DRAFT FOR A PROTOCOL REVISING THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES OF 8 APRIL 1965 IN RESPECT OF MEMBERS OF THE EUROPEAN PARLIAMENT
Date: 1984-11-30
Institutions: European Commission, Legal service
Subjects: Member of the European Parliament, Protocol (EU), parliamentary immunity, privilege

ARCHIVES HISTORIQUES 
DE LA COMMISSION 

COLLECTION RELIEE DES 
DOCUMENTS "COM" 

COM (84) 666 

Vol. 1984/0245 

 
 
 
 
 
 
 
 
 
 
 
 
Disclaimer 

Conformément  au  règlement  (CEE,  Euratom)  n°  354/83  du  Conseil  du  1er  février  1983 
concernant  l'ouverture  au  public  des  archives  historiques  de  la  Communauté  économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p.  1), tel que modifié  par le règlement (CE,  Euratom) n° 1700/2003  du  22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés  présents  dans  ce  dossier  ont  été  déclassifiés  conformément  à  l'article  5  dudit 
règlement. 

In  accordance  with  Council  Regulation  (EEC,  Euratom)  No  354/83  of  1  February  1983 
concerning  the  opening  to  the  public  of  the  historical  archives  of  the  European  Economic 
Community  and  the  European  Atomic  Energy  Community  (OJ  L  43,  15.2.1983,  p.  1),  as 
amended  by  Regulation  (EC,  Euratom)  No  1700/2003  of  22  September  2003  (OJ  L  243, 
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation. 

In  Übereinstimmung  mit  der  Verordnung  (EWG,  Euratom)  Nr.  354/83  des  Rates  vom  1. 
Februar  1983  über  die  Freigabe  der  historischen  Archive  der  Europäischen 
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, 
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003 
(ABI.  L  243  vom  27.9.2003,  S.  1),  ist  diese  Datei  der  Öffentlichkeit  zugänglich.  Soweit 
erforderlich,  wurden  die  Verschlusssachen  in  dieser  Datei  in Übereinstimmung mit  Artikel  5 
der genannten Verordnung freigegeben. 

 
COMMISSION  OF  THE  EUROPEAN  COMMUNITIES

CO M (84)  66 6   final

Br u s s e l s ,   30  No v e m b e r   1984

Draft  for  a  Protocol

revi sin g  the  Protocol  o n   the  Priv ile ge s  and  Immu nit ie s  

of  the  E u r o p e a n   Co m m u n i t i e s  

of  8  April  1965

in  respect  of  M e m b e r s   of  the  Eu r o p e a n   Parliament

C O M (84)  666  final

Draft

revision of  the Protocol  on Privileges  and Immunities of 

8  April  1965  to be submitted by  the Commission  to  the 

Council  in  accordance with  Artie Los  236  EEC,  204 Euratom

and 96  ECSC

(action in  ’"esponse to a request from Parliament dated 14 November  1983)

E x p l a n a t o r y   Memorandum

BACKGROUND

1.  By letter  from its President dated  11 October  1983,  Parliament  forwarded 

to  the Council  its Resolution of  15  September  1983  on the  Statute of  its 

members,  together with  the proposal  drawn up by its  enlarged Bureau  in 

accordance with paragraph  3  of  the Resolution.

The proposal  is  in  two parts  :

- Part A  :  Remuneration  and social  security benefits;

- Part B  :  Adaptations  to  the Protocol  on Privileges  and Immunities  of

8 April  1965.

The Resolution  and accompanying proposal  are  attached at Annex I.

2.  Part A contains  provisions“ concerning  the social  security benefits  and 

emoluments  of members of Parliament,  on whose behalf Parliament has  a 

right of initiative under Article 13 of  the Act of 20 September  1976 

concerning  the election of the representatives of the Assembly by direct 

universal  suffrage.

Since Article  13  of  the Act provides  that  the Commission shall be 

consulted by  the Council,  the  latter  sought  the Commission's  opinion by 

letter dated 9 December  1983.

  2  

-

-

The  Commi ssi on 

i s   c u r r e n t l y   s t u d y i n g   t h e   a b o v e m e n t i o n e d   p r o v i s i o n s  

and  w i l l   s u b m i t   an 

o p i n i o n   t o   t h e   C o u n c i l  

i n   due  c o u r s e .

