
A.WORKOFTHESPECIALISEDSECTIONS
Article 32
1. When an opinion or information report isto be produced, the
bureau, in accordance with Article 8(4), shall designate the specialisedsection which is to be responsible for preparing the work in question.Where the matter for consideration is clearly within the purview of agiven specialised section, the president shall designate that section and
inform the bureau of his/her decision.
2. Where a specialised section that has been designated to prepare
an opinion wishes to hear the views of the Consultative Commissionon Industrial Change (CCIC) or where the CCIC wishes to set out itsviews on an opinion allocated to a specialised section, the bureau may
authorise the CCIC to draw up a supplementary opinion on one or
more of the issues covered by the referral. The bureau may also takethis decision on its own initiative. The bureau shall organise theCommittee'swork in s uch a way that the CCIC isable to prepare itsopinion in good time to be taken into consideration by the specialisedsection.2002Q0769 — EN — 01.08.2002 — 000.002 — 10
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The specialised section alone shall be responsible for reporting to the
Committee. It shall however append to its opinion the supplementaryopinion drawn up by the Consultative Commission on Industrial
Change.
3. The president of the specialised section concerned shall be noti-
fied by the Committee president of the decision and of the time limit
for the completion of the section's work.
4. The Committee president shall inform the members of the
Committee of the referral to the section and of the date on which the
subject is to be dealt with by the plenary session.
Article 33
Specialised sections shall not discuss matters jointly.
Article 34
The Committee president, in agreement with the bureau, may authorise
a specialised section to hold a joint meeting with a European Parlia-ment committee, or a Committee of the Regions commission or withanother specialised section of the Committee.
Article 35
Specialised sections to which a question has been referred in accor-
dance with these Rules shall be convened by their president.
Article 36
1. Meetings of the specialised sections shall be prepared by the
specialised section presidents in consultation with the section bureau.
2. Meetings shall be chaired by the specialised section president or,
in his/her absence, by one of the vice-presidents.
Article 37
1. A quorum shall exist at specialised section meetings if over half
of the full members are present or represented.
2. If there is not a quorum, the president shall close the meeting and
arrange for a further meeting to be held at a time which he/she
considers appropriate, but during the course of the same day; at that
further meeting a quorum shall exist irrespective of the number ofmembers present or represented.
Article 38
The specialised sections shall draw up opinions with reference to the
draft opinion submitted by the rapporteur and, where appropriate, theco-rapporteur.
Article 39
1. Specialised section opinions shall contain only texts adopted by
the specialised section in accordance with the procedure laid down in
Article 56.
2. The text of proposed amendments which have been rejected,
together with the result of the voting thereon, shall be appended to the
opinion if the amendmentsreceived at leas t one quarter of the votes
cast.
Article 40
Specialised section opinions, together with all the documents appended
thereto in accordance with Article 39, shall be sent by the president ofthe specialised section to the president of the Committee and shall belaid before the Committee by its bureau as soon as possible. These2002Q0769 — EN — 01.08.2002 — 000.002 — 11
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documents shall be sent to the members of the Committee in good
time.
Article 41
Concise minutes of each specialised section meeting shall be drawn up
and submitted to the specialised section for approval.
Article 42
The president, in agreement with the bureau or where appropriate the
assembly, may refer a question back to a specialised section if he/she
considers that the procedure laid down in these Rules for drawing up
opinions has not been adhered to or that further study is necessary.
Article 43
1. Without prejudice to Article 17(2), the preparatory work of the
specialised sections shall be carried out, in principle, within a studygroup.
2. The rapporteur, assisted where appropriate by one or more co-
rapporteurs and an expert, shall study the question referred, collect the
views expressed and, on this basis, compile the draft opinion, which
shall be sent to the president of the specialised section.
3. There shall be no voting at study group meetings.
B.PROCEEDINGSOFTHEPLENARYSESSIONS
Article 44
The assembly, comprising all the members of the Committee, shall
meet in plenary session.
Article 45
1. Sessions shall be prepared by the president in consultation with
the bureau. The bureau shall meet before each session, and where
appropriate during a session, to organise the proceedings.
2. The bureau may set a time limit for the general discussion of each
opinion at the session.
Article 46
1. The draft agenda drawn up by the bureau on a proposal from the
Committee presidency in collaboration with the Group presidents shallbe sent by the Committee president to all Committee members and tothe Council, the Commission and the European Parliament at least
15 days before the opening of the relevant session.
