Rules of Procedure

15th edition

February 2003

Note for the reader:

Any reference in these Rules of Procedure to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise.

Interpretations of the Rules (pursuant to Rule 180) are in italic script.

CONTENTS

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CHAPTER I

MEMBERS OF THE EUROPEAN PARLIAMENT

Rule 1

The European Parliament

1. The European Parliament is the assembly elected pursuant to the Treaties, the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage and national legislation deriving from the Treaties.

2. Persons elected to the European Parliament shall be referred to as:

"Medlemmer af Europa-Parlamentet" in Danish,

"Mitglieder des Europäischen Parlaments" in German,

"Βουλευτές του Ευρωπαϊκού Κοινοβουλίου" in Greek,

"Members of the European Parliament" in English,

"Diputados al Parlamento Europeo" in Spanish,

"Euroopan parlamentin jäsenet" in Finnish,

"Députés au Parlement européen" in French,

"Deputati al Parlamento europeo" in Italian,

"Leden van het Europees Parlement" in Dutch,

"Deputados ao Parlamento europeu" in Portuguese,

"Ledamöter av Europaparlamentet" in Swedish.

Rule 2

The independent mandate

Members of the European Parliament shall exercise their mandate independently. They shall not be bound by any instructions and shall not receive a binding mandate.

Rule 3

Privileges and immunities

1. Members shall enjoy privileges and immunities in accordance with the Protocol on the Privileges and Immunities of the European Communities, annexed to the Treaty of 8 April 1965 establishing a Single Council and a Single Commission of the European Communities.

2. Passes to allow Members to circulate freely in the Member States shall be issued to them by the President of Parliament as soon as he has been notified of their election.

3. Members shall be entitled to inspect any files held by Parliament or a committee, other than personal files and accounts which only the Members concerned shall be allowed to inspect. Exceptions to this rule for the handling of documents to which public access may be refused pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents shall be laid down in Annex VII to these Rules of Procedure.

Rule 4

Attendance of Members at sittings

1. An attendance register shall be laid open for signature by Members at each sitting.

2. The names of Members present, as shown in the attendance register, shall be recorded in the minutes of each sitting.

Rule 5

Payment of expenses and allowances

The Bureau shall lay down rules governing the payment of expenses and allowances to Members.

Rule 6

Parliamentary immunity

1. In the exercise of its powers in respect of privileges and immunities, Parliament shall seek primarily to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in performance of their duties.

2. Any request addressed to the President by a competent authority of a Member State that the immunity of a Member be waived shall be announced in Parliament and referred to the committee responsible.

3. Any request addressed to the President by a Member or a former Member to defend privileges and immunities shall be announced in Parliament and referred to the committee responsible.

4. As a matter of urgency, in circumstances where a Member is arrested or has his freedom of movement curtailed in apparent breach of his privileges and immunities, the President, after having consulted the chairman and rapporteur of the committee responsible, may take an initiative to assert the privileges and immunities of the Member concerned. The President shall communicate his initiative to the committee and inform Parliament.

Rule 6a

Procedures on immunity

1. The committee responsible shall consider without delay and in the order in which they have been submitted requests for the waiver of immunity or requests for the defence of immunity and privileges.

2. The committee shall make a proposal for a decision which simply recommends the adoption or rejection of the request for the waiver of immunity or for the defence of immunity and privileges.

3. The committee may ask the authority concerned to provide any information or explanation which the committee deems necessary for it to form an opinion on whether immunity should be waived or defended. The Member concerned shall be given an opportunity to be heard; he may bring any documents or other written evidence he deems relevant. He may be represented by another Member.

4. Where the request seeks the waiver of immunity on several counts, each of these may be the subject of a separate decision. The committee's report may, exceptionally, propose that the waiver of immunity shall apply solely to prosecution proceedings and that, until a final sentence is passed, the Member should be immune from any form of detention or remand or any other measure which prevents him from performing the duties proper to his mandate.

5. Where a Member is required to appear as a witness or expert witness, there is no need to request a waiver of immunity, provided that

- the Member will not be obliged to appear on a date or at a time which prevents him from performing, or makes it difficult for him to perform, his parliamentary duties, or that he will be able to provide a statement in writing or in any other form which does not make it difficult for him to fulfil his parliamentary obligations;

- the Member is not obliged to testify concerning information obtained confidentially in the exercise of his mandate which he does not see fit to disclose.

6. In cases concerning the defence of immunity or privileges, the committee shall state whether the circumstances constitute an administrative or other restriction imposed on the free movement of Members travelling to or from the place of meeting of Parliament or an opinion expressed or a vote cast in the performance of the mandate or fall within aspects of Article 10 of the Protocol on Privileges and Immunities which are not a matter of national law, and shall make a proposal to invite the authority concerned to draw the necessary conclusions.

7. The committee may offer a reasoned opinion about the competence of the authority in question and about the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt or otherwise of the Member nor on whether or not the opinions or acts attributed to him or her justify prosecution, even if, in considering the request, it acquires detailed knowledge of the facts of the case.

8. The report of the committee shall be placed at the head of the agenda of the first sitting following the day on which it was tabled. No amendment may be tabled to the proposal(s) for a decision.

Discussion shall be confined to the reasons for and against each proposal to waive or uphold immunity, or to defend immunity or a privilege.

Without prejudice to Rule 122, the Member whose privileges or immunities are the subject of the case shall not speak in the debate.

The proposal(s) for a decision contained in the report shall be put to the vote at the first voting time following the debate.

After Parliament has considered the matter, an individual vote shall be taken on each of the proposals contained in the report. If any of the proposals are rejected, the contrary decision shall be deemed adopted.

9. The President shall immediately communicate Parliament's decision to the Member concerned and to the competent authority of the Member State concerned, with a request that the President should be informed of any developments in the relevant proceedings and of any judicial rulings made as a consequence. When the President receives this information, he shall transmit it to Parliament in the way he considers most appropriate, if necessary after consulting the committee responsible.

10. When the President makes use of the powers conferred on him by Rule 6(4), the committee responsible shall take cognisance of the President's initiative at its next meeting. Where the committee deems it necessary it may prepare a report for submission to Parliament.

11. The committee shall treat these matters and handle any documents received with the utmost confidentiality.

12. The committee, after consulting the Member States, may draw up an indicative list of the authorities of the Member States which are competent to present a request for the waiver of a Member's immunity.

13. Any inquiry as to the scope of Members' privileges or immunities made by a competent authority shall be dealt with according to the above rules.

Rule 7

Verification of credentials

1. On the basis of a report by the committee responsible, Parliament shall verify the credentials without delay and rule on the validity of the mandate of each of its newly elected Members and also on any dispute referred to it pursuant to the provisions of the Act of 20 September 1976, except those based on national electoral laws.

2. The committee's report shall be based on the official notification by each Member State of the full results of the election specifying the names of the candidates elected and those of any substitutes together with their ranking in accordance with the results of the vote.

It shall not be possible to confirm the validity of the mandate of a Member unless the written declarations required on the basis of Article 6 of the Act of 20 September 1976 and Annex I to these Rules have been made.

On the basis of a report by the committee, Parliament may at any time rule on any dispute as to the validity of the mandate of any of its Members.

3. Where the appointment of a Member is due to the withdrawal of candidates from the same list, the committee responsible for the verification of credentials shall ensure that such withdrawals have taken place in accordance with the spirit and the letter of the Act of 20 September 1976 and Rule 8(3).

4. The committee shall ensure that any information which may affect the performance of the duties of a Member of the European Parliament or the ranking of the substitutes is forwarded without delay to Parliament by the authorities of the Member States or of the Union, with an indication of the date of effect where an appointment is concerned.

Should the competent authorities of the Member States initiate a procedure which might lead to the disqualification of a Member from holding office, the President shall ask them to keep him regularly informed of the stage reached in the procedure. He shall refer the matter to the committee responsible. On a proposal from that committee, Parliament may adopt a position on the matter.

5. Until such time as a Member's credentials have been verified or a ruling has been given on any dispute, the Member shall take his seat in Parliament and on its bodies and shall enjoy all the rights attaching thereto.

6. At the start of each parliamentary term, the President shall invite the competent authorities of the Member States to provide Parliament with any information relevant to the application of this Rule.

Rule 8

Term of office of Members

1. A Member's term of office shall begin and end as laid down in the Act of 20 September 1976. It shall also end on death or resignation.

2. Every Member shall remain in office until the opening of the first sitting of Parliament following the elections.

3. A Member who resigns shall notify the President of his resignation and of the date on which that resignation shall take effect, which shall be not more than three months after notification. This notification shall take the form of an official record drawn up in the presence of the Secretary-General or his representative, signed by the latter and by the Member concerned and immediately submitted to the committee responsible, which shall enter it on the agenda of its first meeting following receipt of the document.

If the committee responsible considers that the resignation is not in accordance with the spirit or the letter of the Act of 20 September 1976 it shall inform Parliament to this effect so that Parliament can decide whether or not to establish the vacancy.

Otherwise, the vacancy shall be established with effect from the date indicated by the resigning Member in the official record. There shall be no vote in Parliament on the subject.