3'.  This  draft 

on the other hand,  is  concerned with part B,  which deals

with adaptations  to  the. Protocol  on Privileges  and Immunities of 

8 April  1965.

This subject  is  not covered by Article  13 of the Act of 20 September  1976, 

so Parliament has no right of  initiative.  This being so,  oy letter  from 

its President dated 14  November  1983,  Parliament sent part B  to  the 

Commission,  requesting  it  to submit  the  instrument  to  the Council  in 

accordance with  the appropriate  procedures.

EXAMINATION OF PARLIAMENT'S REQUEST 

1.  Content

The revision of  the Protocol  on Privileges  and  Immunities '-ailed  for by 

Parliament  is  intended  to  achieve  as  for  as  possible equal  treatment of 

all members of Parliament,  by defining  their status  at Community  level 

rather  than by reference  to  national  law.  Whereas  the wording of  the current 

Protocol  is based on  freedom of movement  for members of the Europecn Parliament 

from their countries of origin  to  the places of work  in order  to take part 

in Parliament's  activities,  the proposed Statute  takes  account of the  fact 

that,  like the members  and staff of  the other  Institutions,  members of 

-'Parliament and  their  families  settle neai  one of  the places  of work.

The common Statute should ensure:

- freedom of movement within  the Community;

-  the right to withhold evidence;

- parliamentary immunity;

- assistance with removals Parliament's places of work.

-  3  -

The text of  the provisions which Parliament requests  the Commission  to 

insert  in  a draft revision of the Protocol  on Privileges  and  Immunities 

which  it would submit  to the Council  is  as  follows  (*)  :

Article 8

(single paragraph replacing  the former  first paragraph,  the second paragraph 

being deleted)

No adminis urative or other  restriction shall be  imposed  an  the  free 

movement  of Members of the Assembly  travelling within  th a Community.

Article  9

(paragraph  1 stands,  paragraph 2  new)

1. 

( . . . )

2.  Members  of  the Assembly may withhold evidence insofar  as  such evidence 

has  a bearing on their  activities  as  Members of the European Parliament.

To  that extent  the impounding of documents  shall also be  forbidden.

Article  10  (new)

Members  of  the Assembly shall  enjoy  in  the  territory of  he Member  States 

immunity  from any measure of detention  and from legal pr< ceedings.

Immunity cannot be claimed when  a Member  is  found  in  the  act of committing 

an offence  and shall  not  prevent  the  Assembly  from exerc;sing  its right 

to waive  the  immunity of one  of  its  Members.  Further  pro\isions  shall  be 

laid down  in  the Rules of Procedure of  the Assembly.

Article  19a  (new)

Article  12,  (b)  to  (e),  and .Articles  14  and  18  shall  also apply to 

Members of  the Assembly.

(*)  The current  text of  the articles  in question is  set out  in  full  in 

Annex  II.

4

2.  Assessment

Parliament's  request  seems  on  the whole  justified,  provided certain limits 

to the privileges and immunities  are  specified and certain  improvements 

are made to  the  form.

Regarding  freedom of movement

The Protocol  can ensure  the  free movement of members  of  the European 

Parliament  only in so  far  as  such movement  takes  place  in connection with 

the performance of  their duties.

This  restriction can be  inserted by  amending  the current  /article 8  of  the 

Protocol  as  follows:

"No administrative or other  restriction  shall be  imposed on  the  free movement 

of members of  the Assembly  travelling  within  the Community  in connection 

with  the performance of  their  duties."

Regarding the transfer of residence

For purposes  of clarification  and  in keeping with Parliament's  objective, 

which seems  to be  to grant  the right of  transfer of reside nee only as  tar 

as  its  own places of work  are concerned  (cf.  page  1,  point  6  c  of  its 

proposal  :  "the  possibility of  [x?rnanent1y  residing  at  tin  place  (or  places) 

at which  the  institution concerned  undertakes  its  activiti ?s"t, the  follo­

wing wording might be considered:

"Article  12  (b)  to  (e)  and Article  14  shall  apply  to members of  the 

Assembly who  take  up residence  at one of  the places of wore of  the 

Assembly."