2. The draft agenda shall be submitted to the assembly for approval
at the opening of each session. Once the agenda has been adopted, the
items must be examined during the sitting for which they are sched-uled. The documents necessary for the Committee's deliberations shallbe sent to the members in accordance with Article 40.
Article 47
1. A quorum shall exist at session sittings if more than half of the
members of the Committee are present or represented.
2. If there is not a quorum, the president shall close the sitting and
arrange for a further sitting to be held at a time he/she considers appro-
priate but during the same session; at that further sitting there shall be aquorum whatever the number of members present or represented.
Article 48
When the agenda is submitted for adoption, the inclusion of any topical
item shall be announced, where appropriate, by the president.2002Q0769 — EN — 01.08.2002 — 000.002 — 12
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Article 49
The draft agenda may be amended by the Committee for the purpose of
examining draft resolutions submitted by one or more Groups in accor-dance with the procedure in force.
Article 50
1. The president shall open session sittings, preside over discussions
and ensure that these Rules are observed. The president shall beassisted by the vice-presidents.
2. If the president is absent, the vice-presidents shall deputise. If the
vice-presidents are absent, the oldest member of the bureau shall depu-tise.
3. The Committee shall base its deliberations on the work of the
specialised section competent to report to the assembly on the ques-tionsconcerned.
4. Where a text has been adopted by a specialised section with no
votes against, the bureau may propose to the assembly that the text bevoted on without a discussion. This procedure shall be applied unless amember objects.
5. If a text fails to secure a majority of votes in the assembly, the
president of the Committee may, with the consent of the assembly,refer the opinion back to the competent specialised section for re-exam-
ination or appoint a rapporteur-general, who shall submit a new draft
opinion at the same or another session.
Article 51
1. Proposals for amendments must be drawn up in writing, signed by
the proposers and lodged with the secretariat before the opening of therelevant session.
2. In the interests of efficient organisation of the proceedings of the
assembly, the bureau shall fix the arrangements for the lodging of
proposals for amendments.
3. The Committee shall, however, allow proposals for amendments
to be lodged up to the opening of the relevant session sitting, provided
such proposals are signed by at least 10 members.
4. Proposals for amendments must specify the part of the text to
which they refer and be supported by a brief explanatory statement.
5. As a general rule, for each amendment the assembly shall hear
only the proposer, a member who is against the proposed amendment
and the rapporteur.
6. When a proposal for an amendment is examined, the rapporteur
may put forward compromise proposals orally with the agreement of
the proposer of the amendment. The Committee shall then vote onthese compromise proposals.
7. In the case of a counter-opinion, the purpose of which is to set
out a generally divergent view to the specialised section opinion, it isfor the bureau to decide, in consultation with the specialised sectionpresident and the rapporteur, whether this amendment can be submittedas it stands to the Committee, or whether the matter should be referred
back to the specialised section for further study.
8. Where appropriate, the president of the Committee, in consulta-
tion with the president and the rapporteur of the competent specialised
section, may propose to the Committee that any amendments be dealt
with in such a way as to ensure that the final text is consistent.
Article 52
1. The president, either on his/her own initiative or at the request of
a member, may invite the Committee to decide on a limitation ofspeaking time, the adjournment of a sitting or the closure of a discus-2002Q0769 — EN — 01.08.2002 — 000.002 — 13
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sion. Once a discussion has been declared closed, no member may
speak except to explain his/her vote; such explanations of voting shallbe made after the relevant vote hasbeen taken and s hall not exceed the
speaking time allotted by the president.
2. A member may at any time request and be given precedence to
speak during a discussion for the purpose of submitting a proceduralmotion .
Article 53
1. Minutes of each plenary session shall be drawn up and submitted
to the Committee for itsapproval.
2. The final version of such minutes shall be signed by the president
and the secretary-general of the Committee.
Article 54
1. Opinions of the Committee shall consist of, in addition to the
legal basis of the opinion, an explanatory statement and the views ofthe Committee on the question as a whole.
2. The result of the voting on the opinion as a whole shall be set out
in a preamble to the text of the opinion. Where a recorded vote isheld,the namesof the voterss hall be given.
3. If proposed amendments are rejected by the plenary session but
receive at least one quarter of the votes cast, their texts and explanatory
statements shall be appended to the relevant Committee opinions,together with the results of the voting. This requirement shall alsoapply to counter-opinions.
4. Specialised section opinion texts that are rejected in favour of
amendments adopted by the assembly shall also be appended toCommittee opinionstogether with the res ultsof the voting, provided
that at least one quarter of the votes cast were in favour of retention
of the specialised section opinion texts.
