Economic and Social Committee - Rules of procedure (adopted by the plenary session on 17 July 2002)
Date: 2002-07-17
Institutions: European Economic and Social Committee
Subjects: European Economic and Social Committee, administrative structures, advisory power, powers of the institutions (EU), rules of procedure

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(Acts whose publication is not obligatory)

ECONOMIC AND SOCIAL COMMITTEE

RULES OF PROCEDURE

(adopted by the plenary session on 17 July 2002)

(2002)/769/EC, Euratom)

PREAMBLE

1.
The European Economic and Social Committee represents the various economic and social
components of organised civil society. It is an institutional consultative body established by the 1957
Treaty of Rome.

2.
The Committee’s consultative role enables its members, and hence the organisations they represent,
to participate in the Community decision-making process. With views occasionally being diametrically
opposed, the Committee’s discussions often require real negotiations involving not only the usual social
partners, i.e. employers (Group I) and wage-earners (Group II) but also, and this is the distinguishing
feature of the Committee, all the other socio-occupational interests represented (Group III). This expertise,
these discussions and negotiations and the search for convergence may improve the quality and credibility
of the Community decision-making process, inasmuch as they make it more comprehensible and
acceptable for Europe’s citizens and increase the transparency which is so vital for democracy.

3.
Within the European institutional set-up, the Committee fulfils a specific role: it is the prime
forum in which the organisations of civil society in the European Union can have their views represented
and discussed.

4.
As a debating and consultative chamber, the Committee helps to strengthen the democratic
credentials of the process of building the European Union, including the promotion of relations between
the European Union and socioeconomic groupings in third countries. In so doing it helps to promote a
genuine identification with Europe.

5.
To carry out its missions successfully, the Committee adopted, on 17 July 2002, the Rules of
Procedure which follow, in accordance with Article 260(2) of the Treaty establishing the European
Community:

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TITLE I

ORGANISATION OF THE COMMITTEE

CHAPTER I

INSTALLATION OF THE COMMITTEE IN OFFICE

5.
The vice-presidents shall be elected from among the
members of the two Groups to which the president does not
belong.

Article 1

1.

The Committee shall hold office for terms of four years.

The first meeting of the Committee following each four-
2.
yearly renewal shall be convened by the oldest member, if
possible not later than one month after the members of the
Committee have been notified of their appointment by the
Council.

Article 2

The Committee shall consist of the following bodies: the

1.
assembly, the bureau, the president and the sections.

The Committee shall be divided into three Groups, the

2.
composition and role of which are set out in Article 27.

CHAPTER II

BUREAU

Article 3

The bureau shall have 24 members and include a

1.
representative of each Member State.

2.

(a)

The bureau of the Committee shall comprise:

a president, two vice-presidents and 12 members, directly
elected by the assembly;

(b)

the section presidents;

(c)

the Group presidents, elected as provided for
Article 27.

in

The president shall be elected in turn from among the

3.
members of the three Groups.

6.
The election of the bureau members shall comply with
the principle laid down in Article 3(1) and observing the
balance between the Groups formed pursuant to Article 27.

Article 4

1.
At its first meeting, held pursuant to Article 1, the
Committee, with the interim president in the chair, shall elect
from among its members a president, two vice-presidents, the
presidents of the specialised sections and the other members
of the bureau other than the Group presidents for a term of
two years, commencing on the date of the installation of the
Committee in office.

Only matters pertaining to these elections may be

2.
discussed under the chairmanship of the interim president.

Article 5

The meeting at which the bureau of the Committee is elected
for the last two years of a four-year period shall be convened
by the outgoing president. It shall be held at the beginning of
the session of the month in which the term of office of the
bureau elected for the first two years of a four-year period
expires. The chair shall be taken by the outgoing president.

Article 6

The Committee may set up an election panel, drawn
1.
from its members and consisting of one representative per
Member State, to receive candidatures and to submit a list of
candidates to the assembly, taking due account of the pro-
visions of Article 3.

2.
The Committee, acting in accordance with the provisions
of this Article, shall decide on the list or lists of candidates for
the bureau and the presidency.

The president and vice-presidents may not be re-elected
4.
for the two years immediately following the expiry of their
two-year term of office.

3.
The Committee shall elect the members of the bureau
other than the presidents of the Groups and specialised
sections, holding more than one ballot if necessary, according
to the procedure for voting by list.

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4.
Only complete lists of candidates conforming to the
provisions of Article 3 and accompanied by a declaration of
acceptance from each candidate may be admitted to the vote.

7.
The bureau shall have political responsibility for the
general management of the Committee. In particular, it shall
ensure that the activities of the Committee, its bodies and its
staff are in keeping with its institutional aims.

5.
Those candidates on the list which obtain the highest
number and at least one quarter of the valid votes cast shall be
declared elected as members of the bureau.

6.
The assembly shall then elect the president and the vice-
presidents of the Committee by a simple majority from among
the bureau members elected in accordance with Article 6(3).

