European Parliament - Rules of Procedure, 15th edition (February 2003)
Date: 2003-03-05
Institutions: European Parliament
Subjects: European Parliament, rules of procedure

5.3.2003

EN

Official Journal of the European Union

L 61/1

II

(Acts whose publication is not obligatory)

EUROPEAN PARLIAMENT

RULES OF PROCEDURE

15th edition

February 2003

Note for the reader:

Any reference in these Rules of Procedure to a person of the male sex shall be deemed also to constitute a
reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise.

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

L 61/2

EN

Official Journal of the European Union

5.3.2003

CONTENTS

CHAPTER I

(cid:151) MEMBERS OF THE EUROPEAN PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 1

Rule 2

Rule 3

Rule 4

Rule 5

Rule 6

The European Parliament

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The independent mandate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Privileges and immunities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance of Members at sittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of expenses and allowances

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary immunity

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 6a

Procedures on immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 7

Rule 8

Rule 9

Verification of credentials

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Term of office of Members

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of conduct

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 9a

Internal investigations conducted by the European Anti-Fraud Office (OLAF)

. . . . . . .

CHAPTER II

(cid:151) SESSIONS OF PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 10

Rule 11

Convening of Parliament

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Venue of sittings and meetings

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER III

(cid:151) OFFICERS OF PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 12

Rule 13

Rule 14

Rule 15

Rule 16

Rule 17

Rule 18

Rule 19

Rule 20

Oldest Member

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nominations and general provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of President (cid:151) opening address

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of Vice-Presidents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of Quaestors

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Term of office of Officers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vacancies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of the President

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of the Vice-Presidents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IV

(cid:151) PARLIAMENT’S GOVERNING BODIES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 21

Rule 22

Rule 23

Rule 24

Rule 25

Rule 26

Rule 27

Rule 28

Composition of the Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of the Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Composition of the Conference of Presidents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of the Conference of Presidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of the Quaestors

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conference of Committee Chairmen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conference of Delegation Chairmen

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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5.3.2003

EN

Official Journal of the European Union

L 61/3

CHAPTER V

(cid:151) POLITICAL GROUPS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 29

Rule 30

Rule 31

Formation of political groups

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-attached Members

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation of seats in the Chamber

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER VI

(cid:151) RELATIONS WITH OTHER INSTITUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 32

Rule 33

Rule 34

Rule 35

Rule 36

Election of the President of the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Motion of censure on the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of the Members of the Court of Auditors

. . . . . . . . . . . . . . . . . . . . . .

Appointment of the Members of the Executive Board of the European Central Bank .

Statements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 37

Rule 38

Rule 39

Rule 40

Rule 40a

Rule 41

Statements by the Commission, Council and European Council

. . . . . . . . . . . . . . . .

Statements explaining Commission decisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statements by the Court of Auditors

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statements by the European Central Bank

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Questions for written answer to the European Central Bank . . . . . . . . . . . . . . . . . . .

Recommendation on the broad guidelines of economic policies

. . . . . . . . . . . . . . . .

Questions to the Council and the Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 42

Rule 43

Rule 44

Questions for oral answer with debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Question Time

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Questions for written answer

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 45

Rule 46

Rule 47

Deleted

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deleted

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports and other reports of other institutions

. . . . . . . . . . . . . . . . . . . . . . .

Resolutions and recommendations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 48

Rule 49

Rule 50

Rule 51

Rule 52

Rule 53

Rule 54

Motions for resolutions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recommendations to the Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Debates on cases of breaches of human rights, democracy and the rule of law . . . . .

Written declarations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation of the Economic and Social Committee

. . . . . . . . . . . . . . . . . . . . . . . .

Consultation of the Committee of the Regions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interinstitutional agreements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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L 61/4

EN

Official Journal of the European Union

5.3.2003

CHAPTER VII (cid:151) RELATIONS WITH NATIONAL PARLIAMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 55

Rule 56

Exchange of information, contacts and reciprocal facilities

. . . . . . . . . . . . . . . . . . . .

Conference of European Affairs Committees (COSAC)

. . . . . . . . . . . . . . . . . . . . . . .

Rule 56a

Conference of Parliaments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER VIII (cid:151) LEGISLATIVE PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 57

Rule 58

Rule 59

Rule 60

Rule 61

Rule 62

Commission’s legislative and work programme

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Initiative pursuant to Article 192 of the EC Treaty . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of legislative documents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation on initiatives originating from a Member State . . . . . . . . . . . . . . . . . . .

Deleted

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 62a

Representation of Parliament in Council meetings

. . . . . . . . . . . . . . . . . . . . . . . . . .

First reading (cid:151) committee stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 63

Rule 63a

Rule 64

Rule 65

Rule 66

Verification of legal basis

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Verification of financial compatibility

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transparency in the legislative process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of a Commission proposal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commission and Council position on amendments

. . . . . . . . . . . . . . . . . . . . . . . . .

First reading (cid:151) plenary stage

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 67

Rule 68

Rule 69

Conclusion of first reading

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rejection of a Commission proposal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption of amendments to a Commission proposal

. . . . . . . . . . . . . . . . . . . . . . . .

First reading (cid:151) follow-up procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 70

Rule 71

Rule 72

Rule 73

Follow-up to Parliament’s opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renewed referral to Parliament

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conciliation procedure contained in the 1975 joint declaration

. . . . . . . . . . . . . . . .

Approval of Parliament’s amendments by the Council

. . . . . . . . . . . . . . . . . . . . . . .

Second reading (cid:151) committee stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 74

Rule 75

Rule 76

Communication of the Council’s common position . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of time limits

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Referral to and procedure in the committee responsible

. . . . . . . . . . . . . . . . . . . . . .

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5.3.2003

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Official Journal of the European Union

L 61/5

Second reading (cid:151) plenary stage

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 77

Rule 78

Rule 79

Rule 80

Conclusion of second reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval without amendment of the Council’s common position . . . . . . . . . . . . . . .

Rejection of the Council’s common position

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to the Council’s common position

. . . . . . . . . . . . . . . . . . . . . . . . . . .

Third reading (cid:151) conciliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 81

Rule 82

Convening of Conciliation Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation to Conciliation Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third reading (cid:151) plenary stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 83

Rule 84

Joint text

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of adopted acts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for delivering opinions on Council recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 85

Procedure for delivering opinions pursuant to Article 122 of the EC Treaty

. . . . . . .

Assent procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 86

Conclusion of assent procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dialogue between management and labour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 87

Procedures relating to dialogue between management and labour

. . . . . . . . . . . . . . .

Voluntary agreements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 87a

Procedures relating to scrutiny of voluntary agreements

. . . . . . . . . . . . . . . . . . . . . .

Supervisory powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 88

Rule 89

Rule 90

Implementing provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Official codification of Community legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Rule 91

Proceedings before the Court of Justice

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IX

(cid:151) BUDGETARY PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 92

Rule 93

General Budget

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge to the Commission in respect of implementation of the budget

. . . . . . . . .

Rule 93a

Other discharge procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 94

Parliamentary control over implementation of the budget

. . . . . . . . . . . . . . . . . . . . .

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L 61/6

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Official Journal of the European Union

5.3.2003

CHAPTER X

(cid:151) TREATIES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 95

Rule 96

Deleted

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accession treaties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XI

(cid:151) INTERNATIONAL AGREEMENTS, EXTERNAL REPRESENTATION OF THE UNION
AND COMMON FOREIGN AND SECURITY POLICY . . . . . . . . . . . . . . . . . . . . . . . .

Rule 97

Rule 98

International agreements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedures based on Article 300 of
the EC Treaty in the case of provisional
application or the suspension of international agreements or the establishment of the
. . . . . . . . . . . .
Community position in a body set up by an international agreement

Rule 99

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

Rule 100

Rule 101

Appointment of special representatives for the purposes of the common foreign and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
security policy

Statements by the High Representative for the common foreign and security policy
and by other special representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 102

International representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 103

Consultation of and provision of information to Parliament within the framework of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the common foreign and security policy

Rule 104

Recommendations within the framework of the common foreign and security policy

Rule 104a

Violation of human rights

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XII (cid:151) POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

. . . . . . . . . . . . .

Rule 105

Rule 106

Provision of information to Parliament in the fields of police and judicial cooperation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in criminal matters

Consultation of Parliament in the fields of police and judicial cooperation in criminal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
matters

Rule 107

Recommendations in the fields of police and judicial cooperation in criminal matters

CHAPTER XIII (cid:151) BREACH BY A MEMBER STATE OF FUNDAMENTAL PRINCIPLES . . . . . . . . . . . . . .

Rule 108

Determination of a breach

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XIV (cid:151) ENHANCED COOPERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 109

Procedures in Parliament

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XV (cid:151) ORDER OF BUSINESS OF PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 110

Draft agenda

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 110a

Procedure in plenary without amendment and debate

. . . . . . . . . . . . . . . . . . . . . . .

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5.3.2003

EN

Official Journal of the European Union

L 61/7

Rule 111

Adopting and amending the agenda

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 111a

Extraordinary debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 112

Rule 113

Rule 114

Rule 115

Urgent procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint debate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deleted

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XVI (cid:151) GENERAL RULES FOR THE CONDUCT OF SITTINGS . . . . . . . . . . . . . . . . . . . . . . .

Rule 116

Rule 117

Rule 118

Rule 119

Rule 120

Rule 121

Access to the Chamber

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Languages

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Distribution of documents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Calling speakers and content of speeches

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation of speaking time

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

List of speakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 121a

One-minute speeches

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 122

Rule 123

Rule 124

Rule 125

Personal statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order in the Chamber

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disturbances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XVII (cid:151) QUORUM AND VOTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 126

Rule 127

Rule 128

Rule 129

Rule 130

Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tied votes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Principles governing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order of voting on amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 130a

Committee consideration of plenary amendments

. . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 131

Rule 132

Rule 133

Rule 134

Rule 135

Rule 136

Rule 137

Rule 138

Split voting

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to vote

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting by roll call

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic voting

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting by secret ballot

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanations of vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disputes on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

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L 61/8

EN

Official Journal of the European Union

5.3.2003

Rule 139

Tabling and moving amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 140

Admissibility of amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XVIII (cid:151) INTERRUPTIVE AND PROCEDURAL MOTIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 141

Procedural motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 142

Points of order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 143

Moving the inadmissibility of a matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 144

Referral back to committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 145

Closure of a debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 146

Suspension or closure of the sitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 147

Suspension or closure of the sitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XIX (cid:151) PUBLIC RECORD OF PROCEEDINGS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 148

Minutes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 149

Verbatim reports

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XX (cid:151) COMMITTEES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 150

Setting up of committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 151

Committees of inquiry

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 152

Composition of committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 153

Substitutes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 154

Duties of committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 155

Committee responsible for the verification of credentials

. . . . . . . . . . . . . . . . . . . . .

Rule 156

Subcommittees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 157

Committee bureaux

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 158

Simplified procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 159

Legislative reports

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 160

Non-legislative reports

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 161

Explanatory statements and deadlines

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 162

Opinions of committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 162a

Enhanced cooperation between committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 163

Own-initiative reports

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 164

Question Time in committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 165

Procedure in committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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5.3.2003

EN

Official Journal of the European Union

L 61/9

Rule 166

Committee meetings

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 167

Minutes of committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XXI (cid:151) INTERPARLIAMENTARY DELEGATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 168

Setting up and duties of interparliamentary delegations

. . . . . . . . . . . . . . . . . . . . . .

Rule 169

Cooperation with the Parliamentary Assembly of the Council of Europe

. . . . . . . . . .

Rule 170

Joint parliamentary committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XXII (cid:151) OPENNESS AND TRANSPARENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 171

Transparency of Parliament’s activities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 172

Public access to documents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 173

Deleted

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XXIII (cid:151) PETITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 174

Right of petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 175

Examination of petitions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 176

Notice of petitions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XXIV (cid:151) OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 177

Appointment of the Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 178

Dismissal of the Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 179

Activities of the Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XXV (cid:151) APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE

. . . . . . . . . . .

Rule 180

Application of the Rules of Procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 181

Amendment of the Rules of Procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XXVI (cid:151) SECRETARIAT OF PARLIAMENT (cid:151) ACCOUNTING . . . . . . . . . . . . . . . . . . . . . . . .

Rule 182

Secretariat

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 183

Estimates of Parliament

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 184

Power to incur and settle expenditure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER XXVII (cid:151) MISCELLANEOUS PROVISIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 185

Unfinished business

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 185a

Early termination of an office

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 186

Arrangement of annexes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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L 61/10

EN

Official Journal of the European Union

5.3.2003

ANNEX I

Provisions governing the application of Rule 9(1) (cid:151) Transparency and Members’
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
financial interests

ANNEX II

Conduct of Question Time under Rule 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX III

ANNEX IV

ANNEX V

Guidelines and general principles to be followed when choosing the subjects to be
included on the agenda for the debate on cases of breaches of human rights,
democracy and the rule of law provided for under Rule 50 . . . . . . . . . . . . . . . . . . .

Implementing procedures for examination of the general budget of the European
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Union and supplementary budgets

Procedure for the consideration and adoption of decisions on the granting of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
discharge

ANNEX VI

Powers and responsibilities of standing committees

. . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX VII

Confidential and sensitive documents and information . . . . . . . . . . . . . . . . . . . . . . .

ANNEX VIII

Detailed provisions governing the exercise of the European Parliament’s right of
inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IX

Provisions governing the application of Rule 9(2) (cid:151) Lobbying in Parliament

. . . . . .

ANNEX X

Performance of the Ombudsman’s duties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XI

Prevention of
fraud,
Communities’ interests

corruption and any illegal activity detrimental
to the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XII

Exercise of implementing powers conferred on the Commission . . . . . . . . . . . . . . . .

ANNEX XIII

Framework Agreement on relations between the European Parliament and the
Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XIV

Timetable for the Commission’s legislative and work programme

. . . . . . . . . . . . . . .

ANNEX XV

List of Parliament documents directly accessible through the register

. . . . . . . . . . . .

ANNEX XVI

Regulation (EC) No 1049/2001 on public access to documents

. . . . . . . . . . . . . . . .

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5.3.2003

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Official Journal of the European Union

L 61/11

CHAPTER I

MEMBERS OF THE EUROPEAN PARLIAMENT

Rule 1

Rule 3

The European Parliament

Privileges and immunities

The European Parliament
to the Treaties,

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

assembly

the

is

Persons elected to the European Parliament shall be

2.
referred to as:

»Medlemmer af Europa-Parlamentet« in Danish,

(cid:132)Mitglieder des Europ(cid:228)ischen Parlaments(cid:147) in German,

«Botkets(cid:221)y sot Etqxpaœjo(cid:253) Joimobotk(cid:223)ot» in Greek,

(cid:145)Members of the European Parliament(cid:146) in English,

«Diputados al Parlamento Europeo» in Spanish,

(cid:148)Euroopan parlamentin j(cid:228)senet(cid:148) in Finnish,

«DØputØs au Parlement europØen» in French,

«Deputati al Parlamento europeo» in Italian,

shall

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

and immunities

Passes

to allow Members

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

3. Members shall be entitled to inspect any files held by
Parliament or a committee, other than personal
files and
accounts which only the Members concerned shall be allowed
to inspect. Exceptions
the handling of
documents to which public access may be refused pursuant to
Regulation (EC) No 1049/2001 of the European Parliament
and of
to European
Parliament, Council and Commission documents shall be laid
down in Annex VII to these Rules of Procedure.

regarding public access

the Council

rule for

to this

Rule 4

Attendance of Members at sittings

An attendance register shall be laid open for signature by

1.
Members at each sitting.

The names of Members present, as

shown in the
2.
attendance register, shall be recorded in the minutes of each
sitting.

(cid:132)Leden van het Europees Parlement(cid:148) in Dutch,

Rule 5

«Deputados ao Parlamento europeu» in Portuguese,

Payment of expenses and allowances

(cid:148)Ledam(cid:246)ter av Europaparlamentet(cid:148) in Swedish.

The Bureau shall
expenses and allowances to Members.

lay down rules governing the payment of

Rule 2

The independent mandate

Rule 6

Parliamentary immunity

the European Parliament

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

In the exercise of its powers in respect of privileges and
1.
immunities, Parliament
seek primarily to uphold its
integrity as a democratic legislative assembly and to secure the
independence of its Members in performance of their duties.

shall

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2.
Any request addressed to the President by a competent
authority of a Member State that the immunity of a Member
be waived shall be announced in Parliament and referred to
the committee responsible.

(cid:151) the Member will not be obliged to appear on a date or at a
time which prevents him from performing, or makes it
difficult for him to perform, his parliamentary duties, or
that he will be able to provide a statement in writing or in
any other form which does not make it difficult for him to
fulfil his parliamentary obligations;

3.
Any request addressed to the President by a Member or a
former Member to defend privileges and immunities shall be
announced in Parliament and referred to the committee
responsible.

As a matter of urgency,

4.
in circumstances where a
Member is arrested or has his freedom of movement curtailed
the
in apparent breach of his privileges and immunities,
President, after having consulted the chairman and rapporteur
of the committee responsible, may take an initiative to assert
the privileges and immunities of the Member concerned. The
President shall communicate his initiative to the committee
and inform Parliament.

Rule 6a

Procedures on immunity

1.
The committee responsible shall consider without delay
and in the order in which they have been submitted requests
for the waiver of immunity or requests for the defence of
immunity and privileges.

The committee shall make a proposal

for a decision
2.
which simply recommends the adoption or rejection of the
request
immunity or for the defence of
immunity and privileges.

for the waiver of

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

it

4. Where the request seeks the waiver of
immunity on
several counts, each of these may be the subject of a separate
decision. The committee’s report may, exceptionally, propose
that the waiver of immunity shall apply solely to prosecution
proceedings and that, until a final sentence is passed,
the
Member should be immune from any form of detention or
remand or any other measure which prevents him from
performing the duties proper to his mandate.

(cid:151) the Member

is not obliged

concerning
information obtained confidentially in the exercise of his
mandate which he does not see fit to disclose.

to testify

In cases

6.
immunity or
concerning the defence of
privileges, the committee shall state whether the circumstances
constitute an administrative or other restriction imposed on
the free movement of Members travelling to or from the place
of meeting of Parliament or an opinion expressed or a vote
cast in the performance of the mandate or fall within aspects
of Article 10 of the Protocol on Privileges and Immunities
which are not a matter of national
law, and shall make a
proposal
to invite the authority concerned to draw the
necessary conclusions.

the authority in question and about
shall not, under
the

The committee may offer a reasoned opinion about the
7.
the
competence of
admissibility of
any
request, but
circumstances, pronounce on the guilt or otherwise of the
Member nor on whether or not the opinions or acts attributed
to him or her justify prosecution, even if, in considering the
request, it acquires detailed knowledge of the facts of the case.

8.
The report of the committee shall be placed at the head
of the agenda of the first sitting following the day on which it
was tabled. No amendment may be tabled to the proposal(s)
for a decision.

Discussion shall be confined to the reasons for and against
each proposal to waive or uphold immunity, or to defend
immunity or a privilege.

Without prejudice to Rule 122, the Member whose privileges
or immunities are the subject of the case shall not speak in the
debate.

The proposal(s) for a decision contained in the report shall be
put to the vote at the first voting time following the debate.

5. Where a Member is required to appear as a witness or
expert witness,
there is no need to request a waiver of
immunity, provided that:

After Parliament has considered the matter, an individual vote
the proposals contained in the
shall be taken on each of
report.
the contrary
If any of
decision shall be deemed adopted.

the proposals are rejected,

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The

that

shall

President

immediately

the President

9.
communicate
Parliament’s decision to the Member concerned and to the
competent authority of the Member State concerned, with a
request
any
developments in the relevant proceedings and of any judicial
rulings made as a consequence. When the President receives
this information, he shall transmit it to Parliament in the way
he considers most appropriate, if necessary after consulting the
committee responsible.

informed of

should be

10. When the President makes use of the powers conferred
on him by Rule 6(4), the committee responsible shall take
cognisance of
its next meeting.
Where the committee deems it necessary it may prepare a
report for submission to Parliament.

the President’s initiative at

The committee shall treat these matters and handle any

11.
documents received with the utmost confidentiality.