5. When one of the groupsformed within the Committee under
Article 27 or one of the categoriesof economic and s ocial activityformed under Article 28 adoptsa divergent but uniform s tandpoint ona matter submitted to the assembly for examination, its position may besummarised in a brief statement to be appended to the opinion, where
the debate on that matter hasbeen concluded by a recorded vote.
Article 55
1. Opinionsadopted by the Committee and minutesof Committee
sessions shall be sent to the European Parliament, the Council and the
Commission.
2. The follow-up to opinionss hall be monitored by the rapporteur
with the assistance of the general secretariat.
TITLE III
GENERAL PROVISIONS
CHAPTER I
METHODS OFVOTING
Article 56
1. The valid formsof votess hall be votesfor, votesagains t and
abstentions.
2. Except where otherwise provided in these Rules, adoption of the
texts and decisions of the Committee and its constituent bodies shall beby a majority of the votes cast for and against.
3. Voting shall be by open ballot, by recorded vote, or by secret
ballot.2002Q0769 — EN — 01.08.2002 — 000.002 — 14
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4. Voting on a proposed amendment shall be by recorded vote if one
quarter of the members of the Committee so request. The final vote onopinions shall also be a recorded vote if 10 or more members so wish.
5. Voting shall be by secret ballot where a majority of the members
of the Committee so request.
6. If the public or recorded vote by the plenary session or specia-
lised section is a tie (an equal number of votes for and against), thechairman of the meeting shall have a casting vote.
7. The acceptance by the rapporteur of an amendment shall not
constitute a reason for not voting on that amendment.
CHAPTER II
URGENCY PROCEDURE AND WRITTEN PROCEDURE
Article 57
1. Where the urgency results from a deadline for the submission of
itsopinion impos ed on the Committee by the Council, by the EuropeanParliament or by the Commission, the urgency procedure may be
applied if the president finds that this is necessary to enable the
Committee to adopt itsopinion in good time.
2. In cases of urgency at Committee level the president may, imme-
diately and without consulting the bureau beforehand, take all requisite
steps to enable the Committee to carry out its work. He/She shall
inform the members of the bureau of the steps which he/she takes.
3. Arrangementsmade by the pres ident under the urgency procedure
shall be submitted to the following session of the Committee for confir-
mation.
Article 58
Certain opinionsof the Committee which are the s ubject of a manda-
tory referral by the Council or the Commission but only require aformal opinion from the Committee may be adopted by a writtenprocedure by decision of the bureau on a proposal from the specialisedsection concerned.
Article 59
1. Where the urgency results from the deadlines imposed on a
specialised section, the president of that section may, with the agree-ment of the president of the Committee and in consultation with the
specialised section bureau, organise the work of the section otherwise
than as provided in these Rules.
2. Arrangements made by the president of a specialised section
under the urgency procedure shall be submitted to the following
meeting of that section for confirmation.
CHAPTER III
ABSENCE AND REPRESENTATION
Article 60
1. Any member of the Committee who isunable to attend a meeting
to which he/she has been duly invited must give the presidentconcerned advance notice of his/her absence.
2. Where a member of the Committee failsto attend more than three
consecutive plenary sessions of the Committee without appointing amember to represent him/her and without a reason recognised as valid,the president may, after consulting the bureau and inviting the member
concerned to explain his/her absence, call upon the Council to remove
that member from office.
3. Where a member of a specialised section fails to attend more than
three consecutive meetings of the section without appointing a member2002Q0769 — EN — 01.08.2002 — 000.002 — 15
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to represent him/her and without a reason recognised as valid, the
president of that specialised section may, after inviting the memberconcerned to explain his/her absence, call upon him/her to yield his
seat on the specialised section to another member.
Article 61
1. Any member of the Committee who isunable to attend a
Committee session or a specialised section meeting may, after notifyingthe president concerned, delegate his/her voting right, in writing, toanother member of the Committee or specialised section.
2. No member may hold more than one delegated voting right at a
plenary session or specialised section meeting.
Article 62
1. Any member of a specialised section, study group or delegation
who isunable to attend a meeting to which he/s he hasbeen dulyinvited may, after giving written notice to the president concerneddirectly or through his/her Group secretariat, arrange for anothermember of the Committee to represent him/her at the relevant meeting.
2. Such proxies shall be valid solely for the meeting in respect of
which they are issued.
3. At the time of the constitution of a study group, any member
designated as a member of that study group may ask to be replacedby another member of the Committee. Such replacement shall applyfor a specific question and for the duration of the work of the specia-lised section on that question. It may not be revoked.