A simplified procedure has been introduced for certain exceptional circumstances, in particular where one or more part-sessions are held between the effective date of the resignation and the first meeting of the committee responsible and where, as the vacancy has not been established, the political group to which the resigning Member belongs is not able to obtain a replacement Member during those part-sessions. Under this procedure, the rapporteur of the committee responsible entrusted with these cases has the power to examine immediately any resignation duly notified and, where any delay in considering the notification would be prejudicial, to refer the matter to the committee chairman asking him, pursuant to paragraph 3:

- either to inform the President on behalf of the committee that the vacancy may be established;

- or to convene an extraordinary meeting of the committee to examine any specific difficulties noted by the rapporteur.

4. Incompatibilities resulting from national legislation shall be notified to Parliament, which shall take note thereof.

Where the competent authorities of the Member States or of the Union or the Member concerned notify the President of an appointment to an office incompatible with the office of Member of the European Parliament, the President shall inform Parliament, which shall establish that there is a vacancy.

5. The authorities of the Member States or of the Union shall inform the President of any assignment they intend to confer on a Member. The President shall refer to the committee responsible the question of the compatibility of the proposed assignment with the letter and the spirit of the Act of 20 September 1976. He shall inform Parliament, the Member and the authorities concerned of the conclusions reached by that committee.

6. The following shall be considered as the date of the end of the term of office and the effective date of a vacancy:

- in the event of resignation: the date on which the vacancy is established by Parliament, in accordance with the notification of resignation;

- in the event of appointment to an office incompatible with the office of a Member of the European Parliament, either in respect of national electoral law, or in respect of Article 6 of the Act of 20 September 1976: the date notified by the competent authorities of the Member States or of the Union or by the Member concerned.

7. When Parliament has established that a vacancy exists, it shall inform the Member State concerned thereof.

8. Any dispute concerning the validity of the appointment of a Member whose credentials have already been verified shall be referred to the committee responsible, which shall report to Parliament without delay and no later than the beginning of the next part-session.

9. Parliament shall reserve the right, where acceptance or termination of office appears to be based on material inaccuracy or vitiated consent, to declare the appointment under consideration to be invalid or refuse to establish the vacancy.

Rule 9

Code of conduct

1. Parliament may lay down a code of conduct for its Members. The code shall be adopted pursuant to Rule 181(2) and attached to these Rules of Procedure as an annex(1).

The code shall not in any way prejudice or restrict a Member in the exercise of his office or of any political or other activity relating thereto.

2. 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 with a view to supplying information to Members within the framework of their parliamentary mandate in their own interests or those of third parties.

In return, these persons shall be required to:

- respect the code of conduct published as an annex to the Rules of Procedure(2);

- 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.

The provisions governing the application of this paragraph shall be laid down in an annex to the Rules of Procedure(3).

3. The code of conduct and the rights and privileges of former Members shall be laid down by a decision of the Bureau. No distinction shall be made in the treatment of former Members.

Rule 9a

Internal investigations conducted by the European Anti-Fraud Office (OLAF)

The common rules laid down in the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF) comprising the measures needed to facilitate the smooth running of investigations conducted by the Office shall be applicable within Parliament, pursuant to the Parliament Decision annexed to these Rules of Procedure(4).

CHAPTER II

SESSIONS OF PARLIAMENT

Rule 10

Convening of Parliament

1. The parliamentary term shall run concurrently with the term of office of Members provided for in the Act of 20 September 1976.

The session shall be the annual period prescribed by the Act and the Treaties.

The part-session shall be the meeting of Parliament convened as a rule each month and subdivided into daily sittings.

Sittings of Parliament held on the same day shall be deemed to be a single sitting.

2. Parliament shall meet, without requiring to be convened, on the second Tuesday in March each year and shall itself determine the duration of adjournments of the session.

3. Parliament shall, moreover, meet without requiring to be convened on the first Tuesday after expiry of an interval of one month from the end of the period referred to in Article 9(1) of the Act of 20 September 1976.

4. The Conference of Presidents, stating its reasons, may alter the duration of adjournments decided pursuant to paragraph 2 at least two weeks before the date previously fixed by Parliament for resuming the session; the date of resumption shall not, however, be postponed for more than two weeks.

5. Exceptionally, after consulting the Conference of Presidents, the President shall convene Parliament at the request of a majority of its component Members or at the request of the Commission or the Council.

Exceptionally, with the approval of the Conference of Presidents, the President may convene Parliament in cases of urgency.

Rule 11

Venue of sittings and meetings

1. Parliament shall hold its sittings and its committee meetings in accordance with the provisions of the Treaties.

Proposals for additional part-sessions in Brussels and any amendments thereto will require only a majority of the votes cast.

2. Any committee may decide to ask that one or more meetings be held elsewhere. Its request, with the reasons therefor, shall be made to the President, who shall place it before the Bureau. If the matter is urgent, the President may take the decision himself. Should the request be rejected by the Bureau or the President the reasons for the rejection shall be stated.

CHAPTER III

OFFICERS OF PARLIAMENT

Rule 12

Oldest Member

1. At the sitting provided for under Rule 10(3), and at any other sitting held for the purpose of electing the President and the Bureau, the oldest Member present shall take the Chair until the President has been elected.

2. No business shall be transacted while the oldest Member is in the Chair unless it is concerned with the election of the President or the verification of credentials.

If a question relating to the verification of credentials is raised when the oldest Member is in the Chair, he shall refer the matter to the committee responsible for the verification of credentials.

Rule 13

Nominations and general provisions

1. The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with the provisions of Rule 136. Nominations shall be with consent. They may only be made by a political group or by at least thirty-two Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation.

2. In the election of the President, Vice-Presidents and Quaestors, account should be taken of the need to ensure an overall fair representation of Member States and political views.

Rule 14

Election of President - opening address

1. The President shall be elected first. Nominations shall be handed before each ballot to the oldest Member, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the elder candidate shall be declared elected.

2. As soon as the President has been elected, the oldest Member shall vacate the Chair. Only the elected President may deliver an opening address.

Rule 15

Election of Vice-Presidents

1. The Vice-Presidents shall then be elected on a single ballot paper. Those who on the first ballot, up to the number of fourteen, obtain an absolute majority of the votes cast shall be declared elected in the numerical order of their votes. Should the number of candidates elected be less than the number of seats to be filled, a second ballot shall be held under the same conditions to fill the remaining seats. Should a third ballot be necessary, a relative majority shall suffice for election to the remaining seats. In the event of a tie the eldest candidates shall be declared elected.

Although this Rule, unlike Rule 14(1), does not expressly provide for new nominations to be introduced between ballots during the election of Vice-Presidents, such action is permissible because Parliament, being a sovereign body, must be able to consider all possible candidates, especially since the absence of such an option might impede the smooth running of the election.

2. Subject to the provisions of Rule 18(1), the Vice-Presidents shall take precedence in the order in which they were elected and, in the event of a tie, by age.

Where they are not elected by secret ballot, the order in which their names are read out to the House by the President shall determine the order of precedence.

Rule 16

Election of Quaestors

After the election of the Vice-Presidents, Parliament shall elect five Quaestors.

The Quaestors shall be elected by the same procedure as the Vice-Presidents.

Rule 17

Term of office of Officers

1. The term of office of the President, Vice-Presidents and Quaestors shall be two and a half years.

When a Member changes political groups he shall retain, for the remainder of his two and a half year term of office, any seat he holds in the Bureau or the College of Quaestors.

2. Should a vacancy for one of these positions occur before the expiry of this term, the Member elected shall serve only for the remaining period of his predecessor's term of office.

Rule 18

Vacancies

1. Should it be necessary for the President, a Vice-President or a Quaestor to be replaced, his successor shall be elected in accordance with the above rules.

A newly elected Vice-President shall take the place of his predecessor in the order of precedence.

2. Should the President's seat become vacant, the first Vice-President shall act as President until a new President is elected.

Rule 19

Duties of the President

1. The President shall direct all the activities of Parliament and its bodies under the conditions laid down in these Rules. He shall enjoy all the powers necessary to preside over the proceedings of Parliament and to ensure that they are properly conducted.

These powers include the power to put texts to the vote in an order other than that set out in the document to be voted on. By analogy with the provisions of Rule 130(7), the President may seek the agreement of Parliament before doing so.

2. The duties of the President shall be to open, suspend and close sittings; to rule on the admissibility of amendments, on questions to the Council and Commission, and on the conformity of reports with these Rules; to ensure observance of these Rules, maintain order, call upon speakers, close debates, put matters to the vote and announce the results of votes; and to refer to committees any communications that concern them.

3. The President may speak in a debate only to sum up or to call speakers to order. Should he wish to take part in a debate, he shall vacate the Chair and shall not reoccupy it until the debate is over.

4. Parliament shall be represented in international relations, on ceremonial occasions and in administrative, legal or financial matters by the President, who may delegate these powers.

Rule 20

Duties of the Vice-Presidents

1. Should the President be absent or unable to discharge his duties, or should he wish to take part in a debate pursuant to Rule 19(3), he shall be replaced by one of the Vice-Presidents pursuant to Rule 15(2).