Moreover,  this  provision belongs more  in  the chapter entlited  "Members 

of the Assembly"  than  in  the general  provisions.

It  is  therefore proposed that the  above  text be  inserted  in  Article 8  in 

lieu of  the second paragraph,  instead of  turning  it  into an  ArticJe  19  a 

as requested by Parliament.

-  5  -

The reference  in Parliament's  text to Article 18 would te replaced 

by an  amendment of  that  article,  with  the addition of  "and to 

members of the Assembly"  after  "other servants of the Communities".

Summary

The amedments would  thus  affect  Articles  8,  9 ,  10 ;md  18,  without  the 

addition of a new Article  I'M.

A draft revision  is  attache«i  (Annex III).

IMPROVEMENT OF THE TORDING OF THE PROTOCOL WHICH MK iHT BE ACHIEVED AT 

THIS JUNCTURE

Article  15  of  the Protocol  is  now superseded by Article  24 of  the 

Treaty establishing a Single Council  and a Single Commission of  the 

European Communities.  It  is  considered advisable to take  the 

opportunity afforded by  the draft  amendment  to  adapt Article  15.

A N N E X E S

ANNEX  I

ANNEX  II

ANNEX  III

Request  from  the· European Parliament

Relevant  articles of  the Protocol  on Privileges 
and Immunities

Draft revision of  the Protocol  on Privileges 
and  Immunities

a n n e x I

REQUEST FROM THE EUROPEAN PARLIAMENT

iannex L )  

,  Z ?

European Parliament 

The President

Strasbourg,  14 November  1983

Mr Gaston THORN 
President of  the Commission

Commission of  the 
European Communities 
200,  rue de  la Loi 
B  -  1040 Brussels

Sir,

Following a resolution  adopted by Parliament on 15  September,  the enlarged 

Bureau,  at its  meeting on 29  September,  approved a draft  Statute  amending 

the Protocol  on Privileges  and Immunities of 8  April  1965.  This  draft was 

sent  to  the Council  on  11 October.

I have  the honour  to  forward  to you this  proposal  and request  the 

Commission to  submit  to  the Council,  in  accordance with  the appropriate 

procedures,  the text concerning  the amendments  to  the Protocol  on Privi­

leges  and Immunities.

(Complimentary close)

P.  DANKHRT

Annexes

^Annex I) .  5>

E U R O P E A N  

P A R L I A M E N T

e n l a r g e d  BUREAU

PROPOSAL 

for  a

common Statute 

of

Members  of the European Parliament

Part B  :  Adaptations  to  the Protocol  on Privileges  and Immunities 

of 8  April  1965

29  September  1983

PE  67.748

(Annex I ) . t/

1. 

At  the cotranencament  of  its activities,  the Working  Party  already  found 

that  the provisions^"  relating to Members  of  the  European  Parliament  in  the 

Protocol  on  Privileges and  Immunities  of  8 April  1965  required certain 

changes and additions.  On  19  September  1980  the Working  Party  decided  to 

define  the necessary changes  in detail  to enable  the  European  Parliament  to 

submit appropriate  proposals  if necessary  to  the Member  States.

2. 

From  the  procedural angle  it will be noted  that  the  Protocol  on  the 

Privileges and  Immunities  of  the  European Communities  is directly  linked

with  the Merger  Treaty  and  thus constitutes a  treaty  between  the Member  States 

which can  only be amended by a  further  treaty  between  the Member  States.

In  formal  terms  the Commission  (pursuant  to Article  236  EEC)  is  empowered 

to propose amendments  to  treaties and also  to a  protocol.  Parliament  need 

only be consulted  on  proposed amendments  of  this kind.  However  it  is certain- 

ly  possible  for  Parliament  to draft  proposed  texts and  submit  them  to  the 

Commission  to enable  the  latter  to  initiate  the  procedure  under  Article  236 

EEC which requires  the assent  of -the  parliaments  of  all  the Member  States.

3. 

