EN Official Journal of the European Union L 44/1

RULES OF PROCEDURE

16th edition

July 2004

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 201) are in italic script.

CONTENTS

TITLE I MEMBERS, PARLIAMENT BODIES AND POLITICAL GROUPS

CHAPTER 1 MEMBERS OF THE EUROPEAN PARLIAMENT

Rule 1 The European Parliament

Rule 2 The independent mandate

Rule 3 Verification of credentials

Rule 4 Term of office of Members

Rule 5 Privileges and immunities

Rule 6 Waiver of immunity

Rule 7 Procedures on immunity

Rule 8 Payment of expenses and allowances

Rule 9 Code of conduct

Rule 10 Internal investigations conducted by the European Anti-Fraud Office (OLAF)

CHAPTER 2 OFFICERS OF PARLIAMENT

Rule 11 Oldest Member

Rule 12 Nominations and general provisions

Rule 13 Election of President — opening address

Rule 14 Election of Vice-Presidents

Rule 15 Election of Quaestors

Rule 16 Term of office of Officers

Rule 17 Vacancies

Rule 18 Early termination of an office

CHAPTER 3 BODIES AND DUTIES

Rule 19 Duties of the President

Rule 20 Duties of the Vice-Presidents

Rule 21 Composition of the Bureau

Rule 22 Duties of the Bureau

Rule 23 Composition of the Conference of Presidents

Rule 24 Duties of the Conference of Presidents

Rule 25 Duties of the Quaestors

Rule 26 Conference of Committee Chairmen

Rule 27 Conference of Delegation Chairmen

Rule 28 Accountability of the Bureau and the Conference of Presidents

CHAPTER 4 POLITICAL GROUPS

Rule 29 Formation of political groups

Rule 30 Activities and legal situation of the political groups

Rule 31 Non-attached Members

Rule 32 Allocation of seats in the Chamber

TITLE II LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES

CHAPTER 1 LEGISLATIVE PROCEDURES — GENERAL PROVISIONS

Rule 33 Commission's legislative and work programme

Rule 34 Examination of respect for fundamental rights, the principles of subsidiarity and proportionality, the rule of law, and financial implications