2. The Vice-Presidents shall also carry out the duties conferred upon them under Rules 22, 24(3) and 82(3).

3. The President may delegate to the Vice-Presidents any duties such as representing Parliament at specific ceremonies or acts. In particular, the President may designate a Vice-President to take charge of the responsibilities conferred on the President in Rules 43(3) and 44(2).

CHAPTER IV

PARLIAMENT'S GOVERNING BODIES

Rule 21

Composition of the Bureau

1. The Bureau shall consist of the President and the fourteen Vice-Presidents of Parliament.

2. The Quaestors shall be members of the Bureau in an advisory capacity.

3. Should voting in the Bureau result in a tie, the President shall have a casting vote.

Rule 22

Duties of the Bureau

1. The Bureau shall carry out the duties assigned to it under the Rules of Procedure.

2. The Bureau shall take financial, organisational and administrative decisions on matters concerning Members and the internal organisation of Parliament, its Secretariat and its bodies.

3. The Bureau shall take decisions on matters relating to the conduct of sittings.

4. The Bureau shall adopt the provisions referred to in Rule 30 concerning Non-attached Members.

5. The Bureau shall decide the establishment plan of the Secretariat and lay down regulations relating to the administrative and financial situation of officials and other servants.

6. The Bureau shall draw up Parliament's preliminary draft estimates.

7. The Bureau shall adopt the guidelines for the Quaestors pursuant to Rule 25.

8. The Bureau shall be the authority responsible for authorising meetings of committees away from the usual places of work, hearings and study and fact-finding journeys by rapporteurs.

9. The Bureau shall appoint the Secretary-General pursuant to Rule 182.

10. The President and/or the Bureau may entrust one or more members of the Bureau with general or specific tasks lying within the competence of the President and/or the Bureau. At the same time the ways and means of carrying them out shall be laid down.

11. When a new Parliament is elected, the outgoing Bureau shall remain in office until the first sitting of the new Parliament.

Rule 23

Composition of the Conference of Presidents

1. The Conference of Presidents shall consist of the President of Parliament and the chairmen of the political groups. The chairman of a political group may arrange to be represented by a member of his group.

2. The Non-attached Members shall delegate two of their number to attend meetings of the Conference of Presidents, without having the right to vote.

3. The Conference of Presidents shall endeavour to reach a consensus on matters referred to it.

Where a consensus cannot be reached, the matter shall be put to a vote subject to a weighting based on the number of Members in each political group.

Rule 24

Duties of the Conference of Presidents

1. The Conference of Presidents shall carry out the duties assigned to it under the Rules of Procedure.

2. The Conference of Presidents shall take decisions on the organisation of Parliament's work and matters relating to legislative planning.

3. The Conference of Presidents shall be the authority responsible for matters relating to relations with the other institutions and bodies of the European Union and with the national parliaments of Member States. The Bureau shall name two Vice-Presidents who shall be entrusted with the implementation of the relations with national parliaments. They shall report back regularly to the Conference of Presidents on their activities in this regard.

4. The Conference of Presidents shall be the authority responsible for matters relating to relations with non-member countries and with non-Union institutions and organisations.

5. The Conference of Presidents shall draw up the draft agenda of Parliament's part-sessions.

6. The Conference of Presidents shall be the authority responsible for the composition and competence of committees, committees of inquiry and joint parliamentary committees, standing delegations and ad hoc delegations.

7. The Conference of Presidents shall decide how seats in the Chamber are to be allocated pursuant to Rule 31.

8. The Conference of Presidents shall be the authority responsible for authorising the drawing up of own-initiative reports.

9. The Conference of Presidents shall submit proposals to the Bureau concerning administrative and budgetary matters relating to the political groups.

Rule 25

Duties of the Quaestors

The Quaestors shall be responsible for administrative and financial matters directly concerning Members, pursuant to guidelines laid down by the Bureau.

Rule 26

Conference of Committee Chairmen

1. The Conference of Committee Chairmen shall consist of the chairmen of all standing or temporary committees and shall elect its chairman.

2. The Conference of Committee Chairmen may make recommendations to the Conference of Presidents about the work of committees and the drafting of the agenda of part-sessions.

3. The Bureau and the Conference of Presidents may instruct the Conference of Committee Chairmen to carry out specific tasks.

Rule 27

Conference of Delegation Chairmen

1. The Conference of Delegation Chairmen shall consist of the chairmen of all standing interparliamentary delegations and shall elect its chairman.

2. The Conference of Delegation Chairmen may make recommendations to the Conference of Presidents about the work of delegations.

3. The Bureau and the Conference of Presidents may instruct the Conference of Delegation Chairmen to carry out specific tasks.

Rule 28

Accountability of the Bureau, the Conference of Presidents and the Quaestors

1. The minutes of the Bureau and the Conference of Presidents shall be translated into the official languages, printed and distributed to all Members of Parliament and shall be accessible to the public, unless the Bureau or the Conference of Presidents exceptionally, for reasons of confidentiality, as laid down in Article 4(1) to (4) of European Parliament and Council Regulation (EC) No 1049/2001, decides otherwise with regard to certain items of the minutes.

2. Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing and published in the Bulletin of Parliament within thirty days of tabling, together with the answers given.

CHAPTER V

POLITICAL GROUPS

Rule 29

Formation of political groups

1. Members may form themselves into groups according to their political affinities.

Parliament need not normally evaluate the political affinity of members of a group. In forming a group together under this Rule, Members concerned accept by definition that they have political affinity. Only when this is denied by the Members concerned is it necessary for Parliament to evaluate whether the group has been constituted in conformity with the Rules.

2. A political group must comprise Members from more than one Member State. The minimum number of Members required to form a political group shall be twenty-three if they come from two Member States, eighteen if they come from three Member States and fourteen if they come from four or more Member States.

3. A Member may not belong to more than one group.

4. The President shall be notified in a statement when a political group is set up. This statement shall specify the name of the group, its members and its bureau.

5. The statement shall be published in the Official Journal of the European Union.

As of 1 July 2004, Rule 29 shall read as follows:

1. Members may form themselves into groups according to their political affinities.

Parliament need not normally evaluate the political affinity of members of a group. In forming a group together under this Rule, Members concerned accept by definition that they have political affinity. Only when this is denied by the Members concerned is it necessary for Parliament to evaluate whether the group has been constituted in conformity with the Rules.

2. A political group shall comprise Members elected in at least one-fifth of the Member States. The minimum number of Members required to form a political group shall be sixteen.

3. A Member may not belong to more than one political group.

4. The President shall be notified in a statement when a political group is set up. This statement shall specify the name of the group, its members and its bureau.

5. The statement shall be published in the Official Journal of the European Union.

Rule 30

Non-attached Members

1. Members who do not belong to a political group shall be provided with a secretariat. The detailed arrangements shall be laid down by the Bureau on a proposal from the Secretary-General.

2. The Bureau shall also determine the status and parliamentary rights of such Members.

Rule 31

Allocation of seats in the Chamber

The Conference of Presidents shall decide how seats in the Chamber are to be allocated among the political groups, the Non-attached Members and the institutions of the European Union.

CHAPTER VI

RELATIONS WITH OTHER INSTITUTIONS

APPOINTMENTS

Rule 32

Election of the President of the Commission

1. When the Council has agreed on a nomination for President of the Commission, the President shall request the nominee to make a statement and present his political guidelines to Parliament. The statement shall be followed by a debate.

The Council shall be invited to take part in the debate.

2. Parliament shall approve or reject the nomination by a majority of the votes cast.

The vote shall be taken by secret ballot.

3. If the nominee is elected, the President shall inform the Council accordingly, requesting it and the President-elect of the Commission to propose by common accord the nominees for the various posts of Commissioners.

4. If Parliament does not approve the nomination, the President shall request the Council to nominate a new candidate.

Rule 33

Election of the Commission

1. The President shall, after consulting the President-elect of the Commission, request the nominees proposed by the President-elect of the Commission and the Council for the various posts of Commissioners to appear before the appropriate committees according to their prospective fields of responsibility. These hearings shall be held in public.

2. The committee shall invite the nominee to make a statement and answer questions.

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.

4. In order to wind up the debate, any political group or at least thirty-two Members may table a motion for a resolution. Rule 37(3), (4) and (5) shall apply.

Following the vote on the motion for a resolution, Parliament shall elect or reject the Commission by a majority of the votes cast.

The vote shall be taken by roll call.

Parliament may defer the vote until the next sitting.

5. The President shall inform the Council of the election or rejection of the Commission.

6. In the event of portfolio changes during the Commission's term of office, the Commissioners concerned shall be invited to appear before the committees responsible for the areas of responsibility in question.

Rule 34

Motion of censure on the Commission

1. A motion of censure on the Commission may be submitted to the President by one tenth of the component Members of Parliament.

2. The motion shall be called "motion of censure" and supported by reasons. It shall be forwarded to the Commission.

3. The President shall announce to Members that a motion of censure has been tabled immediately he receives it.

4. The debate on censure shall not take place until at least twenty-four hours after the receipt of a motion of censure is announced to Members.

5. The vote on the motion shall be by roll call and shall not be taken until at least forty-eight hours after the beginning of the debate.

6. The debate and the vote shall take place, at the latest, during the part-session following the submission of the motion.

