RULES OF PROCEDURE

(14th edition)

Note for the reader:

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

CONTENTS

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CHAPTER I

MEMBERS OF THE EUROPEAN PARLIAMENT

Rule 1

The European Parliament

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

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

"Medlemmer af Europa-Parlamentet" in Danish,

"Mitglieder des Europäischen Parlaments" in German,

"Βουλευτές του Ευρωπαϊκού Κοινοβουλίου" in Greek,

"Members of the European Parliament" in English,

"Diputados al Parlamento Europeo" in Spanish,

"Euroopan parlamentin jäsenet" in Finnish,

"Députés au Parlement européen" in French,

"Deputati al Parlamento europeo" in Italian,

"Leden van het Europees Parlement" in Dutch,

"Deputados ao Parlamento europeu" in Portuguese,

"Ledamöter av Europaparlamentet" in Swedish.

Rule 2

The independent mandate

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

Rule 3

Privileges and immunities

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

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

3. Members shall be entitled to inspect any files held by Parliament or a committee, other than personal files and accounts which only the Members concerned shall be allowed to inspect.

Rule 4

Attendace of Members at sitting and votes

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

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

3. In the event of a roll-call vote the minutes shall record the names of Members who took part in the vote and how they voted.

Rule 5

Payment of expenses and allowances

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

Rule 6

Waiver of immunity

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

2. The committee shall consider such requests without delay and in the order in which they have been submitted.

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

4. The committee's report shall contain a proposal for a decision which simply recommends the adoption or rejection of the request for the waiver of immunity. However, where the request seeks the waiver of immunity on several counts, each of these may be the subject of a separate proposal for a 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.

Where the request for the waiver of immunity entails the possibility of obliging the Member to appear as a witness or expert witness thereby depriving him of his freedom, the committee shall:

- ascertain, before proposing that immunity be waived, 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;

- seek clarification regarding the subject of the statement, in order to ensure that 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.

5. The committee 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 justify prosecution, even if, in considering the request, it acquires detailed knowledge of the facts of the case.

6. 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 or against each proposal to waive or uphold immunity.

Without prejudice to Rule 122, the Member whose immunity is subject to the request for a waiver 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.

7. The President shall immediately communicate Parliament's decision to the appropriate authority of the Member State concerned, with a request, if immunity is waived, that he should be informed 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.

8. Should a Member be arrested or prosecuted after having been found in the act of committing an offence, any other Member may request that the proceedings be suspended or that he be released.

The President shall ensure that recourse is had to this right where the aim of the arrest or prosecution is to make the Member appear as a witness or expert witness against his will, without his immunity having been waived beforehand.

Rule 7

Verification of credentials

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

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

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

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

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

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

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

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

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

Rule 8

Term of office of Members

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

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

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

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

Otherwise, the vacancy shall be established with effect from the date indicted 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 notify the President of appointments to an office incompatible with the office of Member of the European Parliament, the President shall inform Parliament, which shall establish that there is a vacancy.

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

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

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

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

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

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

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

Rule 9

Code of conduct

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

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

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

In return, these persons shall be required to:

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

- sign a register kept by the Quaestors.

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

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

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

CHAPTER II

SESSIONS OF PARLIAMENT

Rule 10

Convening of Parliament

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

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

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

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

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

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

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

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

Exceptionally, with the approval of the Conference of Presidents, the President may convene Parliament at the request of one third of its component Members.

Rule 11

Venue of sittings and meetings

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

Proposals for additional part-sessions in Brussels and any amendments thereto will require only a simple majority vote.