12.
The committee, after consulting the Member States,
the
may draw up an indicative list of
Member States which are competent to present a request for
the waiver of a Member’s immunity.

the authorities of

13.
Any inquiry as to the scope of Members’ privileges or
immunities made by a competent authority shall be dealt with
according to the above rules.

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

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

the ranking of

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

the matter

refer

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

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

Rule 7

Verification of credentials

Rule 8

Term of office of Members

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

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

together with their

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

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

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

Every Member shall remain in office until the opening of

2.
the first sitting of Parliament following the elections.

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

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

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Otherwise, the vacancy shall be established with effect from
the date indicated by the resigning Member in the official
record. There shall be no vote in Parliament on the subject.

6 of the Act of 20 September 1976: the date notified by
the competent authorities of the Member States or of the
Union or by the Member concerned.

A simplified procedure has been introduced for certain exceptional
circumstances, in particular where one or more part-sessions are held
between the effective date of the resignation and the first meeting of
the committee responsible and where, as the vacancy has not been
the political group to which the resigning Member
established,
belongs is not able to obtain a replacement Member during those
part-sessions. Under this procedure, the rapporteur of the committee
responsible entrusted with these cases has the power to examine
immediately any resignation duly notified and, where any delay in
considering the notification would be prejudicial, to refer the matter
to the committee chairman asking him, pursuant to paragraph 3:

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

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

(cid:151) either to inform the President on behalf of the committee that the

vacancy may be established;

(cid:151) or to convene an extraordinary meeting of

the committee to

examine any specific difficulties noted by the rapporteur.

Incompatibilities resulting from national legislation shall

4.
be notified to Parliament, which shall take note thereof.

Where the competent authorities of the Member States or of
the Union or the Member concerned notify the President of an
appointment
to an office incompatible with the office of
Member of the European Parliament, the President shall inform
Parliament, which shall establish that there is a vacancy.

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

inform Parliament,

refer

shall

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

Rule 9

Code of conduct

Parliament may lay down a code of conduct

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

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

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

The following shall be considered as the date of the end

6.
of the term of office and the effective date of a vacancy:

In return, these persons shall be required to:

(cid:151) in the event of resignation: the date on which the vacancy
in accordance with the

is established by Parliament,
notification of resignation;

(cid:151) respect the code of conduct published as an annex to the

Rules of Procedure (2);

(cid:151) in the event of appointment to an office incompatible with
the office of a Member of the European Parliament, either
in respect of national electoral law, or in respect of Article

(1) See Annex I.
(2) See Annex IX.

(cid:151) sign a register kept by the Quaestors.

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

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

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

Rule 9a

Internal investigations conducted by the European
Anti-Fraud Office (OLAF)

common rules

laid down in the

Interinstitutional
The
Agreement of 25 May 1999 concerning internal investigations
by the European Anti-Fraud Office (OLAF) comprising the
measures needed to facilitate
smooth running of
investigations conducted by the Office shall be applicable
to the Parliament Decision
within Parliament, pursuant
annexed to these Rules of Procedure (4).

the

CHAPTER II

SESSIONS OF PARLIAMENT

Rule 10

resumption shall not, however, be postponed for more than
two weeks.

Convening of Parliament

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

Exceptionally,

after
the President

of
5.
the
Presidents,
request of a majority of its component Members or at the
request of the Commission or the Council.

consulting
the Conference
shall convene Parliament at

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

Exceptionally, with the
the Conference of
Presidents, the President may convene Parliament in cases of
urgency.

approval of

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

Rule 11

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

Venue of sittings and meetings

Parliament shall meet, without requiring to be convened,
itself

2.
on the second Tuesday in March each year and shall
determine the duration of adjournments of the session.

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

4.
The Conference of Presidents, stating its reasons, may
to
the duration of adjournments decided pursuant
alter
paragraph 2 at least two weeks before the date previously
the date of
fixed by Parliament

for resuming the session;

Parliament

1.
meetings in accordance with the provisions of the Treaties.

sittings and its committee

shall hold its

Proposals
amendments thereto will require only a majority of the votes cast.

part-sessions

in Brussels

additional

and

for

any

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

(3) See Annex IX.

(4) See Annex XI.

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CHAPTER III

OFFICERS OF PARLIAMENT

Rule 12

Oldest Member

Rule 15

Election of Vice-Presidents

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

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

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

Rule 13

Nominations and general provisions

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

least

In the election of

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

fair

Rule 14

Election of President (cid:151) opening address

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

If after

The Vice-Presidents shall

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

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

to

Subject

2.
the
provisions
Vice-Presidents shall take precedence in the order in which
they were elected and, in the event of a tie, by age.

of Rule

18(1),

the

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

Rule 16

Election of Quaestors

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

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

Rule 17

Term of office of Officers

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

The term of office of the President, Vice-Presidents and

1.
Quaestors shall be two and a half years.

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

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

2.
The duties of the President shall be to open, suspend and
close sittings; to rule on the admissibility of amendments, on
questions
to the Council and Commission, and on the
conformity of reports with these Rules; to ensure observance
of
these Rules, maintain order, call upon speakers, close
debates, put matters to the vote and announce the results of
votes; and to refer to committees any communications that
concern them.

Rule 18

Vacancies

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

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

take the place of his

The President may speak in a debate only to sum up or
3.
to call speakers to order. Should he wish to take part in a
debate, he shall vacate the Chair and shall not reoccupy it until
the debate is over.

Parliament shall be represented in international relations,
4.
on ceremonial occasions and in administrative,
legal or
financial matters by the President, who may delegate these
powers.

Should the President’s

2.
the first
Vice-President shall act as President until a new President is
elected.

seat become vacant,

Rule 20

Duties of the Vice-Presidents

Rule 19

Duties of the President

1.
Should the President be absent or unable to discharge his
duties, or should he wish to take part in a debate pursuant to
Rule 19(3), he shall be replaced by one of the Vice-Presidents
pursuant to Rule 15(2).

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

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

The Vice-Presidents

2.
conferred upon them under Rules 22, 24(3) and 82(3).

shall also carry out

the duties

The President may delegate to the Vice-Presidents any
3.
duties such as representing Parliament at specific ceremonies
or
a
Vice-President to take charge of the responsibilities conferred
on the President in Rules 43(3) and 44(2).

the President may designate

In particular,

acts.

CHAPTER IV

PARLIAMENT’S GOVERNING BODIES

Rule 21

Should voting in the Bureau result in a tie, the President

3.
shall have a casting vote.

Composition of the Bureau

The Bureau shall consist of

1.
fourteen Vice-Presidents of Parliament.

the President and the

Rule 22

Duties of the Bureau

The Quaestors shall be members of the Bureau in an

2.
advisory capacity.

The Bureau shall carry out the duties assigned to it under

1.
the Rules of Procedure.

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The Bureau shall

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

The Bureau shall take decisions on matters relating to the

3.
conduct of sittings.

The Conference of Presidents shall endeavour to reach a

3.
consensus on matters referred to it.

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

The Bureau shall adopt the provisions referred to in Rule

4.
30 concerning Non-attached Members.

Rule 24

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

relating

and

lay

The Bureau shall draw up Parliament’s preliminary draft

6.
estimates.

The Bureau shall adopt the guidelines for the Quaestors

7.
pursuant to Rule 25.

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

The Bureau shall appoint the Secretary-General pursuant

9.
to Rule 182.

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

the President and/or

11. When a new Parliament is elected, the outgoing Bureau
the new
shall
Parliament.

remain in office until

sitting of

the first

Duties of the Conference of Presidents

The Conference of Presidents shall carry out the duties

1.
assigned to it under the Rules of Procedure.

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

The Conference of Presidents

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

The Conference of Presidents

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

The Conference of Presidents shall draw up the draft

5.
agenda of Parliament’s part-sessions.

The Conference of Presidents
composition
the

6.
responsible
for
committees, committees of
committees, standing delegations and ad hoc delegations.

shall be the authority
of
and
inquiry and joint parliamentary

competence

Rule 23

Composition of the Conference of Presidents

The Conference of Presidents shall decide how seats in

7.
the Chamber are to be allocated pursuant to Rule 31.

The Conference of Presidents

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

consist of

shall

The Conference of Presidents

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

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

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

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Rule 25

Duties of the Quaestors

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

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

Rule 26

Conference of Committee Chairmen

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

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

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

Rule 27

Conference of Delegation Chairmen

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

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

Rule 28

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

The minutes of

1.
the Bureau and the Conference of
Presidents shall be translated into the official languages, printed
and distributed to all Members of Parliament and shall be
accessible to the public, unless the Bureau or the Conference
of Presidents exceptionally, for reasons of confidentiality, as
laid down in Article 4(1) to (4) of European Parliament and
Council Regulation (EC) No 1049/2001, decides otherwise
with regard to certain items of the minutes.

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

CHAPTER V

POLITICAL GROUPS

Rule 29

Formation of political groups

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

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

3.

A Member may not belong to more than one group.

the political affinity of
Parliament need not normally evaluate
members of a group. In forming a group together under this Rule,
Members concerned accept by definition that
they have political
affinity. Only when this is denied by the Members concerned is it
necessary for Parliament
to evaluate whether the group has been
constituted in conformity with the Rules.

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

The statement shall be published in the Official Journal of

5.
the European Union.

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As of 1 July 2004, Rule 29 shall read as follows:

The statement shall be published in the Official Journal of

5.
the European Union.

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

Parliament need not normally evaluate
the political affinity of
members of a group. In forming a group together under this Rule,
Members concerned accept by definition that
they have political
affinity. Only when this is denied by the Members concerned is it
necessary for Parliament
to evaluate whether the group has been
constituted in conformity with the Rules.

A political group shall comprise Members elected in at
2.
least one-fifth of the Member States. The minimum number of
Members required to form a political group shall be sixteen.

Rule 30

Non-attached Members

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

the Bureau on a proposal

The Bureau shall

2.
parliamentary rights of such Members.

also determine

the

status

and

A Member may not belong to more than one political

3.
group.

Allocation of seats in the Chamber

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

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

Rule 31

CHAPTER VI

RELATIONS WITH OTHER INSTITUTIONS

APPOINTMENTS

Rule 32

If Parliament does not approve the nomination,
the Council

the
to nominate a new

request

shall

4.
President
candidate.

Election of the President of the Commission

Rule 33

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

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

Parliament shall approve or reject the nomination by a

2.
majority of the votes cast.

The vote shall be taken by secret ballot.

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

Election of the Commission

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

request
the Commission and the Council

to appear before

2.
The committee shall
statement and answer questions.

invite the nominee to make a

The

President-elect

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

present

college

the

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

Rule 35

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

The vote shall be taken by roll call.

Parliament may defer the vote until the next sitting.

Appointment of the Members of the Court of Auditors

Candidates nominated as Members of

1.
the Court of
Auditors shall be invited to make a statement before the
committee responsible and answer questions put by members.
The committee shall vote by secret ballot separately on each
nomination.

The President shall inform the Council of the election or

5.
rejection of the Commission.

The committee responsible shall make a recommendation
2.
to Parliament as
the nomination should be
approved in the form of a report containing a separate
proposal for a decision for each nomination.

to whether

In

of

the

event

the
6.
Commission’s term of office,
the Commissioners concerned
shall be invited to appear before the committees responsible
for the areas of responsibility in question.

portfolio

changes

during

Rule 34

Motion of censure on the Commission

the receipt of

the nomination unless Parliament, at

The vote in plenary shall take place within two months
3.
of
the
request of the committee responsible, a political group or at
least thirty-two Members, decides otherwise. Parliament shall
vote by secret ballot separately on each nomination and take
its decision by a majority of the votes cast.

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

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

The motion shall be called (cid:145)motion of censure(cid:146) and
to the
shall

forwarded

reasons.

by

be

It

2.
supported
Commission.

The President shall announce to Members that a motion

3.
of censure has been tabled immediately he receives it.

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

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

The debate and the vote shall take place, at the latest,
the

6.
during the part-session following the submission of
motion.

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

Rule 36

Appointment of the Members of the Executive Board of
the European Central Bank

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

The committee responsible shall make a recommendation
the nomination should be

to whether

2.
to Parliament as
approved.

The vote shall

take place within two months of

3.
the
receipt of the nomination unless Parliament, at the request of
the committee responsible, a political group or at
least
thirty-two Members, decides otherwise.

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If the opinion adopted by Parliament

4.
the
President shall request the Council to withdraw its nomination
and submit a new nomination to Parliament.

is negative,

The same procedure shall apply for nominations for
the

5.
Vice-President and other Executive Board Members of
European Central Bank.

Rule 38

Statements explaining Commission decisions

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

to make a statement

STATEMENTS

Rule 37

Statements by the Court of Auditors

Rule 39

Statements by the Commission, Council and European
Council

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

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

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

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

exceptional

President,

the

for

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

Rule 40

Statements by the European Central Bank

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

2.

This presentation shall be followed by a general debate.

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

tabled by other

The President of

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

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

If

they or

Parliament

4.
President,
Vice-President and other Members of the Executive Board of
the European Central Bank shall be invited to attend additional
meetings.

so request,

the

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A verbatim report of proceedings under paragraphs 3

5.
and 4 shall be drawn up in the official languages.

Rule 40a

Questions for written answer to the European Central
Bank

Any Member may put questions for written answer to

1.
the European Central Bank.

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

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

reply with sufficient promptness

Such questions shall be submitted in writing to the
forward
the committee responsible, who shall

2.
chairman of
them to the European Central Bank.

One of the questioners may move the question for five
the institution concerned shall

4.
minutes. One member of
answer.

The questions shall be published with their answers in

3.
the Official Journal of the European Union.

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

4.
If a question has not received a reply by the required
deadline, it shall be included at the request of its author on the
agenda for the next meeting of the committee responsible with
the President of the European Central Bank.

Rule 41

Recommendation on the broad guidelines of economic
policies

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

shall be presented to the

5.

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

Rule 43

Question Time

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

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

No Member may put more than one question to the

2.
Council and the Commission at a given part-session.

QUESTIONS TO THE COUNCIL AND THE COMMISSION

Rule 42

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

Questions for oral answer with debate

4.
The
guidelines (5).

detailed

procedure

shall

be

governed

by

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

least

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

immediately refer

The Conference of Presidents shall decide whether and in what
order questions should be placed on the agenda. Questions not
placed on Parliament’s agenda within three months of being
submitted shall lapse.

Rule 44

Questions for written answer

Questions for written answer may be put by any Member
1.
to the Council or the Commission. The content of questions
shall be the sole responsibility of their authors.

(5) See Annex II.

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Questions shall be submitted in writing to the President

2.
who shall forward them to the institution concerned.

RESOLUTIONS AND RECOMMENDATIONS

3.
If a question cannot be answered within the time limit
set it shall, at the request of the author, be placed on the
agenda of the next meeting of the committee responsible. Rule
43 shall apply mutatis mutandis.

Rule 48

Motions for resolutions

Questions which require an immediate answer but not
4.
detailed research (priority questions) shall be answered within
three weeks of being forwarded to the institution concerned.
Each Member may table one priority question each month.

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

Other questions (non-priority questions) shall be answered
within six weeks of being forwarded to the institution
concerned.

The motion may not comprise more than 200 words.

Members
submitting. The final decision shall be taken by the President.

indicate which type of question they are

shall

The committee responsible shall decide what procedure

2.
is to be adopted.

Questions and answers shall be published in the Official

5.
Journal of the European Union.

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

Deleted

Deleted

REPORTS

Rule 45

Rule 46

Rule 47

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

It may decide to draw up a report pursuant to Rule 163.

The authors of a motion for a resolution shall be
and the

the decisions of

committee

the

3.
informed of
Conference of Presidents.

The report shall contain the text of the motion for a

4.
resolution.

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

Annual reports and other reports of other institutions

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

Annual reports and other reports of other institutions, in
1.
respect of which the Treaties provide for consultation of the
European Parliament or where other legal provisions require
an opinion by the European Parliament, shall be dealt with by
means of a report submitted to the plenary.

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

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

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

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

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

2.
The Conference of Presidents shall draw up a list of
subjects to be included on the final draft agenda for the next
debate on cases of breaches of human rights, democracy and
the rule of law on the basis of the requests referred to in
paragraph 1 and in accordance with the provisions of Annex
III. The total number of subjects included on the agenda shall
not exceed three, including sub-chapters.

Rule 49

Recommendations to the Council

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

2.
Such proposals
responsible for consideration.

shall be referred to the committee

In accordance with the provisions of Rule 111, Parliament
may abandon a topic due to be debated and replace it by an
unscheduled topic in the debate. Motions for resolutions on
the subjects chosen shall be tabled by the evening of the day
on which the agenda is adopted. The President shall set the
precise deadline for tabling such motions for resolutions.

The total speaking time for the political groups and
3.
Non-attached Members shall be allocated in accordance with
the procedure laid down in Rule 120(2) and (3) within the
maximum time for debates of 60 minutes per part-session.

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

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

At the end of the debate there shall be an immediate

4.
vote. Rule 137 shall not apply.

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

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

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

If two or more motions for resolutions are tabled on the

5.
same subject, the procedure set out in Rule 37(4) shall apply.

4.

The provisions of Rule 104 or Rule 107 shall apply.

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

Rule 50

Debates on cases of breaches of human rights, democracy
and the rule of law

The provisions of Rules 143, 144 and 146 shall not apply to
motions for resolutions included on the agenda for a debate on cases
of breaches of human rights, democracy and the rule of law.

1.
A committee, an interparliamentary delegation, a political
group or at least thirty-two Members may ask the President in
writing for a debate to be held on an urgent case of a breach
of human rights, democracy and the rule of law (Rule 110(3)).

Motions for resolutions shall be tabled for a debate on cases of
breaches of human rights, democracy and the rule of law only after
the list of subjects has been adopted. Motions for resolutions that
cannot be dealt with in the time allocated to the debate shall lapse.

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The same shall apply to motions for resolutions in respect of which it
is established, following a request under Rule 126(3), that a quorum
is not present. Obviously Members shall be entitled to retable such
motions either for consideration in committee pursuant to Rule 48 or
for the debate on cases of breaches of human rights, democracy and
the rule of law at the next part-session.

A subject cannot be included on the agenda for a debate on cases of
breaches of human rights, democracy and the rule of
it is
already on the agenda for that part-session.

law if

There are no provisions in the Rules to allow a joint debate on a
motion for a resolution tabled in accordance with paragraph 2,
second subparagraph, and a committee report on the same subject.

Rule 52

Consultation of the Economic and Social Committee

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

The committee shall
and Social Committee to deliver its opinion.

indicate the deadline for the Economic

A request for consultation of the Economic and Social

2.
Committee shall be approved by Parliament without debate.

***

is made pursuant

When a request
it be
established whether a quorum is present, this request shall be valid
only for the motion for a resolution which is to be put to the vote
and not for those which follow.

to Rule 126(3)

that

Rule 51

Written declarations

activities of

1.
Up to five Members may submit a written declaration of
not more than 200 words on a matter falling within the
European Union. Written
sphere of
the
languages and
declarations shall be printed in the official
distributed. They shall be included with the names of
the
signatories in a register. This register shall be public and shall
be maintained outside the entrance to the Chamber during
in an appropriate
part-sessions and between part-sessions
location to be determined by the College of Quaestors.

Rule 53

Consultation of the Committee of the Regions

A committee may request

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

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

A request

2.
for consultation of
Regions shall be approved by Parliament without debate.

the Committee of

the

Rule 54

Interinstitutional agreements

Any Member may add his signature to a declaration

2.
included in the register.

Parliament may enter

into agreements with other
1.
institutions in the context of the application of the Treaties or
in order to improve or clarify procedures.

3. Where a declaration is
signed by the majority of
Parliament’s component Members, the President shall notify
Parliament
the
signatories in the minutes.

and publish the names of

accordingly

Such a declaration shall, at the end of the part-session, be
4.
forwarded to the institutions named therein together with the
names of the signatories. It shall be included in the minutes of
the sitting at which it is announced. Publication in the minutes
shall close the procedure.