Chapter  III  of  the  Protocol headed  'Members  of  the Assembly'  deals  only 

with certain areas  of  the  Statute  of Members:

-  Protection against  legal  proceedings  in  respect  of  the  performance  of 

parliamentary  duties  (Article  9)

-  Immunity  against  legal  proceedings  (Article  10)

-  Facilities during  travel  (Article  8).

4. 

A comparison with  the  status defined  in  the  Protocol  for  permanent 

members  of  other  institutions  (i.e.  members  of  the Commission,  Court  of 

Auditors and Court  of  Justice)  shows  immediately  that  provisions applicable

in  the  past  to Members  of  the  European  Parliament were based  on  a  fundamentally 

different approach!

When  the  Protocol was drafted all  Members  of  the  European  Parliament 

were  necessarily members  of  a  national  parliament.  Their  status  in  the 

European  Parliament was  derived  from  their  national  status.  It was  therefore 

justifiable  to view  the Community  provisions  on  their  status as a  mere 

addition by reason  of  the  fact  that activi  les  in  the  European  Parliament 

were  only  secondary.

1 The  text  is reproduced  in  an  annex.

Articles  8-12 apply  to Members  of  the  European  Parliament.

  2 

-

-

P E   6 7 .   7 4 8

(Annex I ). 5

5. 

Thia  situation has  undergone a  fundamental change  since direct 

•lections but  the Protocol has not been adapted accordingly:

The  overwhelming majority  of Members no  longer belong  to a  national 

parliament and  fojf' a great many  Members  of  the  European  Parliament  their 

activities  in  that  parliament are  their  principal  occupation.  It  should also 

be  noted  that  the mandate  of  these Members  is  no  longer derived  from a 

decision  of  the national  parliaments but  from direct  election by  all  the 

citizens  of  the Community Member  States.

6. 

It  follows  from  this change  in circumstances due  to  the direct 

elections  that  the Members  of  the European  Parliament  are now  appointed  to 

their  office  in a  similar manner  to  the members  of  the  other  institutions 

who hold and  exercise  their  mandates  for  a  definite  period  of  time.  On  tne 

basis  of  the  legal  status accorded by  the  Protocol  on  Privileges and

*

Immunities  to Members  of  the Commission,  Court  of  Justice and Court  of 

Auditors,  the  following conclusions can be drawn:

(a)  The  status  of  fully  employed member  of a Community  institution  neces­

sitates as  far  as  possible  equal  treatment  of all members  of  the 

institution  and a  definition  of  their  status at Community  level.

(b)  The  status  of  full-time member  of a Community  institution requires  the 

maximum  freedom  of  movement within  the Community  to  enable  the  persons 

concerned  to  effectively  perform  the duties  attributed  to  their 

institution.

(c)  Finally  the  status  of  full-time member  of a  Community  institution 

necessitates  the  possibility  of  permanently  residing  at  the  place  (or 

places)  at which  the  institution concerned  undertakes  its activities 

without  hindranco  from  taxation,  currency,  labour  law and  other 

administrative  provisions.

7. 

In  the case  of Members  of  the  European  Parliament,  there are at  present 

many  shortcomings  in  this  stacus:

The  principle  cf  equal  treatment does  not apply  to parliamentary  immunity  . 

, . 

. 2

Article  10  of  the  Protocol  admittedly grants a  specific  Community  immunity 

from legal  proceedings  to Members  of  the  European  Parliament but  this  immunity 

is  essentially based  on  the  immunity  'of  their  own  state'.  The  European 

Parliament  must  therefore  examine  in  each case which  law  of  immunity  is 

applicable  in  the Member  State whose  nationality  the Member  of  Patliamanc 

concerned has when an application  for  immunity  to be  lifted  is made.  However,

2  The problem  of  equal  financial  treatment has  already  been discussed by  the 

Working  Party,  see  report by Mr  Simpson,  Doc.  PE 63.928/rev.

-   3 

-

PE   6 7 . 7 4 8

(Annex I), 6

since procedural  law  forms  part  of  the  national  law  of  immunity,  the 

European  Parliament  ic  obliged  to examine  in  each case whether  the  national 

procedures  (which  naturally differ)  are  observed.  This  is  not  only  time- 

consuming but alBO entails a  risk of  incorrect  interpretation  of  the 

relevant national  law.  For  this  reason alone  the creation  of  a  Community 

Law  on  Immunity  is  imperative·3.