7. The motion of censure shall be adopted if it secures a two-thirds majority of the votes cast, representing a majority of the component Members of Parliament. The result of the vote shall be notified to the President of the Council and the President of the Commission.

Rule 35

Appointment of the Members of the Court of Auditors

1. Candidates nominated as Members of the Court of Auditors shall be invited to make a statement before the committee responsible and answer questions put by members. The committee shall vote by secret ballot separately on each nomination.

2. The committee responsible shall make a recommendation to Parliament as to whether the nomination should be approved in the form of a report containing a separate proposal for a decision for each nomination.

3. The vote in plenary shall take place within two months of the receipt of the nomination unless Parliament, at the request of the committee responsible, a political group or at least thirty-two Members, decides otherwise. Parliament shall vote by secret ballot separately on each nomination and take its decision by a majority of the votes cast.

4. If the opinion adopted by Parliament on an individual nomination is negative, the President shall request the Council to withdraw its nomination and submit a new nomination to Parliament.

Rule 36

Appointment of the Members of the Executive Board of the European Central Bank

1. The candidate nominated as President of the European Central Bank shall be invited to make a statement before the committee responsible and answer questions put by members.

2. The committee responsible shall make a recommendation to Parliament as to whether the nomination should be approved.

3. The vote shall take place within two months of the receipt of the nomination unless Parliament, at the request of the committee responsible, a political group or at least thirty-two Members, decides otherwise.

4. If the opinion adopted by Parliament is negative, the President shall request the Council to withdraw its nomination and submit a new nomination to Parliament.

5. The same procedure shall apply for nominations for Vice-President and other Executive Board Members of the European Central Bank.

STATEMENTS

Rule 37

Statements by the Commission, Council and European Council

1. Members of the Commission, Council and European Council may at any time ask the President for permission to make a statement. The President shall decide when the statement may be made and whether it is to be followed by a full debate or by thirty minutes of brief and concise questions from Members.

2. When placing a statement with debate on its agenda, Parliament shall decide whether or not to wind up the debate with a resolution. It shall not do so if a report on the same matter is scheduled for the same or the next part-session, unless the President, for exceptional reasons, proposes otherwise. If Parliament decides to wind up a debate with a resolution, a committee, a political group or at least thirty-two Members may table a motion for a resolution.

3. Motions for resolutions shall be put to the vote on the same day. The President shall decide on any exceptions. Explanations of vote shall be admissible.

4. A joint motion for a resolution shall replace the motions for resolutions tabled previously by its signatories, but not those tabled by other committees, political groups or Members.

5. After a resolution has been adopted, no further motions may be put to the vote except where the President, by way of exception, decides otherwise.

Rule 38

Statements explaining Commission decisions

After consulting the Conference of Presidents, the President may invite the President of the Commission, the Commissioner responsible for relations with the European Parliament or, by agreement, another Commissioner, to make a statement to Parliament after each meeting of the Commission, explaining the main decisions taken. The statement shall be followed by a debate of at least thirty minutes in which Members may put brief and concise questions.

Rule 39

Statements by the Court of Auditors

1. In the context of the discharge procedure or Parliament's activities in the sphere of budgetary control, the President of the Court of Auditors may be invited to take the floor in order to present the comments contained in the Annual Report, special reports or opinions of the Court, or in order to explain the Court's work programme.

2. Parliament may decide to hold a separate debate on any questions raised in such statements with the participation of the Commission and Council, in particular where irregularities have been reported in financial management.

Rule 40

Statements by the European Central Bank

1. The President of the European Central Bank shall present the Bank's Annual Report on the activities of the European System of Central Banks and on the monetary policy of both the previous and current year to Parliament.

2. This presentation shall be followed by a general debate.

3. The President of the European Central Bank shall be invited to attend meetings of the committee responsible at least four times a year to make a statement and answer questions.

4. If they or Parliament so request, the President, Vice-President and other Members of the Executive Board of the European Central Bank shall be invited to attend additional meetings.

5. A verbatim report of proceedings under paragraphs 3 and 4 shall be drawn up in the official languages.

Rule 40a

Questions for written answer to the European Central Bank

1. Any Member may put questions for written answer to the European Central Bank.

2. Such questions shall be submitted in writing to the chairman of the committee responsible, who shall forward them to the European Central Bank.

3. The questions shall be published with their answers in the Official Journal of the European Union.

4. If a question has not received a reply by the required deadline, it shall be included at the request of its author on the agenda for the next meeting of the committee responsible with the President of the European Central Bank.

Rule 41

Recommendation on the broad guidelines of economic policies

1. The recommendation from the Commission on the broad guidelines of the economic policies of the Member States and the Community shall be presented to the committee responsible which shall submit a report to Parliament.

2. The Council shall be invited to inform the Parliament of the content of its recommendation, and of the position taken by the European Council.

QUESTIONS TO THE COUNCIL AND THE COMMISSION

Rule 42

Questions for oral answer with debate

1. Questions may be put to the Council or the Commission by a committee, a political group or at least thirty-two Members with a request that they be placed on the agenda of Parliament.

Such questions shall be submitted in writing to the President who shall immediately refer them to the Conference of Presidents.

The Conference of Presidents shall decide whether and in what order questions should be placed on the agenda. Questions not placed on Parliament's agenda within three months of being submitted shall lapse.

2. Questions to the Commission must be referred to that institution at least one week before the sitting on whose agenda they are to appear and questions to the Council at least three weeks before that date.

3. Where the questions concern matters referred to in Articles 17 and 34 of the EU Treaty, the time limit provided for in paragraph 2 of this Rule shall not apply, and the Council must reply with sufficient promptness to keep Parliament properly informed.

4. One of the questioners may move the question for five minutes. One member of the institution concerned shall answer.

The author of the question is entitled to use the whole period of speaking time mentioned.

5. Rule 37(2),(3), (4) and (5) shall apply mutatis mutandis.

Rule 43

Question Time

1. Question Time with the Council and Commission shall be held at each part-session at such times as may be decided by Parliament on a proposal from the Conference of Presidents. A specific period of time may be set aside for questions to the President and individual Members of the Commission.

2. No Member may put more than one question to the Council and the Commission at a given part-session.

3. Questions shall be submitted in writing to the President, who shall rule on their admissibility and on the order in which they are to be taken. The questioner shall be notified immediately of this decision.

4. The detailed procedure shall be governed by guidelines(5).

Rule 44

Questions for written answer

1. Questions for written answer may be put by any Member to the Council or the Commission. The content of questions shall be the sole responsibility of their authors.

2. Questions shall be submitted in writing to the President who shall forward them to the institution concerned.

3. If a question cannot be answered within the time limit set it shall, at the request of the author, be placed on the agenda of the next meeting of the committee responsible. Rule 43 shall apply mutatis mutandis.

4. Questions which require an immediate answer but not detailed research (priority questions) shall be answered within three weeks of being forwarded to the institution concerned. Each Member may table one priority question each month.

Other questions (non-priority questions) shall be answered within six weeks of being forwarded to the institution concerned.

Members shall indicate which type of question they are submitting. The final decision shall be taken by the President.

5. Questions and answers shall be published in the Official Journal of the European Union.

REPORTS

Rule 45

Deleted

Rule 46

Deleted

Rule 47

Annual reports and other reports of other institutions

1. Annual reports and other reports of other institutions, in respect of which the Treaties provide for consultation of the European Parliament or where other legal provisions require an opinion by the European Parliament, shall be dealt with by means of a report submitted to the plenary.

2. Annual reports and other reports of other institutions not falling within the scope of paragraph 1 shall be referred to the appropriate committee which may propose drawing up a report pursuant to Rule 163.

RESOLUTIONS AND RECOMMENDATIONS

Rule 48

Motions for resolutions

1. Any Member may table a motion for a resolution on a matter falling within the sphere of activities of the European Union.

The motion may not comprise more than 200 words.

2. The committee responsible shall decide what procedure is to be adopted.

It may combine the motion for a resolution with other motions for resolutions or reports.

It may adopt an opinion, which may take the form of a letter.

It may decide to draw up a report pursuant to Rule 163.

3. The authors of a motion for a resolution shall be informed of the decisions of the committee and the Conference of Presidents.

4. The report shall contain the text of the motion for a resolution.

5. Opinions in the form of a letter addressed to other institutions of the European Union shall be forwarded by the President.

6. The author or authors of a motion for a resolution tabled pursuant to Rules 37(2), 42(5) or 50(2) shall be entitled to withdraw it before the final vote.

7. A motion for a resolution tabled pursuant to paragraph 1 may be withdrawn by its author, authors or first signatory before the committee responsible has decided, pursuant to paragraph 2, to draw up a report on it.

Once the motion has been thus taken over by the committee, only the committee shall be empowered to withdraw it up until the opening of the final vote.

8. A motion for a resolution withdrawn may be taken over and retabled immediately by a group, a committee or the same number of Members who are entitled to table it.

Committees have a duty to ensure that motions for resolutions tabled pursuant to this Rule which meet the requirements laid down are followed up and duly referred to in documents produced as a result.

Rule 49

Recommendations to the Council

1. At least thirty-two Members or a political group may table a proposal for a recommendation to the Council concerning subjects under Titles V and VI of the EU Treaty, or where Parliament has not been consulted on an international agreement within the scope of Rule 97 or Rule 98.