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

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

such agreements

imply the modification of
2. Where
rights or obligations or establish new
existing procedural
procedural rights or obligations for Members or bodies of
Parliament, or otherwise imply modification or interpretation
of the Rules of Procedure, the matter shall be referred to the
committee responsible for examination in accordance with
Rule 180(2) to (6) before the agreement is signed.

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CHAPTER VII

RELATIONS WITH NATIONAL PARLIAMENTS

Rule 55

Exchange of information, contacts and reciprocal facilities

Parliament shall keep the national parliaments of

1.
Member States regularly informed of its activities.

the

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

to facilitate

shall be headed by one of the Vice-Presidents responsible for
implementation of relations with the national parliaments.

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

Rule 56a

Conference of Parliaments

Rule 56

Conference of European Affairs Committees (COSAC)

On a proposal

1.
the Conference of
from the President,
Presidents shall name the members of, and may confer a
mandate on, Parliament’s delegation to COSAC. The delegation

shall designate members of
The Conference of Presidents
Parliament’s delegation to any convention, conference or
similar body involving representatives of parliaments and
confer a mandate upon it
that conforms to any relevant
Parliament resolutions. The delegation shall elect its chairman
and, where appropriate, one or more vice-chairmen.

CHAPTER VIII

LEGISLATIVE PROCEDURES

GENERAL PROVISIONS

Rule 57

Commission’s legislative and work programme

Parliament shall work together with the Commission and
the

to determine the legislative planning of

1.
the Council
European Union.

Parliament and the Commission shall cooperate in preparing
the Commission’s
in
accordance with the
timetable and arrangements agreed
between the two institutions and annexed to these Rules of
Procedure (6).

and work programme

legislative

2.
In urgent and unforeseen circumstances, an institution
may, on its own initiative and according to the procedures laid
down in the Treaties, propose adding a legislative measure to
those proposed in the Legislative Programme.

3.
The President shall forward the resolution adopted by
Parliament to the other institutions which participate in the
European Union’s legislative procedure and to the parliaments
of the Member States.

(6) See Annex XIV.

The President shall ask the Council to express an opinion on
the Commission’s Annual Legislative Programme as well as
Parliament’s resolution.

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

Rule 58

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

During the examination of a legislative proposal, Parliament
shall pay particular attention to respect for fundamental rights
and in particular that the legislative act is in conformity with
the European Union Charter of Fundamental Rights,
the
principles of subsidiarity and proportionality and the rule of
law. In addition, where a proposal has financial implications,
Parliament shall establish whether sufficient financial resources
are provided.

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Rule 59

In case of doubt the President may apply Rule 154(2) prior to
the announcement in Parliament of referral to the committee
responsible.

Initiative pursuant to Article 192 of the EC Treaty

Parliament may request the Commission to submit to it
1.
any appropriate proposal pursuant
to Article 192, second
paragraph, of the EC Treaty by adopting a resolution on the
committee
basis of
responsible. The resolution shall be adopted by a majority of
the component Members of Parliament. Parliament may, at the
same time,
the submission of such a
proposal.

fix a deadline for

an own-initiative

from the

report

a proposal

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

is

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

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

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

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

Programme;

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

unduly delayed;

(c)

the Commission has not responded positively to earlier
responsible or
requests
contained in resolutions adopted by Parliament with a
majority of the votes cast.

committee

from the

either

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

4. Where a proposal has financial implications, Parliament
shall
can be
provided.

indicate how sufficient

resources

financial

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

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

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

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

Rules 67(1) and (3), 68, 69, 144, 158, 159 and 162 shall

4.
not apply during the second and third readings.

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

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

Rule 61

Consultation on initiatives originating from a Member
State

Rule 60

Consideration of legislative documents

1.
Initiatives originating from a Member State pursuant to
Article 67(1) of the EC Treaty or Articles 34(2) and 42 of the
EU Treaty shall be dealt with pursuant to this Rule and to
Rules 58, 60, 63, 63a, 64 and 67.

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

2.
The committee responsible may invite a representative of
the originating Member State to present its initiative to the
committee. The representative may be accompanied by the
Presidency of the Council.

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3.
Before the committee responsible proceeds to the vote, it
shall ask the Commission whether it has prepared a position
on the initiative and if so request the Commission to state its
position to the committee.

4.
If the committee responsible for legal affairs decides to
dispute the validity or the appropriateness of the legal basis, it
shall report its conclusions to Parliament. Parliament shall vote
on this prior to voting on the substance of the proposal.

the Member States) with the

4. When two or more proposals (originating from the
Commission and/or
same
legislative objective have been submitted to Parliament
simultaneously or within a short period of time, Parliament
the
shall deal with them in a single report.
committee responsible shall
it has
proposed amendments and it shall refer to all other texts in
the legislative resolution.

indicate to which text

In its report,

5.
The time period referred to in Article 39(1) of the EU
Treaty shall commence when it is announced in plenary that
Parliament has received, in the official languages, an initiative,
together with an explanatory statement
confirming the
initiative’s conformity with the Protocol on the application of
the principles of subsidiarity and proportionality annexed to
the EC Treaty.

Deleted

Rule 62

Rule 62a

Representation of Parliament in Council meetings

When the Council invites Parliament to take part in a Council
meeting in which the Council acts in a legislative capacity, the
the
President
committee responsible, or another Member designated by the
committee, to represent Parliament.

shall ask the

rapporteur of

chairman or

FIRST READING (cid:151) COMMITTEE STAGE

Rule 63

Verification of legal basis

Amendments tabled in Parliament to change the legal
5.
the committee
basis of a Commission proposal without
responsible or
legal affairs
having disputed the validity or appropriateness of the legal
basis shall be inadmissible.

the committee responsible for

If the Commission does not agree to modify its proposal
6.
the
to conform to the legal basis approved by Parliament,
rapporteur or the chairman of the committee responsible for
legal affairs or of the committee responsible may propose that
the vote on the substance of the proposal be postponed to a
subsequent sitting.

Rule 63a

Verification of financial compatibility

1. Without prejudice to Rule 60, the committee responsible
shall verify the financial compatibility of any Commission
proposal, or any other document of a legislative nature, with
the Financial Perspective.

2. When the committee responsible amends the financial
endowment of the act it is considering,
it shall request the
opinion of the committee responsible for budgetary issues.

3.
The committee responsible for budgetary issues may also
on its own initiative take up questions concerning the financial
compatibility of proposals submitted by the Commission. In
such cases it shall duly inform the committee responsible.

4.
If the committee responsible for budgetary issues decides
to dispute the financial compatibility of the proposal, it shall
report its conclusions to Parliament which shall put them to
the vote.

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

An act declared incompatible may be adopted by
5.
Parliament subject to the decisions of the Budgetary Authority.

If the committee responsible disputes the validity or the
2.
appropriateness of the legal basis, including in the context of
the verification pursuant to Article 5 of the EC Treaty, it shall
request
the opinion of the committee responsible for legal
affairs.

Rule 64

Transparency in the legislative process

3.
The committee responsible for legal affairs may also on
its own initiative take up questions concerning the legal basis
of the proposals submitted by the Commission. In such cases it
shall duly inform the committee responsible.

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

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

the progress of

Rule 65

Modification of a Commission proposal

If

Parliament or

the Commission informs

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

If

2.
proposal, the provisions of Rule 71 shall apply.

the Council substantially modifies the Commission

Rule 66

Commission and Council position on amendments

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

request

shall

it

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

contain only a statement as to whether Parliament approves,
rejects or proposes amendments to the Commission’s proposal
and any procedural requests.

The consultation procedure is concluded if the draft legislative
resolution is adopted.
the
legislative resolution, the proposal shall be referred back to the
committee responsible.

If Parliament does not adopt

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

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

Rule 68

Rejection of a Commission proposal

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

legislative resolution, request

If appropriate, the position of the Commission shall be

3.
included in the report.

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

FIRST READING (cid:151) PLENARY STAGE

Rule 67

Conclusion of first reading

1.
Parliament shall examine the legislative proposal on the
basis of the report drawn up by the committee responsible
pursuant to Rule 159.

Parliament shall

2.
first vote on the amendments to the
proposal with which the report of the committee responsible
is concerned, then on the proposal, amended or otherwise,
then on the amendments to the draft legislative resolution,
then on the draft legislative resolution as a whole, which shall

3.
If
Parliament
responsible without voting on the draft legislative resolution.

the Commission does not withdraw its proposal,
the matter back to the committee

refer

shall

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

If

the committee responsible is unable to meet

the
4.
deadline, it shall request referral back to committee pursuant
to Rule 144(1). If necessary, Parliament may set a new time
limit pursuant to Rule 144(5). If the committee’s request is not
accepted, Parliament shall move to the vote on the draft
legislative resolution.

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Rule 69

Adoption of amendments to a Commission proposal

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

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

the Commission is not

If
in a position to make such a
statement at the end of Parliament’s vote on its proposal, it
shall inform the President or the committee responsible as to
when it will be in a position to do so; the proposal shall then
be placed on the draft agenda of
the first part-session
thereafter.

that

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

the committee responsible may request

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

favourable

vote

a

from the

in view of

fact
the
committee are

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

that
those

FIRST READING (cid:151) FOLLOW-UP PROCEDURE

Rule 70

Follow-up to Parliament’s opinion

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

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

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

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

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

The committee responsible may invite the Commission

2.
and the Council to discuss the matter with it.

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

(cid:151) call upon the Commission to withdraw its proposal, or

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

(cid:151) call upon the Commission or the Council

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

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(cid:151) decide to take such other action as it deems appropriate.

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

the

those set out in paragraph 1, and also where the Council
substantially amends or intends to amend the proposal on
which Parliament originally delivered its opinion, except where
this is done in order to incorporate Parliament’s amendments.

4.
The President shall also request that a proposal for an act
be referred again to Parliament in the circumstances defined in
this Rule where Parliament so decides on a proposal from a
political group or at least thirty-two Members.

Rule 71

Renewed referral to Parliament

Rule 72

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

Conciliation procedure contained in the 1975 Joint
Declaration

The President shall, at

1.
the committee
responsible, ask the Commission to refer its proposal again to
Parliament:

the request of

(cid:151) where the Commission withdraws its initial proposal after
Parliament has adopted its position in order to replace it
with another text, except where this is done in order to
incorporate Parliament’s amendments; or

1. Where,
in the case of certain important Community
decisions, the Council intends to depart from the opinion of
Parliament, a procedure for conciliation with the Council, with
the active participation of the Commission, may be opened by
Parliament when delivering its opinion.

This procedure shall be initiated by Parliament, either at

2.
its own or at the Council’s initiative.

(cid:151) where the Commission substantially amends or intends to
amend its initial proposal, except where this is done in
order to incorporate Parliament’s amendments; or

3.
For the composition and procedure of the delegation to
the conciliation committee and the reporting of the results to
Parliament, Rule 82 shall apply.

(cid:151) where,

through the passage of

in
circumstances, the nature of the problem with which the
proposal is concerned substantially changes; or

time or changes

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

(cid:151) where new elections to Parliament have taken place since
it adopted its position, and the Conference of Presidents
considers it desirable.

Rule 73

shall, at

Parliament

request of

2.
committee
the
responsible, ask the Council to refer again to Parliament a
proposal submitted by the Commission pursuant to Article
251 of the EC Treaty, where the Council intends to modify the
legal basis of the proposal with the result that the procedure
laid down in Article 251 would no longer apply.

the

Procedures leading to the adoption of other acts

At

the

request of

3.
the
President shall call on the Council to reconsult Parliament in
the same circumstances and under the same conditions as

responsible,

committee

the

Approval of Parliament’s amendments by the Council

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

that

Before making this announcement,

2.
the President shall
verify that any technical adaptations made by the Council to
the proposal do not affect the substance. In case of doubt, he
shall consult the committee responsible. If any changes made
are considered to be substantive, the President shall inform the

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Council that Parliament will proceed to a second reading as
soon as the conditions laid down in Rule 74 are fulfilled.

The President shall notify Parliament of any extension of
the EC Treaty,
to Article 251(7) of

2.
time limits pursuant
whether at the initiative of Parliament or of the Council.

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

The President, after consulting the chairman of

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

SECOND READING (cid:151) COMMITTEE STAGE

Rule 76

Rule 74

Communication of the Council’s common position

the Council’s

Communication of

is announced by the President

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

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

in agreement with the Council,

the President,

shall

A list of such communications shall be published in the
the

the sitting together with the name of

2.
minutes of
committee responsible.

Rule 75

Extension of time limits

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

request of Parliament’s

the

at

Referral to and procedure in the committee responsible

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

The common position shall be entered as the first item
the committee
the first meeting of
its communication. The

2.
on the agenda of
responsible following the date of
Council may be invited to present the common position.

Unless otherwise decided, the rapporteur during second

3.
reading shall be the same as during first reading.

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

that committee may table proposals for

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

The

committee

responsible

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

submit

shall

SECOND READING (cid:151) PLENARY STAGE

Rule 77

Conclusion of second reading

For any extension of time limits pursuant to Article 252(g) of
the EC Treaty or Article 39(1) of the EU Treaty the President
shall seek the agreement of the Council.

1.
recommendation for

The Council’s common position and, where available, the
committee
second reading of

the

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responsible shall automatically be placed on the draft agenda
for the part-session whose Wednesday falls before and closest
to the day of expiry of the period of three months or,
if
extended in accordance with Rule 75, of four months, unless
the matter has been dealt with at an earlier part-session.

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

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

Rule 78

Approval without amendment of the Council’s common
position

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

the President

to reject,

Rule 79

Rejection of the Council’s common position

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

table a proposal

to reject

If the common position of the Council is rejected, the
the legislative

3.
President shall announce in Parliament
procedure is closed.

that

By derogation from paragraph 3,

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

Rule 80

Amendments to the Council’s common position

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

An amendment

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

(a)

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

(b) to reach a
Parliament; or

compromise between the Council

and

(c)

to amend a part of the text of a common position which
was not included in (cid:151) or differs in content from (cid:151) the
proposal submitted in first reading and which does not
amount to a substantial change within the meaning of
Rule 71; or

(d) to take account of a new fact or legal situation which has

arisen since the first reading.

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

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

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

An amendment shall be adopted only if it secures the

4.
votes of a majority of the component Members of Parliament.

Before voting on the amendments, the President may ask
to

5.
the Commission to state its position and the Council
comment.

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THIRD READING (cid:151) CONCILIATION

Rule 81

Convening of Conciliation Committee

The Conference of Presidents shall lay down further procedural
guidelines for the work of the delegation to the Conciliation
Committee.

The results of the conciliation shall be reported by the

8.
delegation to Parliament.

informs Parliament that it is unable to
Where the Council
approve all Parliament’s amendments to the common position,
the President shall, together with the Council, agree to a time
and place for a first meeting of the Conciliation Committee.
The six-week or, if extended, eight-week deadline provided for
in Article 251(5) of the EC Treaty shall run from the time at
which the Committee first meets.

THIRD READING (cid:151) PLENARY STAGE

Rule 83

Joint text

Rule 82

Delegation to Conciliation Committee

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

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

The political

composition of

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

for

three members who shall be

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

from among
least

groups
represent at

in each particular

responsible

case

the

The political groups represented on the delegation shall

4.
appoint substitutes.

Political

groups
the

5.
represented
representative to any internal preparatory meeting of
delegation.

and Non-attached Members
send
delegation may

each

on

not
one
the

The delegation shall be led by the President or by one of

6.
the three permanent members.

The

chairman or

2.
designated member of
another
Parliament’s delegation to the Conciliation Committee shall
make
text, which shall be
accompanied by a report.

statement on the

joint

a

3.

No amendments may be tabled to the joint text.

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

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

Rule 84

Signature of adopted acts

The text of acts adopted jointly by Parliament and the
and by the
signed by the President
the

1.
Council
Secretary-General, once it has been verified that all
procedures have been duly completed.

shall be

2.
in
Acts adopted jointly by Parliament and the Council
accordance with the procedure laid down in Article 251 of the
EC Treaty shall indicate the nature of the relevant act followed
by the serial number, by the date of its adoption and by an
indication of its subject matter.

The delegation shall decide by a majority of its members.

7.
Its deliberations shall not be public.

Acts adopted jointly by Parliament and the Council shall

3.
contain the following:

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(a)

(cid:145)The European Parliament and the Council of the European
Union(cid:146),

(b) a reference to the provisions under which the act
adopted, preceded by the words (cid:145)Having regard to(cid:146);

is

(c) a citation containing a reference to proposals submitted,

opinions obtained and consultations held;

(d) a statement of the reasons on which the act is based,

introduced by the word (cid:145)Whereas(cid:146);

(e) a phrase such as (cid:145)have adopted this Regulation(cid:146) or (cid:145)have
adopted this Directive(cid:146) or (cid:145)have adopted this Decision(cid:146) or
(cid:145)have decided as follows(cid:146), followed by the body of the act.

plenary by the Council, deliberate on the basis of a proposal
submitted orally or in writing by its committee responsible
and advocating approval or rejection of the recommendations
on which Parliament has been consulted.

Parliament shall then take a single collective vote on the

2.
recommendations, to which no amendments may be tabled.

ASSENT PROCEDURE

Rule 86

Acts shall be divided into articles, if appropriate grouped

4.
into chapters and sections.

Conclusion of assent procedure

5.
The last article of an act shall specify the date of entry
into force, where that date is before or after the twentieth day
following publication.

6.

The last article of an act shall be followed by:

1. Where Parliament is requested to give its assent to a
proposed act,
take a decision on the basis of a
recommendation from the committee responsible to approve
or reject the act.

it shall

(cid:151) the appropriate formulation, according to the relevant

provisions of the Treaty, as to its applicability;

(cid:151) (cid:145)Done at (cid:133)(cid:146), followed by the date on which the act was

adopted;

Parliament shall take a decision on the act requiring its assent
under the EC or EU Treaty by means of a single vote, and no
amendments may be tabled. The majority required for the
adoption of the assent shall be the majority indicated in the
article of the EC Treaty or of the EU Treaty that constitutes the
legal basis for the proposed act.

(cid:151) (cid:145)For

the European Parliament The President(cid:146),

the
Council The President(cid:146),
the
President of Parliament and of the President-in-Office of
the Council when the act is adopted.

(cid:145)For
followed by the name of

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

PROCEDURE FOR DELIVERING OPINIONS ON COUNCIL
RECOMMENDATIONS

Rule 85

2.
For accession treaties and international agreements and
determination of a serious and persistent breach of common
principles by a Member State, Rules 96, 97 and 108 shall
apply respectively. For an enhanced cooperation procedure in
an area covered by the procedure laid down in Article 251 of
the EC Treaty, Rule 109 shall apply.

3. Where Parliament’s assent
is required for a legislative
proposal, the committee responsible may decide, in order to
facilitate a positive outcome of the procedure, to present an
interim report on the Commission proposal to Parliament with
a motion for a resolution containing recommendations for
modification or implementation of the proposal.

Procedure for delivering opinions pursuant to Article 122
of the EC Treaty

If Parliament approves at
President shall request further discussion with the Council.

least one recommendation the

Parliament

1. When
Council
is
recommendations pursuant to Article 122(2) of the EC Treaty,
it shall, after these recommendations have been presented in

consulted

on

committee

The
final
recommendation for the assent of Parliament in the light of
the outcome of the discussion with the Council.

shall make

responsible

its

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DIALOGUE BETWEEN MANAGEMENT AND LABOUR

Rule 87

Procedures relating to dialogue between management and
labour

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

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

and labour have

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

VOLUNTARY AGREEMENTS

Rule 87a

Procedures relating to scrutiny of voluntary agreements

the Commission informs Parliament of

1. Where
its
intention to explore the use of voluntary agreements as an
alternative to legislation, the committee responsible may draw
up a report on the substantive issue in question pursuant to
Rule 163.