The bureau shall be responsible for ensuring that in
8.
carrying out the tasks entrusted to it by the Treaty, the
Committee makes good use of the human, budgetary and
technical resources available to it. The bureau shall, for
instance, take part in the budgetary procedure and in the
organisation of the secretariat.

The Committee shall then elect the presidents of the

7.
specialised sections by a simple majority.

8.
Finally, the Committee shall vote on the bureau as a
whole. At least two thirds of the total number of valid votes
must be cast in favour.

The bureau may set up ad hoc groups, drawn from
9.
among its members, to examine any questions falling within
its competence. Other members may also be involved in the
work of these groups, except when issues concerning finance,
the budget or the appointment of permanent staff are dis-
cussed.

Article 7

In the event of inability to discharge the duties attaching to
his/her post or in the cases provided for in Article 70(2), a
member of the bureau shall be replaced for the remainder of
his/her term of office in accordance with Article 6.

Article 8

1. Meetings of
the bureau shall be convened by the
president, acting either ex officio or at the request of 10 mem-
bers.

2. Minutes of each bureau meeting shall be drawn up. These
minutes shall be submitted to the bureau for approval.

3.

The bureau shall lay down its own procedural rules.

It shall lay down the organisation and working pro-
for

4.
cedures of
implementing the Rules of Procedure.

and adopt provisions

the Committee

5.
The bureau and the president shall exercise the budgetary
and financial powers provided for in the Financial Regulation
and the Committee’s Rules of Procedure.

6.
The bureau shall determine the implementing arrange-
ments regarding the travel and subsistence expenses of mem-
bers, their alternates, appointed in accordance with Article 18,
and the daily allowances of their experts appointed in accord-
ance with Article 23, in compliance with the budget and
financial procedures.

10.
Every six months the bureau shall examine, on the basis
of a report drawn up for this purpose, the action taken on
opinions delivered by the Committee.

At the request of a member or of the secretary-general,
11.
the bureau shall clarify the interpretation of the Rules of
Procedure and its implementing provisions. Its findings shall
be binding subject to the right of appeal to the assembly to
make a final decision.

12.
At the time of the Committee’s four-yearly renewal, the
outgoing bureau shall take responsibility for current business
until the first meeting of the new Committee.

Article 9

Within the framework of interinstitutional cooperation, the
bureau may instruct the president to conclude cooperation
agreements with the institutions and other bodies of the
European Union.

Article 10

The bureau, acting on a proposal from the Groups
1.
referred to in Article 27, shall set up a ‘budget group’ from
among its own members to assist it in exercising its budgetary
and financial powers.

2.

The budget group shall have nine members.

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For

3.
decision-making power to the budget group.

specified matters the bureau may delegate its

4.
Proposals adopted unanimously by the budget group
shall be submitted to the bureau for approval without debate.

The budget group shall participate in the drawing up of

5.
the budget and ensure that it is implemented properly.

6.
The president of the budget group shall take part in
negotiations with the budgetary authorities and shall report
thereon to the bureau.

4.
The president shall have the authority to represent the
Committee in its external relations. On certain occasions he/
she may delegate this authority to a vice-president or to a
member.

The president shall report to the Committee on action
5.
and measures taken on its behalf between plenary sessions.
These reports shall not be followed by a debate.

After his/her election, the president shall present his/her
6.
work programme for his/her term of office. He/She shall also
present a review of achievements at the end of his/her term.

These two presentations may be debated by the assembly.

The budget group’s duties shall include advising the
the bureau and the Committee and exercising

7.
president,
control over the various services.

Article 13

CHAPTER III

PRESIDENCY AND THE PRESIDENT

Article 11

The presidency shall comprise the president and the two

1.
vice-presidents.

The Committee presidency shall meet with the Group
2.
presidents to prepare the work of the bureau and the assembly.
Any or all of the specialised section presidents may also be
invited to attend when necessary or appropriate.

If the president is temporarily unable to carry out his/her
duties, he/she shall be replaced during this period by the vice-
president belonging to the Group which is to provide the next
president.

CHAPTER IV

SPECIALISED SECTIONS

Article 14

1.
The Committee shall comprise six specialised sections.
Other specialised sections may be set up by the plenary
assembly on a proposal from the bureau, in the fields covered
by the Treaties.

3.
As part of the Committee’s programme of work, the
presidency shall meet with the presidents of the Groups and
specialised sections at least twice a year.

The Committee shall set up its specialised sections at the

2.
inaugural session following each four-yearly renewal.

Article 12

3.
The list of specialised sections and their terms of
reference may be examined at the time of each four-yearly
renewal.

The president shall direct the work of the Committee in

1.
accordance with the Treaties and with these Rules.

Article 15

The president shall

involve the vice-presidents in his
2.
activities on a permanent basis; he/she may delegate to them
specific tasks or responsibilities falling within his remit.

The number of members of the specialised sections shall

1.
be decided by the Committee on a proposal from its bureau.

The president may entrust specific tasks to the secretary-

3.
general for a limited period.