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

CHAPTER III

OFFICERS OF PARLIAMENT

Rule 12

Oldest Member

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

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

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

Rule 13

Nominations and general provisions

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

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

Rule 14

Election of President opening address

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

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

Rule 15

Election of Vice-Presidents

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

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

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

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

Rule 16

Election of Quaestors

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

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

Rule 17

Term of office of Officers

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

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

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

Rule 18

Vacancies

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

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

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

Rule 19

Duties of the President

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

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

2. The duties of the President shall be to open, suspend and close sittings; to 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

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

CHAPTER IV

PARLIAMENT'S GOVERNING BODIES

Rule 21

Composition of the Bureau

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

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

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

Rule 22

Duties of the Bureau

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

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

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

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

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

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

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

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

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

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

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

Rule 23

Composition of the Conference of Presidents

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

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

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

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

Rule 24

Duties of the Conference of Presidents

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

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

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

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

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

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

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

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

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

Rule 25

Duties of the Quaestors

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

Rule 26

Conference of Committee Chairmen

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

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

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

Rule 27

Conference of Delegation Chairmen

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

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

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

Rule 28

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

1. The minutes of the Bureau and the Conference of Presidents shall be translated into the official languages, printed and distributed to all Members of Parliament, unless the Bureau or the Conference of Presidents exceptionally, for reasons of confidentiality, decides otherwise.

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

CHAPTER V

POLITICAL GROUPS

Rule 29

Formation of political groups

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

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

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

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

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

Rule 30

Non-attached Members

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

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

Rule 31

Allocation of seats in the Chamber

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

CHAPTER VI

RELATIONS WITH OTHER INSTITUTIONS

APPOINTMENTS

Rule 32

Election of the President of the Commission

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

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

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

The vote shall be taken by roll call.

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

4. If Parliament does not approve nomination, the President shall request the governments of the Member States to nominate a new candidate.

Rule 33

Election of the Commission

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

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

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

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

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

The vote shall be taken by roll call.

Parliament may defer the vote until the next sitting.

5. The President shall inform the governments of the Member States of the election or rejection of the Commission.

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

Rule 34

Motion of censure on the Commission

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

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

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

4. The debate on censure shall not take place until at least 24 hours after the receipt of a motion of censure is announced to Members.

5. The vote on the motion shall be by roll call and shall not be taken until at least 48 hours after the beginning of the debate.

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

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

Rule 35

Appointment of the Members of the Court of Auditors

1. Candidates nominated as Members of the Court of Auditors shall be invited to make a statement before the committee responsible and answer questions put by members.

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

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

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

Rule 36

European Central Bank

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

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

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

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

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

STATEMENTS

Rule 37

Statements by the Commission, Council and European Council

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

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

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

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

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

Rule 38

Statements explaining Commission decisions

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

Rule 39

Statements by the Court of Auditors

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

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

Rule 40

Statements by the European Central Bank

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

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

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

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

Rule 41

Recommendation on the broad guidelines of economic policies

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

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

QUESTIONS TO THE COUNCIL AND COMMISSION

Rule 42

Questions for oral answer

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

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

The Conference of Presidents shall decide whether and in what order questions should be placed on the agenda.

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

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

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

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

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

Rule 43

Question Time

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

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

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

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

Rule 44

Questions for written answer

1. Questions for written answer may be put by any Member to the Council or the Commission.

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

3. Questions and answers shall be published in the Official Journal of the European Communities.

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

5. Questions which require an immediate answer but no detailed research (priority questions) shall be answered within three weeks. Each Member may table one priority question each month.

6. Other questions (non-priority questions) shall be answered within six weeks.

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

REPORTS

Rule 45

Annual general report of the Commission

The annual general report by the Commission on the activities of the European Communities shall be referred to the committees, which may submit specific and fundamental questions to the plenary under the existing procedures.

Rule 46

Annual report of the Commission on the application of Community law

1. The annual report by the Commission on the application of Community law in the Member States shall be referred to the various committees concerned, each of which may deliver its opinion to the committee responsible for legal affairs which shall submit a report to the plenary.

2. The resolution adopted by Parliament and the report of the committee responsible shall be forwarded to the Council, the Commission and the governments and parliaments of the Member States.

Rule 47

Other reports and annual reports of other institutions

1. Other reports and annual reports of other institutions, in respect of which the Treaties provide for consultation of the European Parliament or in respect of which the development of the European Union necessitates an opinion by the European Parliament, shall be dealt with by means of a report submitted to the plenary.

2. Other reports and annual reports of other institutions not falling within the scope of paragraph 1 shall be referred to the appropriate committee which may propose drawing up a report pursuant either to Rule 163 or to Rule 62.

RESOLUTIONS AND RECOMMENDATIONS

Rule 48

Motions for resolutions

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

The motion may not comprise more than 200 words.