2. When the Commission announces that it intends to enter
into a voluntary agreement, the committee responsible may
table a motion for a resolution recommending the approval or
rejection of the proposal, and under what conditions.

committee

On a proposal

2.
responsible,
from the
Parliament may, within one month (cid:151) or three months for
financial services measures (cid:151) of the date of receipt of the
draft implementing measure, adopt a resolution objecting to
the draft measure, in particular if it exceeds the implementing
powers provided for in the basic instrument. Where there is
no part-session before the deadline expires, or in cases where
urgent action is required, the right of response shall be deemed
to have been delegated to the committee responsible. This shall
take the form of a letter from the committee chairman to the
Member of the Commission responsible, and shall be brought
to the attention of all Members of Parliament. If Parliament
objects
the
Commission to withdraw or amend the measure or submit a
proposal under the appropriate legislative procedure.

to the measure,

the President

request

shall

Rule 89

Official codification of Community legislation

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

The chairman of

the committee responsible or

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

3.
the
Notwithstanding the provisions of Rule 158(3),
simplified procedure may not be applied to a proposal for
official codification where this procedure is opposed by a
majority of the members of the committee responsible for
legal affairs or of the committee responsible.

SUPERVISORY POWERS

Rule 90

Rule 88

Implementing provisions

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

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

If, within three or, with the agreement of the Council, four
the common position
months of

the communication of

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to Article 252 of

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

Rule 91

Proceedings before the Court of Justice

The committee responsible shall report

2.
to Parliament,
orally if necessary, where it suspects a breach of Parliament’s
rights.

The President

3.
Parliament
committee responsible.

in accordance with the recommendation of

shall bring an action on behalf of
the

the start of

the following part-session, he may put

At
to
plenary the decision on maintaining the action. Should plenary
rule against the action by a majority of the votes cast, he shall
withdraw it.

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

Should the President bring an action contrary to the
recommendation of the committee responsible, he shall put to
plenary, at the start of the following part-session, the decision
on maintaining the action.

CHAPTER IX

BUDGETARY PROCEDURES

Rule 92

Rule 93a

General Budget

Other discharge procedures

for examination of

Implementing procedures
the General
Budget of the European Union and supplementary budgets, in
the Treaties
accordance with the financial provisions of
establishing the European Communities, shall be adopted by
resolution of Parliament and annexed to these Rules (7).

The provisions governing the procedure for discharge to the
Commission in respect of the implementation of the budget
shall likewise apply to:

(cid:151) the procedure for discharge to the President of

the
European Parliament in respect of the implementation of
the budget of the European Parliament;

Rule 93

Discharge to the Commission in respect of
implementation of the budget

(cid:151) the procedure for discharge to the persons responsible for
the implementation of the budgets of other institutions
and bodies of the European Union such as the Council (as
regards its activity as executive), the Court of Justice, the
Court of Auditors, the Economic and Social Committee
and the Committee of the Regions;

The provisions concerning the implementing procedures for
the decision on the granting of discharge to the Commission
in respect of the implementation of the budget in accordance
with the financial provisions of the Treaties establishing the
European Communities and the Financial Regulation are
attached to these Rules as an annex (8). This annex shall be
adopted pursuant to Rule 181(2).

(7) See Annex IV.
(8) See Annex V.

(cid:151) the procedure for discharge to the Commission in respect
the European

the implementation of

the budget of

of
Development Fund;

(cid:151) the procedure for discharge to the bodies responsible for
the budgetary management of legally independent entities
which carry out Community tasks,
in so far as their
activities are subject to legal provisions requiring discharge
by the European Parliament.

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Rule 94

Parliamentary control over implementation of the budget

shall monitor

1.
Parliament
the
task to the
current year’s budget.
committee responsible for budgetary control and the other
committees concerned.

the implementation of
this

shall entrust

It

2.
Each year it shall consider, before the first reading of the
the problems
draft budget for the following financial year,
involved in the implementation of the current budget, where
appropriate on the basis of a motion for a resolution tabled by
its committee responsible.

CHAPTER X

TREATIES

Deleted

Rule 95

Rule 96

Accession treaties

Any application by a European State to become a
the European Union shall be referred to the

1.
member of
committee responsible for consideration.

Throughout

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

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

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

Parliament may decide, on a proposal

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

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

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

CHAPTER XI

Rule 97

International agreements

its

about
necessary on a confidential basis.

recommendations

for a negotiating mandate,

if

is

intended to open negotiations on the
1. When it
renewal or
an international
conclusion,
including agreements in specific areas such as
agreement,
monetary affairs or trade,
the committee responsible shall
ensure that Parliament is fully informed by the Commission

amendment of

Parliament may, on a proposal

from the committee
2.
responsible, a political group or at least thirty-two Members,
request
the opening of
negotiations until Parliament has stated its position on the
proposed negotiating mandate on the basis of a report from
the committee responsible.

the Council not

to authorise

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chosen legal basis

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

concluding the

for

Throughout

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

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

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

renewal or

Parliament shall give its opinion on, or its assent to, the
7.
conclusion,
an international
agreement or a financial protocol concluded by the European
Community in a single vote by a majority of the votes cast
without amendments to the text of the agreement or protocol
being admissible.

amendment of

If the opinion adopted by Parliament

the Council not

is negative,

the
to conclude the

8.
President
agreement in question.

shall

request

If Parliament withholds its assent

9.
agreement,
agreement in question cannot be concluded.

the President shall notify the Council

to an international
the

that

Rule 98

Procedures based on Article 300 of the EC Treaty in the
case of provisional application or the suspension of
international agreements or the establishment of the
Community position in a body set up by an international
agreement

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

immediately

Rule 99

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

1.
Prior to the appointment of a High Representative for
the common foreign and security policy, the President shall
the Council
invite the President-in-Office of
to make a
to Article 21 of the EU
statement
to Parliament, pursuant
the
the President of
Treaty. The President
Commission to make a statement at the same time.

invite

shall

Upon the appointment of the new High Representative
2.
to
for the common foreign and security policy, pursuant
Article 207(2) of the EC Treaty, and before he officially takes
up his duties, the President shall invite the High Representative
to make a statement
the
committee responsible.

to, and answer questions from,

3.
Following the statements and answers referred to in
paragraphs 1 and 2 and at the initiative of the committee
responsible, or in accordance with Rule 49, Parliament may
make a recommendation.

Rule 100

Appointment of special representatives for the purposes
of the common foreign and security policy

intends

to appoint

a Special
the Council
1. Where
Representative under Article 18(5) of
the
President, at the request of the committee responsible, shall
invite the Council to make a statement and answer questions
concerning the mandate,
the objectives and other relevant
matters relating to the tasks and role to be performed by the
Special Representative.

the EU Treaty,

2.
Once the Special Representative has been appointed, but
prior to taking up the position, the appointee may be invited
to appear before the committee responsible to make a
statement and answer questions.

3. Within three months of the hearing, the committee may
propose a recommendation pursuant
to Rule 49 relating
directly to the statement made and answers provided.

The Special Representative shall be invited to keep
fully and regularly informed as to the practical

4.
Parliament
implementation of his mandate.

Rule 101

Statements by the High Representative for the common
foreign and security policy and by other special
representatives

1.
The High Representative shall be invited to make
statements in Parliament at least four times a year. Rule 37
shall apply.

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2.
The High Representative shall be invited at least four
times a year to attend meetings of the committee responsible
in order to make a statement and answer questions. The High
Representative may also be invited on other occasions,
whenever the committee considers this to be necessary, or at
his initiative.

3. Whenever a special representative is appointed by the
Council with a mandate in relation to particular policy issues,
he may be invited to make a statement to the committee
responsible, at Parliament’s or at his initiative.

Rule 102

International representation

4.
The Council and/or the High Representative and the
Commission shall be invited to each plenary debate that
involves either foreign, security or defence policy.

Rule 104

Recommendations within the framework of the common
foreign and security policy

1.
The committee responsible for the common foreign and
security policy may draw up recommendations to the Council
in its areas of responsibility after obtaining authorisation from
the Conference of Presidents or on a proposal within the
meaning of Rule 49.

1. Where a Head of a Commission external delegation is to
be appointed, the nominee may be invited to appear before
the relevant body of Parliament
to make a statement and
answer questions.

2.
In urgent cases the authorisation referred to in paragraph
1 may be granted by the President, who may likewise
authorise an emergency meeting of the committee concerned.

the hearing provided for in
2. Within three months of
paragraph 1,
a
committee
resolution or make a recommendation, as appropriate, relating
directly to the statement made and answers provided.

responsible may

adopt

the

Rule 103

Consultation of and provision of information to
Parliament within the framework of the common foreign
and security policy

1. Where Parliament is consulted pursuant to Article 21 of
the EU Treaty, the matter shall be referred to the committee
responsible which may make recommendations pursuant to
Rule 104.

2.
The committees concerned shall seek to ensure that the
High Representative for the common foreign and security
policy, the Council and the Commission provide them with
regular and timely information on the development and
implementation of the Union’s common foreign and security
policy, on the costs envisaged each time that a decision
entailing expenditure is adopted under that policy and on any
other financial considerations relating to the implementation of
actions under that policy. Exceptionally, at the request of the
Commission,
the High Representative, a
committee may decide to hold its proceedings in camera.

the Council or

3.
An annual debate shall be held on the consultative
document established by the Council on the main aspects and
the common foreign and security policy,
basic choices of
including the financial implications for the Union budget. The
procedures laid down in Rule 37 shall apply.

(See also interpretation under Rule 49.)

3.
During the process for adopting these recommendations,
which must be put to the vote in the form of a written text,
Rule 117 shall not apply and oral amendments shall be
admissible.

The non-application of Rule 117 is possible only in committee and
only in urgent cases. Neither at committee meetings not declared to
be urgent nor in plenary sitting may there be any departure from the
provisions of Rule 117.

The provision stating that oral amendments shall be admissible
means that members may not object to oral amendments being put
to the vote in committee.

on

the

agenda

4.
Recommendations drawn up in this way shall be
included on the agenda for the next part-session. In urgent
cases decided upon by the President, recommendations may be
part-session.
included
Recommendations shall be deemed adopted unless, before the
beginning of
thirty-two Members
submit a written objection,
in which case the committee’s
recommendations shall be included on the agenda of the same
part-session for debate and voting. A political group or at least
thirty-two Members may table amendments.

the part-session, at

current

least

of

a

Rule 104a

Violation of human rights

the
At each part-session, without
committees
responsible may each table a motion for a
resolution under the same procedure as laid down in Rule
104(4) concerning cases of violation of human rights.

requiring authorisation,

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CHAPTER XII

POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

Rule 105

Provision of information to Parliament in the fields of
police and judicial cooperation in criminal matters

1.
The committee responsible shall ensure that Parliament is
fully and regularly informed on the activities covered by police
and judicial cooperation in criminal matters and that
its
opinions are duly taken into consideration when the Council
adopts common positions defining the approach of the Union
to a particular matter pursuant to Article 34(2)(a) of the EU
Treaty.

2.
Exceptionally, at the request of the Commission or the
Council, a committee may decide to hold its proceedings in
camera.

3.
The debate referred to in Article 39(3) of the EU Treaty
shall be held in accordance with the arrangements laid down
in Rule 37(2), (3) and (4).

Rule 106

Consultation of Parliament in the fields of police and
judicial cooperation in criminal matters

Consultation of Parliament pursuant to Article 34(2)(b), (c) and
(d) of the EU Treaty shall be dealt with pursuant to Rules 58,
60, 61, 63, 63a, 64 and 67.

Where applicable, consideration of the proposal shall then be
placed, at the latest, on the agenda of the last sitting to be held
before expiry of the time limit laid down in accordance with
Article 39(1) of the EU Treaty.

When Parliament is consulted on the draft Council decision
appointing the Director and Board members of Europol, Rule
35 shall apply mutatis mutandis.

Rule 107

Recommendations in the fields of police and judicial
cooperation in criminal matters

1.
The committee responsible for matters relating to police
and judicial cooperation in criminal matters may draw up
recommendations to the Council in the field covered by Title
VI of the EU Treaty after obtaining authorisation from the
Conference of Presidents or on a proposal within the meaning
of Rule 49.

2.
In urgent cases the authorisation referred to in paragraph
1 may be granted by the President, who may likewise
authorise an emergency meeting of the committee concerned.

3.
Recommendations drawn up in this way shall be
included on the agenda for the next part-session. Rule 104(4)
shall apply mutatis mutandis.

(See also interpretation under Rule 49.)

CHAPTER XIII

BREACH BY A MEMBER STATE OF FUNDAMENTAL PRINCIPLES

Rule 108

Determination of a breach

(b) vote on a proposal calling on the Commission or the
Member States to submit a proposal pursuant to Article
7(2) of the EU Treaty;

Parliament may, on the basis of a specific report of the

1.
committee responsible under Rule 163:

(c) vote on a proposal calling on the Council to act pursuant
to Article 7(3) or, subsequently, Article 7(4) of the EU
Treaty;

(a) vote on a reasoned proposal calling on the Council to act

pursuant to Article 7(1) of the EU Treaty;

2.
Any request from the Council for assent on a proposal
submitted pursuant to Article 7(1) and (2) of the EU Treaty

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along with the observations submitted by the Member State
in urgent and
shall be announced to Parliament. Except
justified circumstances, Parliament shall take its decision on a
proposal from the committee responsible.

resolution shall set out Parliament’s views on a serious breach
by a Member State, on the appropriate sanctions and on
varying or revoking those sanctions.

Decisions under paragraphs 1 and 2 shall require a
3.
two-thirds majority of the votes cast, representing a majority
of Parliament’s component Members.

The committee responsible may submit an accompanying
4.
motion for a resolution when Parliament is called upon to give
to paragraph 2. This motion for a
its assent pursuant

to its assent as given pursuant

The committee responsible shall ensure that Parliament is
5.
fully informed and, where necessary, asked for its views on all
follow-up measures
to
invited to outline
paragraph 3. The Council
developments
from the
committee responsible, drawn up with the authorisation of the
Conference
adopt
of
recommendations to the Council.

shall be
appropriate. On a proposal

Parliament

Presidents,

may

as

CHAPTER XIV

ENHANCED COOPERATION

Rule 109

Procedures in Parliament

2.
The committee responsible shall verify compliance with
Article 11 of the EC Treaty and Articles 27a, 27b, 40, 43, 44
and 44a of the EU Treaty.

1.
Requests by Member States or Commission proposals to
introduce enhanced cooperation between Member States and
consultations of Parliament pursuant to Article 40a(2) of the
EU Treaty shall be referred by the President to the committee
responsible for consideration. Rules 60, 63 to 72 and 86 shall
apply as appropriate.

3.
Subsequent acts proposed under enhanced cooperation,
once it is established, shall be dealt with in Parliament under
the same procedures as when enhanced cooperation does not
apply.

CHAPTER XV

ORDER OF BUSINESS OF PARLIAMENT

Rule 110

Draft agenda

The final draft agenda shall be distributed to Members at

4.
least three hours before the beginning of the part-session.

1.
Before each part-session the draft agenda shall be drawn
up by the Conference of Presidents on the basis of
recommendations by the Conference of Committee Chairmen
and taking into account
legislative
the
programme referred to in Rule 57.

agreed annual

The Commission and Council may attend the deliberations of
the Conference of Presidents on the draft agenda at
the
invitation of the President.

The draft agenda may indicate voting times for certain

2.
items down for consideration.

3.
One or two periods, together totalling a maximum of 60
minutes, may be set aside in the draft agenda for debates on
cases of breaches of human rights, democracy and the rule of
law pursuant to Rule 50.

Rule 110a

Procedure in plenary without amendment and debate

Any

proposal

legislative

1.
any
non-legislative motion for a resolution adopted in committee
with fewer than one-tenth of the members of the committee
shall be placed on the draft agenda of
voting against
Parliament for vote without amendment.

reading)

(first

and

The item shall then be subject to a single vote unless, before
the drawing up of the final draft agenda, political groups or
individual Members who together constitute one-tenth of the
Members of Parliament have requested in writing that the item
be open to amendment, in which case the President shall fix a
deadline for tabling amendments.

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2.
Items placed on the final draft agenda for vote without
amendment shall also be without debate unless Parliament,
when adopting its agenda at the start of a part-session, decides
otherwise on a proposal from the Conference of Presidents, or
if
thirty-two
Members.

requested by a political group or at

least

agenda of

final draft

3. When drawing up the
a
part-session, the Conference of Presidents may propose that
other items be taken without amendment or without debate.
When adopting its agenda, Parliament may not accept any
such proposal
thirty-two
if a political group or at
Members have tabled their opposition in writing at least one
hour before the opening of the part-session.

least

4. When an item is taken without debate, the rapporteur or
the chairman of
the committee responsible may make a
statement of not more than two minutes immediately prior to
the vote.

2.
The request shall be submitted to the President in writing
at least three hours prior to the start of the part-session at
which the extraordinary debate is to take place. The vote on
this request shall be taken at the start of the part-session when
Parliament adopts its agenda.

3.
In response to events that take place after the adoption
of the agenda for a part-session, the President, after consulting
the chairmen of
the political groups, may propose an
extraordinary debate. Any such proposal shall be voted on at
the start of a sitting or at a scheduled voting time, having been
notified to Members at least one hour beforehand.

4.
The President shall determine the time at which such a
debate is to be held. The overall duration of the debate shall
not exceed 60 minutes. Speaking time shall be allocated to the
political groups and the Non-attached Members pursuant to
Rule 120(2) and (3).

The debate shall be wound up without the adoption of a

5.
resolution.

Rule 111

Adopting and amending the agenda

Rule 112

1.
At the beginning of each part-session, Parliament shall
take a decision on the final draft agenda. Amendments may be
least
proposed by a committee, a political group or at
thirty-two Members. Any such proposals must be received by
the President at
the
part-session. The President may give the floor to the mover,
one speaker in favour and one speaker against, in each case for
not more than one minute.

least one hour before the opening of

2.
Once adopted, the agenda may not be amended, except
in pursuance of Rules 112 and 143 to 147 or on a proposal
from the President.

If a procedural motion to amend the agenda is rejected, it may
not be tabled again during the same part-session.

Before closing the sitting, the President shall announce

3.
the date, time and agenda of the next sitting.

Rule 111a

Extraordinary debate

1.
A political group or at least thirty-two Members may
request that an extraordinary debate on a matter of major
interest
relating to European Union policy be placed on
Parliament’s agenda. As a rule, no more than one extraordinary
debate shall be held during each part-session.

Urgent procedure

A request

that a debate on a proposal on which
1.
Parliament has been consulted pursuant
to Rule 60(1) be
treated as urgent may be made to Parliament by the President,
a committee, a political group, at least thirty-two Members, the
Commission or the Council. This request shall be made in
writing and supported by reasons.

2.
for
As soon as the President has received a request
urgent debate he shall announce this to Parliament. The vote
on the request shall be taken at the beginning of the sitting
following that during which the announcement was made,
provided that the proposal to which the request relates has
languages. Where there are
been distributed in the official
several requests for urgent debate on the same subject, the
approval or rejection of the request for urgent debate shall
apply to all the requests on the same subject.

3.
Before the vote, only the mover, one speaker in favour,
one speaker against, and the chairman and/or rapporteur of
the committee responsible may be heard, in each case for not
more than three minutes.

4.
Questions to be dealt with by urgent procedure shall be
given priority over other items on the agenda. The President
shall determine the time of the debate and vote.

5.
An urgent debate may be held without a report or,
exceptionally, on the basis of an oral report by the committee
responsible.

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Rule 113

Joint debate

A decision may be taken at any time to debate similar or
factually related items of business jointly.

Rule 115

Time limits

Rule 114

Deleted

Except in the cases of urgency referred to in Rules 50 and
112, a debate and vote shall not be opened on a text unless it
was distributed at least twenty-four hours previously.

CHAPTER XVI

GENERAL RULES FOR THE CONDUCT OF SITTINGS

Rule 116

Access to the Chamber

No person may enter the Chamber except Members of
1.
the
Parliament, Members of
Secretary-General of Parliament, members of staff whose duties
require their presence there, and experts or officials of the
European Union.

the Commission or Council,

2.
Only holders of an admission card duly issued by the
President or Secretary-General of Parliament shall be admitted
to the galleries.

there are discrepancies between different

Where it has been established after the result of a vote has been
announced that
language
versions, the President shall decide whether the result announced is
valid pursuant to Rule 138(5). If he declares the result valid, he shall
decide which version is to be regarded as having been adopted.
However, the original version cannot be taken as the official text as a
general rule, since a situation may arise in which all
the other
languages differ from the original text.