Apart from the president, every member of the Com-

2.
mittee must be a member of at least one specialised section.

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3.
No member may belong to more than two specialised
sections, although the bureau of the Committee may allow
exceptions where justified by the need to ensure fair represen-
tation of the Member States.

4.
Study groups may not become permanent bodies, save
in exceptional cases for which the Committee bureau’s prior
authorisation is required for the same two-year period.

The members of the specialised sections shall be appoint-
4.
ed by the Committee. Appointments shall be for two years
and shall be renewable.

5.
The procedure laid down for the appointment of special-
ised section members shall also be followed for the replace-
ment of such members.

Article 16

1.
The bureau of a specialised section, elected for a term of
two years, shall comprise nine members including a president
and two vice-presidents.

2.
Elections of specialised section presidents and of other
members of specialised section bureaux shall be conducted by
the Committee.

Specialised section presidents and other members of

3.
specialised section bureaux may be re-elected.

4.
The presidency of three specialised sections shall be
rotated between the Groups every two years. The same Group
may not hold the presidency of any specialised section for a
period exceeding four consecutive years.

Article 17

1.
It shall be the task of the specialised sections to draw up
opinions or information reports on questions referred to them
in accordance with Article 32.

The specialised sections may set up from among their
2.
members a study group or drafting group or appoint a
rapporteur working alone to deal with the questions referred
to them. The rapporteur shall be responsible for monitoring
action taken on opinions after their adoption at the plenary
in due course, shall report to the specialised
session and,
section.

Article 18

1.
Any member of the Committee unable to attend a
meeting of a study group to which he/she belongs may arrange
to be represented by an alternate at that meeting.

2.
The name and capacity of the alternate selected shall be
communicated to the bureau of the Committee for its approval.

The alternate shall carry out the same duties in the study

3.
groups as the member whom he/she replaces.

CHAPTER V

SUBCOMMITTEES AND RAPPORTEUR-GENERAL

Article 19

On the initiative of the bureau, the Committee may, in
1.
exceptional cases, set up subcommittees drawn from its
members to produce, for submission to the assembly, draft
opinions or information reports on general or specific matters
coming within the purview of two or more specialised sections.

2.
In the periods between plenary sessions the bureau may
set up subcommittees, subject to subsequent confirmation by
the Committee. In no case may a subcommittee be set up for
more than one issue. A subcommittee shall be automatically
dissolved as soon as the draft opinion or information report
which it has prepared is voted on by the Committee.

3.
Subcommittees set up for questions coming within the
purview of two or more specialised sections shall be made up
of members of those specialised sections.

The rules governing specialised sections shall be appli-

4.
cable, mutatis mutandis, to subcommittees.

Article 20

The appointment of rapporteurs and, where appropriate,
3.
co-rapporteurs, the composition of study and drafting groups
shall be decided on the basis of proposals from the Groups.

The Committee may appoint a rapporteur-general for any
question submitted to it.

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CHAPTER VI

OBSERVATORIES, HEARINGS, EXPERTS

Article 21

1.
The Committee may set up observatories when the
nature, extent and specific character of the subject to be dealt
with calls for particular flexibility in terms of the working
methods, procedures and instruments to be used.

An observatory shall be set up by a decision of the
2.
plenary assembly, ratifying a decision taken earlier by the
bureau on a joint proposal from the Groups or from a
specialised section.

3.
The decision to set up an observatory shall define the
object, structure, composition, duration and working rules in
each case.

Article 22

If an issue under discussion is of sufficient importance, the
various bodies and working units of the Committee may invite
guest speakers from outside the Committee to a hearing. If the
use of guest speakers involves additional costs, the body
or unit concerned must seek prior authorisation from the
Committee bureau and submit a programme giving reasons
why it considers that certain aspects call for outside assistance.

Article 23

In so far as this is essential for carrying out certain tasks, the
president may, on his/her own initiative, or on a proposal
from the Groups, specialised sections or rapporteurs, appoint
experts under the terms laid down by the bureau in line with
the provisions of Article 8(6).

2.
Such commissions shall be set up by a decision of the
plenary assembly which shall confirm a decision taken by the
bureau. The decision setting up such commissions shall define
their object, their structure, their composition, their duration
and their rules.

In accordance with Article 24(1) and (2), a ‘consultative
3.
commission on industrial change’
(CCIC) may be set up,
made up of members of the European Economic and Social
Committee and delegates from professional organisations
representing the coal and steel sector and related sectors.

CHAPTER VIII

DIALOGUE WITH ECONOMIC AND SOCIAL
ORGANISATIONS IN EU AND NON-EU STATES

Article 25

1.
The Committee, on the initiative of the bureau, may
maintain structured relations with economic and social
councils and similar institutions and with civil society organis-
ations of an economic and social nature in the European
Union and non-EU countries.

2.
In the same way, it shall undertake actions designed to
foster the establishment of economic and social councils or
similar institutions in countries which do not yet have them.