2. Such proposals shall be referred to the committee responsible for consideration.

Where appropriate, the committee shall refer the matter to Parliament in accordance with the procedures laid down in these Rules.

3. Where it presents a report, the committee responsible shall submit to Parliament a proposal for a recommendation to the Council, together with a brief explanatory statement and, where appropriate, the opinions of the committees consulted.

No prior authorisation from the Conference of Presidents is required for the application of this paragraph.

4. The provisions of Rule 104 or Rule 107 shall apply.

Rule 50

Debates on cases of breaches of human rights, democracy and the rule of law

1. A committee, an interparliamentary delegation, a political group or at least thirty-two Members may ask the President in writing for a debate to be held on an urgent case of a breach of human rights, democracy and the rule of law (Rule 110(3)).

2. The Conference of Presidents shall draw up a list of subjects to be included on the final draft agenda for the next debate on cases of breaches of human rights, democracy and the rule of law on the basis of the requests referred to in paragraph 1 and in accordance with the provisions of Annex III. The total number of subjects included on the agenda shall not exceed three, including sub-chapters.

In accordance with the provisions of Rule 111, Parliament may abandon a topic due to be debated and replace it by an unscheduled topic in the debate. Motions for resolutions on the subjects chosen shall be tabled by the evening of the day on which the agenda is adopted. The President shall set the precise deadline for tabling such motions for resolutions.

3. The total speaking time for the political groups and Non-attached Members shall be allocated in accordance with the procedure laid down in Rule 120(2) and (3) within the maximum time for debates of 60 minutes per part-session.

Any time remaining after taking account of the time required for the introduction of and vote on the motions for resolutions and the speaking time, if any, allocated to the Commission and Council, shall be broken down between the political groups and the Non-attached Members.

4. At the end of the debate there shall be an immediate vote. Rule 137 shall not apply.

Votes taken pursuant to this Rule may be organised on a collective basis under the responsibility of the President and the Conference of Presidents.

5. If two or more motions for resolutions are tabled on the same subject, the procedure set out in Rule 37(4) shall apply.

6. The President and political group chairmen may decide that a motion for a resolution shall be put to the vote without debate. Such a decision shall require the unanimous assent of all the political group chairmen.

The provisions of Rules 143, 144 and 146 shall not apply to motions for resolutions included on the agenda for a debate on cases of breaches of human rights, democracy and the rule of law.

Motions for resolutions shall be tabled for a debate on cases of breaches of human rights, democracy and the rule of law only after the list of subjects has been adopted. Motions for resolutions that cannot be dealt with in the time allocated to the debate shall lapse. The same shall apply to motions for resolutions in respect of which it is established, following a request under Rule 126(3), that a quorum is not present. Obviously Members shall be entitled to retable such motions either for consideration in committee pursuant to Rule 48 or for the debate on cases of breaches of human rights, democracy and the rule of law at the next part-session.

A subject cannot be included on the agenda for a debate on cases of breaches of human rights, democracy and the rule of law if it is already on the agenda for that part-session.

There are no provisions in the Rules to allow a joint debate on a motion for a resolution tabled in accordance with paragraph 2, second subparagraph, and a committee report on the same subject.

***

When a request is made pursuant to Rule 126(3) that it be established whether a quorum is present, this request shall be valid only for the motion for a resolution which is to be put to the vote and not for those which follow.

Rule 51

Written declarations

1. Up to five Members may submit a written declaration of not more than 200 words on a matter falling within the sphere of activities of the European Union. Written declarations shall be printed in the official languages and distributed. They shall be included with the names of the signatories in a register. This register shall be public and shall be maintained outside the entrance to the Chamber during part-sessions and between part-sessions in an appropriate location to be determined by the College of Quaestors.

2. Any Member may add his signature to a declaration included in the register.

3. Where a declaration is signed by the majority of Parliament's component Members, the President shall notify Parliament accordingly and publish the names of the signatories in the minutes.

4. Such a declaration shall, at the end of the part-session, be forwarded to the institutions named therein together with the names of the signatories. It shall be included in the minutes of the sitting at which it is announced. Publication in the minutes shall close the procedure.

5. A written declaration that has stood in the register for over three months and has not been signed by at least one half of the component Members of Parliament shall lapse.

Rule 52

Consultation of the Economic and Social Committee

1. A committee may request that the Economic and Social Committee be consulted on matters of a general nature or on specific points.

The committee shall indicate the deadline for the Economic and Social Committee to deliver its opinion.

2. A request for consultation of the Economic and Social Committee shall be approved by Parliament without debate.

Rule 53

Consultation of the Committee of the Regions

1. A committee may request that the Committee of the Regions be consulted on matters of a general nature or on specific points.

The committee shall indicate the deadline for the Committee of the Regions to deliver its opinion.

2. A request for consultation of the Committee of the Regions shall be approved by Parliament without debate.

Rule 54

Interinstitutional agreements

1. Parliament may enter into agreements with other institutions in the context of the application of the Treaties or in order to improve or clarify procedures.

Such agreements may take the form of joint declarations, exchanges of letters or codes of conduct or other appropriate instruments. They shall be signed by the President after examination by the committee responsible for constitutional affairs and after approval by Parliament. They may be annexed to the Rules of Procedure for information.

2. Where such agreements imply the modification of existing procedural rights or obligations or establish new procedural rights or obligations for Members or bodies of Parliament, or otherwise imply modification or interpretation of the Rules of Procedure, the matter shall be referred to the committee responsible for examination in accordance with Rule 180 (2) to (6) before the agreement is signed.

CHAPTER VII

RELATIONS WITH NATIONAL PARLIAMENTS

Rule 55

Exchange of information, contacts and reciprocal facilities

1. Parliament shall keep the national parliaments of the Member States regularly informed of its activities.

2. The Conference of Presidents may give a mandate to the President to negotiate facilities for the national parliaments of the Member States, on a reciprocal basis, and to propose any other measures to facilitate contacts with the national parliaments.

Rule 56

Conference of European Affairs Committees (COSAC)

1. On a proposal from the President, the Conference of Presidents shall name the members of, and may confer a mandate on, Parliament's delegation to COSAC. The delegation shall be headed by one of the Vice-Presidents responsible for implementation of relations with the national parliaments.

2. The other members of the delegation shall be chosen in the light of the subjects to be discussed at the COSAC meeting, taking due account of the overall political balance within Parliament. A report shall be submitted by the delegation after each meeting.

Rule 56a

Conference of Parliaments

The Conference of Presidents shall designate members of Parliament's delegation to any convention, conference or similar body involving representatives of parliaments and confer a mandate upon it that conforms to any relevant Parliament resolutions. The delegation shall elect its chairman and, where appropriate, one or more vice-chairmen.

CHAPTER VIII

LEGISLATIVE PROCEDURES

GENERAL PROVISIONS

Rule 57

Commission's legislative and work programme

1. Parliament shall work together with the Commission and the Council to determine the legislative planning of the European Union.

Parliament and the Commission shall cooperate in preparing the Commission's legislative and work programme in accordance with the timetable and arrangements agreed between the two institutions and annexed to these Rules of Procedure(6).

2. In urgent and unforeseen circumstances, an institution may, on its own initiative and according to the procedures laid down in the Treaties, propose adding a legislative measure to those proposed in the Legislative Programme.

3. The President shall forward the resolution adopted by Parliament to the other institutions which participate in the European Union's legislative procedure and to the parliaments of the Member States.

The President shall ask the Council to express an opinion on the Commission's Annual Legislative Programme as well as Parliament's resolution.

4. Where an institution is unable to comply with the timetable laid down it shall notify the other institutions as to the reasons for the delay and propose a new timetable.

Rule 58

Examination of respect for fundamental rights, the principles of subsidiarity and proportionality, the rule of law, and financial implications

During the examination of a legislative proposal, Parliament shall pay particular attention to respect for fundamental rights and in particular that the legislative act is in conformity with the European Union Charter of Fundamental Rights, the principles of subsidiarity and proportionality and the rule of law. In addition, where a proposal has financial implications, Parliament shall establish whether sufficient financial resources are provided.

Rule 59

Initiative pursuant to Article 192 of the EC Treaty

1. Parliament may request the Commission to submit to it any appropriate proposal pursuant to Article 192, second paragraph, of the EC Treaty by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted by a majority of the component Members of Parliament. Parliament may, at the same time, fix a deadline for the submission of such a proposal.

2. Before initiating the procedure under Rule 163, the committee responsible shall establish, in the following cases, that no such proposal is under preparation:

(a) such a proposal is not included in the Annual Legislative Programme;

(b) the preparations of such a proposal have not started or are unduly delayed;

(c) the Commission has not responded positively to earlier requests either from the committee responsible or contained in resolutions adopted by Parliament with a majority of the votes cast.

3. Parliament's resolution shall indicate the appropriate legal basis and be accompanied by detailed recommendations as to the content of the required proposals, which shall respect fundamental rights and the principle of subsidiarity.

4. Where a proposal has financial implications, Parliament shall indicate how sufficient financial resources can be provided.

5. The committee responsible shall monitor the progress of preparation of any legislative proposal drawn up following a particular request by Parliament.

