A4-0003/95

Resolution on a decision of the European Parliament, the Council and the Commission on the detailed provisions governing the exercise of the European Parliament's right of inquiry and a modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty

The European Parliament,

- having regard to the Treaty on European Union and, in particular, Articles 138c and 189b of the EC Treaty, Article 20b of the ECSC Treaty and Article 107b of the EAEC Treaty,

- having regard to its resolution of 17 December 1992 on parliamentary committees of inquiry ((OJ C 21, 25.1.1993, p. 147.)),

- having regard to its resolution of 16 December 1993 on questions of commitology relating to the entry into force of the Treaty on European Union ((OJ C 20, 24.1.1994, p. 176.)),

- having regard to the Interinstitutional Agreements initialled on 20 December 1994,

- having regard to Rule 148 of its Rules of Procedure,

- having regard to the report of the Committee on Institutional Affairs (A4-0003/95),

A. whereas the compromise reached between the three institutions on the provisions governing the European Parliament's right of inquiry are the best result that can be achieved from the Council; whereas consideration should be given to whether these provisions should be revised in the light of the experience acquired during the current parliamentary term,

B. whereas the modus vivendi concerning the questions of commitology may be seen as a pragmatic and provisional means of dealing with the problems raised by the application of the procedure under Article 189b, on the understanding that a definitive and fully democratic solution to these problems must be found at the 1996 Intergovernmental Conference,

1. Endorses the decision of the European Parliament, the Council and the Commission on the detailed provisions governing the exercise of the European Parliament's right of inquiry, as set out in Annex I;

2. Approves the modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty, as set out in Annex II;

3. Instructs its President to forward this resolution to the Council and the Commission and to take the necessary measures to ensure that the abovementioned texts are published in the Official Journal following their approval by the institutions concerned.

Annex IDecision of the European Parliament, the Council and

the Commission of ... on the detailed provisions governing

the exercise of the European Parliament's right of inquiry

The European Parliament, the Council and the Commission,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 20b thereof,

Having regard to the Treaty establishing the European Community, and in particular Article 138c thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 107b thereof,

Whereas the detailed provisions governing the exercise of the European Parliament's right of inquiry should be determined with due regard for the provisions laid down by the Treaties establishing the European Communities;

Whereas temporary committees of inquiry must have the means necessary to perform their duties; whereas, to that end, it is essential that the Member States and the institutions and bodies of the European Communities take all steps to facilitate the performance of those duties;

Whereas the secrecy and confidentiality of the proceedings of temporary committees of inquiry must be protected;

Whereas, at the request of one of the three institutions concerned, the detailed provisions governing the exercise of the right of inquiry may be revised as from the end of the current term of the European Parliament in the light of experience,

HAVE BY COMMON ACCORD ADOPTED THIS DECISION:

Article 1The detailed provisions governing the exercise of the European Parliament's right of inquiry shall be as laid down by this Decision, in accordance with Article 20b of the ECSC Treaty, Article 138c of the EC Treaty and Article 107b of the EAEC Treaty.

Article 21. Subject to the conditions and limits laid down by the Treaties referred to in Article 1 and in the course of its duties, the European Parliament may, at the request of one quarter of its Members, set up a temporary committee of inquiry to investigate alleged contraventions or maladministration in the implementation of Community law which would appear to be the act of an institution or a body of the European Communities, of a public administrative body of a Member State or of persons empowered by Community law to implement that law.

The European Parliament shall determine the composition and rules of procedure of temporary committees of inquiry.

The decision to set up a temporary committee of inquiry, specifying in particular its purpose and the time limit for submission of its report, shall be published in the Official Journal of the European Communities.

2. The temporary committee of inquiry shall carry out its duties in compliance with the powers conferred by the Treaties on the institutions and bodies of the European Communities.

The members of the temporary committee of inquiry and any other persons who, by reason of their duties, have become acquainted with facts, information, knowledge, documents or objects in respect of which secrecy must be observed pursuant to provisions adopted by a Member State or by a Community institution shall be required, even after their duties have ceased, to keep them secret from any unauthorized person and from the public.

Hearings and testimony shall take place in public. Proceedings shall take place in camera if requested by one quarter of the members of the committee of inquiry, or by the Community or national authorities, or where the temporary committee of inquiry is considering secret information. Witnesses and experts shall have the right to make a statement or provide testimony in camera.

3. A temporary committee of inquiry may not investigate matters at issue before a national or Community court of law until such time as the legal proceedings have been completed.

Within a period of two months either of publication in accordance with paragraph 1 or of the Commission being informed of an allegation made before a temporary committee of inquiry of a contravention of Community law by a Member State, the Commission may notify the European Parliament that a matter to be examined by a temporary committee of inquiry is the subject of a Community prelitigation procedure; in such cases the temporary committee of inquiry shall take all necessary steps to enable the Commission fully to exercise the powers conferred on it by the Treaties.

4. The temporary committee of inquiry shall cease to exist on the submission of its report within the time limit laid down when it was set up, or at the latest upon expiry of a period not exceeding twelve months from the date when it was set up, and in any event at the close of the parliamentary term.

By means of a reasoned decision the European Parliament may twice extend the twelve-month period by three months. Such a decision shall be published in the Official Journal of the European Communities.