Article 26

The Committee, on a proposal from the bureau, may
1.
appoint delegations to maintain relations with the various
economic and social components of organised civil society in
States or associations of States outside the European Union.

2.
Cooperation between the Committee and partners from
organised civil society in the candidate countries shall take the
form of joint consultative committees if these have been
formed by the Association Councils. Otherwise it shall take
place in contact groups.

CHAPTER VII

CONSULTATIVE COMMISSIONS

CHAPTER IX

THE GROUPS AND CATEGORIES

Article 24

Article 27

1.
The Committee shall have the option of setting up
consultative commissions. These shall be made up of members
of the Committee and of delegates from areas of civil society
that the Committee wishes to involve in its work.

1.
The Committee shall be made up of three Groups of
members representing respectively employers, employees and
the various other economic and social components of organ-
ised civil society.

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2.
The Groups shall elect their presidents and vice-presi-
dents. These Groups shall participate in the preparation,
organisation and coordination of the business of the Com-
mittee and its constituent bodies, and help supply them with
information. Each Group shall be provided with a secretariat.

The Group presidents shall be members of the bureau in

3.
accordance with Article 3(2)(c).

4.
The Group presidents shall assist the Committee presi-
dency in the formulation of policy and, where appropriate, in
the monitoring of expenditure.

5.
The Group presidents shall meet with the Committee
presidency to assist in preparing the work of the bureau and
the assembly.

The Groups shall make proposals to the assembly for the
6.
election of specialised section presidents under Article 6(7)
and of specialised section bureaux under Article 16.

The Groups shall make proposals for membership of the

7.
budget group to be set up by the bureau under Article 10(1).

8.
The Groups shall make proposals for the membership of
observatories and consultative commissions to be set up by
the assembly under Articles 21 and 24 respectively.

9.
The Groups shall make proposals for the membership of
delegations and joint consultative committees to be set up in
accordance with Article 26(1) and (2) respectively.

10.
The Groups shall make proposals for rapporteurs and
for the composition of study and drafting groups to be
under
appointed/set
Article 17(3).

specialised

sections

the

up

by

11.
In applying Articles 27(6) to 27(10), the Groups shall
take account of the representation within the Committee of
the Member States, the various components of economic and
social activity, terms of reference and the criteria of good
management.

12. Members may, on a voluntary basis, join one of the
Groups subject to the approval of their eligibility by the
members of that Group. No member shall belong to more
than one Group at the same time.

13.
The general secretariat shall provide members not
belonging to a Group with the material and technical support
required for the performance of their duties. Their participation
in study groups and other internal bodies shall be the subject
of a decision by the Committee president after consultation of
the Groups.

Article 28

1. Members of the Committee may, on a voluntary basis,
form categories representing the various economic and social
components of organised civil society in the European Union.

2.
A category may be made up of members from the three
Groups within the Committee. No member shall belong to
more than one category at the same time.

The creation of a category shall be subject to approval

3.
being granted by the bureau, who shall inform the assembly.

TITLE II

PROCEDURE OF THE COMMITTEE

CHAPTER I

Article 30

CONSULTATION OF THE COMMITTEE

Article 29

1.
The Committee shall be convened by its president to
produce opinions requested by the Council, the Commission
or the European Parliament.

2.
It shall be convened by its president, on a proposal from
its bureau and with the agreement of the majority of its
members, to deliver, on its own initiative, opinions on any
question pertaining to the tasks assigned to the European
Union.

Requests for opinions referred to in Article 29(1) shall be
addressed to the president of the Committee. The president, in
consultation with the bureau, shall organise the work of the
Committee, taking account as far as possible of the time limits
set in the request for an opinion.

Article 31

The Committee may, on a proposal from the bureau, decide
to prepare an information report with a view to examining
any question pertaining to the policies of the European Union.

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CHAPTER II

Article 37

ORGANISATION OF WORK

A. WORK OF THE SPECIALISED SECTIONS

Article 32

1. When an opinion or information report is to be pro-
duced, the bureau,
in accordance with Article 8(4), shall
designate the specialised section which is to be responsible
for preparing the work in question. Where the matter for
consideration is clearly within the purview of a given special-
ised section, the president shall designate that section and
inform the bureau of his/her decision.

A quorum shall exist at specialised section meetings if

1.
over half of the full members are present or represented.

2.
If there is not a quorum, the president shall close the
meeting and arrange for a further meeting to be held at a time
which he/she considers appropriate, but during the course of
the same day; at that further meeting a quorum shall exist
irrespective of the number of members present or represented.

Article 38

The specialised sections shall draw up opinions with reference
to the draft opinion submitted by the rapporteur and, where
appropriate, the co-rapporteur.

2.
The president of the specialised section concerned shall
be notified by the Committee president of the decision and of
the time limit for the completion of the section’s work.

Article 39

3.
The Committee president shall inform the members of
the Committee of the referral to the section and of the date on
which the subject is to be dealt with by the plenary session.

1.
Specialised section opinions shall contain only texts
adopted by the specialised section in accordance with the
procedure laid down in Article 56.