Rule 35 Verification of legal basis

Rule 36 Verification of financial compatibility

Rule 37 Access to documents and provision of information to Parliament

Rule 38 Representation of Parliament in Council meetings

Rule 39 Initiative pursuant to Article 192 of the EC Treaty

Rule 40 Consideration of legislative documents

Rule 41 Consultation on initiatives originating from a Member State

CHAPTER 2 PROCEDURE IN COMMITTEE

Rule 42 Legislative reports

Rule 43 Simplified procedure

Rule 44 Non-legislative reports

Rule 45 Own-initiative reports

Rule 46 Opinions of committees

Rule 47 Enhanced cooperation between committees

Rule 48 Drafting of reports

CHAPTER 3 FIRST READING

Committee stage

Rule 49 Modification of a Commission proposal

Rule 50 Commission and Council position on amendments

Plenary stage

Rule 51 Conclusion of first reading

Rule 52 Rejection of a Commission proposal

Rule 53 Adoption of amendments to a Commission proposal

Follow-up procedure

Rule 54 Follow-up to Parliament's opinion

Rule 55 Renewed referral to Parliament

Rule 56 Conciliation procedure contained in the 1975 Joint Declaration

CHAPTER 4 SECOND READING

Committee stage

Rule 57 Communication of the Council's common position

Rule 58 Extension of time limits

Rule 59 Referral to and procedure in the committee responsible

Plenary stage

Rule 60 Conclusion of second reading

Rule 61 Rejection of the Council's common position

Rule 62 Amendments to the Council's common position

CHAPTER 5 THIRD READING

Conciliation

Rule 63 Convening of Conciliation Committee

Rule 64 Delegation to Conciliation Committee

Plenary stage

Rule 65 Joint text

CHAPTER 6 CONCLUSION OF THE LEGISLATIVE PROCEDURE

Rule 66 First reading agreement

Rule 67 Second reading agreement

Rule 68 Signature of adopted acts

CHAPTER 7 BUDGETARY PROCEDURES

Rule 69 General Budget

Rule 70 Discharge to the Commission in respect of implementation of the budget

Rule 71 Other discharge procedures

Rule 72 Parliamentary control over implementation of the budget

CHAPTER 8 INTERNAL BUDGETARY PROCEDURES

Rule 73 Estimates of Parliament

Rule 74 Power to incur and settle expenditure

CHAPTER 9 ASSENT PROCEDURE

Rule 75 Assent procedure

CHAPTER 10 ENHANCED COOPERATION

Rule 76 Procedures in Parliament

CHAPTER 11 OTHER PROCEDURES

Rule 77 Procedure for delivering opinions pursuant to Article 122 of the EC Treaty

Rule 78 Procedures relating to dialogue between management and labour

Rule 79 Procedures relating to scrutiny of voluntary agreements

Rule 80 Codification

Rule 81 Implementing provisions

CHAPTER 12 TREATIES AND INTERNATIONAL AGREEMENTS

Rule 82 Accession treaties

Rule 83 International agreements

Rule 84 Procedures based on Article 300 of the EC Treaty in the case of provisional application or the suspension of international agreements or the establishment of the Community position in a body set up by an international agreement

CHAPTER 13 EXTERNAL REPRESENTATION OF THE UNION AND COMMON FOREIGN AND SECURITY POLICY

Rule 85 Appointment of the High Representative for the common foreign and security policy

Rule 86 Appointment of special representatives for the purposes of the common foreign and security policy

Rule 87 Statements by the High Representative for the common foreign and security policy and by other special representatives

Rule 88 International representation

Rule 89 Consultation of and provision of information to Parliament within the framework of the common foreign and security policy

Rule 90 Recommendations within the framework of the common foreign and security policy

Rule 91 Breach of human rights

CHAPTER 14 POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

Rule 92 Provision of information to Parliament in the fields of police and judicial cooperation in criminal matters

Rule 93 Consultation of Parliament in the fields of police and judicial cooperation in criminal matters

Rule 94 Recommendations in the fields of police and judicial cooperation in criminal matters

CHAPTER 15 BREACH BY A MEMBER STATE OF FUNDAMENTAL PRINCIPLES

Rule 95 Determination of a breach

TITLE III TRANSPARENCY OF BUSINESS

Rule 96 Transparency of Parliament's activities

Rule 97 Public access to documents

TITLE IV RELATIONS WITH OTHER BODIES

CHAPTER 1 APPOINTMENTS

Rule 98 Election of the President of the Commission

Rule 99 Election of the Commission

Rule 100 Motion of censure on the Commission

Rule 101 Appointment of the Members of the Court of Auditors

Rule 102 Appointment of the Members of the Executive Board of the European Central Bank

CHAPTER 2 STATEMENTS

Rule 103 Statements by the Commission, Council and European Council

Rule 104 Statements explaining Commission decisions

Rule 105 Statements by the Court of Auditors

Rule 106 Statements by the European Central Bank

Rule 107 Recommendation on the broad guidelines of economic policies

CHAPTER 3 QUESTIONS TO THE COUNCIL, THE COMMISSION AND THE EUROPEAN CENTRAL BANK

Rule 108 Questions for oral answer with debate

Rule 109 Question Time

Rule 110 Questions for written answer

Rule 111 Questions for written answer to the European Central Bank

CHAPTER 4 REPORTS OF OTHER INSTITUTIONS

Rule 112 Annual reports and other reports of other institutions

CHAPTER 5 RESOLUTIONS AND RECOMMENDATIONS

Rule 113 Motions for resolutions

Rule 114 Recommendations to the Council

Rule 115 Debates on cases of breaches of human rights, democracy and the rule of law