Rule 60

Consideration of legislative documents

1. Proposals from the Commission and other documents of a legislative nature shall be referred by the President to the committee responsible for consideration.

In case of doubt the President may apply Rule 154(2) prior to the announcement in Parliament of referral to the committee responsible.

Where a proposal is listed in the Annual Legislative Programme the committee responsible may decide to appoint a rapporteur to follow the preparatory phase of the proposal.

Consultations by the Council or requests from the Commission for an opinion shall be forwarded by the President to the committee responsible for consideration of the proposal concerned.

The provisions for the first reading as set out in Rules 58 and 63 to 73 shall apply to legislative proposals whether they require one, two or three readings.

2. Common positions from the Council shall be referred for consideration to the committee responsible at the first reading.

The provisions for the second reading as set out in Rules 74 to 80 shall apply to common positions.

3. During the conciliation procedure between Parliament and the Council following the second reading, no referral back to committee shall take place.

The provisions for the third reading as set out in Rules 81 to 83 shall apply to the conciliation procedure.

4. Rules 67(1) and (3), 68, 69, 144, 158, 159 and 162 shall not apply during the second and third readings.

5. In the event of a conflict between a provision of the Rules of Procedure relating to the second and third readings and any other provision of the Rules, the provision relating to the second and third readings shall take precedence.

Rule 61

Consultation on initiatives originating from a Member State

1. Initiatives originating from a Member State pursuant to Article 67(1) of the EC Treaty or Articles 34(2) and 42 of the EU Treaty shall be dealt with pursuant to this Rule and to Rules 58, 60, 63, 63a, 64 and 67.

2. The committee responsible may invite a representative of the originating Member State to present its initiative to the committee. The representative may be accompanied by the Presidency of the Council.

3. Before the committee responsible proceeds to the vote, it shall ask the Commission whether it has prepared a position on the initiative and if so request the Commission to state its position to the committee.

4. When two or more proposals (originating from the Commission and/or the Member States) with the same legislative objective have been submitted to Parliament simultaneously or within a short period of time, Parliament shall deal with them in a single report. In its report, the committee responsible shall indicate to which text it has proposed amendments and it shall refer to all other texts in the legislative resolution.

5. The time period referred to in Article 39(1) of the EU Treaty shall commence when it is announced in plenary that Parliament has received, in the official languages, an initiative, together with an explanatory statement confirming the initiative's conformity with the Protocol on the application of the principles of subsidiarity and proportionality annexed to the EC Treaty.

Rule 62

Deleted

Rule 62a

Representation of Parliament in Council meetings

When the Council invites Parliament to take part in a Council meeting in which the Council acts in a legislative capacity, the President shall ask the chairman or rapporteur of the committee responsible, or another Member designated by the committee, to represent Parliament.

FIRST READING - COMMITTEE STAGE

Rule 63

Verification of legal basis

1. For all Commission proposals and other documents of a legislative nature, the committee responsible shall first verify the legal basis.

2. If the committee responsible disputes the validity or the appropriateness of the legal basis, including in the context of the verification pursuant to Article 5 of the EC Treaty, it shall request the opinion of the committee responsible for legal affairs.

3. The committee responsible for legal affairs may also on its own initiative take up questions concerning the legal basis of the proposals submitted by the Commission. In such cases it shall duly inform the committee responsible.

4. If the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Parliament shall vote on this prior to voting on the substance of the proposal.

5. Amendments tabled in Parliament to change the legal basis of a Commission proposal without the committee responsible or the committee responsible for legal affairs having disputed the validity or appropriateness of the legal basis shall be inadmissible.

6. If the Commission does not agree to modify its proposal to conform to the legal basis approved by Parliament, the rapporteur or the chairman of the committee responsible for legal affairs or of the committee responsible may propose that the vote on the substance of the proposal be postponed to a subsequent sitting.

Rule 63a

Verification of financial compatibility

1. Without prejudice to Rule 60, the committee responsible shall verify the financial compatibility of any Commission proposal, or any other document of a legislative nature, with the Financial Perspective.

2. When the committee responsible amends the financial endowment of the act it is considering, it shall request the opinion of the committee responsible for budgetary issues.

3. The committee responsible for budgetary issues may also on its own initiative take up questions concerning the financial compatibility of proposals submitted by the Commission. In such cases it shall duly inform the committee responsible.

4. If the committee responsible for budgetary issues decides to dispute the financial compatibility of the proposal, it shall report its conclusions to Parliament which shall put them to the vote.

5. An act declared incompatible may be adopted by Parliament subject to the decisions of the Budgetary Authority.

Rule 64

Transparency in the legislative process

1. Throughout the whole legislative procedure Parliament and its committees shall request access to all documents relating to Commission proposals under the same conditions as the Council and its working parties.

2. During the examination of a Commission proposal, the committee responsible shall request the Commission and the Council to keep it informed about the progress of this proposal in the Council and its working parties and in particular to inform it of any emerging compromises which will substantially amend the original Commission proposal or of the intention of the Commission to withdraw its proposal.

Rule 65

Modification of a Commission proposal

1. If the Commission informs Parliament or if the committee responsible becomes otherwise aware that the Commission intends to modify its proposal, the committee responsible shall postpone its examination of the matter until it has received the new proposal or the amendments of the Commission.

2. If the Council substantially modifies the Commission proposal, the provisions of Rule 71 shall apply.

Rule 66

Commission and Council position on amendments

1. Before the committee responsible proceeds to the final vote on a Commission proposal, it shall request the Commission to state its position on all the amendments to the proposal adopted by the committee, and the Council to comment.

2. If the Commission is not in a position to make such a statement or declares that it is not prepared to accept all the amendments adopted by the committee then the committee may postpone the final vote.

3. If appropriate, the position of the Commission shall be included in the report.

FIRST READING - PLENARY STAGE

Rule 67

Conclusion of first reading

1. Parliament shall examine the legislative proposal on the basis of the report drawn up by the committee responsible pursuant to Rule 159.

2. Parliament shall first vote on the amendments to the proposal with which the report of the committee responsible is concerned, then on the proposal, amended or otherwise, then on the amendments to the draft legislative resolution, then on the draft legislative resolution as a whole, which shall contain only a statement as to whether Parliament approves, rejects or proposes amendments to the Commission's proposal and any procedural requests.

The consultation procedure is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible.

All reports tabled under the legislative procedure should conform to the provisions of Rules 60, 63 and 159. Any non-legislative motion for a resolution tabled by a committee should be in accordance with the referral procedures provided for in Rules 154 or 163.

3. The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and Commission by the President as Parliament's opinion.

Rule 68

Rejection of a Commission proposal

1. If a Commission proposal fails to secure a majority of the votes cast, the President shall, before Parliament votes on the draft legislative resolution, request the Commission to withdraw the proposal.

2. If the Commission does so, the President shall hold the consultation procedure on the proposal to be superfluous and shall inform the Council accordingly.

3. If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible without voting on the draft legislative resolution.

In this case, the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.

4. If the committee responsible is unable to meet the deadline, it shall request referral back to committee pursuant to Rule 144(1). If necessary, Parliament may set a new time limit pursuant to Rule 144(5). If the committee's request is not accepted, Parliament shall move to the vote on the draft legislative resolution.

Rule 69

Adoption of amendments to a Commission proposal

1. Where the Commission proposal as a whole is approved, but on the basis of amendments which have also been adopted, the vote on the draft legislative resolution shall be postponed until the Commission has stated its position on each of Parliament's amendments.

If the Commission is not in a position to make such a statement at the end of Parliament's vote on its proposal, it shall inform the President or the committee responsible as to when it will be in a position to do so; the proposal shall then be placed on the draft agenda of the first part-session thereafter.

2. Where the Commission announces that it does not intend to adopt all Parliament's amendments, the rapporteur of the committee responsible or, failing him, the chairman of that committee shall make a formal proposal to Parliament as to whether the vote on the draft legislative resolution should proceed. Before submitting this proposal, the rapporteur or chairman of the committee responsible may request the President to suspend consideration of the item.

Should Parliament decide to postpone the vote, the matter shall be deemed to be referred back to the committee responsible for reconsideration.

In this case, the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.

If the committee responsible is unable to meet the deadline, the procedure provided for in Rule 68(4) shall be applied.

Only amendments tabled by the committee responsible and seeking to reach a compromise with the Commission shall be admissible at this stage.

3. Application of paragraph 2 does not preclude a request for referral being tabled by other Members pursuant to Rule 144.

A committee to which a matter has been referred back pursuant to paragraph 2 is principally required under the terms of that referral to report within the deadline given and, where appropriate, to table amendments seeking to reach a compromise with the Commission, but not to reconsider all the provisions approved by Parliament.

However, within these terms of reference, in view of the suspensory effect of the referral, the committee enjoys a greater degree of freedom and may, where necessary in the interests of the compromise, propose reconsidering provisions which received a favourable vote in Parliament.

In such cases, in view of the fact that the only admissible amendments from the committee are those seeking to reach a compromise, and with a view to preserving the sovereignty of the House, the report referred to in paragraph 2 must clearly state which provisions already approved would fall if the proposed amendments were adopted.

