Resolution on the draft Statute for Members of the European Parliament
Date: 1999-05-05
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Member of the European Parliament, occupational status, parliamentary allowance

1.10.1999

EN

Official Journal of the European Communities

C 279/171

Wednesday 5 May 1999

PART II

Texts adopted by the European Parliament

1.  Approval of the President-designate of the Commission

B4-0453/99

Resolution on the nomination of the Commission President

The European Parliament,

−  having  regard  to  Article  214  of  the  EC  Treaty  and  to  Declaration  No  32  on  the  organisation  and

functioning of the Commission annexed to the Final Act of the Treaty of Amsterdam,

−  having regard to the nomination of Romano Prodi as President of the Commission by the Heads of

State and Government at the European Council in Berlin,

−  having regard to the statement by the President-designate of the Commission before Parliament on

13 April 1999 and the presentation of his political guidelines on 4 May 1999,

Approves the nomination of Romano Prodi as President of the Commission for the remainder of the

1.
term of office;

Instructs its President to forward this resolution to the President-designate of the Commission and to

2.
the governments of the Member States.

2.  Statute for Members of the European Parliament

A4-0267/99

Resolution on the draft Statute for Members of the European Parliament

The European Parliament,

−  having regard to the Treaty of Amsterdam signed on 2 October 1997 which, following the deposit of

all the instruments of ratification, entered into force on 1 May 1999,

−  having regard to its resolution of 3 December 1998 on the draft Statute for Members of the European

Parliament (1),

−  having regard to Article 190(5) of the EC Treaty,

−  having regard to Rule 148 of its Rules of Procedure and in particular the new paragraph 2 thereof,

which entered into force on 1 May 1999,

−  having regard to the report of the Committee on Legal Affairs and Citizens’ Rights (A4-0267/99),

A.  whereas it adopted the draft Statute on 3 December 1998 by 327 votes to 120, with 43 abstentions;
whereas it adopted the Annex to the draft Statute by 323 votes to 96, with 36 abstentions; whereas it
adopted the resolution on the draft Statute for Members by 314 votes to 84, with 62 abstentions (2),

(1)  OJ C 398, 21.12.1998, p. 24.
(2)  OJ C 398, 21.12.1998, pp. 11, 16 and 17.

C 279/172

EN

Official Journal of the European Communities

1.10.1999

Wednesday 5 May 1999

B.  whereas the President of the European Parliament presented the resolution of 3 December 1998 to the
Vienna European Council of 11 and 12 December 1998, and whereas the European Council invited
the institutions involved to ensure the necessary follow-up,

C.  whereas  the  General  Affairs  Council  of  3  and  4  March  1999  gave  the  Working  Party  on  General
Affairs a mandate to reach a compromise over the draft Statute approved on 3 December 1998,

D.  whereas the Council’s Working Party on General Affairs met on 5, 16 and 26 March and on 12, 15, 19,

21, 22 and 26 April 1999,

E.  whereas  the  European  Parliament’s  Working  Party  held  meetings  with  the  Council  Presidency  on

10 and 25 March and 8, 14 and 22 April 1999,

F.  whereas the Committee of Permanent Representatives was unable to reach agreement on 21 April

1999 on an amended draft Statute,

G.  whereas the General Affairs Council of 26 April 1999 once again considered the draft Statute and

reached agreement on a draft Statute for Members of the European Parliament,

H.  whereas it is of the greatest importance that Members of the European Parliament should, as soon as
possible, have a Statute, putting an end to the existing state of affairs, which is unsatisfactory both for
the Members themselves and for public opinion,

1.

Confirms the resolution that it adopted on 3 December 1998;

2.
Notes that there are fundamental differences of opinion with the Council and considers it essential
that  respect  for  the  principle  of  equality  between  Members,  which  is  the  basic  principle  underlying  a
uniform Statute, be enshrined therein; notes, in addition, that negotiations with the Council must continue
on questions associated with the criteria for determining the parliamentary allowance, the pension scheme,
the  practical  arrangements  for  reimbursement  of  expenses  actually  incurred  and  the  procedure  to  be
followed for reviewing the Statute;

3.
Considers, by the same token, that it is essential to preserve the retirement rights and entitlement to
pensions  acquired  by  Members  and  former  Members  of  Parliament  before  the  entry  into  force  of  the
prospective Statute on the basis of national schemes and Parliament’s rules;

Notes that according to the case law of the Court of Justice of the European Communities, the duty of

4.
sincere cooperation also applies to the Council (1);

5.
Instructs the Working Party set up by paragraph 6 of its abovementioned resolution of 3 December
1998 to pursue the negotiations on the Statute of 3 December 1998; hopes to reach an agreement so as to be
able  to  take  the  decision  referred  to  in  Article  190(5)  of  the  EC  Treaty  before  the  end  of  1999  and  if
possible before the end of this parliamentary term;

Instructs its President to forward this resolution to the Council, the Commission and the parliaments

6.
and governments of the Member States.

(1)  ECJ judgment of 30 March 1995, Case C-65/93, European Parliament v. Council [1995] ECR I-643, paragraph 23; ECJ judgment of

27 September 1988, Case 204/86 Greece v. Council [1988] ECR 5323, paragraph 16.