Rule 116 Written declarations

Rule 117 Consultation of the European Economic and Social Committee

Rule 118 Consultation of the Committee of the Regions

Rule 119 Requests to European agencies

CHAPTER 6 INTERINSTITUTIONAL AGREEMENTS

Rule 120 Interinstitutional agreements

CHAPTER 7 REFERRALS TO THE COURT OF JUSTICE

Rule 121 Proceedings before the Court of Justice

Rule 122 Consequences of the Council failing to act following approval of its common position under the cooperation procedure

TITLE V RELATIONS WITH NATIONAL PARLIAMENTS

Rule 123 Exchange of information, contacts and reciprocal facilities

Rule 124 Conference of European Affairs Committees (COSAC)

Rule 125 Conference of Parliaments

TITLE VI SESSIONS

CHAPTER 1 SESSIONS OF PARLIAMENT

Rule 126 Parliamentary term, sessions, part-sessions, sittings

Rule 127 Convening of Parliament

Rule 128 Venue of sittings and meetings

Rule 129 Attendance of Members at sittings

CHAPTER 2 ORDER OF BUSINESS OF PARLIAMENT

Rule 130 Draft agenda

Rule 131 Procedure in plenary without amendment and debate

Rule 132 Adopting and amending the agenda

Rule 133 Extraordinary debate

Rule 134 Urgent procedure

Rule 135 Joint debate

Rule 136 Time limits

CHAPTER 3 GENERAL RULES FOR THE CONDUCT OF SITTINGS

Rule 137 Access to the Chamber

Rule 138 Languages

Rule 139 Transitional arrangement

Rule 140 Distribution of documents

Rule 141 Calling speakers and content of speeches

Rule 142 Allocation of speaking time

Rule 143 List of speakers

Rule 144 One-minute speeches

Rule 145 Personal statements

Rule 146 Order in the Chamber

Rule 147 Exclusion of Members

Rule 148 Disturbances

CHAPTER 4 QUORUM AND VOTING

Rule 149 Quorum

Rule 150 Tabling and moving amendments

Rule 151 Admissibility of amendments

Rule 152 Voting procedure

Rule 153 Tied votes

Rule 154 Principles governing voting

Rule 155 Order of voting on amendments

Rule 156 Committee consideration of plenary amendments

Rule 157 Split voting

Rule 158 Right to vote

Rule 159 Voting

Rule 160 Voting by roll call

Rule 161 Electronic voting

Rule 162 Voting by secret ballot

Rule 163 Explanations of vote

Rule 164 Disputes on voting

CHAPTER 5 INTERRUPTIVE AND PROCEDURAL MOTIONS

Rule 165 Procedural motions

Rule 166 Points of order

Rule 167 Moving the inadmissibility of a matter

Rule 168 Referral back to committee

Rule 169 Closure of a debate

Rule 170 Adjournment of a debate and vote

Rule 171 Suspension or closure of the sitting

CHAPTER 6 PUBLIC RECORD OF PROCEEDINGS

Rule 172 Minutes ( 1 )