Article 33

Specialised sections shall not discuss matters jointly.

2.
The text of proposed amendments which have been
rejected, together with the result of the voting thereon, shall
be appended to the opinion if the amendments received at
least one quarter of the votes cast.

Article 34

Article 40

The Committee president, in agreement with the bureau, may
authorise a specialised section to hold a joint meeting with a
European Parliament committee, or a Committee of the
Regions commission or with another specialised section of the
Committee.

Article 35

Specialised section opinions, together with all the documents
appended thereto in accordance with Article 39, shall be sent
by the president of the specialised section to the president of
the Committee and shall be laid before the Committee by its
bureau as soon as possible. These documents shall be sent to
the members of the Committee in good time.

Specialised sections to which a question has been referred in
accordance with these Rules shall be convened by their
president.

Article 41

Article 36

Concise minutes of each specialised section meeting shall be
drawn up and submitted to the specialised section for approval.

1. Meetings of the specialised sections shall be prepared by
the specialised section presidents in consultation with the
section bureau.

2. Meetings shall be chaired by the specialised section
president or, in his/her absence, by one of the vice-presidents.

Article 42

The president,
in agreement with the bureau or where
appropriate the assembly, may refer a question back to a
specialised section if he/she considers that the procedure laid
down in these Rules for drawing up opinions has not been
adhered to or that further study is necessary.

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Article 43

1. Without prejudice to Article 17(2), the preparatory work
of the specialised sections shall be carried out, in principle,
within a study group.

2.
The rapporteur, assisted where appropriate by one or
more co-rapporteurs and an expert, shall study the question
referred, collect the views expressed and, on this basis, compile
the draft opinion, which shall be sent to the president of the
specialised section.

2.
If there is not a quorum, the president shall close the
sitting and arrange for a further sitting to be held at a time he/
she considers appropriate but during the same session; at that
further sitting there shall be a quorum whatever the number
of members present or represented.

Article 48

When the agenda is submitted for adoption, the inclusion of
any topical item shall be announced, where appropriate, by
the president.

3.

There shall be no voting at study group meetings.

Article 49

B.

PROCEEDINGS OF THE PLENARY SESSIONS

Article 44

The draft agenda may be amended by the Committee for the
purpose of examining draft resolutions submitted by one or
more Groups in accordance with the procedure in force.

The assembly, comprising all the members of the Committee,
shall meet in plenary session.

Article 50

Article 45

1.
The president shall open session sittings, preside over
discussions and ensure that these Rules are observed. The
president shall be assisted by the vice-presidents.

1.
Sessions shall be prepared by the president in consul-
tation with the bureau. The bureau shall meet before each
session, and where appropriate during a session, to organise
the proceedings.

The bureau may set a time limit for the general discussion

2.
of each opinion at the session.

Article 46

1.
The draft agenda drawn up by the bureau on a proposal
from the Committee presidency in collaboration with the
Group presidents shall be sent by the Committee president to
all Committee members and to the Council, the Commission
and the European Parliament at least 15 days before the
opening of the relevant session.

2.
The draft agenda shall be submitted to the assembly for
approval at the opening of each session. Once the agenda has
been adopted, the items must be examined during the sitting
for which they are scheduled. The documents necessary for
the Committee’s deliberations shall be sent to the members in
accordance with Article 40.

If

the president

2.
the vice-presidents shall
deputise. If the vice-presidents are absent, the oldest member
of the bureau shall deputise.

is absent,

3.
The Committee shall base its deliberations on the work
of the specialised section competent to report to the assembly
on the questions concerned.

4. Where a text has been adopted by a specialised section
with no votes against, the bureau may propose to the assembly
that the text be voted on without a discussion. This procedure
shall be applied unless a member objects.

5.
If a text fails to secure a majority of votes in the assembly,
the president of the Committee may, with the consent of the
assembly, refer the opinion back to the competent specialised
section for re-examination or appoint a rapporteur-general,
who shall submit a new draft opinion at the same or another
session.

Article 47

Article 51

1.
A quorum shall exist at session sittings if more than half
of the members of the Committee are present or represented.

Proposals for amendments must be drawn up in writing,
1.
signed by the proposers and lodged with the secretariat before
the opening of the relevant session.

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2.
In the interests of efficient organisation of the proceed-
ings of the assembly, the bureau shall fix the arrangements for
the lodging of proposals for amendments.

Article 53

3.
The Committee shall, however, allow proposals for
amendments to be lodged up to the opening of the relevant
session sitting, provided such proposals are signed by at least
10 members.

1. Minutes of each plenary session shall be drawn up and
submitted to the Committee for its approval.

The final version of such minutes shall be signed by the

2.
president and the secretary-general of the Committee.

4.
Proposals for amendments must specify the part of the
text to which they refer and be supported by a brief explanatory
statement.

Article 54

5.
As a general rule, for each amendment the assembly
shall hear only the proposer, a member who is against the
proposed amendment and the rapporteur.