8. 

Freedom  of movement  of Members  of  the European  Parliament within  the 

Community as a whole has also not yet been achieved  in a manner  appropriate 

to  the  European mandate.  Article  8(1)  of  the  Protocol  only  exempts  the 

Member  from administrative and other  limitations  on  the  journey  to and from 

the  place  of meeting  of  the Assembly.  On  all  other  journeys  the general 

provisions  on  entry and  residence applicable  to EC  citizens also appLy  to 

Members  of  the European  Parliament.  This means  for  instance  that  a  Member 

whO'is not  travelling  to  the  place  of meeting  of  Parliament can be  refused 

entry by  invoking  reasons  of  public  security  and  public  order.

Since  the  journeys  effected by  Members  of  the  European  Parliament  in  the 

context  of  their manifold duties cannot be confined  to  travel  to and  from 

the  place  of meeting,  the  Protocol  should be amended by  deleting  the  words 

'to  or  from  the  place  of meeting  of  the Assembly'  in Article  8.

9. 

The wording  of Article  3  of  the  Protocol  is moreover clearly  based  on 

the assumption  that Members  of  the  European  Parliament  only  travel  abroad

'temporarily'.

In practice however an  increasing  number  of Members  find  it  necessary 

to establish a  residence  outside  their  home country  at  the  place  of  work  of 

Parliament.  In  the case  of  Members  of  the Commission  -  who are  only  appointed 

for a  four-year  terra  of  office-  the  Protocol  obviously  assumes  that  they  will 

have  to move  their  residence  to the  place  of work.

3

The  special  status  of  judges  of  the European Court  of Justice appears  from 
Article  3  of  the  Statute  of  the Court which reads as  follows:

‘The  judges  shall be  immune  from  Legal  proceedings.  After  they  have 
ceased  to hold  office,  they  shall continue  to enioy\ immunity  in  resoect 
of acts performed by  them, in  their  official capacity,  including  words 
spoken  or written.

The Court,  sitting  in  plenary  session,  may  waive  the  immunity.

Where  immunity has been waived and criminal  proceedings are  instituted 
against a  judge,  he  shall be  tried,  in any  of  the Member  States,  only 
by  the Court competent  to  judge  the members  of  the highest national 
judiciary.'

-  4

PE  6 7 . 7 4 8

(Annex I)

This  transfer  of  residence  to another country necessitated by  reasons 

of  the mandate  is accompanied by a. number  of  special rules  laid down  in 

Articles  12 and 14  of  the Protocol and hitherto applicable  only  to  officials 

and Members  of  the Commission,  Court  of Justice,  Court  of Auditors and  to 
Members of  the Batik  .

The  following  points are particularly  relevant  to Members  of  Parliament 

who have  to change  their  place  of  residence  to one  of  the  places  of work  of 

.the Community  Institutions  for  the duration  of  their mandate;

-  the right  to freely  import  furniture and personal  effects  including  a 

motor  vehicle,

-  the right  to  transfer currency without  restriction,

-  exemption  from  immigration restrictions and  formalities  for  thu  registration 

of aliens,

-  place  of residence  for  taxation  purposes  remaining  in  the country  of 

origin  (for  purposes  of  income  tax,  capital  tax and death duties) .

It would  seem appropriate  to make  these provisions  of  the  Protocol  applicable 

to Members  of  the  European  Parliament  through an addition  to  the  text of  the 
Protoc ol.

10.  Provisions  not  so  far  embodied  in  the  Protocol but applicable  m   the 

parliamentary  law  of  certain Member  States  include  the  right  to withhold 

evidence  .  A Member  of  Parliament may  invoke  this  right  if he  is called  co 

account  in  the courts  for matters which have become known  to him  in his 

capacity  as a  Member  of  Parliament.  It would  seem desirable  to incorporate 

a  corresponding  provision  in  the  Protocol  on  Privileges and  Inmunities.