Rule 118

Distribution of documents

3. Members of the public admitted to the galleries shall
remain seated and keep silent. Any person expressing approval
or disapproval shall immediately be ejected by the ushers.

Documents forming the basis for Parliament’s debates and
decisions shall be printed and distributed to Members. A list of
these documents
shall be published in the minutes of
Parliament’s sittings.

Rule 117

Languages

All documents of Parliament shall be drawn up in the

1.
official languages.

All Members shall have the right to speak in Parliament
2.
in the official language of their choice. Speeches delivered in
one of
simultaneously
interpreted into the other official languages and into any other
language the Bureau may consider necessary.

the official

languages

shall be

Without prejudice to the application of the first paragraph,
Members and political groups shall have direct access to the
European Parliament’s
the
consultation of any non-confidential preparatory document
(draft report, draft recommendation, draft opinion, working
document, amendments tabled in committee).

system for

computer

internal

Rule 119

Calling speakers and content of speeches

3.
Interpretation shall be provided in committee meetings
from and into the official languages used and requested by the
members and substitutes of that committee.

1.
No Member may speak unless called upon to do so by
the President. Members shall speak from their places and shall
address the Chair; the President may invite them to come to
the rostrum.

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2.
If a speaker departs from the subject, the President shall
call him to order. If a speaker has already been called to order
twice in the same debate, the President may, on the third
occasion, forbid him to speak for the remainder of the debate
on the same subject.

a text originating from the Council, the President may invite
the Council to speak first, in each case to be followed by the
rapporteur. The Commission and Council may be heard again,
in particular to respond to the statements made by Members.

3. Without prejudice to his other disciplinary powers, the
President may cause to be deleted from the reports of debates
of sittings the speeches of Members who have not been called
upon to speak by him or who continue to speak beyond the
time allotted to them.

6. Without prejudice to Article 197 of the EC Treaty, the
President
seek to reach an understanding with the
Commission and Council on appropriate allocation of speaking
time for them.

shall

4.
A speaker may not be interrupted except by the
President. He may, however, by leave of the President, give
way during his
the
Commission or the Council to put a question to him on a
particular point in his speech.

speech to allow another Member,

7. Members who have not spoken in a debate may, at most
once per part-session, hand in a written statement of not more
than 200 words that shall be appended to the verbatim report
of the debate.

Rule 120

Allocation of speaking time

Rule 121

List of speakers

The Conference of Presidents may propose to Parliament
speaking time be allocated for a particular debate.

1.
that
Parliament shall decide on this proposal without debate.

Speaking time shall be allocated in accordance with the

2.
following criteria:

(a) a first fraction of speaking time shall be divided equally

among all the political groups;

(b) a further fraction shall be divided among the political
their

in proportion to the total number of

groups
members;

The names of Members who ask leave to speak shall be
1.
entered in the list of speakers in the order in which their
requests are received.

2.
The President shall call upon Members to speak, ensuring
as far as possible that speakers of different political views and
using different languages are heard in turn.

3.
On request, however, priority may be given to the
rapporteur of the committee responsible and to the chairmen
of political groups who wish to speak on behalf of
their
groups, or to speakers deputising for them.

(c)

the Non-attached Members shall be allocated an overall
speaking time based on the fractions allocated to each
political group under subparagraphs (a) and (b).

No Member may speak more than twice on the same

4.
subject, except by leave of the President.

3. Where a total speaking time is allocated for several items
on the agenda, the political groups shall inform the President
of the fraction of their speaking time to be used for each
individual item. The President shall ensure that these speaking
times are respected.

The chairman and the rapporteur of the committees concerned
for a
shall, however, be allowed to speak at
period to be decided by the President.

their request

No Member may speak for more than one minute on
the minutes, procedural motions,

4.
any of
amendments to the final draft agenda or to the agenda.

the following:

5.
The Commission and Council shall be heard in the
debate on a report as a rule immediately after its presentation
by the rapporteur. However,
in a debate on a Commission
proposal, the President shall invite the Commission to speak
first in order to briefly present its proposal, and when debating

Rule 121a

One-minute speeches

For a period of not more than thirty minutes during the first
sitting of each part-session the President shall call Members

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who wish to draw Parliament’s attention to a matter of
political importance. Speaking time for each Member shall not
exceed one minute. The President may allow a further such
period later during the same part-session.

disciplinary measure is carried out
assistance of
Security Service.

the ushers and,

immediately, with the
if necessary, of Parliament’s

Rule 122

Personal statements

Rule 124

Exclusion of Members

1.
A Member who asks to make a personal statement shall
be heard at the end of the discussion of the item of the agenda
being dealt with or when the minutes of the sitting to which
the request
leave to speak refers are considered for
approval.

for

The Member concerned may not speak on substantive matters
but shall confine his observations to rebutting any remarks
that have been made about his person in the course of the
debate or opinions that have been attributed to him, or to
correcting observations that he himself has made.

Unless

2.
statement shall last for more than three minutes.

Parliament

decides

otherwise, no personal

Rule 123

Order in the Chamber

The President shall call to order any Member who creates

1.
a disturbance during the proceedings.

2.
Should the offence be repeated, the President shall again
call the Member to order, and the fact shall be recorded in the
minutes.

If a further offence is committed,

3.
the President may
exclude the offender from the Chamber for the remainder of
this
the sitting. The Secretary-General shall see to it

that

In serious cases of disorder or disruption of Parliament,
1.
the President may, after giving formal notice, move, either
immediately or no later
that
Parliament pass a vote of censure which shall automatically
and
exclusion
immediate
involve
suspension for two to five days.

than the next part-session,

from the Chamber

2.
Parliament shall decide whether to take such disciplinary
action at a time to be decided by the President, which shall be
the sitting during which the events in question
either at
occurred or,
in the case of disruption outside the Chamber,
when the President was informed, or at the latest at the next
part-session. The Member concerned shall be entitled to be
heard by Parliament before the vote. His speaking time shall
not exceed five minutes.

3.
An electronic vote shall be taken without debate on the
request for disciplinary action. Requests submitted pursuant to
Rules 126(3) and 134(1) shall not be admissible.

Rule 125

Disturbances

threaten to obstruct

the
Should disturbances in Parliament
business of the House, the President shall close or suspend the
sitting for a specific period to restore order. If he cannot make
himself heard, he shall
leave the Chair; this shall have the
effect of suspending the sitting. The President shall reconvene
the sitting.

CHAPTER XVII

QUORUM AND VOTING

Rule 126

Quorum

A quorum shall exist when one third of the component

2.
Members of Parliament are present in the Chamber.

Parliament may deliberate, settle its agenda and approve

1.
the minutes, whatever the number of Members present.

3.
All votes shall be valid whatever the number of voters
unless the President, on a request made before voting has
begun by at
the
moment of voting that the quorum is not present. If the vote

thirty-two Members, establishes at

least

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shows that the quorum is not present, the vote shall be placed
on the agenda of the next sitting.

Parliament
contained in the report.

shall not vote on the explanatory statement

A request for the quorum to be established must be made by at least
thirty-two Members. A request on behalf of a political group is not
admissible.

the vote, account must be taken,
When establishing the result of
pursuant to paragraph 2, of all the Members present in the Chamber
and, pursuant to paragraph 4, of all the Members who asked for the
quorum to be established. The electronic voting system cannot be used
for this purpose. The doors of the Chamber may not be closed.

2.

The following procedure shall apply to second readings:

(a) where no proposal

to reject or amend the Council’s
common position has been tabled, the common position
shall be deemed to have been approved in accordance with
Rule 78;

(b) a proposal to reject the common position shall be voted
upon before voting on any amendments (see Rule 79(1));

If the number of Members required to make up the quorum is not
present, the President shall not announce the result of the vote but
shall declare that the quorum is not present.

(c) where several amendments to the common position have
been tabled they shall be put to the vote in the order set
out in Rule 130;

Paragraph 3 last sentence shall not apply to votes on procedural
motions but only to votes on the subject matter itself.

(d) where Parliament has proceeded to a vote to amend the
common position, a further vote on the text as a whole
may only be taken in accordance with Rule 79(2).

the quorum to be
4. Members who have asked for
established shall be counted as being present within the
meaning of paragraph 2, even if they are no longer in the
Chamber.

The procedure set out in Rule 83 shall apply to third

3.
readings.

If

5.
President may rule that there is no quorum.

than thirty-two Members are present,

fewer

the

4.
In voting on legislative texts and on non-legislative
motions for resolutions, votes relating to substantive parts shall
be taken first,
followed by votes relating to citations and
recitals. Amendments shall fall if they contradict a prior vote.

Rule 127

Voting procedure

5.
The only Member permitted to speak during the vote
shall be the rapporteur, who shall have the opportunity of
expressing briefly his committee’s views on the amendments
put to the vote.

1.

The following voting procedure shall apply to reports:

(a)

first, voting on any amendments to the text with which
the report of the committee responsible is concerned,

(b) second, voting on the text as a whole, amended or

otherwise,

(c)

third, voting on amendments
resolution/draft legislative resolution,

to the motion for a

Rule 128

Tied votes

1.
In the event of a tied vote under Rule 127(1)(b) or (d),
the text as a whole shall be referred back to committee. This
shall also apply to votes under Rules 6a and 7 and to final
votes under Rules 152 and 168, on the understanding that, for
these two Rules, the matter is referred back to the Conference
of Presidents.

(d) finally, voting on the motion for a resolution/draft

legislative resolution as a whole (final vote).

2.
In the event of a tied vote on the agenda as a whole
(Rule 111) or the minutes as a whole (Rule 148), or on a text
put to a split vote under Rule 131, the text shall be deemed
adopted.

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3.
In all other cases where there is a tied vote, without
prejudice to those Rules which require qualified majorities, the
text or proposal shall be deemed rejected.

If either of these secures a majority, all other amendments
tabled to the same text shall fall.

Rule 129

Principles governing voting

Exceptionally, on a proposal

President,
4.
amendments tabled after the close of the debate may be put to
the vote if they are compromise amendments, or if there are
technical problems. The President shall obtain the agreement
of Parliament to putting such amendments to the vote.

from the

Voting on a report shall take place on the basis of a
responsible. The
task to its chairman and

1.
recommendation
committee may delegate this
rapporteur.

from the

committee

The committee may recommend that all or
that

2.
amendments be put
accepted or rejected or declared void.

to the vote collectively,

several
they be

the President

to Rule 140(3),

Pursuant
shall decide whether
amendments are admissible. In the case of compromise amendments
tabled after the close of a debate, pursuant
the
President shall decide on their admissibility case by case, having
regard to the compromise nature of the amendments.

to paragraph 4,

It may also propose compromise amendments.

The following general criteria for admissibility may be applied:

3. Where the committee recommends that amendments be
put
the collective vote on these
amendments shall be taken first.

to the vote collectively,

4. Where
a
amendment, it shall be given priority in voting.

committee

proposes

the

compromise

Amendments

5.
requested shall be put to the vote individually.

for which a

roll-call vote has been

A split vote shall not be admissible in the case of a

6.
collective vote or a vote on a compromise amendment.

Rule 130

Order of voting on amendments

Amendments shall have priority over the text to which

1.
they relate and shall be put to the vote before that text.

If

If
stand rejected.

to the vote first.
shall

2.
two or more mutually exclusive amendments have
been tabled to the same part of a text, the amendment that
departs furthest from the original text shall have priority and
is adopted the other
shall be put
is
it
amendments
the
rejected,
amendment next
to the vote and
in priority shall be put
similarly for each of the remaining amendments. Where there
is doubt as to priority,
If all
amendments are rejected, the original text shall be deemed
adopted unless a separate vote has been requested within the
specified deadline.

the President shall decide.

it
If

(cid:151) as a general rule, compromise amendments may not relate to
parts of the text which have not been the subject of amendments
prior to the deadline for tabling amendments;

(cid:151) as a general rule, compromise amendments shall be tabled by
political groups, the chairmen, rapporteurs or draftsmen of the
committees concerned or the authors of other amendments;

(cid:151) as a general

rule, compromise amendments shall entail

the

withdrawal of other amendments to the same passage.

Only the President may propose that a compromise amendment be
considered. In order for a compromise amendment to be put to the
vote,
the President must obtain the agreement of Parliament by
asking whether there are any objections to such a vote being held. If
an objection is raised, Parliament shall decide on the matter by a
majority of the votes cast.

5. Where the committee responsible has tabled a set of
amendments to the text with which the report is concerned,
the President shall put them to the vote collectively, unless a
political group or at least thirty-two Members have requested
separate votes or unless other amendments have been tabled.

3.
The President may put the original text to the vote first,
or put to the vote before the amendment that departs furthest
from the original text an amendment that is closer to the
original text.

6.
The President may put other amendments to the vote
collectively where they are complementary. In such cases he
shall follow the procedure laid down in paragraph 5. Authors
of such amendments may propose such collective votes where
their amendments are complementary.

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7.
The President may decide,
following the adoption or
several other
rejection of a particular amendment,
amendments of similar content or with similar objectives shall
be put to the vote collectively. The President may seek the
agreement of Parliament before doing so.

that

Such a set of amendments may relate to different parts of the
original text.

Rule 133

Voting

1.

Normally Parliament shall vote by show of hands.

2.
If the President decides that the result is doubtful, a fresh
vote shall be taken using the electronic voting system and, if
the latter is not working, by sitting and standing.

8. Where two or more identical amendments are tabled by
different authors, they shall be put to the vote as one.

3.

The result of the vote shall be recorded.

Rule 130a

Rule 134

Committee consideration of plenary amendments

Voting by roll call

When over fifty amendments have been tabled to a report for
consideration in Parliament, the President may, after consulting
its chairman, request the committee responsible to meet to
consider
receiving
the amendments. Any amendment not
favourable votes at this stage from at least one-tenth of the
members of the committee shall not be put to the vote in
Parliament.

Rule 131

Split voting

1. Where the text to be put to the vote contains two or
more provisions or references to two or more points or lends
itself to division into two or more parts each with a distinct
logical meaning and normative value, a split vote may be
requested by a political group or at least thirty-two Members.

2.
The request shall be made the evening before the vote,
unless the President sets a different deadline. The President
shall decide on the request.

Rule 132

Right to vote

The right to vote is a personal right.

Members shall cast their votes individually and in person.

1.
In addition to the cases provided for under Rules 33(4)
and 34(5), the vote shall be taken by roll call if so requested in
writing by a political group or at least thirty-two Members the
evening before the vote unless the President sets a different
deadline.

The roll shall be called in alphabetical order, beginning
2.
with the name of a Member drawn by lot. The President shall
be the last to be called to vote.

Voting shall be by word of mouth and shall be expressed by
(cid:145)Yes(cid:146),
(cid:145)No(cid:146), or (cid:145)I abstain(cid:146). In calculating whether a motion has
been adopted or rejected account shall be taken only of votes
cast for and against. The President shall establish the result of
the vote and announce it.

Votes shall be recorded in the minutes of
the sitting by
political group in the alphabetical order of Members’ names,
with an indication of how they voted.

Rule 135

Electronic voting

The President may at any time decide that the voting
1.
operations indicated in Rules 133, 134 and 136 shall be
carried out by means of the electronic voting system.

Where the electronic voting system cannot be used for
technical reasons, voting shall take place pursuant to Rules
133, 134(2) or 136.

The technical arrangements for using the electronic voting
system shall be governed by instructions from the Bureau.

Any infringement of this Rule shall be considered as a serious case of
disorder as referred to in Rule 124(1) and shall have the legal
consequences mentioned in that Rule.

2. Where an electronic vote is taken, only the numerical
result of the vote shall be recorded.

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However,
if a vote by roll call has been requested in
accordance with Rule 134(1), the votes shall be recorded in
the minutes of the sitting by political group in the alphabetical
order of Members’ names.

Explanations of vote shall be admissible on the final vote on any
subject submitted to Parliament. The term (cid:145)final vote(cid:146) does not
prejudge the type of vote, but means the last vote on any item.

3.
The vote by roll call shall be taken in accordance with
Rule 134(2) if a majority of the Members present so request.
The system indicated in paragraph 1 of this Rule may be used
to determine whether a majority exists.

Rule 136

Voting by secret ballot

1.
In the case of appointments, voting shall be by secret
ballot without prejudice to Rules 13(1), 152(1) and 157(2)
second subparagraph.

Only ballot papers bearing the names of Members who have
been nominated shall be taken into account in calculating the
number of votes cast.

2.
Voting may also be by secret ballot if requested by at
least one-fifth of the component Members of Parliament. Such
requests must be made before voting begins.

A request for a secret ballot shall take priority over a

3.
request for a vote by roll call.

Between two and six Members chosen by lot shall count

4.
the votes cast in a secret ballot.

In the case of votes pursuant to paragraph 1, candidates shall
not act as tellers.

Explanations of vote shall not be admissible in the case

2.
of votes on procedural matters.

3. Where a Commission proposal or a report has been
included on the agenda of Parliament pursuant to Rule 110a,
Members may submit written explanations of vote pursuant to
paragraph 1.

Explanations of vote given either orally or in writing must have a
direct bearing on the text being put to the vote.

Rule 138

Disputes on voting

1.

The President shall declare votes open and closed.

2.
Once the President has declared a vote open, no-one
except the President shall be allowed to speak until the vote is
declared closed.

Points of order concerning the validity of a vote may be

3.
raised after the President has declared it closed.

4.
After the result of a vote by show of hands has been
announced, a Member may request that this result be checked
using the electronic voting system.

The names of Members who have taken part in a secret ballot shall
be recorded in the minutes of the sitting at which the ballot was held.

The President shall decide whether the result announced

5.
is valid. His decision shall be final.

Rule 137

Explanations of vote

Rule 139

Tabling and moving amendments

1.
Once the general debate has been concluded, any
Member may give an oral explanation on the final vote for not
longer than one minute or give a written explanation of no
more than 200 words, which shall be included in the verbatim
report of proceedings.

Any Member may table amendments for consideration in

1.
the committee responsible.

Any political group may give an explanation of vote lasting
not more than two minutes.

Amendments for consideration in Parliament may be tabled by
least
the committee responsible, a political group or at
thirty-two Members.

No further requests to give explanations of vote shall be
accepted once the first explanation of vote has begun.

Amendments shall be tabled in writing and signed by their
authors.

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Amendments to documents of a legislative nature within the
meaning of Rule 60(1) may be accompanied by a short
justification. Such justifications shall be the responsibility of
the author and shall not be put to the vote.

Subject to the limitations laid down in Rule 140, an
2.
amendment may seek to change any part of a text, and may
be directed to deleting, adding or substituting words or figures.

In this and the following Rule the term (cid:145)text(cid:146) means the whole of a
motion for a resolution/draft legislative resolution, of a proposal for a
decision or of a Commission proposal.

The President shall set a deadline for the tabling of

3.
amendments.

4.
An amendment may be moved during the debate by its
author or by any other Member appointed by the author to
replace him.

(a)

it does not directly relate to the text which it seeks to
amend;

(b)

it seeks to delete or replace the whole of a text;

(c)

(d)

it seeks to amend more than one of the individual articles
or paragraphs of the text to which it relates. This provision
shall not apply to compromise amendments nor
to
amendments which seek to make identical changes to a
particular form of words throughout the text;

it is established that the wording in at least one of the
official languages of the text it is sought to amend does
in this case, the President shall
not call for amendment;
seek out a suitable linguistic remedy together with those
concerned.

An amendment shall

2.
decisions previously taken on the text during the same vote.

is inconsistent with

lapse if

it

5. Where an amendment is withdrawn by its author, it shall
fall unless immediately taken over by another Member.

The President

3.
admissible.

shall decide whether amendments are

6.
Amendments shall be put to the vote only after they
have been printed and distributed in all the official languages,
unless Parliament decides otherwise. Parliament may not decide
otherwise if at least thirty-two Members object.

to paragraph 3 concerning the
The President’s decision pursuant
admissibility of amendments
is not based exclusively on the
provisions of paragraphs 1 and 2 of this Rule but on the provisions
of the Rules in general.

Oral amendments tabled in committee may be put to the vote unless
one of the committee’s members objects.