6. When a proposal for an amendment is examined, the
rapporteur may put forward compromise proposals orally
with the agreement of the proposer of the amendment. The
Committee shall then vote on these compromise proposals.

7.
In the case of a counter-opinion, the purpose of which is
to set out a generally divergent view to the specialised section
opinion, it is for the bureau to decide, in consultation with the
specialised section president and the rapporteur, whether this
amendment can be submitted as it stands to the Committee,
or whether the matter should be referred back to the specialised
section for further study.

8. Where appropriate, the president of the Committee, in
consultation with the president and the rapporteur of the
competent specialised section, may propose to the Committee
that any amendments be dealt with in such a way as to ensure
that the final text is consistent.

Article 52

1.
The president, either on his/her own initiative or at the
request of a member, may invite the Committee to decide on
a limitation of speaking time, the adjournment of a sitting or
the closure of a discussion. Once a discussion has been
declared closed, no member may speak except to explain his/
her vote; such explanations of voting shall be made after the
relevant vote has been taken and shall not exceed the speaking
time allotted by the president.

1.
Opinions of the Committee shall consist of, in addition
to the legal basis of the opinion, an explanatory statement and
the views of the Committee on the question as a whole.

2.
The result of the voting on the opinion as a whole shall
be set out in a preamble to the text of the opinion. Where a
recorded vote is held, the names of the voters shall be given.

3.
If proposed amendments are rejected by the plenary
session but receive at least one quarter of the votes cast, their
texts and explanatory statements shall be appended to the
relevant Committee opinions, together with the results of the
voting. This requirement shall also apply to counter-opinions.

4.
Specialised section opinion texts that are rejected in
favour of amendments adopted by the assembly shall also be
appended to Committee opinions together with the results of
the voting, provided that at least one quarter of the votes cast
were in favour of retention of the specialised section opinion
texts.

5. When one of the groups formed within the Committee
under Article 27 or one of the categories of economic and
social activity formed under Article 28 adopts a divergent but
uniform standpoint on a matter submitted to the assembly for
its position may be summarised in a brief
examination,
statement to be appended to the opinion, where the debate on
that matter has been concluded by a recorded vote.

Article 55

Opinions adopted by the Committee and minutes of
1.
Committee sessions shall be sent to the European Parliament,
the Council and the Commission.

A member may at any time request and be given
2.
precedence to speak during a discussion for the purpose of
submitting a procedural motion .

The follow-up to opinions shall be monitored by the

2.
rapporteur with the assistance of the general secretariat.

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TITLE III

GENERAL PROVISIONS

CHAPTER I

METHODS OF VOTING

Article 56

2.
In cases of urgency at Committee level the president
may, immediately and without consulting the bureau before-
hand, take all requisite steps to enable the Committee to carry
out its work. He/She shall inform the members of the bureau
of the steps which he/she takes.

The valid forms of votes shall be votes for, votes against

1.
and abstentions.

3.
Arrangements made by the president under the urgency
procedure shall be submitted to the following session of the
Committee for confirmation.

2.
Except where otherwise provided in these Rules, adop-
tion of the texts and decisions of the Committee and its
constituent bodies shall be by a majority of the votes cast for
and against.

Voting shall be by open ballot, by recorded vote, or by

3.
secret ballot.

4.
Voting on a proposed amendment shall be by recorded
vote if one quarter of the members of the Committee so
request. The final vote on opinions shall also be a recorded
vote if 10 or more members so wish.

Voting shall be by secret ballot where a majority of the

5.
members of the Committee so request.

6.
If the public or recorded vote by the plenary session or
specialised section is a tie (an equal number of votes for and
against), the chairman of the meeting shall have a casting vote.

The acceptance by the rapporteur of an amendment shall

7.
not constitute a reason for not voting on that amendment.

Article 58

Certain opinions of the Committee which are the subject of a
mandatory referral by the Council or the Commission but only
require a formal opinion from the Committee may be adopted
by a written procedure by decision of the bureau on a proposal
from the specialised section concerned.

Article 59

1. Where the urgency results from the deadlines imposed
on a specialised section, the president of that section may,
with the agreement of the president of the Committee and in
consultation with the specialised section bureau, organise the
work of the section otherwise than as provided in these Rules.

Arrangements made by the president of a specialised
2.
section under the urgency procedure shall be submitted to the
following meeting of that section for confirmation.

CHAPTER II

CHAPTER III

URGENCY PROCEDURE AND WRITTEN PROCEDURE

Article 57

1. Where the urgency results from a deadline for the
submission of its opinion imposed on the Committee by the
Council, by the European Parliament or by the Commission,
the urgency procedure may be applied if the president finds
that this is necessary to enable the Committee to adopt its
opinion in good time.

ABSENCE AND REPRESENTATION

Article 60

Any member of the Committee who is unable to attend
1.
a meeting to which he/she has been duly invited must give the
president concerned advance notice of his/her absence.