FIRST READING - FOLLOW-UP PROCEDURE

Rule 70

Follow-up to Parliament's opinion

1. In the period following the adoption by Parliament of its opinion on a proposal by the Commission, the chairman and the rapporteur of the committee responsible shall monitor the progress of the proposal in the course of the procedure leading to its adoption by the Council, notably to ensure that the undertakings made by the Council or the Commission to Parliament with respect to its amendments are properly observed.

2. The committee responsible may invite the Commission and the Council to discuss the matter with it.

3. At any stage of the follow-up procedure the committee responsible may, if it deems it necessary, table a motion for a resolution under this Rule recommending that Parliament:

- call upon the Commission to withdraw its proposal, or

- call upon the Commission or the Council to refer the matter to Parliament once again pursuant to Rule 71, or upon the Commission to present a new proposal, or

- decide to take such other action as it deems appropriate.

This motion shall be placed on the draft agenda of the part-session following the decision by the committee.

Rule 71

Renewed referral to Parliament

Procedure leading to the adoption of an act pursuant to Article 251 of the EC Treaty

1. The President shall, at the request of the committee responsible, ask the Commission to refer its proposal again to Parliament

- where the Commission withdraws its initial proposal after Parliament has adopted its position in order to replace it with another text, except where this is done in order to incorporate Parliament's amendments; or

- where the Commission substantially amends or intends to amend its initial proposal, except where this is done in order to incorporate Parliament's amendments; or

- where, through the passage of time or changes in circumstances, the nature of the problem with which the proposal is concerned substantially changes; or

- where new elections to Parliament have taken place since it adopted its position, and the Conference of Presidents considers it desirable.

2. Parliament shall, at the request of the committee responsible, ask the Council to refer again to Parliament a proposal submitted by the Commission pursuant to Article 251 of the EC Treaty, where the Council intends to modify the legal basis of the proposal with the result that the procedure laid down in Article 251 would no longer apply.

Procedures leading to the adoption of other acts

3. At the request of the committee responsible, the President shall call on the Council to reconsult Parliament in the same circumstances and under the same conditions as those set out in paragraph 1, and also where the Council substantially amends or intends to amend the proposal on which Parliament originally delivered its opinion, except where this is done in order to incorporate Parliament's amendments.

4. The President shall also request that a proposal for an act be referred again to Parliament in the circumstances defined in this Rule where Parliament so decides on a proposal from a political group or at least thirty-two Members.

Rule 72

Conciliation procedure contained in the 1975 joint declaration

1. Where, in the case of certain important Community decisions, the Council intends to depart from the opinion of Parliament, a procedure for conciliation with the Council, with the active participation of the Commission, may be opened by Parliament when delivering its opinion.

2. This procedure shall be initiated by Parliament, either at its own or at the Council's initiative.

3. For the composition and procedure of the delegation to the conciliation committee and the reporting of the results to Parliament, Rule 82 shall apply.

4. The committee responsible shall report on the results of the conciliation. This report shall be debated and voted on by Parliament.

Rule 73

Approval of Parliament's amendments by the Council

1. Where, pursuant to Article 251(2) of the EC Treaty, the Council has informed Parliament that it has approved its amendments, but not otherwise amended the Commission proposal, or neither institution has amended the Commission proposal, the President shall announce in Parliament that the proposal has been finally adopted.

2. Before making this announcement, the President shall verify that any technical adaptations made by the Council to the proposal do not affect the substance. In case of doubt, he shall consult the committee responsible. If any changes made are considered to be substantive, the President shall inform the Council that Parliament will proceed to a second reading as soon as the conditions laid down in Rule 74 are fulfilled.

3. After making the announcement referred to in paragraph 1, the President shall, with the President of the Council, sign the proposed act and arrange for its publication in the Official Journal of the European Union, in accordance with Rule 84.

SECOND READING - COMMITTEE STAGE

Rule 74

Communication of the Council's common position

1. Communication of the Council's common position pursuant to Articles 251 and 252 of the EC Treaty takes place when it is announced by the President in Parliament. The President shall make the announcement after he has received the documents containing the common position itself, all declarations made in the Council minutes when it adopts the common position, the reasons which led the Council to adopt its common position and the Commission's position, duly translated into the official languages of the European Union. The President's announcement shall be made during the part-session following the receipt of such documents.

Before making the announcement, the President shall establish, after consulting the chairman of the committee responsible and/or the rapporteur, that the text he has received is indeed a common position and that the circumstances described in Rule 71 do not apply. Failing this, the President, together with the committee responsible and, where possible, in agreement with the Council, shall seek an appropriate solution.

2. A list of such communications shall be published in the minutes of the sitting together with the name of the committee responsible.

Rule 75

Extension of time limits

1. The President shall, at the request of the chairman of the committee responsible in the case of time limits for second reading, or at the request of Parliament's conciliation delegation in the case of time limits for conciliation, extend the limits in question pursuant to Article 251(7) of the EC Treaty.

For any extension of time limits pursuant to Article 252(g) of the EC Treaty or Article 39(1) of the EU Treaty the President shall seek the agreement of the Council.

2. The President shall notify Parliament of any extension of time limits pursuant to Article 251(7) of the EC Treaty, whether at the initiative of Parliament or of the Council.

3. The President, after consulting the chairman of the committee responsible, may agree to a Council request to extend any time limits pursuant to Article 252(g) of the EC Treaty.

Rule 76

Referral to and procedure in the committee responsible

1. On the day of its communication to Parliament pursuant to Rule 74(1), the common position shall be deemed to have been referred automatically to the committee responsible and to the committees asked for their opinion at first reading.

2. The common position shall be entered as the first item on the agenda of the first meeting of the committee responsible following the date of its communication. The Council may be invited to present the common position.

3. Unless otherwise decided, the rapporteur during second reading shall be the same as during first reading.

4. The provisions for Parliament's second reading in Rule 80(2), (3) and (5) shall apply to the proceedings in the committee responsible; only members or permanent substitutes of that committee may table proposals for rejection and amendments. The committee shall decide by a majority of the votes cast.

5. Before voting, the committee may request the chairman and rapporteur to discuss amendments that have been tabled in the committee with the President of the Council or his representative and with the Commissioner responsible present. The rapporteur may table compromise amendments following such discussion.

6. The committee responsible shall submit a recommendation for second reading proposing the approval, amendment or rejection of the common position adopted by the Council. The recommendation shall include a short justification for the decision proposed.

SECOND READING - PLENARY STAGE

Rule 77

Conclusion of second reading

1. The Council's common position and, where available, the recommendation for second reading of the committee responsible shall automatically be placed on the draft agenda for the part-session whose Wednesday falls before and closest to the day of expiry of the period of three months or, if extended in accordance with Rule 75, of four months, unless the matter has been dealt with at an earlier part-session.

The recommendations for second readings submitted by parliamentary committees are equivalent to an explanatory statement in which the committee justifies its position in relation to the Council's common position. There is no vote on these texts.

2. The second reading shall be concluded when Parliament approves, rejects or amends the common position within the time limits and in accordance with the conditions laid down by Articles 251 and 252 of the EC Treaty.

Rule 78

Approval without amendment of the Council's common position

Where no motion to reject the common position, and no amendments to the common position, are adopted under Rules 79 and 80 within the time limits set for tabling and voting on amendments or proposals to reject, the President shall announce in Parliament that the proposed act has been finally adopted. He shall, with the President of the Council, sign the proposed act and arrange for its publication in the Official Journal of the European Union, in accordance with Rule 84.

Rule 79

Rejection of the Council's common position

1. The committee responsible, a political group or at least thirty-two Members may, in writing and before a deadline set by the President, table a proposal to reject the common position of the Council. Such a proposal shall require for adoption the votes of a majority of the component Members of Parliament. A proposal to reject the common position shall be voted on before voting on any amendments.

2. Notwithstanding a vote by Parliament against the initial proposal to reject the common position, Parliament may, on the recommendation of the rapporteur, consider a further proposal for rejection after voting on the amendments and hearing a statement from the Commission pursuant to Rule 80(5).

3. If the common position of the Council is rejected, the President shall announce in Parliament that the legislative procedure is closed.

4. By derogation from paragraph 3, if a rejection by Parliament falls under the provisions of Article 252 of the EC Treaty, the President shall request the Commission to withdraw its proposal. If the Commission does so, the President shall announce in Parliament that the legislative procedure is closed.

Rule 80

Amendments to the Council's common position

1. The committee responsible, a political group or at least thirty-two Members may table amendments to the Council's common position for consideration in Parliament.

2. An amendment to the common position shall be admissible only if it conforms to the provisions of Rules 139 and 140 and seeks:

(a) to restore wholly or partly the position adopted by Parliament in its first reading; or

(b) to reach a compromise between the Council and Parliament; or

(c) to amend a part of the text of a common position which was not included in - or differs in content from - the proposal submitted in first reading and which does not amount to a substantial change within the meaning of Rule 71; or

(d) to take account of a new fact or legal situation which has arisen since the first reading.

The President's discretion to declare an amendment admissible or inadmissible cannot be questioned.

3. If new elections have taken place since the first reading, but Rule 71 has not been invoked, the President may decide to waive the restrictions on admissibility laid down in paragraph 2.