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

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

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

It may decide to draw up a report, in which case it shall require the approval of the Conference of Presidents.

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

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

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

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

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

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

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

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

Rule 49

Recommendations to the Council

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

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

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

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

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

4. In urgent cases the provisions of Rule 104 or Rule 107 shall apply.

Rule 50

Debates on topical and urgent subjects of major importance

1. A political group or at least thirty-two Members may ask the President in writing for a debate to be held on a topical and urgent subject of major importance (Rule 110(3)).

2. The Conference of Presidents shall draw up a list of subjects to be included on the final draft agenda for the next debate on topical and urgent subjects of major importance on the basis of the requests referred to in paragraph 1 and in accordance with the provisions of Annex III. The total number of subjects included on the agenda shall not exceed five.

In accordance with the provisions of Rule 111, Parliament may abandon a topic due to be debated and/or include an unscheduled topic in the debate without, however, exceeding the maximum number of topics laid down by this Rule. Motions for resolutions on the subjects chosen shall be tabled by the evening of the day on which the agenda is adopted. The President shall set the precise deadline for tabling such motions for resolutions.

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

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

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

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

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

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

The provisions of Rules 143, 144 and 146 shall not apply to motions for resolutions included on the agenda for a debate on topical and urgent subjects of major importance.

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

A subject cannot be included on the agenda for a debate on topical and urgent subjects of major importance if it is already on the agenda for that part-session.

There are no provisions in the Rules to allow a joint debate on a motion for a resolution tabled in accordance with paragraph 1 and a committee report on the same subject.

***

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

Rule 51

Written declarations

1. Up to five Members may submit a written declaration of not more than 200 words on a matter falling within the sphere of activities of the European Union. Written declarations shall be printed in the official languages and distributed. They shall be included with the names of the signatories in a register.

2. Any Member may add his signature to such a declaration.

3. Where a declaration is signed by the majority of Parliament's component Members, the President shall notify Parliament accordingly.

4. Such a declaration shall, at the end of the following part-session, be forwarded to the institutions named therein together with the names of the signatories. It shall be included in the Minutes of proceedings of the last sitting of that part-session. Publication in the Minutes of proceedings shall close the procedure.

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

Rule 52

Consultation of the Economic and Social Committee

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

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

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

Rule 53

Consultation of the Committee of the Regions

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

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

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

Rule 54

Interinstitutional agreements

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

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

CHAPTER VII

RELATIONS WITH NATIONAL PARLIAMENTS

Rule 55

Exchange of information, contacts and reciprocal facilities

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

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

Rule 56

Conference of European Affairs Committees (COSAC)

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

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

CHAPTER VIII

LEGISLATIVE PROCEDURES

GENERAL PROVISIONS

Rule 57

Annual legislative programme

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

2. The Commission shall, in October, present its Annual Legislative Programme with an assessment of the previous year's Legislative Programme.

3. The Annual Legislative Programme shall refer to:

(a) all proposals of a legislative nature,

(b) agreements with third countries.

The Programme shall also refer to any legislative proposals and documents requested by Parliament or the Council which the Commission has agreed to submit.

Every act included in the Programme must indicate the legal basis and the timetable for adoption.

4. Before the end of each year, Parliament shall adopt a resolution setting the political priorities for the Legislative Programme.

5. 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.

6. 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.

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

8. Parliament shall review progress on the implementation of the Annual Legislative Programme every six months.

The Programme may be revised at the beginning of the second half of the year.

Rule 58

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

During the examination of a legislative proposal, Parliament shall pay particular attention to respect for fundamental rights and the principles of subsidiarity and proportionality. In addition, where a proposal has financial implications, Parliament shall establish whether sufficient financial resources are provided.

Rule 59

Legislative initiative pursuant to Article 192 of the EC Treaty

1. Parliament may request the Commission to submit to it any appropriate legislative proposal pursuant to Article 192, second paragraph, of the EC Treaty by adopting a resolution on the basis of an own-initiative report from the committee responsible and authorised pursuant to Rule 163. The resolution shall be adopted by a majority of the component Members of Parliament. Parliament may at the same time fix a deadline for the submission of such a proposal.