Rule 173 Verbatim reports

TITLE VII COMMITTEES AND DELEGATIONS

CHAPTER 1 COMMITTEES — SETTING UP AND POWERS

Rule 174 Setting up of standing committees

Rule 175 Setting up of temporary committees

Rule 176 Committees of inquiry

Rule 177 Composition of committees

Rule 178 Substitutes

Rule 179 Duties of committees

Rule 180 Committee responsible for the verification of credentials

Rule 181 Subcommittees

Rule 182 Committee bureaux

CHAPTER 2 COMMITTEES — FUNCTIONING

Rule 183 Committee meetings

Rule 184 Minutes of committee meetings

Rule 185 Voting in committee

Rule 186 Provisions concerning plenary sittings applicable in committee

Rule 187 Question Time in committee

CHAPTER 3 INTERPARLIAMENTARY DELEGATIONS

Rule 188 Setting up and duties of interparliamentary delegations

Rule 189 Cooperation with the Parliamentary Assembly of the Council of Europe

Rule 190 Joint parliamentary committees

TITLE VIII PETITIONS

Rule 191 Right of petition

Rule 192 Examination of petitions

Rule 193 Notice of petitions

TITLE IX OMBUDSMAN

Rule 194 Appointment of the Ombudsman

Rule 195 Activities of the Ombudsman

Rule 196 Dismissal of the Ombudsman

TITLE X PARLIAMENT'S SECRETARIAT

Rule 197 Secretariat

TITLE XI POWERS AND RESPONSIBILITIES RELATING TO POLITICAL PARTIES AT EUROPEAN LEVEL

Rule 198 Powers and responsibilities of the President

Rule 199 Powers and responsibilities of the Bureau

Rule 200 Powers and responsibilities of the committee responsible and of Parliament's plenary

TITLE XII APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE

Rule 201 Application of the Rules of Procedure

Rule 202 Amendment of the Rules of Procedure

TITLE XIII MISCELLANEOUS PROVISIONS

Rule 203 Unfinished business

Rule 204 Arrangement of annexes

ANNEX I Provisions governing the application of Rule 9(1) — Transparency and Members' financial interests

ANNEX II Conduct of Question Time under Rule 109

ANNEX III Guidelines and general principles to be followed when choosing the subjects to be included on the agenda for the debate on cases of breaches of human rights, democracy and the rule of law provided for under Rule 115

ANNEX IV Implementing procedures for examination of the general budget of the European Union and supplementary budgets

ANNEX V Procedure for the consideration and adoption of decisions on the granting of discharge

ANNEX VI Powers and responsibilities of standing committees

ANNEX VII Confidential and sensitive documents and information

ANNEX VIII Detailed provisions governing the exercise of the European Parliament's right of inquiry

ANNEX IX Provisions governing the application of Rule 9(2) — Lobbying in Parliament

ANNEX X Performance of the Ombudsman's duties

ANNEX XI Prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests

ANNEX XII Exercise of implementing powers conferred on the Commission

ANNEX XIII Framework Agreement on relations between the European Parliament and the Commission

ANNEX XIV Timetable for the Commission's legislative and work programme

ANNEX XV List of Parliament documents directly accessible through the register

ANNEX XVI Regulation (EC) No 1049/2001 on public access to documents

TITLE I

MEMBERS, PARLIAMENT BODIES AND POLITICAL GROUPS

CHAPTER 1

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 members 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:

‘Diputados al Parlamento Europeo’ in Spanish,

‘Poslanci Evropského parlamentu’ in Czech,

‘Medlemmer af Europa-Parlamentet’ in Danish,

‘Mitglieder des Europäischen Parlaments’ in German,

‘Euroopa Parlamendi liikmed’ in Estonian,

‘Βoυλευτές τoυ Ευρωπαϊκoύ Κoιvoβoυλίoυ’ in Greek,

‘Members of the European Parliament’ in English,

‘Députés au Parlement européen’ in French,

‘Deputati al Parlamento europeo’ in Italian,

‘Eiropas Parlamenta deputāti’ in Latvian,

‘Europos Parlamento nariai’ in Lithuanian,

‘Európai Parlamenti Képviselők’ in Hungarian,

‘Membru tal-Parlament Ewropew’ in Maltese,

‘Leden van het Europees Parlement’ in Dutch,

‘Posłowie do Parlamentu Europejskiego’ in Polish,

‘Deputados ao Parlamento Europeu’ in Portuguese,

‘Poslanci Európskeho parlamentu’ in Slovak,

‘Poslanci Evropskega parlamenta’ in Slovene,

‘Euroopan parlamentin jäsenet’ in Finnish,

‘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

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 7 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 4(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 4

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 7 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 5

Privileges and immunities

1. Members shall enjoy privileges and immunities in accordance with the Protocol on the Privileges and Immunities 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 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2) shall be laid down in Annex VII to these Rules of Procedure.

Rule 6

Waiver of 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.

The Member or former Member may be represented by another Member. The request may not be made by another Member without the agreement of the Member concerned.