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2. Where a member of the Committee fails to attend more
than three consecutive plenary sessions of the Committee
without appointing a member to represent him/her and
without a reason recognised as valid, the president may, after
consulting the bureau and inviting the member concerned to
explain his/her absence, call upon the Council to remove that
member from office.

3. Where a member of a specialised section fails to attend
more than three consecutive meetings of the section without
appointing a member to represent him/her and without a
reason recognised as valid, the president of that specialised
section may, after inviting the member concerned to explain
his/her absence, call upon him/her to yield his seat on the
specialised section to another member.

Article 61

Any member of the Committee who is unable to attend
1.
a Committee session or a specialised section meeting may,
after notifying the president concerned, delegate his/her voting
right, in writing, to another member of the Committee or
specialised section.

2.
The names of the members of the Committee, its bureau
and its specialised sections, and all changes in the membership
thereof, shall be published in the Official Journal of the European
Communities and on the Committee’s website.

Article 64

The Committee shall ensure the transparency of

1.
decisions, in accordance with Article 1 of the EU Treaty.

its

2.
The secretary-general shall be responsible for taking the
measures necessary to guarantee the public’s right of access to
the corresponding documents.

3.
Any citizen of the European Union may write to the
Committee in one of the official languages and receive a reply
written in the same language (in accordance with Article 21(3)
of the EC Treaty).

Article 65

No member may hold more than one delegated voting

2.
right at a plenary session or specialised section meeting.

Plenary sessions of the Committee and meetings of the

1.
specialised sections shall be public.

Article 62

1.
Any member of a specialised section, study group or
delegation who is unable to attend a meeting to which he/she
has been duly invited may, after giving written notice to
the president concerned directly or through his/her Group
secretariat, arrange for another member of the Committee to
represent him/her at the relevant meeting.

Such proxies shall be valid solely for the meeting in

2.
respect of which they are issued.

3.
At the time of the constitution of a study group, any
member designated as a member of that study group may ask
to be replaced by another member of the Committee. Such
replacement shall apply for a specific question and for the
the specialised section on that
duration of the work of
question. It may not be revoked.

CHAPTER IV

PUBLICATION AND DISTRIBUTION OF COMMITTEE
TEXTS — ADMISSION OF THE PUBLIC

Article 63

2.
Certain debates that do not concern consultative work
may be declared confidential by the Committee, acting on a
request from a concerned institution or body or on a proposal
from the bureau.

3.

Other meetings shall not be public.

Article 66

1. Members of the European institutions may attend and
address meetings of the Committee and its constituent bodies.

2. Members of other bodies and duly authorised officials of
the institutions and these other bodies may be invited to
attend, address or answer questions at meetings, under the
direction of the president of the meeting.

CHAPTER V

TITLES, PRIVILEGES, IMMUNITIES AND STATUTE
OF MEMBERS, QUAESTORS

Article 67

1.
The Committee shall publish its opinions in the Official
Journal of the European Communities in accordance with the
procedure laid down by the Council and the Commission after
consultation of the Committee bureau.

1. Members of the Committee shall have the title ‘member
of the European Economic and Social Committee’.

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2.
The provisions of Article 11, Chapter IV of the Protocol
on the privileges and immunities of the European Communities
of 8 April 1965, annexed to the Treaty, shall apply to the
members of the European Economic and Social Committee.

Article 68

1.
The members’ statute shall contain the rights and duties
of Committee members, as well as the rules governing their
activity and their relations with the institution and its services.

2.
It shall also determine the measures that may be taken in
the event of violations of the Rules of Procedure or of the
statute.

Article 69

On a proposal from the bureau, the assembly shall elect, for
each two-year period, three members, who have no other
permanent responsibilities within the Committee structure, to
form the quaestors’ group with the following functions:

to monitor and ensure the proper implementation of the
members’ statute;

3.
The functions of a member of the Committee shall be
incompatible with those of a member of a government, a
parliament, a Community institution, the Committee of the
Regions or the board of directors of the European Investment
Bank, and with the post of official or other servant of the
Communities in active employment.

Resignations shall be in writing and shall be addressed to

4.
the president of the Committee.

The circumstances in which members may be removed
5.
from office are laid down in Articlen 60(2). In such cases the
Council shall initiate the replacement procedure, if it decides
to terminate membership.

In the case of resignation, death,

6.
force majeure or
incompatibility of functions, the president of the Committee
shall notify the Council, which shall verify the vacancy and
initiate the replacement procedure. In the case of resignation,
however, the resigning member shall remain in office until the
date on which the appointment of his/her replacement takes
effect, unless the resigning member indicates otherwise.

7.
In all the cases referred to in the second paragraph of
this Rule, the replacement shall be appointed for the remainder
of the current term of office.

to draw up appropriate proposals for perfecting and
improving the members’ statute;

CHAPTER VII

to endeavour, by taking appropriate steps, to resolve any
cases of doubt or dispute arising from application of the
members’ statute;

ADMINISTRATION OF THE COMMITTEE

Article 71

to be responsible for relations between the members of
the Committee and the general secretariat as regards
application of the members’ statute.