11.  If  the Working  Party approves  the amendments and additions  outlined 

above  to  the  Protocol  on  Privileges and  Immunities,  the  following  legal  text 

might be adopted  in  the  form  of a  resolution  of  the  European  Parliament and 

forwarded  to  the Commission,  Council  and governments  of  the Member  States

in  order  to  open  the  procedure necessary  to amend  the  existing  Protocol:

4

5

See text  of Articles  12 and  14  in  the annex.

See  e.g.  Article  47  of  the German  Basic  Law:  Members  of  Parliament  shall
be  entitled  to withhold evidence concerning  persons with whom  they  have 
had dealings  in  their capacity  as Members  of  Parliament  or  to whom  they 
have divulged  facts  in  that  same capacity  as well  as  evidence  in  respect 
of  the  facts  themselves.  To  the  extent covered by  this  right  to withhold 
evidence,  the  impounding  of documents  shali  ce  prohibited.

(for  the articles which  are  to be  amended,  see Annex II,  comumn.  2)

-   5  -

PE  6 7 . 7 4 8

Protocol  on  the

Privileges  and  Immunities  of  the 
European Communities

ANNEX  II

CURRENT TEXT

CHAPTER  111

MEMBERS  OF THE ASSEMBLY

Article  3

No  adni.nijlralive  or  other  restriction  shall  be  imposed  on  the 
free  movement  of  members  of  the  Assomb'y  traveling  to  or  iron' 
the  place  of  meeting  of  the  Assembly.

Members  of  the  Assembly  shall,  in  respect  of  customs  and 

exchange  control,  be  accordej.

(aj  by  their  own  Government,  ihe  same  facilities  ar  those  ac­
corded  to  senior  officials  travelling  abroad  on  temporary  offici.i’ 
missions'.

(b)  bj  the  Governments  of  other  Member  States,  the  same  facih 
ties  as  those  accorded  to  icpresentatives  of  foreign  Government 
on  temporary  off eial  missions.

PARLIAMENT'S REQUEST

Article  8  (paragraph  1  new,  remainder deleted)

No  administrative or other  restriction shall be  imposed on  the  free 
movement of Members  of  the Assembly  travelling within  the Community.

COMMISSION PROPOSAL

Article  1

Article 8  is  replaced by  the  following  :

"No  administrative or  other  restriction shall be  imposed on  the  free 
movement of members  of  the Assembly travelling within  the Community  in 
connection with  the performance of  their duties."

Article  12  (b)  to  (e)  and Article  14  shall  apply to members  of the 
Assembly who  take up residence  at one  of  the places of work of  the 
Community  institutions."

IT-  5

(Annex II) ,

Protocol  on the

Privileges  and  Immunities  of  the 
European Communities

CURRENT TEXT

A r t ic le   9

Members  of  (he  Assembly  shall  not  be  subject  to  any  form  of 
inquiry,  detention  or  legal  proceedings  in  respect  of  opinions  c v  
pressed  or  votes  cast  by  them  in  the  performance  of  their  duties.

PARLIAMENT 'S REQUEST

1 . . . . . . .

Article  9  (paragraph  1 stands,  paragrapfh  2  new)

2.  Members  of  the Assembly may withhold evidence  insofar  as  such evidence 

has  a bearing on their  activities  as Members  of the European Parliament, 
To  that extent  the  impounding of documents  shall  also be  forbidden.

COMMISSION PROPOSAL

Article  2-

The  following paragraph  is  added to Article 9  :

(cf.  Parliament's  request)

Protocol  on the

Privileges  and Immunities  of the 
European Communities

TTSnnuX  11)

CURRENT  TEXT

A r t i c l e   10

During  'he  »euion*  of  the  Assembly,  in  member*  shall  enjoy:
in  the  territory  of  (heir  own  Siaie,  the  immunities  accorded 

i.i  member*  of  iheir  parliament;

(ft)  in  (he  territory  of  any  other  Member  State,  nnmumty  from 

m*:' sure  of  detention  and  from  legal  proceedings.

Immunity  shall 

likewise  apply 

to  members  while 

they  are 

ti.oelling  to  and  from  the  place  of  meeting  of  the  Assembly.

Immunity  cannot  be  claimed  when  a  member  is  found  in  the  act 
..f committing  an  offence  and  shall  not  prevent  the  Assemb'y  from 
.-serening  its  right  to  waive  the  immunity  of  one  of  its  members.