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

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

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

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

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

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

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

Rule 60

Consideration of legislative documents

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

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

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

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

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

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

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

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

4. Rules 62, 67(1) and (3), 68, 69, 144, 158, 159 and 162 shall not apply during the second and third readings.

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

Rule 61

Consultation on proposals originating from a Member State

Proposals originating from a Member State pursuant to Article 67(1) of the EC Treaty, and on which the European Parliament has subsequently been consulted, shall be dealt with pursuant to Rules 58, 60, 62, 63 and 67.

Rule 62

Delegation of the power of decision to committees

1. The Conference of Presidents may, on its own initiative or at the request of the committee responsible, refer a consultation, a request for an opinion, an own-initiative report (Rule 163) or a report based on a motion for a resolution tabled pursuant to Rule 48(1) to (5) to that committee for a decision.

2. If, after referral to committee pursuant to paragraph 1, one third of the current members of the committee request that the power of decision be referred back to Parliament, the procedures for debate and amendment of committee reports in plenary shall apply.

3. The meeting at which the committee takes its decision shall be open to the public.

4. The deadline for tabling amendments shall be published in the Bulletin of the European Parliament.

5. As soon as the committee has adopted its report, and subject to Rules 117(1) and 118, the President shall place it on the agenda for the next part-session. The committee's resolution and amendments, if any, shall be deemed adopted and shall be recorded in the minutes unless, before the start of the second day of the part-session, one tenth of the component Members of Parliament from at least three political groups have tabled their opposition in writing. The President shall announce this opposition at the start of the second sitting of the part-session; in this case the committee's report shall be placed on the agenda for the same or the following part-session and shall be dealt with in accordance with the normal procedure. The President shall set a deadline for the tabling of amendments.

A request from one third of a committee's current members for the power of decision to revert to Parliament may be made in writing outside of committee meetings but must be submitted before the date of the meeting at which the committee appoints the rapporteur on the subject in respect of which it is requested that the power of decision revert to Parliament.

***

The provisions of the Rules which concern the tabling of amendments are Rules 139(1), the reference to that Rule in Rule 165(4), and Rule 62, in particular paragraph 4 thereof, which stipulates that any deadline for tabling amendments shall be published in the Bulletin of the European Parliament; under Rule 139(1) any Member may table amendments in any of the committees; this principle becomes even more pertinent when a committee is considering matters referred to it pursuant to Rule 62.

FIRST READING - COMMITTEE STAGE

Rule 63

Verification of legal basis

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

2. If the committee responsible disputes the validity or the appropriateness of the legal basis, 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 64

Transparency in the legislative process

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

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

Rule 65

Modification of a Commission proposal

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

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

Rule 66

Commission and Council position on amendments

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

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

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

FIRST READING - PLENARY STAGE

Rule 67

Conclusion of first reading

1. Without prejudice to Rules 62, 114 and 158(1), Parliament shall discuss the legislative proposal on the basis of the report drawn up by the committee responsible pursuant to Rule 159.

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

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

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

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

Rule 68

Rejection of a Commission proposal

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

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

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

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

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

Rule 69

Adoption of amendments to a Commission proposal

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

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

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

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

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

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

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

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

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

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

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

FIRST READING - FOLLOW-UP PROCEDURE

Rule 70

Follow-up to Parliament's opinion

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

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

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

- call upon the Commission to withdraw its proposal, or

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

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

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

Rule 71

Renewed referral to Parliament

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

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

- where the Commission withdraws its initial proposal after Parliament has delivered its opinion 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 delivered its opinion, and the Conference of Presidents considers it desirable.

Procedures leading to the adoption of other acts

2. 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.

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

Rule 72

Conciliation procedure contained in the 1975 interinstitutional agreement

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 Rule 82(1) to (7) shall apply.