A political group may table an alternative motion for a
resolution

4.
resolution to a non-legislative motion for
contained in a committee report.

a

Rule 140

Admissibility of amendments

1.

No amendment shall be admissible if:

In such a case, the group may not table amendments to the
motion for a resolution by the committee responsible. The
group’s motion for a resolution may not be longer than the
committee’s motion for a resolution. It shall be put to a single
vote in Parliament without amendment.

CHAPTER XVIII

INTERRUPTIVE AND PROCEDURAL MOTIONS

Rule 141

(a)

the inadmissibility of a matter (Rule 143);

Procedural motions

(b) referral back to committee (Rule 144);

1.

Requests to move a procedural motion, namely:

(c)

the closure of a debate (Rule 145);

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(d) the adjournment of a debate and vote (Rule 146);

(e)

the suspension or closure of the sitting (Rule 147);

shall take precedence over other requests to speak.

The intention to move inadmissibility shall be notified at least
twenty-four hours in advance to the President who shall
inform Parliament immediately.

If

2.
proceed to the next item on the agenda.

the motion is carried, Parliament shall

immediately

Only the following shall be heard on these motions in addition
to the mover: one speaker in favour and one against and the
chairman or rapporteur of the committee responsible.

2.

Speaking time shall not exceed one minute.

Rule 144

Referral back to committee

Referral back to committee may be requested by a
thirty-two Members when the

1.
political group or at
agenda is fixed or before the start of the debate.

least

Rule 142

Points of order

1.
A Member may be allowed to speak to draw the
attention of the President to any failure to respect Parliament’s
Rules of Procedure. The Member shall first specify to which
Rule he is referring.

The intention to move referral back to committee shall be
notified at least twenty-four hours in advance to the President,
who shall inform Parliament immediately.

2.
Referral back to committee may also be requested by a
political group or at least thirty-two Members before or during
a vote. Such a motion shall be put to the vote immediately.

A request to raise a point of order shall take precedence

2.
over all other requests to speak.

A request may be made only once at each of

3.
different procedural stages.

these

3.

Speaking time shall not exceed one minute.

Referral back to committee shall entail suspension of the

4.
discussion of the item.

The President shall take an immediate decision on points
4.
of order in accordance with the Rules of Procedure and shall
announce his ruling immediately after the point of order has
been raised. No vote shall be taken on the President’s decision.

Parliament may set a time limit within which the

5.
committee shall report its conclusions.

5.
Exceptionally, he may state that he will announce his
ruling later, but not more than twenty-four hours after the
point of order was raised. Postponement of the ruling shall not
entail the adjournment of the debate. The President may refer
the matter to the committee responsible.

Rule 145

Closure of a debate

Rule 143

Moving the inadmissibility of a matter

A debate may be closed before the list of speakers has
1.
been exhausted on a proposal from the President or at the
request of a political group or at least thirty-two Members.
Such a proposal or
to the vote
immediately.

shall be put

request

1.
At the beginning of the debate on a specific item on the
agenda, its inadmissibility may be moved. Such a motion shall
be put to the vote immediately.

2.
If the proposal or request is carried, only one Member
may speak from each political group which has not yet
provided a speaker in that debate.

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3.
After the speeches referred to in paragraph 2, the debate
shall be closed and Parliament shall vote on the matter under
debate, except where the time for the vote has been set in
advance.

If the proposal or request is rejected, it may not be tabled

4.
again during that debate, except by the President.

If the motion is rejected,

3.
during that part-session.

it may not be tabled again

4.
Before or during a vote, a political group or at least
thirty-two Members may move that the vote be adjourned.
Such a motion shall be put to the vote immediately.

Rule 146

Adjournment of a debate and vote

Any decision by Parliament to adjourn a debate to a subsequent
part-session shall specify the part-session on the agenda of which the
debate is to be included, on the understanding that the agenda for
that part-session shall be drawn up pursuant to Rules 110 and 111.

At the start of a debate on an item on the agenda, a
1.
political group or at least thirty-two Members may move that
the debate be adjourned to a specific date and time. Such a
motion shall be put to the vote immediately.

The intention to move adjournment shall be notified at least
twenty-four hours in advance to the President, who shall
inform Parliament immediately.

If the motion is carried, Parliament shall proceed to the
item on the agenda. The adjourned debate shall be

2.
next
resumed at the specified date and time.

Rule 147

Suspension or closure of the sitting

The sitting may be suspended or closed during a debate or a
vote if Parliament so decides on a proposal from the President
or at the request of a political group or at least thirty-two
Members. Such a proposal or request shall be put to the vote
immediately.

CHAPTER XIX

PUBLIC RECORD OF PROCEEDINGS

Rule 148

Minutes

1.
The minutes of each sitting, containing the decisions of
Parliament and the names of speakers, shall be distributed at
least half an hour before the beginning of the afternoon period
of the next sitting.

In the context of legislative proceedings, any amendments adopted by
Parliament are also deemed to be decisions within the meaning of
this paragraph, even if
the relevant Commission proposal or the
Council’s common position is ultimately rejected, pursuant to Rule
68(1) or Rule 79(3) respectively.

The texts adopted by Parliament shall be distributed separately.
Where
contain
amendments, they shall be published in a consolidated version.

adopted by

Parliament

legislative

texts

2.
At the beginning of the afternoon period of each sitting
the President shall place before Parliament, for its approval, the
minutes of the previous sitting.

If any objections are raised to the minutes Parliament
3.
requested
if necessary, decide whether
shall,
should be considered. No Member may speak on the minutes
for more than one minute.

the changes

The minutes shall be signed by the President and the
4.
Secretary-General and preserved in the records of Parliament.
They shall be published within one month in the Official
Journal of the European Union.

Rule 149

Verbatim reports

A verbatim report of the proceedings of each sitting shall

1.
be drawn up in the official languages.

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2.
Speakers shall be required to return typescripts of their
speeches to the Secretariat not later than the day following
that on which they received them.

The verbatim report shall be published as an annex to

3.
the Official Journal of the European Union.

CHAPTER XX

COMMITTEES

Rule 150

Setting up of committees

On a proposal

1.
from the Conference of Presidents,
Parliament shall set up standing committees whose powers
shall be defined in an annex to the Rules of Procedure (9).
Their members shall be elected during the first part-session
following the re-election of Parliament and again two and a
half years thereafter.

at

time

Parliament may

up temporary
any
2.
committees, whose powers, composition and term of office
shall be defined at the same time as the decision to set them
their term of office may not exceed twelve
up is taken;
months, except where Parliament extends that
term on its
expiry.

set

the powers,

composition and terms of office of

As
temporary
committees are decided at the same time as these committees are set
it follows that Parliament cannot subsequently decide to alter
up,
their powers either by increasing or reducing them.

***

The provisions of this Rule that powers are determined at the same
time as a committee is set up apply only in the case of temporary
committees.

The powers of standing committees, on the other hand, are recorded
in an annex to the Rules of Procedure and are laid down by a
different procedure. They can therefore be determined at a time other
than that at which the committee is set up.

Rule 151

Committees of inquiry

Parliament may, at

1.
component Members,

the request of one-quarter of

set up a committee of

its
inquiry to

investigate alleged contraventions of Community law or alleged
maladministration in the application of Community law which
would appear to be the act of an institution or 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 decision to set up a committee of
inquiry shall be
published in the Official Journal of the European Union within
one month. In addition, Parliament shall take all the necessary
steps to make this decision as widely known as possible.

2.
The modus operandi of a committee of inquiry shall be
relating to
governed by the provisions of
committees, save as otherwise specifically provided for in this
Rule and in the Decision of
the
Council and the Commission of 19 April 1995 on the detailed
provisions governing the exercise of the European Parliament’s
right of inquiry which is annexed to these Rules (10).

the European Parliament,

these Rules

The request

to set up a committee of

inquiry must
3.
the inquiry and include a
specify precisely the subject of
the grounds for it. Parliament, on a
detailed statement of
proposal
shall decide
whether to set up a committee and, if it decides to do so, on
its composition,
in accordance with the provisions of Rule
152.

from the Conference of Presidents,

4.
A committee of inquiry shall conclude its work with the
submission of a report within not more than twelve months.
Parliament may twice decide to extend this period by three
months.

Only full members or, in their absence, permanent substitutes
may vote in a committee of inquiry.

(9) See Annex VI.

(10) See Annex VIII.

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5.
A committee of inquiry shall elect its chairman and two
vice-chairmen and appoint one or more rapporteurs. The
committee may also assign responsibilities, duties or specific
tasks to its members who must subsequently report to the
committee in detail thereon.

He shall also explicitly refer to the provisions of Article 2(2) of
the Decision referred to above. Annex VII(A) of the Rules of
Procedure shall apply.

In the interval between one meeting and another, the bureau
of the committee shall, in cases of urgency or need, exercise
the next
the committee’s powers, subject
meeting.

to ratification at

6. When a committee of inquiry considers that one of its
rights has been infringed, it shall propose that the President
take appropriate measures.

7.
A committee of inquiry may contact the institutions or
persons referred to in Article 3 of the Decision referred to in
paragraph 2 with a view to holding a hearing or obtaining
documents.

Travel and accommodation expenses of members and officials
of Community institutions and bodies shall be borne by the
latter. Travel and accommodation expenses of other persons
who appear before a committee of inquiry shall be reimbursed
by the European Parliament
in accordance with the rules
governing hearings of experts.

Any person called to give evidence before a committee of
inquiry may claim the rights they would enjoy if acting as a
witness before a tribunal in their country of origin. They must
be informed of these rights before they make a statement to
the committee.

With regard to the languages used, a committee of inquiry
shall apply the provisions of Rule 117. However, the bureau of
the committee:

(cid:151) may restrict interpretation to the official languages of those
who are to take part in the deliberations, if it deems this
necessary for reasons of confidentiality,

(cid:151) shall decide about translation of the documents received in
such a way as to ensure that the committee can carry out
its deliberations efficiently and rapidly and that
the
necessary secrecy and confidentiality are respected.

Secret or confidential documents which have been
9.
forwarded shall be examined using technical measures to
ensure that only the members responsible for the case have
personal access to them. The members in question shall give a
solemn undertaking not to allow any other person access to
secret or confidential
in accordance with this
Rule, and to use such information exclusively for the purposes
of drawing up their report
inquiry.
Meetings shall be held on premises equipped in such a way as
to make it impossible for any non-authorised persons to listen
to the proceedings.

for the committee of

information,

After completion of its work a committee of inquiry
10.
shall submit to Parliament a report on the results of its work,
containing minority opinions if appropriate in accordance with
the conditions laid down in Rule 161. The report shall be
published.

At the request of the committee of inquiry Parliament shall
hold a debate on the report at the part-session following its
submission.

The committee may also submit
recommendation addressed to institutions or bodies of
European Communities or the Member States.

to Parliament a draft
the

The President shall instruct the committee responsible
11.
pursuant to Annex VI to monitor the action taken on the
results of
if
appropriate, to report thereon. He shall take any further steps
which are deemed appropriate to ensure that the conclusions
of the inquiry are acted upon in practice.

the committee of

the work of

inquiry and,

Only the proposal from the Conference of Presidents concerning the
is open to
composition of a committee of
amendments, in accordance with Rule 152(2).

inquiry (paragraph 3)

The subject of the inquiry as defined by one-quarter of Parliament’s
component Members (paragraph 3) and the period laid down in
paragraph 4 are not open to amendments.

Rule 152

Composition of committees

8.
The chairman of a committee of inquiry shall, together
with the bureau, ensure that the secrecy or confidentiality of
deliberations are respected and shall give members due notice
to this effect.

1. Members of committees and committees of inquiry shall
be elected after nominations have been submitted by the

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and

groups

political
the Non-attached Members. The
Conference of Presidents shall submit proposals to Parliament.
The composition of the committees shall, as far as possible,
reflect the composition of Parliament.

When a Member changes political groups he shall retain,
for the
remainder of his two and a half year term of office, the seats he holds
in parliamentary committees. However,
if a Member’s change of
political group has the effect of disturbing the fair representation of
political views in a committee, new proposals for the composition of
that committee shall be made by the Conference of Presidents in
accordance with the procedure laid down in paragraph 1, second
sentence, whereby the individual rights of the Member concerned shall
be guaranteed.

Amendments to the proposals of

2.
the Conference of
Presidents shall be admissible only if they are tabled by at least
such
Parliament
thirty-two Members.
amendments by secret ballot.

shall

vote

on

3. Members shall be deemed to be elected on the basis of
the proposals by the Conference of Presidents, as and where
amended pursuant to paragraph 2.

4. Where a political group fails to submit nominations for
membership of a committee of inquiry pursuant to paragraph
1 within a time limit set by the Conference of Presidents, the
Conference of Presidents shall submit to Parliament only the
nominations communicated to it within that time limit.

5.
The Conference of Presidents may provisionally decide to
fill any vacancy on a committee with the agreement of the
persons to be appointed and having regard to paragraph 1.

Any such changes shall be placed before Parliament for

6.
ratification at the next sitting.

Rule 153

Substitutes

a number of permanent

1.
The political groups and the Non-attached Members may
each
appoint
committee equal to the number of full members representing
them on the committee. The President shall be informed
accordingly. These permanent substitutes shall be entitled to
the full
attend and speak at committee meetings and,
member is absent, to take part in the vote.

substitutes

for

if

2.
In addition, in the absence of the full member and where
no permanent substitutes have been appointed or in their
absence, the full member of the committee may arrange to be
represented at meetings by another member of his political
group, who shall be entitled to vote. The name of
the
substitute shall be notified to the chairman of the committee
prior to the beginning of the voting session.

Paragraph 2 shall apply, mutatis mutandis,
Members.

to the Non-attached

The advance notification provided for
sentence of
paragraph 2 must be given before the end of the debate or before the
opening of the vote on the item or items for which the full member is
to be replaced.

in the

last

***

The provisions of this Rule encompass two concepts which are clearly
defined by this text:

(cid:151) a political group may not have more permanent substitutes for a

committee than it has full members;

(cid:151) only political

groups

are

entitled

to

appoint permanent

substitutes, on the sole condition that they inform the President.

To conclude:

(cid:151) the

status of permanent

substitutes depends

exclusively on

membership of a given political group;

(cid:151) where the number of a political group’s full members in a
the maximum number of permanent
to that committee is altered

committee
is altered,
substitutes which it can appoint
accordingly;

(cid:151) when a Member changes political groups, he may not keep the
status of permanent substitute which he had as a member of his
original group;

(cid:151) a committee member may not under any circumstances be a
substitute for a colleague who belongs to another political group.

Rule 154

Duties of committees

1.
Standing committees shall examine questions referred to
them by Parliament or, during an adjournment of the session,
by the President on behalf of the Conference of Presidents. The
duties of temporary committees and committees of
inquiry
they shall not be
shall be defined when they are set up;
entitled to deliver opinions to other committees.

(See interpretation under Rule 150(2).)

2.
Should a standing committee declare itself not competent
to consider a question, or should a conflict arise over the
competence of two or more standing committees, the question
of competence shall be referred to the Conference of Presidents
within four working weeks of the announcement in Parliament
of
to committee. The Conference of Committee
Chairmen shall be notified and may make a recommendation
to the Conference of Presidents. The Conference of Presidents
shall take a decision within six working weeks of the referral

referral

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of the question of competence. Otherwise the question shall be
included for a decision on the agenda for the subsequent
part-session.

Should two or more standing committees be competent
3.
to deal with a question, one committee shall be named as the
committee responsible and the others as committees asked for
opinions.

A question shall not, however, be referred simultaneously to
more than three committees, unless it is decided for sound
reasons to depart
from this rule under the conditions laid
down in paragraph 1.

4.
Any two or more committees or subcommittees may
jointly consider matters coming within their competence, but
they may not take a decision.

Any committee may, with the agreement of the Bureau
to

5.
of Parliament,
undertake a study or fact-finding mission.

instruct one or more of

its members

Rule 155

Committee responsible for the verification of credentials

Among the committees
set up in accordance with the
provisions of these Rules, one committee shall be responsible
the verification of credentials and the preparation of
for
decisions on any objections
concerning the validity of
elections.

Rule 157

Committee bureaux

At

the first committee meeting after the election of
1.
committee members pursuant
the committee
shall elect a bureau consisting of a chairman and one, two or
three vice-chairmen who shall be elected in separate ballots.

to Rule 152,

2. Where the number of nominations corresponds to the
number of seats to be filled, the election may take place by
acclamation.

Where this is not the case, or at the request of one-sixth of the
members of the committee, the election shall take place by
secret ballot.

If there is only one candidate, the election shall be won by an
absolute majority of the votes cast, these to include votes cast
for and against.

Where there is more than one candidate at the first ballot, the
candidate who obtains an absolute majority of the votes cast,
as defined in the preceding subparagraph, shall be elected. At
the second ballot,
the candidate who obtains the highest
number of votes shall be elected. In the event of a tie, the
oldest candidate shall be elected.

Where a second ballot is required, new candidates may be
nominated.

Rule 156

Subcommittees

Rule 158

Simplified procedure

Subject

1.
to prior authorisation by the Conference of
in the
Presidents, a standing or temporary committee may,
interests of its work, appoint one or more subcommittees, of
which it shall at the same time determine the composition,
pursuant
responsibility.
Subcommittees shall report to the committee that set them up.

to Rule

152,

area

and

of

Following a first discussion of a legislative proposal, the
1.
chairman may propose
approved without
that
amendment. Unless at least one-tenth of the members of the
committee object, the chairman shall present to Parliament a
second
report
subparagraph, (2) and (4) shall apply.

proposal. Rule 110a(1),

approving

the

be

it

The procedure for subcommittees shall be the same as

2.
for committees.

Substitutes shall be allowed to sit on subcommittees

3.
under the same conditions as on committees.

4.
The application of these provisions must safeguard the
interdependence between a subcommittee and the committee
within which it is set up. For this purpose all the full members
of a subcommittee shall be chosen from among the members
of the parent committee.

a

draft

amendments

set of
If

reflecting
the committee so agrees,

The chairman may alternatively propose that he or the
2.
the
rapporteur
committee’s discussion.
these
amendments shall be sent to the members of the committee.
Unless at least one-tenth of the members of the committee
object within a set time limit, which may not be less than
twenty-one days from the date of dispatch, the report shall be
considered as having been adopted by the committee. In this
case the draft legislative resolution and the amendments shall
be submitted to Parliament without debate pursuant to Rule
110a(1), second subparagraph, (2) and (4).

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3.
If at least one-tenth of the committee’s members object,
the amendments shall be put to the vote at the next meeting
of the committee.

(c)

the texts of any motions for resolutions to be included
under Rule 48(4).

Rule 159

Legislative reports

Rule 161

Explanatory statements and deadlines

1.
The chairman of the committee to which a Commission
proposal has been referred shall propose to the committee the
procedure to be followed.

2.
Following a decision on the procedure to be followed,
and if Rule 158 does not apply, the committee shall appoint a
rapporteur on the Commission proposal
from among its
members or permanent substitutes if it has not yet done so on
the basis of the annual
legislative programme agreed under
Rule 57.

3.

The committee’s report shall comprise:

(a) draft amendments, if any, to the proposal, accompanied, if
appropriate, by short
justifications which shall be the
responsibility of the rapporteur and shall not be put to the
vote;

(b) a draft
67(2);

legislative resolution,

in accordance with Rule

(c)

if appropriate, an explanatory statement
including a
financial statement which establishes the magnitude of any
impact of the report and its compatibility with
financial
the financial perspective.

Rule 160

Non-legislative reports

1. Where a committee draws up a non-legislative report, it
shall appoint a rapporteur
from among its members or
permanent substitutes.

The rapporteur shall be responsible for preparing the
to Parliament on

2.
committee’s report and for presenting it
behalf of the committee.

3.

The committee’s report shall comprise:

(a) a motion for a resolution;

(b) an explanatory statement including a financial statement
which establishes the magnitude of any financial impact of
the
financial
report
perspective;

compatibility with the

and its

The explanatory statement shall be the responsibility of
1.
the rapporteur and shall not be put
It must,
however, accord with the text of the motion for a resolution
as adopted and any amendments proposed by the committee.
If it fails to do so, the chairman of the committee may delete
the explanatory statement.

to the vote.