5. A temporary committee of inquiry may not be set up or re-established with regard to matters into which an inquiry has already been held by a temporary committee of inquiry until at least twelve months have elapsed since the submission of the report on that inquiry or the end of its assignment and unless any new facts have emerged.

Article 31. The temporary committee of inquiry shall carry out the inquiries necessary to verify alleged contraventions or maladministration in the implementation of Community law under the conditions laid down below.

2. The temporary committee of inquiry may invite an institution or a body of the European Communities or the Government of a Member State to designate one of its members to take part in its proceedings.

3. On a reasoned request from the temporary committee of inquiry, the Member States concerned and the institutions or bodies of the European Communities shall designate the official or servant whom they authorize to appear before the temporary committee of inquiry, unless grounds of secrecy or public or national security dictate otherwise by virtue of national or Community legislation.

The officials or servants in question shall speak on behalf of and as instructed by their Governments or institutions. They shall continue to be bound by the obligations arising from the rules to which they are subject.

4. The authorities of the Member States and the institutions or bodies of the European Communities shall provide a temporary committee of inquiry, where it so requests or on their own initiative, with the documents necessary for the performance of its duties, save where prevented from doing so by reasons of secrecy or public or national security arising out of national or Community legislation or rules.

5. Paragraphs 3 and 4 shall be without prejudice to any other provisions of the Member States which prohibit officials from appearing or documents from being forwarded.

An obstacle arising from reasons of secrecy, public or national security or the provisions referred to in the first subparagraph shall be notified to the European Parliament by a representative authorized to commit the Government of the Member State concerned or the institution.

6. Institutions or bodies of the European Communities shall not supply the temporary committee of inquiry with documents originating in a Member State without first informing the State concerned.

They shall not communicate to the temporary committee of inquiry any documents to which paragraph 5 applies without first obtaining the consent of the Member State concerned.

7. Paragraphs 3, 4 and 5 shall apply to natural or legal persons empowered by Community law to implement that law.

8. Insofar as is necessary for the performance of its duties, the temporary committee of inquiry may request any other person to give evidence before it. The temporary committee of inquiry shall inform any person named in the course of an inquiry to whom this might prove prejudicial; it shall hear such a person if that person so requests.

Article 41. The information obtained by the temporary committee of inquiry shall be used solely for the performance of its duties. It may not be made public if it contains material of a secret or confidential nature or names persons.

The European Parliament shall adopt the administrative measures and procedural rules required to protect the secrecy and confidentiality of the proceedings of temporary committees of inquiry.

2. The temporary committee of inquiry's report shall be submitted to the European Parliament, which may decide to make it public subject to the provisions of paragraph 1.

3. The European Parliament may forward to the institutions or bodies of the European Communities or to the Member States any recommendations which it adopts on the basis of the temporary committee of inquiry's report. They shall draw therefrom the conclusions which they deem appropriate.

Article 5Any communication addressed to the national authorities of the Member States for the purposes of applying this Decision shall be made through their Permanent Representations to the European Union.

Article 6At the request of the European Parliament, the Council or the Commission, the above rules may be revised as from the end of the current term of the European Parliament in the light of experience.

Article 7This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.

Annex IIMODUS VIVENDIbetween the European Parliament, the Council and

the Commission concerning the implementing

measures for acts adopted in accordance with the procedure

laid down in Article 189b of the EC Treaty

1. These guidelines are intended to overcome the difficulties which have arisen in the adoption of acts in accordance with the procedure laid down in Article 189b of the EC Treaty for reasons connected with the question of committee procedure.

2. They in no way prejudice the positions of principle expressed by the three institutions.

3. The three institutions note that the question of the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty, when the adoption of such measures is entrusted to the Commission, will be examined in the course of the revision of the Treaties planned for 1996, at the request of the European Parliament, the Commission and several Member States. The Reflection Group will be invited to examine the question.

4. The appropriate committee of the European Parliament shall be sent, at the same time and under the same conditions as the committee referred to in the basic act, any draft general implementing act submitted by the Commission and the timetable for it.

The Commission shall notify the appropriate European Parliament committee if a specific measure needs to be adopted urgently and shall also notify it of any other possible difficulty. The appropriate European Parliament committee shall undertake to use urgent procedure where necessary.

The Commission shall inform the appropriate European Parliament committee when measures adopted or envisaged by the Commission are not in accordance with the opinion delivered by the committee referred to in the basic act or when, in the absence of an opinion, the Commission must submit a proposal to the Council regarding a measure to be taken.

5. The Council shall adopt a draft general implementing act which has been referred to it in accordance with an implementing procedure only after

* informing the European Parliament, setting a reasonable time limit for obtaining its Opinion and,

* in the event of an unfavourable Opinion, taking due account of the European Parliament's point of view without delay, in order to seek a solution in the appropriate framework.

The act shall in any case be adopted by the deadlines laid down in the specific provisions of the basic act.

6. In the context of this modus vivendi, the Commission shall take account as far as possible of any comments by the European Parliament and shall keep it informed at every stage of the procedure of the action which it intends to take on them, so as to enable the Parliament to assume its own responsibilities in full knowledge of the facts.

7. This modus vivendi shall apply with effect from the date of its approval by the three institutions.