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 7

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 145, 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 8

Payment of expenses and allowances

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

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 202(2) and attached to these Rules of Procedure as an annex (3).

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 (4),

— 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 (5).

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 10

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 (6).

CHAPTER 2

OFFICERS OF PARLIAMENT

Rule 11

Oldest Member

1. At the sitting provided for under Rule 127(2), 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 12

Nominations and general provisions

1. The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with the provisions of Rule 162. Nominations shall be with consent. They may only be made by a political group or by at least 37 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 13

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 14

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 14, 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 13(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 17(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 15

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 16

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 17

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 18

Early termination of an office

The Conference of Presidents may, acting by a majority of three-fifths of the votes cast, representing at least three political groups, propose to Parliament to terminate the holding of office of the President, a Vice-President, a Quaestor, a Chairman or Vice-Chairman of a committee, a Chairman or Vice-Chairman of an interparliamentary delegation, or any other holder of an office elected within the Parliament, where it considers that the Member in question has been guilty of serious misconduct. Such a proposal shall be approved by Parliament by a majority of two-thirds of the votes cast, representing a majority of its component Members.

CHAPTER 3

BODIES AND DUTIES

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 155(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 14(2).

2. The Vice-Presidents shall also carry out the duties conferred upon them under Rule 22 and Rules 24(3) and 64(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 109(3) and 110(2).

Rule 21

Composition of the Bureau

1. The Bureau shall consist of the President and the 14 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 31 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.

Where such meetings are authorised, the language arrangements shall be determined on the basis of the official languages used and requested by the members and substitutes of the committee concerned.

The same shall apply in the case of the delegations, except where the members and substitutes concerned agree otherwise.

9. The Bureau shall appoint the Secretary-General pursuant to Rule 197.

10. The Bureau shall lay down the implementing rules relating to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (7) and shall, in implementing that Regulation, assume the tasks conferred upon it by these Rules of Procedure.

11. 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.

12. 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 32.

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 and the Conference of Presidents

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 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 30 days of tabling, together with the answers given.

CHAPTER 4

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 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 19.

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

Activities and legal situation of the political groups

1. The political groups shall carry out their duties as part of the activities of the Union, including the tasks allocated to them by the Rules of Procedure. The political groups shall be provided with a secretariat on the basis of the establishment plan of the Secretariat, administrative facilities and the appropriations entered for that purpose in Parliament's budget.

2. The Bureau shall lay down the rules relating to the provision, implementation and monitoring of those facilities and appropriations, as well as to the related delegations of budget implementation powers.

3. Those rules shall determine the administrative and financial consequences in the event of the dissolution of a political group.

Rule 31

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.

3. The Bureau shall also lay down the rules relating to the provision, implementation and auditing of appropriations entered in Parliament's budget to cover secretarial expenses and administrative facilities of non-attached Members.

Rule 32

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.

TITLE II

LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES

CHAPTER 1

LEGISLATIVE PROCEDURES — GENERAL PROVISIONS

Rule 33

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 (8).

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 34

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 35

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 36

Verification of financial compatibility

1. Without prejudice to Rule 40, 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 37

Access to documents and provision of information to Parliament

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 38

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.

Rule 39

Initiative pursuant to Article 192 of the EC Treaty

1. Parliament may request the Commission to submit to it any appropriate proposal pursuant to the second paragraph of Article 192 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 45, 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 40

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 179(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 34 to 37, 49 to 56 and 66 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 57 to 62 and 67 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 63, 64 and 65 shall apply to the conciliation procedure.

4. Rules 42, 43 and 46, Rule 51(1) and (3) and Rules 52, 53 and 168 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 41

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 Article 34(2) and Article 42 of the EU Treaty shall be dealt with pursuant to this Rule and to Rules 34 to 37, 40 and 51.

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.

CHAPTER 2

PROCEDURE IN COMMITTEE

Rule 42

Legislative reports

1. The chairman of the committee to which a Commission proposal has been referred shall propose to the committee the procedure to be followed.