PARLIAMENT'S REQUEST

Article  10  (new)

Membera  of  the Assenbly  shall  en^oy  in  the  territory  of  the  Member 

Statee  immunity  from any measure  of detention  and  from  legal  proceedings.

immunity cannot be claimed when  a  Member  is  found  in  the  act  of 

committing  an  offence  and  shall  not  prevent  the Assembly  from  exercising 

its  right  to waive  the  immunity  of  one  of  its  Members.  Further  provisions 
shall  be  laid  down  in  the Rules  of  Procedure  of  the Assembly.

COMMISSION PROPOSAL

Article  3

Article  10  is  replaced by  the  following

(cf.  Parliament's  request)

Protocol  on the

Privileges  and  Immunities of  the 
European Communities

(Annex II), (y

CURRENT TEXT

CHAPTER  VII

GENERAL PROVISIONS

Article  18

Privileges,  immunities  and  facilities  shall  be  accorded  to  officials 
and  other  servants  of  the  Communities  solely  in  the  interests  of 
ihe  Communities.

Each  institution  of  the  Communities  shall  be  required  to  waist 
the  immunity  accorded  to  an  official  or  other  servant  whertvtr 
that  institution  considers  that  the  waiver  of  such  immunity  is  not 
contrary  to  the  interests  of  the  Communities.

PARLIAMENT'S REQUEST

COMMISSION PROPOSAL

Article  5

.tee

h r

In Article  18,  after  the words  "other  servants  of  the Communities",  are 
added  the vrords  "and  to members  of  the Assembly".

Protocol  on the

Privileges  and Immunities  of  the 
European Communities

l Annex ll),^>

CURRENT TEXT

PARLIAMENT 1S REQUEST

Article  19a  (new)

Article  12,  (b)  to  (e),  and Articles  14  and 
Members  of  the Assembly.'

18  shall  also apply  to

( 0

COMMISSION PROPOSAL

( 0

( 2 . )

see  page  II.l 

see page  I I .4

ANNEX III

Draft  for  a  Prot oco l

revi sin g  the  Protocol  on  the  Pr i v i l e g e s   and  Immu nit ie s  

of  the  E u r o p e a n   C o m m u n i t i e s  

of  8  April  1965

in  re spect  of  M e m b e r s   of  the  E u r o p e a n   Pa rl iament

His Majestv  the King of  the Belgians,

Her Majesty  the.Queen of Denmark,

The President of the Federal Republic  of Germany,

The President of the Hellenic Republic,

The President of  the French Republic,

The President of  Ireland,

The President of  the  Italian  Republic,

His Royal  Highness  the Grand Duke of Luxembourg,

Her Majesty the Queen of-the Netherlands,

Her Majesty  the Queen of the United Kingdom of Great Britain  and 

Northern  Ireland,

Having regard to Article 96  of the Treaty establishing the European Coal 

and Steel  Community,

Having regard  to Article 236  of the Treaty establishing the European Economic 

Community,

Having regard to Article 204 of Treaty establishing the European Atomic 

Energy Community,

Having regard to the Resolution of the European Parliament of  15  September  1983

•1
on  the  S t at ute  of  M e m b e r s   of  the  Eu r o p e a n   Pa rl iam en t  ,

-OJ  No  C  277,  1 7 . 1 0 . 1 9 8 3 ,   p.  135

W h e r e a s   w h e n   the  Pr o t o c o l   o n   the  P r i v i l e g e s   and  I m m u n i t i e s   of  the  Eu r o p e a n

C o m m u n i t i e s   of  8  April  1965  was  d r a f t e d   all  the  m e m b e r s   of  the  E u r o p e a n  

P a r l i a m e n t   were  a p p o i n t e d   by  a  n a t i o n a l   p a r l i a m e n t   and  n e c e s s a r i l y   me m b e r s  

th e r e o f ;   w h e r e a s   the  di r e c t   e l e c t i o n   of  m e m b e r s   of the  P a r l iam en t  has  al t e r e d  

that  si t u a t i o n ,   but  the  P r ot oco l  has  not  b e e n   a d a p t e d   a c c o r d i n g l y ;