The report shall state the result of the vote taken on the
2.
report as a whole.
if at least one-third of the
members present so request when the vote is taken, the report
shall indicate how each member voted.

In addition,

3. Where the committee’s opinion is not unanimous the
report shall also give a summary of the minority opinion.
Minority opinions shall be expressed when the vote on the text
as a whole is taken, and may, at the request of their authors,
be the subject of a written declaration not exceeding 200
words in length, annexed to the explanatory statement.

The chairman shall settle any disputes which may arise as a
result of the application of these provisions.

4.
On a proposal from its bureau, a committee may set a
deadline within which the rapporteur shall submit his draft
report. This deadline may be extended or a new rapporteur
appointed.

Once the deadline has expired,

5.
the committee may
instruct its chairman to ask for the matter referred to it to be
placed on the agenda of one of the next sittings of Parliament.
The debates may then be conducted on the basis of an oral
report by the committee concerned.

Rule 162

Opinions of committees

1.
Should the committee to which a question was first
referred wish to hear the views of another committee, or
should another committee wish to make known its views on
the report of the committee to which a question was first
referred, such committees may ask the President
in
accordance with Rule 154(3), one committee be named as the
committee responsible and the other as the committee asked
for an opinion.

that,

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the

to
text
if appropriate, by short

2.
In the case of documents of a legislative nature within
the meaning of Rule 60(1), the opinion shall consist of draft
amendments
committee
accompanied,
justifications. Such
justifications shall be the responsibility of the draftsman and
shall not be put to the vote. If necessary the committee may
submit a short written justification for the opinion taken as a
whole.

referred

the

to

In the case of non-legislative texts, the opinion shall consist of
suggestions for parts of the motion for a resolution submitted
by the committee responsible.

The committee responsible shall put these draft amendments
or suggestions to the vote.

The opinions shall deal solely with those matters that
fall
under the areas of responsibility of the committee giving an
opinion.

The committee responsible shall

3.
fix a deadline within
which the committee asked for an opinion must deliver it if it
is to be taken into account in the committee responsible. Any
changes to the announced timetable shall be immediately
communicated
the
committee(s) asked for an opinion. The committee responsible
shall not reach its final conclusions before that time limit has
expired.

responsible

committee

the

by

to

(cid:151) the rapporteur and the draftsman shall endeavour to agree
on the texts they propose to their committees and on their
position regarding amendments;

(cid:151) the committee responsible shall accept without a vote
amendments from the committee asked for an opinion
where they concern matters which the chairman of the
committee responsible considers, on the basis of Annex VI,
after consulting the chairman of the committee asked for
an opinion, to fall under the competence of the committee
asked for an opinion, and which do not contradict other
elements of the report.

Rule 163

Own-initiative reports

1.
A committee intending to draw up a report and to
submit a motion for a resolution to Parliament on a subject
within its competence on which neither a consultation nor a
request for an opinion has been referred to it pursuant to Rule
154(1) may do so only with the authorisation of
the
Conference of Presidents. Where such authorisation is withheld
the reason must always be stated.

2.
The provisions of this Rule shall apply mutatis mutandis
in cases where the Treaties attribute the right of initiative to
Parliament.

All adopted opinions shall be annexed to the report of

4.
the committee responsible.

In such cases,
decision within two months.

the Conference of Presidents

shall

take a

Only the committee responsible may table amendments

5.
in Parliament.

Rule 164

Question Time in committee

6.
The chairman and draftsman of the committee asked for
an opinion shall be invited to take part in an advisory capacity
in meetings of
insofar as these
the committee responsible,
relate to the matter of common concern.

Question Time may be held in committee if a committee so
decides. Each committee shall decide its own rules for the
conduct of Question Time.

Rule 162a

Enhanced cooperation between committees

Rule 165

Procedure in committee

Where in the opinion of
the Conference of Presidents a
question falls almost equally within the competence of two
committees, or where different parts of the question fall under
the competence of two different committees, Rule 162 shall
apply with the following additional provisions:

(cid:151) the

timetable

shall be

jointly

agreed by

the

two

committees;

A committee may validly vote when one-quarter of its
1.
members are actually present. However,
if so requested by
one-sixth of its members before voting begins, the vote shall
be valid only if the majority of the component members of the
committee have taken part in it.

2.
Voting in committee shall be by show of hands, unless a
quarter of the committee’s members request a vote by roll call.
In this case the vote shall be taken in accordance with Rule
134(2).

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The chairman may take part in discussions and may vote,

3.
but without having a casting vote.

By analogy, the decision on whether to allow Members’ personal
assistants to be present at committee meetings shall be left to the
discretion of each committee.

4.
Rules 12, 13, 14, 17, 18, 117, 118, 119, 121(1), 123,
125, 127, 128, 130, 131(1), 132, 133, 135, 136, 138, 139,
140, 141, 142, 143, 146 and 147 shall apply mutatis
mutandis to committee meetings.

5.
In the light of the amendments tabled, the committee
may, instead of proceeding to a vote, request the rapporteur to
submit a new draft
the
amendments as possible. A new deadline shall then be set for
amendments to this draft.

taking account of as many of

Rule 166

Committee meetings

A committee shall meet when convened by its chairman

1.
or at the request of the President.

The Commission and Council may

in
invited to do so on behalf of a

take part

2.
committee meetings
committee by its chairman.

if

The committee responsible may, subject to approval by the Bureau,
organise a hearing of experts if it considers such a hearing essential
to the effective conduct of its work on a particular subject.

Committees asked for opinions may attend the hearing if they so
wish.

3. Without prejudice
a
committee decides otherwise, Members may attend meetings of
committees to which they do not belong but may not take
part in their deliberations.

to Rule 162(6)

and unless

Such Members may, however, be allowed by the committee to
take part in its proceedings in an advisory capacity.

Rule 167

Minutes of committee meetings

By special decision of a committee, any other person may be
invited to attend and to speak at a meeting.

The minutes of each meeting of a committee shall be
distributed to all its members and submitted to the committee
for its approval at its next meeting.

CHAPTER XXI

INTERPARLIAMENTARY DELEGATIONS

Rule 168

The bureaux of the delegations shall be constituted in
3.
accordance with the procedure laid down for the standing
committees pursuant to Rule 157.

Setting up and duties of interparliamentary delegations

On a proposal

1.
from the Conference of Presidents,
Parliament shall set up standing interparliamentary delegations
and decide on their nature and the number of their members
bearing in mind their duties. The members shall be elected
during the first or second part-session following the re-election
of Parliament for the duration of the parliamentary term.

4.
the
Parliament shall determine the general powers of
individual delegations. It may at any time decide to increase or
restrict these powers.

The implementing provisions needed to enable the
5.
delegations to carry out their work shall be adopted by the
Conference of Presidents on a proposal from the Conference of
Delegation Chairmen.

shall be

the delegations

2. Members of
elected after
nominations have been submitted to the Conference of
Presidents by the political groups and the Non-attached
Members. The Conference of Presidents
to
Parliament proposals designed to ensure as far as possible fair
representation of Member States and of political views. Rule
152(2), (3), (5) and (6) shall apply.

submit

shall

The chairman of a delegation shall

6.
to the
committee responsible for foreign affairs and security a report
on the activities of the delegation.

submit

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Rule 169

Cooperation with the Parliamentary Assembly of the
Council of Europe

Parliament’s bodies, particularly the committees, shall
1.
cooperate with their
the Parliamentary
counterparts
Assembly of the Council of Europe in fields of mutual interest,
with the aim in particular of improving the efficiency of their
work and avoiding duplication of effort.

at

The Conference of Presidents,

2.
in agreement with the
competent authorities of the Parliamentary Assembly of the
for
shall decide
Council of Europe,
implementing these provisions.

arrangements

the

Rule 170

Joint parliamentary committees

The European Parliament may set up joint parliamentary
1.
committees with the parliaments of States associated with the
Community or States with which accession negotiations have
been initiated.

Such committees may formulate recommendations for the
parliaments involved. In the case of the European Parliament,
these recommendations shall be referred to the committee
responsible, which shall put forward proposals on the action
to be taken.

The

general

2.
joint
parliamentary committees shall be defined by the European
Parliament and by the agreements with the third countries.

responsibilities

various

the

of

Joint parliamentary committees shall be governed by the
3.
procedures laid down in the agreement
in question. Such
procedures shall be based on the principle of parity between
the delegation of the European Parliament and the delegation
of the parliament involved.

Joint parliamentary committees shall draw up their own
4.
rules of procedure and submit
to the
bureaux of the European Parliament and of the parliament
involved.

them for approval

The election of

the members of European Parliament
5.
and the
delegations
constitution of
take
place in accordance with the procedure laid down for
interparliamentary delegations.

to joint parliamentary
the bureaux of

committees
these delegations shall

CHAPTER XXII

OPENNESS AND TRANSPARENCY

Rule 171

4.
Consideration by the committee responsible of requests
relating to procedures on immunity pursuant to Rule 6a shall
always take place in camera.

Transparency of Parliament’s activities

Parliament shall ensure the utmost transparency of its
1.
activities, in line with the provisions of Articles 1, 3, second
paragraph, 28(1) and 41(1) of the EU Treaty, Article 255 of
the EC Treaty and Article 42 of the Charter of Fundamental
Rights of the European Union.

Rule 172

Public access to documents

2.

Debates in Parliament shall be public.

Committees shall normally meet

3.
in public. They may
decide, however, at the latest when the agenda of a meeting is
adopted, to divide the agenda for that meeting into items open
if a
to the public and items closed to the public. However,
meeting is held in camera,
to
Article 4(1)
to (4) of European Parliament and Council
Regulation (EC) No 1049/2001, open documents and minutes
from the meeting to public access.

the committee may, subject

1.
Any citizen of the Union and any natural or legal person
residing or having its registered office in a Member State has a
right of access to Parliament documents in conformity with
Article 255 of
to the principles,
conditions and limits laid down in European Parliament and
Council Regulation (EC) No 1049/2001 and pursuant to the
specific provisions contained in these Rules of Procedure.

the EC Treaty,

subject

Access to Parliament documents shall as far as possible be
granted to other natural or legal persons in the same way.

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Regulation (EC) No 1049/2001 shall be published for
information alongside the Rules of Procedure.

2.
For the purposes of access to documents, the expression
’Parliament documents’ means any content within the meaning
of Article 3(a) of Regulation (EC) No 1049/2001 which has
been drawn up or received by Officers of Parliament within
the meaning of Chapter III, Parliament’s governing bodies,
committees or
interparliamentary delegations, or by the
Secretariat of Parliament.

The Bureau may adopt rules,
in conformity with Regulation
laying down arrangements for access
(EC) No 1049/2001,
which shall be published in the Official Journal of the European
Union.

The Bureau shall determine the authorities in charge of
4.
handling initial applications (Article 7 of Regulation (EC) No
1049/2001)
adopt decisions on confirmatory
applications (Article 8 of the Regulation) and applications for
sensitive documents (Article 9 of the Regulation).

and shall

Documents drawn up by individual Members or political
groups are Parliament documents for the purposes of access to
documents if they are tabled under the Rules of Procedure.

5.
The Conference of Presidents shall designate Parliament’s
representatives on the interinstitutional committee established
pursuant to Article 15(2) of Regulation (EC) No 1049/2001.

The Bureau shall lay down rules to ensure that all Parliament
documents are recorded.

shall

Parliament

3.
register of Parliament
establish a
documents. Legislative documents and other documents as
indicated in an Annex to these Rules (11) shall, in accordance
with Regulation (EC) No 1049/2001, be made directly
accessible through the register. References for other Parliament
documents shall as far as possible be included in the register.

Categories of documents which are directly accessible shall be
set out in a list adopted by Parliament and annexed to these
Rules (12). This list shall not restrict the right of access to
documents not falling under the categories listed.

One of

the Vice-Presidents

6.
supervising the handling of
documents.

shall be responsible for
to
for

access

applications

7.
Parliament’s committee responsible shall, on the basis of
information provided by the Bureau and other sources, prepare
the annual report referred to in Article 17 of Regulation (EC)
No 1049/2001 and submit it to the plenary.

The committee responsible shall also examine and evaluate the
reports
and agencies
adopted by the other
pursuant to Article 17 of the Regulation.

institutions

Parliament documents which are not directly accessible
through the register
shall be made available on written
application.

Deleted

Rule 173

CHAPTER XXIII

PETITIONS

Rule 174

Right of petition

Union’s fields of activity and which affects him, her or it
directly.

1.
Any citizen of the European Union and any natural or
legal person residing or having its registered office in a
Member State shall have the right to address, individually or in
association with other citizens or persons, a petition to
Parliament on a matter which comes within the European

Petitions to Parliament shall show the name, nationality

2.
and permanent address of each petitioner.

(11) See Annex XV.
(12) See Annex XV.

Petitions must be written in one of the official languages

3.
of the European Union.

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Petitions written in any other language will be considered only
where the petitioner has attached a translation or summary
drawn up in an official language of the European Union. The
translation or summary shall form the basis of Parliament’s
work. Parliament’s correspondence with the petitioner shall
language in which the translation or
employ the official
summary is drawn up.

Petitions shall be entered in a register in the order in
4.
which they are received if they comply with the conditions
laid down in paragraph 2; those that do not shall be filed, and
the petitioner shall be informed of the reasons therefor.

The committee may, particularly in the case of petitions which
seek changes in existing law, request opinions from other
committees pursuant to Rule 162.

An electronic register shall be set up in which citizens
2.
may lend their support to the petitioner, appending their own
electronic signature to petitions which have been declared
admissible and entered in the register.

3. When considering petitions or establishing facts,
the
committee may organise hearings of petitioners or general
hearings or dispatch members to establish the facts of the
situation in situ.

Petitions entered in the register shall be forwarded by the
5.
President
first
to the committee responsible, which shall
ascertain whether the petitions registered fall within the sphere
of activities of the European Union.

4. With a view to preparing its opinions, the committee
may request the Commission to submit documents, to supply
information and to grant it access to its facilities.

6.
Petitions declared inadmissible by the committee shall be
filed; the petitioner shall be informed of the decision and the
reasons therefor.

The committee shall, where necessary, submit motions
to Parliament on petitions which it has
resolutions

5.
for
considered.

In such cases
7.
petitioner that he contact
Member State concerned or of the European Union.

the committee may suggest

the competent authority of

to the
the

8.
Unless the person submitting the petition asks for it to
be treated in confidence, it shall be entered in a public register.

9. Where the committee deems it appropriate, it may refer
the matter to the Ombudsman.

10.
Petitions addressed to Parliament by natural or legal
persons who are neither citizens of the European Union nor
reside in a Member State nor have their registered office in a
Member State shall be registered and filed separately. The
such petitions
President
send a monthly record of
received during the previous month,
indicating their subject
matter, to the committee responsible for considering petitions,
which may request those which it wishes to consider.

shall

Rule 175

Examination of petitions

1.
The committee responsible may decide to draw up a
report or otherwise express its opinion on petitions it has
declared admissible.

committee may also request

The
its opinions be
forwarded by the President to the Commission or the Council.

that

The committee shall inform Parliament every six months

6.
of the outcome of its deliberations.

The committee shall,
inform Parliament of the
measures taken by the Council or the Commission on petitions
referred to them by Parliament.

in particular,

7.
The President shall
taken and the reasons therefor.

inform petitioners of the decisions

Rule 176

Notice of petitions

Notice shall be given in Parliament of

the petitions
1.
entered in the register referred to in Rule 174(4) and the main
decisions on the procedure to be followed in relation to
specific petitions. Such announcements shall be entered in the
minutes of proceedings.

2.
The title and a summary of the texts of petitions entered
in the register, together with the texts of the opinions and the
most important decisions forwarded in connection with the
examination of the petitions, shall be made available to the
public in a database, provided the petitioner agrees to this.
Confidential petitions shall be preserved in the records of
Parliament, where they shall be available for inspection by
Members.

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CHAPTER XXIV

OMBUDSMAN

Rule 177

Rule 178

Appointment of the Ombudsman

Dismissal of the Ombudsman

At

the start of each parliamentary term,

immediately
1.
after his election or in the cases referred to in paragraph 8, the
President
the office of
for nominations
call
Ombudsman and set a time limit
for their submission. A
notice calling for nominations shall be published in the Official
Journal of the European Union.

shall

for

Nominations must have the support of at least thirty-two

2.
Members who are nationals of at least two Member States.

Each Member may support only one nomination.

shall

Nominations
needed to show conclusively that
conditions required by the Regulations on the Ombudsman.

the supporting documents
the nominee fulfils the

include all

Nominations

3.
forwarded to the
shall be
responsible, which may ask to hear the nominees.

committee

Such hearings shall be open to all Members.

A list of admissible nominations in alphabetical order

4.
shall then be submitted to the vote of Parliament.

The vote shall be held by secret ballot on the basis of a

5.
majority of the votes cast.

If no candidate is elected after the first two ballots, only the
two candidates obtaining the largest number of votes in the
second ballot may continue to stand.

In the event of any tie the eldest candidate shall prevail.

Before opening the vote, the President shall ensure that

6.
at least half of Parliament’s component Members are present.

The person appointed shall immediately be called upon

7.
to take an oath before the Court of Justice.

The Ombudsman shall exercise his duties until his
in the case of his death or

8.
successor takes office, except
dismissal.

One-tenth of Parliament’s component Members may
1.
request the Ombudsman’s dismissal if he no longer fulfils the
conditions required for the performance of his duties or if he
is guilty of serious misconduct.

2.
The request shall be forwarded to the Ombudsman and
to the committee responsible, which, if it decides by a majority
of its members that the reasons are well-founded, shall submit
a report to Parliament. If he so requests, the Ombudsman shall
be heard before the report is put to the vote. Parliament shall,
following a debate, take a decision by secret ballot.

Before opening the vote, the President shall ensure that

3.
half of Parliament’s component Members are present.

4.
If the vote is in favour of the Ombudsman’s dismissal
and he does not resign accordingly the President shall, at the
latest by the part-session following that at which the vote was
held, apply to the Court of Justice to have the Ombudsman
dismissed with a request for a ruling to be given without delay.

Resignation by the Ombudsman shall terminate the procedure.

Rule 179

Activities of the Ombudsman

1.
The decision on the regulations and general conditions
governing the performance of the Ombudsman’s duties and
the provisions implementing that decision as adopted by the
Ombudsman are annexed for information to the Rules of
Procedure (13).

The Ombudsman shall, in accordance with Article 3(6)
2.
and (7) of the above decision, inform Parliament of cases of
maladministration, on which the committee responsible may
draw up a report. He shall also, in accordance with Article 3(8)
of the above decision, submit a report to Parliament at the end
of each annual session on the outcome of his inquiries. The
committee responsible shall draw up a report thereon which
shall be submitted to Parliament for debate.

The Ombudsman may also inform the

committee
its request, or be heard by it on his own

3.
responsible at
initiative.

(13) See Annex X.

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CHAPTER XXV

APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE

Rule 180

The Rules of Procedure and interpretations

7.
reviewed regularly by the committee responsible.

shall be

Application of the Rules of Procedure

these Rules of Procedure,

Should doubt arise over the application or interpretation
1.
of
the President may, without
prejudice to any previous decisions in this field, refer the
matter to the committee responsible for examination.

8. Where these Rules confer rights on a specific number of
Members, that number shall be automatically adjusted to the
nearest whole number representing the same percentage of
Parliament’s membership whenever the total size of Parliament
is increased, notably following enlargements of the European
Union.

Where a point of order is raised under Rule 142, the President
may also refer the matter to the committee responsible.

Rule 181

Amendment of the Rules of Procedure

2.
The committee shall decide whether it is necessary to
propose an amendment to the Rules of Procedure. In this case
it shall proceed in accordance with Rule 181.

3.
Should the committee decide that an interpretation of the
existing Rules is sufficient, it shall forward its interpretation to
its next
the President who shall
part-session.

inform Parliament

at

4.
Should a political group or at least thirty-two Members
contest the committee’s interpretation, the matter shall be put
to the vote in Parliament. Adoption of the text shall be by a
majority of the votes cast provided that at least one-third of
Parliament’s component Members are present. In the event of
rejection, the matter shall be referred back to the committee.