2. Following a decision on the procedure to be followed, and if Rule 43 does not apply, the committee shall appoint a rapporteur on the Commission proposal from among its members or permanent substitutes if it has not yet done so on the basis of the annual legislative programme agreed under Rule 33.

3. The committee's report shall comprise:

(a) draft amendments, if any, to the proposal, accompanied, if appropriate, by short justifications which shall be the responsibility of the rapporteur and shall not be put to the vote;

(b) a draft legislative resolution, in accordance with Rule 51(2);

(c) if appropriate, an explanatory statement including a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the financial perspective.

Rule 43

Simplified procedure

1. Following a first discussion of a legislative proposal, the chairman may propose that it be approved without amendment. Unless at least one-tenth of the members of the committee object, the chairman shall present to Parliament a report approving the proposal. The second subparagraph of Rule 131(1) and Rule 131(2) and (4) shall apply.

2. The chairman may alternatively propose that he or the rapporteur draft a set of amendments reflecting the committee's discussion. If the committee so agrees, these amendments shall be sent to the members of the committee. Unless at least one-tenth of the members of the committee object within a set time limit, which may not be less than 21 days from the date of dispatch, the report shall be considered as having been adopted by the committee. In this case the draft legislative resolution and the amendments shall be submitted to Parliament without debate pursuant to the second subparagraph of Rule 131(1) and Rule 131(2) and (4).

3. If at least one-tenth of the committee's members object, the amendments shall be put to the vote at the next meeting of the committee.

4. The first and second sentences of paragraph 1, the first, second and third sentences of paragraph 2 and paragraph 3 shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 46.

Rule 44

Non-legislative reports

1. Where a committee draws up a non-legislative report, it shall appoint a rapporteur from among its members or permanent substitutes.

2. The rapporteur shall be responsible for preparing the committee's report and for presenting it to Parliament on behalf of the committee.

3. The committee's report shall comprise:

(a) a motion for a resolution;

(b) an explanatory statement including a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the financial perspective;

(c) the texts of any motions for resolutions to be included under Rule 113(4).

Rule 45

Own-initiative reports

1. A committee intending to draw up a report and to submit a motion for a resolution to Parliament on a subject within its competence on which neither a consultation nor a request for an opinion has been referred to it pursuant to Rule 179(1) may do so only with the authorisation of the Conference of Presidents. Where such authorisation is withheld the reason must always be stated.

2. The provisions of this Rule shall apply mutatis mutandis in cases where the Treaties attribute the right of initiative to Parliament.

In such cases, the Conference of Presidents shall take a decision within two months.

Rule 46

Opinions of committees

1. Should the committee to which a question was first referred wish to hear the views of another committee, or should another committee wish to make known its views on the report of the committee to which a question was first referred, such committees may ask the President that, in accordance with Rule 179(3), one committee be named as the committee responsible and the other as the committee asked for an opinion.

2. In the case of documents of a legislative nature within the meaning of Rule 40(1), the opinion shall consist of draft amendments to the text referred to the committee accompanied, if appropriate, by short justifications. Such justifications shall be the responsibility of the draftsman and shall not be put to the vote. If necessary the committee may submit a short written justification for the opinion taken as a whole.

In the case of non-legislative texts, the opinion shall consist of suggestions for parts of the motion for a resolution submitted by the committee responsible.

The committee responsible shall put these draft amendments or suggestions to the vote.

The opinions shall deal solely with those matters that fall under the areas of responsibility of the committee giving an opinion.

3. The committee responsible shall fix a deadline within which the committee asked for an opinion must deliver it if it is to be taken into account in the committee responsible. Any changes to the announced timetable shall be immediately communicated by the committee responsible to the committee(s) asked for an opinion. The committee responsible shall not reach its final conclusions before that time limit has expired.

4. All adopted opinions shall be annexed to the report of the committee responsible.

5. Only the committee responsible may table amendments in Parliament.

6. The chairman and draftsman of the committee asked for an opinion shall be invited to take part in an advisory capacity in meetings of the committee responsible, insofar as these relate to the matter of common concern.