4. An amendment shall be adopted only if it secures the votes of a majority of the component Members of Parliament.

5. Before voting on the amendments, the President may ask the Commission to state its position and the Council to comment.

THIRD READING - CONCILIATION

Rule 81

Convening of Conciliation Committee

Where the Council informs Parliament that it is unable to approve all Parliament's amendments to the common position, the President shall, together with the Council, agree to a time and place for a first meeting of the Conciliation Committee. The six-week or, if extended, eight-week deadline provided for in Article 251(5) of the EC Treaty shall run from the time at which the Committee first meets.

Rule 82

Delegation to Conciliation Committee

1. Parliament's delegation to the Conciliation Committee shall consist of a number of members equal to the number of members of the Council delegation.

2. The political composition of the delegation shall correspond to the composition of Parliament by political groups. The Conference of Presidents shall fix the exact number of Members from each political group.

3. The members of the delegation shall be appointed by the political groups for each particular conciliation case, preferably from among the members of the committees concerned, except for three members who shall be appointed as permanent members of successive delegations for a period of twelve months. The three permanent members shall be appointed by the political groups from among the Vice-Presidents and shall represent at least two different political groups. The chairman and the rapporteur of the committee responsible in each particular case shall be members of the delegation.

4. The political groups represented on the delegation shall appoint substitutes.

5. Political groups and Non-attached Members not represented on the delegation may each send one representative to any internal preparatory meeting of the delegation.

6. The delegation shall be led by the President or by one of the three permanent members.

7. The delegation shall decide by a majority of its members. Its deliberations shall not be public.

The Conference of Presidents shall lay down further procedural guidelines for the work of the delegation to the Conciliation Committee.

8. The results of the conciliation shall be reported by the delegation to Parliament.

THIRD READING - PLENARY STAGE

Rule 83

Joint text

1. Where agreement on a joint text is reached within the Conciliation Committee, the matter shall be placed on the agenda of a sitting of Parliament to be held within six or, if extended, eight weeks of the date of approval of the joint text by the Conciliation Committee.

2. The chairman or another designated member of Parliament's delegation to the Conciliation Committee shall make a statement on the joint text, which shall be accompanied by a report.

3. No amendments may be tabled to the joint text.

4. The joint text as a whole shall be the subject of a single vote. The joint text shall be approved if it secures a majority of the votes cast.

5. Where no agreement is reached on a joint text within the Conciliation Committee, the chairman or another designated member of Parliament's delegation to the Conciliation Committee shall make a statement. This statement shall be followed by a debate.

Rule 84

Signature of adopted acts

1. The text of acts adopted jointly by Parliament and the Council shall be signed by the President and by the Secretary-General, once it has been verified that all the procedures have been duly completed.

2. Acts adopted jointly by Parliament and the Council in accordance with the procedure laid down in Article 251 of the EC Treaty shall indicate the nature of the relevant act followed by the serial number, by the date of its adoption and by an indication of its subject matter.

3. Acts adopted jointly by Parliament and the Council shall contain the following:

(a) "The European Parliament and the Council of the European Union";

(b) a reference to the provisions under which the act is adopted, preceded by the words "Having regard to";

(c) a citation containing a reference to proposals submitted, opinions obtained and consultations held;

(d) a statement of the reasons on which the act is based, introduced by the word "Whereas";

(e) a phrase such as "have adopted this Regulation" or "have adopted this Directive" or "have adopted this Decision" or "have decided as follows", followed by the body of the act.

4. Acts shall be divided into articles, if appropriate grouped into chapters and sections.

5. The last article of an act shall specify the date of entry into force, where that date is before or after the twentieth day following publication.

6. The last article of an act shall be followed by:

- the appropriate formulation, according to the relevant provisions of the Treaty, as to its applicability;

- "Done at ...", followed by the date on which the act was adopted;

- "For the European Parliament The President", "For the Council The President", followed by the name of the President of Parliament and of the President-in-Office of the Council when the act is adopted.

7. The acts referred to above shall be published in the Official Journal of the European Union by the Secretaries-General of Parliament and the Council.

PROCEDURE FOR DELIVERING OPINIONS ON COUNCIL RECOMMENDATIONS

Rule 85

Procedure for delivering opinions pursuant to Article 122 of the EC Treaty

1. When Parliament is consulted on Council recommendations pursuant to Article 122(2) of the EC Treaty, it shall, after these recommendations have been presented in plenary by the Council, deliberate on the basis of a proposal submitted orally or in writing by its committee responsible and advocating approval or rejection of the recommendations on which Parliament has been consulted.

2. Parliament shall then take a single collective vote on the recommendations, to which no amendments may be tabled.

ASSENT PROCEDURE

Rule 86

Conclusion of assent procedure

1. Where Parliament is requested to give its assent to a proposed act, it shall take a decision on the basis of a recommendation from the committee responsible to approve or reject the act. Parliament shall take a decision on the act requiring its assent under the EC or EU Treaty by means of a single vote, and no amendments may be tabled. The majority required for the adoption of the assent shall be the majority indicated in the article of the EC Treaty or of the EU Treaty that constitutes the legal basis for the proposed act.

2. For accession treaties and international agreements and determination of a serious and persistent breach of common principles by a Member State, Rules 96, 97 and 108 shall apply respectively. For an enhanced cooperation procedure in an area covered by the procedure laid down in Article 251 of the EC Treaty, Rule 109 shall apply.

3. Where Parliament's assent is required for a legislative proposal, the committee responsible may decide, in order to facilitate a positive outcome of the procedure, to present an interim report on the Commission proposal to Parliament with a motion for a resolution containing recommendations for modification or implementation of the proposal.

If Parliament approves at least one recommendation the President shall request further discussion with the Council.

The committee responsible shall make its final recommendation for the assent of Parliament in the light of the outcome of the discussion with the Council.

DIALOGUE BETWEEN MANAGEMENT AND LABOUR

Rule 87

Procedures relating to dialogue between management and labour

1. Any document drawn up by the Commission pursuant to Article 138 of the EC Treaty or agreements reached by management and labour pursuant to Article 139(1) of the EC Treaty as well as proposals submitted by the Commission in accordance with Article 139(2) of the EC Treaty shall be referred by the President to the committee responsible for consideration.

2. Where management and labour inform the Commission of their wish to initiate the process provided for in Article 139 of the EC Treaty, the committee responsible may draw up a report on the substantive issue in question.

3. Where management and labour have reached an agreement and requested jointly that the agreement be implemented by a Council decision on a proposal from the Commission in accordance with Article 139(2) of the EC Treaty, the committee responsible shall table a motion for a resolution recommending the adoption or rejection of the request.

VOLUNTARY AGREEMENTS

Rule 87a

Procedures relating to scrutiny of voluntary agreements

1. Where the Commission informs Parliament of its intention to explore the use of voluntary agreements as an alternative to legislation, the committee responsible may draw up a report on the substantive issue in question pursuant to Rule 163.

2. When the Commission announces that it intends to enter into a voluntary agreement, the committee responsible may table a motion for a resolution recommending the approval or rejection of the proposal, and under what conditions.

SUPERVISORY POWERS

Rule 88

Implementing provisions

1. When the Commission forwards a draft implementing measure to Parliament, the President shall refer the document in question to the committee responsible for the act from which the implementing provisions derive.

2. On a proposal from the committee responsible, Parliament may, within one month - or three months for financial services measures - of the date of receipt of the draft implementing measure, adopt a resolution objecting to the draft measure, in particular if it exceeds the implementing powers provided for in the basic instrument. Where there is no part-session before the deadline expires, or in cases where urgent action is required, the right of response shall be deemed to have been delegated to the committee responsible. This shall take the form of a letter from the committee chairman to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament. If Parliament objects to the measure, the President shall request the Commission to withdraw or amend the measure or submit a proposal under the appropriate legislative procedure.

Rule 89

Official codification of Community legislation

1. When a Commission proposal for official codification of Community legislation is submitted to Parliament, it shall be referred to the committee responsible for legal affairs. Provided that it is ascertained that the proposal does not entail any change of substance to existing Community legislation, the procedure laid down in Rule 158 shall be followed.

2. The chairman of the committee responsible or the rapporteur appointed by that committee may participate in the examination and revision of the proposal for codification. If necessary, the committee responsible may give its opinion beforehand.

3. Notwithstanding the provisions of Rule 158(3), the simplified procedure may not be applied to a proposal for official codification where this procedure is opposed by a majority of the members of the committee responsible for legal affairs or of the committee responsible.

Rule 90

Consequences of the Council failing to act following approval of its common position under the cooperation procedure

If, within three or, with the agreement of the Council, four months of the communication of the common position pursuant to Article 252 of the EC Treaty, Parliament has neither rejected nor amended the position, and the Council fails to adopt the proposed legislation in accordance with the common position, the President may, on behalf of Parliament and after consulting the committee responsible for legal affairs, bring an action against the Council in the Court of Justice under Article 232 of the EC Treaty.

Rule 91

Proceedings before the Court of Justice

1. Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice for action by the institutions of the Union and by any natural or legal persons, examine Community legislation to ensure that its rights have been fully respected.

2. The committee responsible shall report to Parliament, orally if necessary, where it suspects a breach of Parliament's rights.

3. The Presi