1.
The Committee shall be assisted by a secretariat headed
by a secretary-general, who shall discharge his/her duties under
the direction of the president, representing the bureau.

(a)

(b)

(c)

(d)

CHAPTER VI

TERMINATION OF MEMBERS’ TENURE OF OFFICE,
INCOMPATIBILITIES

Article 70

1. Membership of the Committee shall expire at the end of
the four-year term laid down by the Council at the time of the
Committee’s renewal.

2.
Individual membership shall cease on resignation, on
in the case of force
removal
majeure or in the event of an incompatibility of functions
arising.

from office, through death,

2.
The secretary-general shall attend the meetings of the
bureau in an advisory capacity and shall keep the minutes of
those meetings.

3.
He/She shall give a solemn undertaking, before the
bureau, to discharge his/her duties conscientiously and with
complete impartiality.

4.
The secretary-general shall be responsible for giving
effect to decisions taken by the assembly, the bureau and the
president pursuant to the Rules of Procedure; he/she shall
report in writing every three months to the president on the
criteria and arrangements which have been adopted or are
envisaged for handling administrative or organisational prob-
lems and staff matters.

The secretary-general may delegate his/her powers within

5.
the limits decided by the president.

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6.
The bureau, acting on a proposal from the secretary-
general, shall draw up the establishment plan for the general
secretariat in such a way that it can ensure the efficient
functioning of the Committee and its constituent bodies and
help the members in the performance of their duties, in
particular in the organisation of meetings and the preparation
of opinions.

— with respect to auxiliary staff in category A, Group I, by
the president, acting on a proposal from the secretary-
general; with respect to all other auxiliary staff, by the
secretary-general,

— with respect to local staff, by the secretary-general.

Article 72

1.
The powers which the Staff Regulations of officials of
the European Communities confer on the appointing authority
shall be exercised as follows:

— with respect to the secretary-general, by the bureau,

— with respect to officials in grades 1, 2 and 3 of category A
and grade 3 of the language service, by the bureau, acting
on a proposal from the secretary-general, as regards
application of Articles 13, 29, 30, 31, 32, 40, 41, 49, 50,
the Staff Regulations; by the
51, 78 and 90(1) of
president, acting on a proposal
from the secretary-
general, as regards application of the other provisions of
the Staff Regulations, including Article 90(2),

3.
The president shall exercise the powers conferred on the
institution by Article 110 of the Staff Regulations with a view
to implementing the general provisions for giving effect to the
Staff Regulations and the rules adopted by agreement between
the institutions.

The bureau may delegate to the president the powers

4.
vested in it by this Article.

The secretary-general may delegate the powers vested in

5.
him/her by this Article.

Article 73

1.

The president shall have a private secretariat.

— with respect to officials in grades 4 and 5 of category A
and of the language service, by the president, acting on a
proposal from the secretary-general,

2.
The staff of the secretariat shall be engaged under the
the authority
budget as temporary staff,
competent to conclude contracts of service being exercised by
the president.

the powers of

— with respect to officials in grades 6 to 8 of category A
and of the language service and with respect to officials
in categories B, C and D, by the secretary-general.

Article 74

2.
The powers which the Conditions of employment of
other servants of the European Communities confer on the
authority competent to conclude contracts of service shall be
exercised as follows:

— with respect to temporary staff in grades 6 to 8 of
category A and of the language service and with respect
to temporary staff in categories B, C and D, by the
secretary-general; with respect to temporary staff in
grades 4 and 5 of category A and of the language service,
by the president, acting on a proposal from the secretary-
general; with respect to other temporary staff, by the
bureau, acting on a proposal from the secretary-general,

Before 1 June of each year the secretary-general shall
1.
submit to the bureau the draft estimates of the expenditure
and revenue of the Committee for the next financial year. The
bureau shall draw up the estimates of the expenditure and
revenue of the Committee. It shall forward these estimates in
accordance with the procedure and within the time limits
laid down in the Financial Regulation of
the European
Communities.

2.
The president of the Committee, acting in accordance
with the Financial Regulation, shall implement or cause to be
implemented the statement of expenditure and revenue.

Article 75

— with respect to special advisers, by the president,

in
accordance with Article 82 of the Conditions of employ-
ment of other servants,

Correspondence to the Committee shall be addressed to the
president or the secretary-general.

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CHAPTER VIII

GENERAL PROVISIONS

Article 76

The terms used in these Rules of Procedure for the various
offices are not gender-specific.

2.
If such a decision is taken, the Committee shall set up a
panel, which shall be known as the Rules of Procedure Panel.
The Committee shall appoint a rapporteur-general to produce
a draft text of the new Rules.

3.
The date on which the new Rules of Procedure shall
enter into force shall be decided at the time of their adoption
by the Committee.

Article 77

Article 78

The Committee may decide by an absolute majority of

1.
its members that these Rules should be revised.

These Rules of Procedure shall enter into force on the first day
of the month following their adoption by an absolute majority
of Committee members.