Rule 47

Enhanced cooperation between committees

Where in the opinion of the Conference of Presidents a question falls almost equally within the competence of two committees, or where different parts of the question fall under the competence of two different committees, Rule 46 shall apply with the following additional provisions:

— the timetable shall be jointly agreed by the two committees,

— the rapporteur and the draftsman shall endeavour to agree on the texts they propose to their committees and on their position regarding amendments,

— the committee responsible shall accept without a vote amendments from the committee asked for an opinion where they concern matters which the chairman of the committee responsible considers, on the basis of Annex VI, after consulting the chairman of the committee asked for an opinion, to fall under the competence of the committee asked for an opinion, and which do not contradict other elements of the report.

The wording of this Rule does not lay down any limits to its scope. Requests for enhanced cooperation between parliamentary committees concerning non-legislative reports based on Rules 45(1) and 112(1) and (2) are admissible.

Rule 48

Drafting of reports

1. The explanatory statement shall be the responsibility of the rapporteur and shall not be put to the vote. It must, however, accord with the text of the motion for a resolution as adopted and any amendments proposed by the committee. If it fails to do so, the chairman of the committee may delete the explanatory statement.

2. The report shall state the result of the vote taken on the report as a whole. In addition, if at least one-third of the members present so request when the vote is taken, the report shall indicate how each member voted.

3. Where the committee's opinion is not unanimous the report shall also give a summary of the minority opinion. Minority opinions shall be expressed when the vote on the text as a whole is taken, and may, at the request of their authors, be the subject of a written declaration not exceeding 200 words in length, annexed to the explanatory statement.

The chairman shall settle any disputes which may arise as a result of the application of these provisions.

4. On a proposal from its bureau, a committee may set a deadline within which the rapporteur shall submit his draft report. This deadline may be extended or a new rapporteur appointed.

5. Once the deadline has expired, the committee may instruct its chairman to ask for the matter referred to it to be placed on the agenda of one of the next sittings of Parliament. The debates may then be conducted on the basis of an oral report by the committee concerned.

CHAPTER 3

FIRST READING

Committee stage

Rule 49

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 55 shall apply.

Rule 50

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.

Plenary stage

Rule 51

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 42.

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 35, 40 and 42. Any non-legislative motion for a resolution tabled by a committee should be in accordance with the referral procedures provided for in Rule 45 or 179.

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 52

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 168(1). If necessary, Parliament may set a new time limit pursuant to Rule 168(5). If the committee's request is not accepted, Parliament shall move to the vote on the draft legislative resolution.

Rule 53

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 52(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 168.

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.

Follow-up procedure

Rule 54

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 55, 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 55

Renewed referral to Parliament

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.

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 37 Members.

Rule 56

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 64 shall apply.

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

CHAPTER 4

SECOND READING

Committee stage

Rule 57

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 55 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 58

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 59

Referral to and procedure in the committee responsible

1. On the day of its communication to Parliament pursuant to Rule 57(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 62(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.

Plenary stage

Rule 60

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 58, 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 61

Rejection of the Council's common position

1. The committee responsible, a political group or at least 37 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 62(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 way of 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 62

Amendments to the Council's common position

1. The committee responsible, a political group or at least 37 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 150 and 151 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 55; 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 55 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.

CHAPTER 5

THIRD READING

Conciliation

Rule 63

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 64

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 12 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.

Plenary stage

Rule 65

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.

CHAPTER 6

CONCLUSION OF THE LEGISLATIVE PROCEDURE

Rule 66

First reading agreement

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 57 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 68.

Rule 67

Second reading agreement

Where no motion to reject the common position, and no amendments to the common position, are adopted under Rules 61 and 62 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 68.

Rule 68

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 20th 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.