CHAPTER IV
PUBLICATION AND DISTRIBUTION OFCOMMITTEE TEXTS —
ADMISSION OFTHE PUBLIC
Article 63
1. The Committee shall publish its opinions in the Official Journal
of the European Communities in accordance with the procedure laid
down by the Council and the Commission after consultation of theCommittee bureau.
2. The namesof the membersof the Committee, itsbureau and its
specialised sections, and all changes in the membership thereof, shallbe published in the Official Journal of the European Communities and
on the Committee'swebs ite.
Article 64
1. The Committee shall ensure the transparency of its decisions, in
accordance with Article 1 of the EU Treaty.
2. The secretary-general shall be responsible for taking the measures
necessary to guarantee the public's right of access to the correspondingdocuments.
3. Any citizen of the European Union may write to the Committee
in one of the official languagesand receive a reply written in the s ame
language (in accordance with Article 21(3) of the EC Treaty).
Article 65
1. Plenary sessions of the Committee and meetings of the specia-
lised sections shall be public.
2. Certain debatesthat do not concern cons ultative work may be
declared confidential by the Committee, acting on a request from aconcerned institution or body or on a proposal from the bureau.
3. Other meetingss hall not be public.2002Q0769 — EN — 01.08.2002 — 000.002 — 16
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Article 66
1. Members of the European institutions may attend and address
meetings of the Committee and its constituent bodies.
2. Membersof other bodiesand duly authoris ed officialsof the
institutions and these other bodies may be invited to attend, address or
answer questions at meetings, under the direction of the president ofthe meeting.
CHAPTER V
TITLES, PRIVILEGES, IMMUNITIES AND STATUTE OFMEMBERS,
QUAESTORS
Article 67
1. Membersof the Committee s hall have the title ‘member of the
European Economic and Social Committee’.
2. The provisions of Article 11, Chapter IV of the Protocol on the
privilegesand immunitiesof the European Communitiesof 8 April
1965, annexed to the Treaty, shall apply to the members of the
European Economic and Social Committee.
Article 68
1. The members' statute shall contain the rights and duties of
Committee members , aswell asthe rulesgoverning their activity andtheir relations with the institution and its services.
2. It shall also determine the measures that may be taken in the
event of violationsof the Rulesof Procedure or of the s tatute.
Article 69
On a proposal from the bureau, the assembly shall elect, for each two-
year period, three members, who have no other permanent responsibil-ities within the Committee structure, to form the quaestors' group with
the following functions:
(a) to monitor and ensure the proper implementation of the members'
statute;
(b) to draw up appropriate proposals for perfecting and improving the
members' statute;
(c) to endeavour, by taking appropriate steps, to resolve any cases of
doubt or dispute arising from application of the members' statute;
(d) to be responsible for relations between the members of the
Committee and the general secretariat as regards application of themembers' statute.
CHAPTER VI
TERMINATION OFMEMBERS' TENURE OFOF F ICE, INCOMPAT-
IBILITIES
Article 70
1. Membership of the Committee shall expire at the end of the four-
year term laid down by the Council at the time of the Committee'srenewal.
2. Individual membership shall cease on resignation, on removal
from office, through death, in the case of force majeure or in the event
of an incompatibility of functionsaris ing.
3. The functionsof a member of the Committee s hall be incompa-
tible with those of a member of a government, a parliament, aCommunity institution, the Committee of the Regions or the board ofdirectors of the European Investment Bank, and with the post of offi-cial or other servant of the Communities in active employment.2002Q0769 — EN — 01.08.2002 — 000.002 — 17
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4. Resignations shall be in writing and shall be addressed to the
president of the Committee.
5. The circumstances in which members may be removed from
office are laid down in Articlen 60(2). In such cases the Council shallinitiate the replacement procedure, if it decidesto terminate member-ship.
6. In the case of resignation, death, force majeure or incompatibility
of functions, the president of the Committee shall notify the Council,
which shall verify the vacancy and initiate the replacement procedure.In the case of resignation, however, the resigning member shall remainin office until the date on which the appointment of his/her replace-ment takes effect, unless the resigning member indicates otherwise.
7. In all the cases referred to in the second paragraph of this Rule,
the replacement shall be appointed for the remainder of the currentterm of office.
CHAPTER VII
ADMINISTRATION OFTHE COMMITTEE
Article 71
1. The Committee shall be assisted by a secretariat headed by a
secretary-general, who shall discharge his/her duties under the directionof the president, representing the bureau.
2. The secretary-general shall attend the meetings of the bureau in
an advisory capacity and shall keep the minutes of those meetings.