Whereas  freedom of movement within  the Community  and  the possibility 

of residing,  without  administrative restrictions,  at  the  places  where 

the institution carries  on  its  activities,  which  are  already guaranteed 

by  the  said  Prot oco l  in  the  case  of  the  m e m b e r s   of  the  ot he r  i n s t i t u t i o n s  

of  th e   C o m m uni ty ,  are  al so  n e c e s s a r y   for  m e m b e r s   of  the  P a r l i a m e n t   in  the 

p e r f o r m a n c e   of  th ei r  d u t i e s   in  or d e r   to  en s u r e   the  e f f e c t i v e n e s s   of  the 

i n st itu ti on;

Whereas  it  also  appears  necessary  to  confer  on members  of  the Assembly 

the right to withhold evidence  from a  court regarding  facts  of which 
they  have  b e c o m e   aw ar e  in  th e i r   c a p a c i t y   as  me m b e r s ;

Whereas  on the occasion of an  amendment  of  the  said  P r ot oco l 

it  is  n e c e s s a r y   to  h a r m o n i z e   the  w o r d i n g   of  A r t i c l e   15  t h e r e o f   with 

that of Article  24  of  the Treaty establishing a Single Council  and a 

Single Commission of the European Communities,

HAVE DECIDED to  amend Articles  S,  9,  10,  15  and  18  of  the  P r ot oco l  on  the 

Privileges  and  Immunities  of  the European Communities,  and  to  this  end 

HA VE  D E S I G N A T E D   as  t h e i r   P l e n i p o t e n t i a r i e s :

His Majesty  the -^ing of  the Belgians

Her Majesty the Queen of Denmark

The President of  the Federal Republic  of Germany

The President of  the Hellenic Republic

The President of  the French Republic

The President of  Ireland

The President  of  the  Italian Republic

His Royal  Highness  the Grand Duke of Luxembourg

Her Majesty the Queen of the Netherlands

Her Majesty the Queen of the United Kingdom of Great Britain and 

Northern Ireland

WHO,  having exchanged  their Full Powers,  found  in good and due form 

HAVE  AGREED  as  follows:

The  Pr o t o c o l   on  the  P r i v i l e g e s   and  I m m u n i t i e s   of  the  E u r o p e a n   C o m m u n i t i e s   is 

Sole  A r t i c l e

h e r e b y   a m e n d e d   as  f o ll ows :

1.  A r t i c l e   8  is  re p l a c e d   b y   the  f o l l o w i n g :

" A r t i c l e   8

N'o  administrative or other restriction shall  be  imposed on the  free movement 

of members  of  the Assembly travelling within  the Community  in connection with 

the performance of their duties.

A r t i c l e   12  (b)  (c),  (d)  and  (e)  and  A r ti cle  14  shall  ap pl y  to  m e m b e r s   of  the 

A s s e m b l y   who  take  up  re s i d e n c e   at  one  of  the  pl a c e s   of  work  of  the  A s s e m b l y . "

2.  The  following paragraph  is  added  to  Article  9:

"Members  of  the Assembly may withhold  evidence  in so  far  as  such  evidence 

has  a bearing on their  activities  as Members  of  the  Assembly.  To  that  extent 

the  impounding  of  documents  shall  also  be  forbidden."

3.  A r t i c l e   10  is  r e p l a c e d   by  the  f o l l o w i n g :

"A r t i c l e   10

"Members  of  the Assembly shall  enjoy  in  the  territory of  the Member  States 

immunity from any measure of detention  and  from  legal  proceedings.

Immunity cannot be claimed when  a member  is  found  in  the  act of committing 

an offence  and shall  not prevent  the Assembly  from exercising  its  right 

to waive  the immunity of one  of  its members.  Further provisions shall  be  laid 

down  in  the Rules  of Procedure of  the Assembly."

4.  In Article 15,  the word  "unanimously"  is  replaced by the expression 

"by a qualified majority".

5.  In Article  18,  after  the words  "other  servants  of  the Communities"  are  added 

the words  " and  to  members  of  the  Assembly".

IN  WITNESS  THEREOF,  the undersigned Plenipotentiaries  have signed this Treaty.

Brussels,