CHAPTER 7

BUDGETARY PROCEDURES

Rule 69

General Budget

Implementing procedures for examination of the General Budget of the European Union and supplementary budgets, in accordance with the financial provisions of the Treaties establishing the European Communities, shall be adopted by resolution of Parliament and annexed to these Rules (9)

Rule 70

Discharge to the Commission in respect of implementation of the budget

The provisions concerning the implementing procedures for the decision on the granting of discharge to the Commission in respect of the implementation of the budget in accordance with the financial provisions of the Treaties establishing the European Communities and the Financial Regulation are attached to these Rules as an annex (10). This annex shall be adopted pursuant to Rule 202(2).

Rule 71

Other discharge procedures

The provisions governing the procedure for discharge to the Commission in respect of the implementation of the budget shall likewise apply to:

— the procedure for discharge to the President of the European Parliament in respect of the implementation of the budget of the European Parliament;

— the procedure for discharge to the persons responsible for the implementation of the budgets of other institutions and bodies of the European Union such as the Council (as regards its activity as executive), the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions,

— the procedure for discharge to the Commission in respect of the implementation of the budget of the European Development Fund,

— the procedure for discharge to the bodies responsible for the budgetary management of legally independent entities which carry out Community tasks, insofar as their activities are subject to legal provisions requiring discharge by the European Parliament.

Rule 72

Parliamentary control over implementation of the budget

1. Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the committees responsible for the budget and budgetary control and the other committees concerned.

2. Each year it shall consider, before the first reading of the draft budget for the following financial year, the problems involved in the implementation of the current budget, where appropriate on the basis of a motion for a resolution tabled by its committee responsible.

CHAPTER 8

INTERNAL BUDGETARY PROCEDURES

Rule 73

Estimates of Parliament

1. The Bureau shall draw up the preliminary draft estimates on the basis of a report prepared by the Secretary-General.

2. The President shall forward the preliminary draft estimates to the committee responsible, which shall draw up the draft estimates and report to Parliament.

3. The President shall set a time limit for the tabling of amendments to the draft estimates.

The committee responsible shall give its opinion on these amendments.

4. Parliament shall adopt the estimates.

5. The President shall forward the estimates to the Commission and Council.

6. The foregoing provisions shall also apply to supplementary estimates.

7. The implementing provisions governing the procedure for drawing up Parliament's estimates shall be adopted by a majority of the votes cast and be annexed to these Rules (11).

Rule 74

Power to incur and settle expenditure

1. The President shall incur and settle, or cause to be incurred and settled, the expenditure covered by the internal financial regulations issued by the Bureau after consulting the appropriate committee.

2. The President shall forward the draft annual accounts to the committee responsible.

3. On the basis of a report by the committee responsible, Parliament shall approve its accounts and decide on the giving of a discharge.

CHAPTER 9

ASSENT PROCEDURE

Rule 75

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 82, 83 and 95 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 76 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.

CHAPTER 10

ENHANCED COOPERATION

Rule 76

Procedures in Parliament

1. Requests by Member States or Commission proposals to introduce enhanced cooperation between Member States and consultations of Parliament pursuant to Article 40a(2) of the EU Treaty shall be referred by the President to the committee responsible for consideration. Rules 35, 36, 37, 40, 49 to 56 and 75 shall apply as appropriate.

2. The committee responsible shall verify compliance with Article 11 of the EC Treaty and Articles 27a, 27b, 40, 43, 44 and 44a of the EU Treaty.

3. Subsequent acts proposed under enhanced cooperation, once it is established, shall be dealt with in Parliament under the same procedures as when enhanced cooperation does not apply.

CHAPTER 11

OTHER PROCEDURES

Rule 77

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.

Rule 78

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.

Rule 79

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 45.

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.

Rule 80

Codification

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 43 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 43(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 81

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.

CHAPTER 12

TREATIES AND INTERNATIONAL AGREEMENTS

Rule 82

Accession treaties

1. Any application by a European State to become a member of the European Union shall be referred to the committee responsible for consideration.

2. Parliament may decide, on a proposal from the committee responsible, a political group or at least 37 Members, to request the Commission and th