3. He/She shall give a solemn undertaking, before the bureau, to
discharge his/her duties conscientiously and with complete impartiality.
4. The secretary-general shall be responsible for giving effect to
decisions taken by the assembly, the bureau and the president pursuant
to the Rules of Procedure; he/she shall report in writing every three
monthsto the pres ident on the criteria and arrangementswhich havebeen adopted or are envisaged for handling administrative or organisa-tional problems and staff matters.
5. The secretary-general may delegate his/her powers within the
limitsdecided by the pres ident.
6. The bureau, acting on a proposal from the secretary-general, shall
draw up the establishment plan for the general secretariat in such a waythat it can ensure the efficient functioning of the Committee and itsconstituent bodies and help the members in the performance of their
duties, in particular in the organisation of meetings and the preparation
of opinions.
Article 72
1. The powerswhich the Staff Regulationsof officialsof the
European Communitiesconfer on the appointing authority s hall be
exercised as follows:
— with respect to the secretary-general, by the bureau,
— with respect to officials in grades 1, 2 and 3 of category A and
grade 3 of the language service, by the bureau, acting on a proposal
from the secretary-general, as regards application of Articles 13, 29,30, 31, 32, 40, 41, 49, 50, 51, 78 and 90(1) of the Staff Regula-tions; by the president, acting on a proposal from the secretary-general, asregardsapplication of the other provis ionsof the Staff
Regulations, including Article 90(2),
— with respect to officials in grades 4 and 5 of category A and of the
language service, by the president, acting on a proposal from thesecretary-general,
— with respect to officials in grades 6 to 8 of category A and of the
language service and with respect to officials in categories B, C andD, by the secretary-general.2002Q0769 — EN — 01.08.2002 — 000.002 — 18
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2. The powerswhich the Conditionsof employment of other
servants of the European Communities confer on the authority compe-tent to conclude contracts of service shall be exercised as follows:
— with respect to temporary staff in grades 6 to 8 of category A and
of the language service and with respect to temporary staff incategories B, C and D, by the secretary-general; with respect to
temporary staff in grades 4 and 5 of category A and of the language
service, by the president, acting on a proposal from the secretary-general; with respect to other temporary staff, by the bureau, actingon a proposal from the secretary-general,
— with respect to special advisers, by the president, in accordance
with Article 82 of the Conditions of employment of other servants,
— with respect to auxiliary staff in category A, Group I, by the presi-
dent, acting on a proposal from the secretary-general; with respect
to all other auxiliary staff, by the secretary-general,
— with respect to local staff, by the secretary-general.
3. The president shall exercise the powers conferred on the institu-
tion by Article 110 of the Staff Regulationswith a view toimplementing the general provisions for giving effect to the StaffRegulationsand the rulesadopted by agreement between the ins titu-
tions.
4. The bureau may delegate to the president the powers vested in it
by thisArticle.
5. The secretary-general may delegate the powers vested in him/her
by thisArticle.
Article 73
1. The president shall have a private secretariat.
2. The staff of the secretariat shall be engaged under the budget as
temporary staff, the powers of the authority competent to concludecontracts of service being exercised by the president.
Article 74
1. Before 1 June of each year the secretary-general shall submit to
the bureau the draft estimates of the expenditure and revenue of the
Committee for the next financial year. The bureau shall draw up theestimates of the expenditure and revenue of the Committee. It shallforward these estimates in accordance with the procedure and withinthe time limitslaid down in the Financial Regulation of the EuropeanCommunities.
2. The president of the Committee, acting in accordance with the
Financial Regulation, shall implement or cause to be implemented thestatement of expenditure and revenue.
Article 75
Correspondence to the Committee shall be addressed to the president or
the secretary-general.
CHAPTER VIII
GENERAL PROVISIONS
Article 76
The terms used in these Rules of Procedure for the various offices are
not gender-specific.
Article 77
1. The Committee may decide by an absolute majority of its
members that these Rules should be revised.
2. If such a decision is taken, the Committee shall set up a panel,
which shall be known as the Rules of Procedure Panel. The Committee2002Q0769 — EN — 01.08.2002 — 000.002 — 19
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shall appoint a rapporteur-general to produce a draft text of the new
Rules.
3. The date on which the new Rulesof Procedure s hall enter into
force shall be decided at the time of their adoption by the Committee.
Article 78
These Rules of Procedure shall enter into force on the first day of the
month following their adoption by an absolute majority of Committee
members.2002Q0769 — EN — 01.08.2002 — 000.002 — 20