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

Rule 73

Approval of Parliament's amendments by the Council

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

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

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

SECOND READING - COMMITTEE STAGE

Rule 74

Communication of the Council's common position

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

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

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

Rule 75

Extension of time limits

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

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

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

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

Rule 76

Referral to and procedure in the committee responsible

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

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

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

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

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

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

SECOND READING - PLENARY STAGE

Rule 77

Conclusion of second reading

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

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

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

Rule 78

Approval without amendment of the Council's common position

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

Rule 79

Rejection of the Council's common position

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

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

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

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

Rule 80

Amendments to the Council's common position

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

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

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

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

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

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

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

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

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

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

THIRD READING - CONCILIATION

Rule 81

Convening of Conciliation Committee

Where the Council is unable to approve all Parliament's amendments to the common position, the President may, after consulting the chairmen of the political groups and the chairman and rapporteur of the committee responsible, agree to a time and place for a first meeting of the Conciliation Committee. The six-week deadline for the Conciliation Committee to agree a joint text shall run from the time at which the Committee first meets.

Rule 82

Delegation to Conciliation Committee

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

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

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

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

5. Political groups 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 including any proposed amendments or compromises shall be reported by the delegation to Parliament in due time to allow Parliament to complete any further procedural steps pursuant to the provisions of the EC Treaty.

THIRD READING - PLENARY STAGE

Rule 83

Joint text

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

2. The chairman or another designated member of Parliament's delegation to the Conciliation Committee shall make a statement on the joint text. This statement may be followed by a short debate.

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

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

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

Rule 84

Signature of adopted acts

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

2. Regulations, directives or decisions adopted jointly by Parliament and the Council shall include in their title the word "Regulation", "Directive" or "Decision" as appropriate followed by a serial number, by the date of their adoption and by an indication of their subject matter.

3. Regulations, directives or decisions 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 Regulation, Directive or Decision 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 Regulation, Directive or Decision is based, introduced by the word "Whereas";

(e) the phrase "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 Regulation, Directive or Decision.

4. Regulations, directives or decisions shall be divided into articles, if appropriate grouped into chapters and sections.

5. The last Article of a Regulation, Directive or Decision shall specify the date of entry into force, where that date is before or after the twentieth day following publication.

6. The last Article of a Regulation, Directive or Decision 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 Regulation, Directive or Decision 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 Regulation, Directive or Decision is adopted.

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

PROCEDURE FOR DELIVERING OPINIONS ON COUNCIL RECOMMENDATIONS

Rule 85

Procedure for delivering opinions pursuant to Article 121 of the EC Treaty

1. When Parliament is consulted on Council recommendations pursuant to Article 121(2) and (4) 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 by its committee responsible and advocating approval or rejection of the recommendations on which Parliament has been consulted.

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

ASSENT PROCEDURE

Rule 86

Conclusion of assent procedure

1. Where Parliament is requested to give its assent to an international agreement or a legislative proposal, or in determination, pursuant to Article 7 of the EU Treaty, of a serious and persistent breach by a Member State of principles mentioned in Article 6(1) of that treaty (liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law), it shall consider the matter on the basis of a recommendation from the committee responsible to approve or reject the document on which Parliament has been consulted.

Parliament shall then take a decision on the document 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 relevant article of the EC Treaty or of the EU Treaty.

2. For accession treaties and international agreements and determination of a serious and persistent breach of common principles by a Member State, Rules 96, 97 and 108 shall apply respectively.

3. For legislative proposals 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 with the same majority as required for the final assent, the President shall request further discussion with the Council.

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

DIALOGUE BETWEEN MANAGEMENT AND LABOUR

Rule 87

Procedures relating to dialogue between management and labour

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

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

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

SUPERVISORY POWERS

Rule 88

Implementing provisions

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

2. The chairman or another designated member of the committee responsible may enter into a dialogue with the Commission. The committee responsible may propose to Parliament that it object to the measure. 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.

3. Where such a measure is referred to the Council and therefore to Parliament, the latter shall deal with it in accordance with Rule 112(2).

Rule 89

Official codification of Community legislation

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

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

3. Notwithstanding the provisions of Rule 158(3), the procedure without report 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 matters or of the committee responsible.

Rule 90

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

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

Rule 91

Proceedings before the Court of Justice

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

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

CHAPTER IX

BUDGETARY PROCEDURES

Rule 92

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(5).

Rule 93

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(6). This annex shall be adopted pursuant to Rule 181(2).

Rule 94

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 committee responsible for budgetary control and the other committees concerned.

2. Each year it shall, however, 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 X

TREATIES

Rule 95

ECSC Treaty amendments

1. Amendments proposed by the Commission and the Council under Article 95 of the ECSC Treaty shall be printed at the same time as the assenting opinion thereon delivered by the Court of Justice.

These documents shall be distributed and referred to the appropriate committee. In its report the committee shall recommend either adoption or rejection of the proposed amendment as a whole.

2. No amendment thereto shall be admissible, and split voting shall not be permitted. For adoption, the proposed amendment as a whole shall require a three-quarters majority of the votes cast, representing a two-thirds majority of the component Members of Parliament.

3. Any Member may table a motion for a resolution proposing to the Commission and Council amendments to the ECSC Treaty under Article 95 of that Treaty.

Such motions shall be printed, distributed and referred to the appropriate committee. They shall be adopted only if they secure the votes of a majority of the component Members of Parliament.

Rule 96

Accession treaties

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

2. Parliament may decide, on a proposal from the committee responsible, a political group or at least thirty-two Members, to request the Commission and the Council to take part in a debate before negotiations with the applicant State commence.

3. Throughout the negotiations the Commission and the Council shall inform the committee responsible regularly and thoroughly of the progress in the negotiations, if necessary on a confidential basis.

4. At any stage of the negotiations Parliament may, on the basis of a report from the committee responsible, adopt recommendations and require these to be taken into account before the conclusion of a Treaty for the accession of an applicant State to the European Union. Such recommendations shall require the same majority as the final assent.

5. When the negotiations are completed, but before any agreement is signed, the draft agreement shall be submitted to Parliament for assent.

6. Parliament shall give its assent to an application by a European State to become a member of the European Union by a majority of its component Members on the basis of a report by the committee responsible.

CHAPTER XI

INTERNATIONAL AGREEMENTS, EXTERNAL REPRESENTATION OF THE UNION AND COMMON FOREIGN AND SECURITY POLICY

Rule 97

International agreements

1. When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, the committee responsible shall ensure that Parliament is fully informed by the Commission about its recommendations for a negotiating mandate, if necessary on a confidential basis.

2. Parliament may, on a proposal from the committee responsible or a political group or at least thirty-two Members, request the Council not to authorise the opening of negotiations until Parliament has stated its position on the proposed negotiating mandate on the basis of a report from the committee responsible.

3. The committee responsible shall ascertain from the Commission, at the time it is intended to open negotiations, the chosen legal basis for concluding the international agreements referred to in paragraph 1. The committee responsible shall verify the chosen legal basis pursuant to Rule 63. Where the Commission fails to designate a legal basis, or where there is doubt about its appropriateness, Rule 63 shall apply.

4. Throughout the negotiations the Commission and the Council shall inform the committee responsible regularly and thoroughly of the progress in the negotiations, if necessary on a confidential basis.

5. At any stage of the negotiations Parliament may, on the basis of a report from the committee responsible, and after considering any relevant proposal tabled pursuant to Rule 49, adopt recommendations and require that these be taken into account before the conclusion of the international agreement under consideration.

6. When the negotiations are completed, but before any agreement is signed, the draft agreement shall be submitted to Parliament for opinion or for assent. For the assent procedure Rule 86 shall apply.

7. Parliament shall give its opinion on, or its assent to, the conclusion, renewal or amendment of an international agreement or a financial protocol concluded by the European Community by a majority of the votes cast.

8. If the opinion adopted by Parliament is negative, the President shall request the Council not to conclude the agreement in question.

9. If Parliament, by a majority of the votes cast, withholds its assent to an international agreement, the President shall notify the Council that the agreement in question cannot be concluded.

Rule 98

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

When the Commission and/or the Council are under an obligation to inform Parliament immediately and fully, pursuant to Article 300(2) of the EC Treaty, a statement shall be made in Parliament, followed by a debate. Parliament may issue recommendations pursuant to Rules 97 or 104.

Rule 99

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

1. Prior to the appointment of a High Representative for the common foreign and security policy, the President shall invite the President-in-Office of the Council to make a statement to Parliament, pu