5.
Uncontested interpretations and interpretations adopted
by Parliament shall be appended in italic print as explanatory
notes to the appropriate Rule or Rules.

Interpretations shall constitute precedents for the future

6.
application and interpretation of the Rules concerned.

Any Member may propose amendments to these Rules
if appropriate, by

1.
and to the annexes thereto accompanied,
short justifications.

Such proposed amendments
shall be translated, printed,
distributed and referred to the committee responsible, which
shall examine them and decide whether to submit them to
Parliament.

For the purpose of applying Rules 130, 139 and 140 to
consideration of such proposed amendments in Parliament,
references made in those Rules to the (cid:145)original text(cid:146) or the
(cid:145)Commission proposal(cid:146) shall be considered as referring to the
provision in force at the time.

2.
Amendments to these Rules shall be adopted only if they
secure the votes of a majority of the component Members of
Parliament.

3.
taken,
Unless otherwise specified when the vote is
amendments to these Rules and to the annexes thereto shall
enter into force on the first day of the part-session following
their adoption.

CHAPTER XXVI

SECRETARIAT OF PARLIAMENT (cid:151) ACCOUNTING

Rule 182

Secretariat

The Secretary-General shall give a solemn undertaking before
the Bureau to perform his duties conscientiously and with
absolute impartiality.

Parliament

1.
appointed by the Bureau.

shall be assisted by a Secretary-General

The Secretary-General

2.
the
composition and organisation of which shall be determined by
the Bureau.

shall head a Secretariat

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3.
The Bureau shall decide the establishment plan of the
to the
Secretariat
down regulations
administrative and financial situation of officials and other
servants.

relating

and

lay

The committee responsible shall give its opinion on these
amendments.

The Bureau shall also decide to what categories of officials and
servants Articles 12 to 14 of the Protocol on the privileges and
immunities of the European Communities shall apply in whole
or in part.

4.

Parliament shall adopt the estimates.

5.
The President
Commission and Council.

shall

forward the

estimates

to the

The President of Parliament
institutions of the European Union accordingly.

shall

inform the appropriate

The

6.
supplementary estimates.

foregoing

provisions

shall

also

apply

to

Rule 183

Estimates of Parliament

The Bureau shall draw up the preliminary draft estimates

1.
on the basis of a report prepared by the Secretary-General.

The President

2.
forward the preliminary draft
estimates to the committee responsible, which shall draw up
the draft estimates and report to Parliament.

shall

Rule 184

Power to incur and settle expenditure

The President shall

1.
incur and settle, or cause to be
incurred and settled, the expenditure covered by the internal
financial regulations issued by the Bureau after consulting the
appropriate committee.

The President shall forward the draft annual accounts to

2.
the committee responsible.

The President shall set a time limit for the tabling of

3.
amendments to the draft estimates.

3.
On the basis of a report by the committee responsible,
Parliament shall approve its accounts and decide on the giving
of a discharge.

CHAPTER XXVII

MISCELLANEOUS PROVISIONS

Rule 185

Unfinished business

the end of

the last part-session before elections, all
At
Parliament’s unfinished business shall be deemed to have
lapsed, subject to the provisions of the second paragraph.

At the beginning of each parliamentary term, the Conference
of Presidents shall take a decision on reasoned requests from
parliamentary committees and other institutions to resume or
continue the consideration of such matters.

shall
These
communications that do not require a decision.

provisions

apply

not

to

petitions

and

Rule 185a

Early termination of an office

the votes cast,

The Conference of Presidents may, acting by a majority of
three-fifths of
three
least
political groups, propose to Parliament
to terminate the
holding of office of the President, a Vice-President, a Quaestor,
a Chairman or Vice-Chairman of a committee, a Chairman or
Vice-Chairman of an interparliamentary delegation, or any

representing at

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other holder of an office elected within the Parliament, where
it considers that the Member in question has been guilty of
serious misconduct. Such a proposal shall be approved by
Parliament by a majority of
the votes cast,
representing a majority of its component Members.

two-thirds of

(b) provisions adopted in implementation of specific terms of
the Rules of Procedure and in accordance with the
procedures and majority rules laid down therein (Annexes
I, II, III, IV, V, VII(A) and (C), IX and XV);

Rule 186

Arrangement of annexes

(c)

The annexes to these Rules of Procedure shall be arranged
under the following three headings:

(a)

implementing provisions for procedures under these Rules,
adopted by a majority of the votes cast (Annex VI);

interinstitutional agreements or other provisions adopted
pursuant
to the Treaties which are applicable within
Parliament or which have a bearing on its operation.
Decisions
to the Rules of
Procedure shall be taken by Parliament by a majority of
the votes
committee
responsible (Annexes VII(B), VIII, X, XI, XII, XIII, XIV and
XVI).

to annex such provisions

cast, on a proposal

from its

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ANNEX I

PROVISIONS GOVERNING THE APPLICATION OF RULE 9(1) (cid:151) TRANSPARENCY AND MEMBERS’
FINANCIAL INTERESTS

Article 1

Before speaking in Parliament or in one of its bodies or if proposed as rapporteur, any Member who has a direct

1.
financial interest in the subject under debate shall disclose this interest to the meeting orally.

2.
Before a Member may be validly nominated as an office-holder of Parliament or one of its bodies, pursuant to
Rules 13, 157 or 168(3), or participate in an official delegation, pursuant to Rule 82 or 168(2), he must have duly
completed the declaration provided for in Article 2.

Article 2

The Quaestors shall keep a register in which each Member shall make a personal, detailed declaration of:

(a) his professional activities and any other remunerated functions or activities,

(b) any support, whether financial or in terms of staff or material, additional to that provided by Parliament and
granted to the Member in connection with his political activities by third parties, whose identity shall be disclosed.

Members of Parliament shall refrain from accepting any other gift or benefit in the performance of their duties.

The declarations in the register shall be made under the personal responsibility of the Member and must be updated
every year.

The Bureau may, from time to time, draw up a list of matters which it considers should be declared in the register.

If after the appropriate request a Member does not fulfil his obligation to submit a declaration pursuant to (a) and (b),
the President shall remind him once again to submit the declaration within two months. If the declaration has not been
submitted within the time limit, the name of the Member together with an indication of the infringement shall be
published in the minutes of the first day of each part-session after expiry of the time limit. If the Member continues to
refuse to submit the declaration after the infringement has been published the President shall take action in accordance
with Rule 124 to suspend the Member concerned.

Chairmen of groupings of Members, both intergroups and other unofficial groupings of Members, shall be required to
declare any support, whether in cash or kind (e.g. secretarial assistance) which if offered to Members as individuals,
would have to be declared under this article.

The Quaestors shall be responsible for keeping a register and drawing up detailed rules for the declaration of outside
support by such groupings.

The register shall be open to the public for inspection.

The register may be open to the public for inspection electronically.

Article 3

Article 4

Pending the introduction of a statute for Members of the European Parliament to replace the various national rules,
Members shall be subject to the obligations imposed on them by the legislation of the Member State in which they are
elected as regards the declaration of assets.

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ANNEX II

CONDUCT OF QUESTION TIME UNDER RULE 43

A. GUIDELINES

1. Questions shall be admissible only where they:

(cid:151) are concise and are drafted so as to permit a brief answer to be given;

(cid:151) fall within the competence and sphere of responsibility of the Commission and the Council and are of

general interest;

(cid:151) do not require extensive prior study or research by the institution concerned;

(cid:151) are clearly worded and relate to a specific matter;

(cid:151) do not contain assertions or opinions;

(cid:151) do not relate to strictly personal matters;

(cid:151) are not aimed at procuring documents or statistical information;

(cid:151) are interrogatory in form.

2. A question shall be inadmissible if the agenda already provides for the subject to be discussed with the
participation of the institution concerned.

3. A question shall be inadmissible if an identical or similar question has been put down and answered during
the preceding three months unless there are new developments or the author is seeking further information. In the
first case a copy of the question and the answer shall be given to the author.

Supplementary questions

Each Member may follow up the reply with a supplementary question to any question. He may put in all two

4.
supplementary questions.

5.

Supplementary questions shall be subject to the rules of admissibility laid down in these Guidelines.

6. The President shall rule on the admissibility of supplementary questions and shall limit their number so that
each Member who has put down a question may receive an answer to it.

The President shall not be obliged to declare a supplementary question admissible, even where it satisfies the
foregoing conditions of admissibility, if:

(a)

it is likely to upset the normal conduct of Question Time, or

(b)

the main question to which it relates has already been adequately covered by other supplementary questions,
or

(c)

it has no direct bearing on the main question.

Answers to questions

7. The institution concerned shall ensure that answers are concise and are relevant to the subject of the question.

If the content of the questions concerned permits it, the President may decide, after consulting the questioners,

8.
that the institution concerned should answer them together.

9. A question may be answered only if the questioner is present or has notified the President in writing, before
Question Time begins, of the name of his substitute.

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10.

If neither the questioner nor his substitute is present, the question shall lapse.

11.
If a Member tables a question, but neither he nor his substitute are present at Question Time, the President
shall write to the Member reminding him of his responsibility to be present or substituted. If the President has to
send such a letter three times in the space of any twelve-month period, the Member concerned shall lose his right
to table questions at Question Time for a six-month period.

12. Questions that remain unanswered for lack of time shall be answered in accordance with Rule 44(4), first
subparagraph, unless the authors thereof request application of Rule 44(3).

13. The procedure for answers in writing shall be governed by Rule 44(3) and (5).

Time limits

14. Questions shall be tabled at least one week before Question Time begins. Questions not tabled within this
time limit may be taken during Question Time with the consent of the institution concerned.

Questions declared admissible shall be distributed to Members and forwarded to the institutions concerned.

Format

15. Question Time with the Commission may, with the agreement of the Commission, be divided into specific
question times with individual Members of the Commission.

Question Time with the Council may, with the agreement of the Council, be divided into question times with the
Presidency, the High Representative for common foreign and security policy or the President of the Eurogroup. It
may also be divided by subject.

B. RECOMMENDATIONS

(extract from resolution of Parliament of 13 November 1986)

The European Parliament,

1. Recommends stricter application of the guidelines for the conduct of Question Time under Rule 43 and in
particular of paragraph 1 on admissibility;

2. Recommends more frequent use of the power conferred on the President of the European Parliament by Rule
43(3) to group questions for Question Time according to subject; considers, however, that only the questions
falling within the first half of the list of questions tabled for a given part-session should be subject to such
grouping;

3. Recommends, as regards supplementary questions, that as a general rule the President should allow one
supplementary question from the questioner and one or at most two supplementaries put by Members belonging
preferably to a different political group and/or Member State from the author of the main question; recalls that
supplementary questions must be concise and interrogatory in form and suggests that their duration should not
exceed 30 seconds;

Invites the Commission and the Council, pursuant to Annex II(A)(7) of the Rules of Procedure, to ensure that

4.
answers are concise and relevant to the subject of the question.

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ANNEX III

GUIDELINES AND GENERAL PRINCIPLES TO BE FOLLOWED WHEN CHOOSING THE SUBJECTS TO BE
INCLUDED ON THE AGENDA FOR THE DEBATE ON CASES OF BREACHES OF HUMAN RIGHTS,
DEMOCRACY AND THE RULE OF LAW PROVIDED FOR UNDER RULE 50

Fundamental principles

Priority shall be given to motions for resolutions intended to lead to a vote in Parliament directed at the Council,
1.
the Commission, the Member States, third countries or international bodies, before a particular event, provided that the
current part-session is the only part-session of the European Parliament at which a vote can be held in time.

2. Motions for resolutions shall not exceed 500 words.

Subjects relating to the responsibilities of the European Union as laid down by the Treaty shall be given priority,

3.
provided they are of major importance.

4. The number of subjects chosen shall be such as to allow a debate commensurate with their importance and should
not exceed three, including sub-chapters.

Practical details

5. The fundamental principles applied in determining the choice of subjects to be included in the debate on cases of
breaches of human rights, democracy and the rule of law shall be notified to Parliament and the political groups.

Limitation and allocation of speaking time

In order to make better use of the time available, the President, after consulting the political group chairmen, shall
the speaking time for their respective

6.
reach agreement with the Council and Commission on the limitation of
statements, if any, in the debate on cases of breaches of human rights, democracy and the rule of law.

Deadline for tabling amendments

7. The deadline for tabling amendments shall allow sufficient time between their distribution in the official languages
and the time set for the debate on the motions for resolutions to enable Members and political groups to give them
due consideration.

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IMPLEMENTING PROCEDURES FOR EXAMINATION OF THE GENERAL BUDGET OF THE EUROPEAN
UNION AND SUPPLEMENTARY BUDGETS

ANNEX IV

Article 1

Working documents

1.

The following documents shall be printed and distributed:

(a)

the communication from the Commission on the maximum rate laid down in Article 78(9) of the ECSC Treaty,
Article 272(9) of the EC Treaty, and Article 177(9) of the EAEC Treaty;

(b)

the proposal from the Commission or the Council fixing a new rate;

(c) a summary by the Council of

its deliberations on the amendments and proposed modifications adopted by

Parliament to the draft budget;

(d)

the modifications made by the Council to the amendments adopted by Parliament to the draft budget;

(e)

the Council’s position on the fixing of a new maximum rate;

(f)

the new draft budget drawn up pursuant to Article 78(8) of the ECSC Treaty, Article 272(8) of the EC Treaty and
Article 177(8) of the EAEC Treaty;

(g)

the draft decisions on the provisional twelfths laid down in Article 78b of the ECSC Treaty, Article 273 of the EC
Treaty and Article 178 of the EAEC Treaty.

These documents shall be referred to the committee responsible. Any committee concerned may deliver an

2.
opinion.

If other committees wish to deliver opinions, the President shall set the time limit within which these shall be

3.
communicated to the committee responsible.

Article 2

Rate

Subject to the conditions set out below, any Member may table and speak in support of proposals for decisions

1.
fixing a new maximum rate.

Such proposals shall be admissible only if they are tabled in writing and bear the signatures of at least thirty-two

2.
Members or are tabled on behalf of a political group or committee.

3.

The President shall set the time limit for the tabling of such proposals.

4.

The committee responsible shall report on these proposals before they are discussed in Parliament.

5.

Parliament shall then vote on the proposals.

Parliament shall act by a majority of its component Members and three fifths of the votes cast.

Where the Council has informed Parliament of its agreement to the fixing of a new rate, the President shall declare in
Parliament that the amended rate has been adopted.

If this is not the case, the Council’s position shall be referred to the committee responsible.

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Article 3

Consideration of the draft budget (cid:151) first stage

1.

Subject to the conditions set out below, any Member may table and speak in support of:

(cid:151) draft amendments to the draft budget;

(cid:151) proposed modifications to the draft budget.

2.
Draft amendments shall be admissible only if they are presented in writing, bear the signatures of at least
thirty-two Members or are tabled on behalf of a political group or committee, specify the budget heading to which
they refer and ensure the maintenance of a balance between revenue and expenditure. Draft amendments shall include
all relevant information on the remarks to be entered against the budget heading in question.

The same provisions shall apply to proposed modifications.

All draft amendments or proposed modifications to the draft budget must be justified in writing.

3.

The President shall set the time limit for the tabling of draft amendments and proposed modifications.

The President shall set two deadlines for tabling draft amendments and proposed modifications: the first shall be before, and the
second after, the adoption of the report by the committee responsible.

4.

The committee responsible shall deliver its opinion on the texts submitted before they are discussed in Parliament.

Draft amendments and proposed modifications which have been rejected in the committee responsible shall not be put
to the vote in Parliament unless this has been requested in writing, before a deadline to be set by the President, by a
committee or at least thirty-two Members; this deadline may on no account be less than 24 hours before the start of
the vote.

5.
Draft amendments to the estimates of Parliament which are similar to those already rejected by Parliament at the
time the estimates were drawn up shall be discussed only where the committee responsible has delivered a favourable
opinion.

6.

Notwithstanding Rule 67(2) of the Rules of Procedure, Parliament shall take separate and successive votes on:

(cid:151) each draft amendment and each proposed modification,

(cid:151) each section of the draft budget,

(cid:151) a motion for a resolution concerning the draft budget.

However, Rule 130(4) to (8) shall apply.

Articles, chapters, titles and sections of the draft budget in respect of which no draft amendments or proposed

7.
modifications have been tabled shall be deemed adopted.

8.

Draft amendments shall require for adoption the votes of a majority of the component Members of Parliament.

Proposed modifications shall require for adoption a majority of the votes cast.

If Parliament has adopted draft amendments that would raise the expenditure shown in the draft budget above the
9.
maximum rate laid down, the committee responsible shall submit to Parliament a proposal
laying down a new
maximum rate as provided for in the last subparagraph of Article 78(9) of the ECSC Treaty, Article 272(9) of the EC
Treaty and Article 177(9) of the EAEC Treaty. The proposal shall be put to the vote after the various sections of the
draft budget have been voted on. Parliament shall act by a majority of its component Members and three fifths of the
votes cast. Where the proposal
is rejected, the draft budget as a whole shall be referred back to the committee
responsible.

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If Parliament has not amended the draft budget, adopted proposed modifications or adopted a proposal rejecting

10.
the draft budget, the President shall declare in Parliament that the budget has been finally adopted.

If Parliament has amended the draft budget or adopted proposed modifications, the draft budget thus amended or
accompanied by proposed modifications shall be forwarded to the Council and the Commission, together with the
justifications.

The minutes of the sitting at which Parliament delivered its opinion on the draft budget shall be forwarded to

11.
the Council and the Commission.

Article 4

Final adoption of the budget after the first reading

Where the Council has informed Parliament that it has not modified its amendments and that it has accepted or not
rejected its proposed modifications, the President shall declare in Parliament that the budget has been finally adopted.
He shall arrange for its publication in the Official Journal of the European Union.

Article 5

Consideration of the Council’s deliberations (cid:151) second stage

If the Council has modified one or more of the amendments adopted by Parliament, the text thus modified by the

1.
Council shall be referred to the committee responsible.

Subject to the conditions set out below, any Member may table and speak in support of draft amendments to the

2.
texts modified by the Council.

Such draft amendments shall be admissible only if they are presented in writing, bear the signature of at least
3.
thirty-two Members or are tabled on behalf of a committee and ensure the maintenance of a balance between revenue
and expenditure. Rule 162(5) shall not apply.

Draft amendments shall be admissible only if they refer to the texts modified by the Council.

4.

The President shall set the time limit for the tabling of draft amendments.

The committee responsible shall pronounce on the texts modified by the Council and deliver its opinion on the

5.
draft amendments to the modified texts.

6.
Draft amendments to the texts modified by the Council shall be put to the vote in Parliament without prejudice
to the provisions of Article 3(4) second subparagraph. Parliament shall act by a majority of its component Members
and three fifths of the votes cast. If the draft amendments are adopted, the texts modified by the Council shall be
deemed rejected. If they are rejected, the texts modified by the Council shall be deemed adopted.

The Council’s summary of the results of its deliberations on the proposed modifications adopted by Parliament

7.
shall be debated and a motion for a resolution may then be put to the vote.

8.
Upon completion of the procedure provided for in this Article, and subject to the provisions of Article 6, the
President shall declare in Parliament that the budget has been finally adopted. He shall arrange for its publication in the
Official Journal of the European Union.

Article 6

Total rejection

1.
At least thirty-two Members or a committee may, for important reasons, table a proposal to reject the draft
budget as a whole. Such a proposal shall be admissible only if it is accompanied by a written justification and tabled
within the time limit set by the President. The reasons for rejection may not be contradictory.

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2.

The committee responsible shall deliver its opinion on such a proposal before it is put to the vote in Parliament.

Parliament shall act by a majority of its component Members and two thirds of the votes cast. If the proposal is
adopted, the draft budget as a whole shall be referred back to the Council.

Article 7

Provisional twelfths system

Subject to the conditions set out below, any Member may submit a proposal for a decision different from that
1.
taken by the Council authorising expenditure in excess of the provisional one twelfth for expenditure other than that
necessarily resulting from the Treaty or from acts adopted in accordance therewith.

Proposals for decisions shall be admissible only if they are presented in writing, bear the signature of at least

2.
thirty-two Members or are tabled by a political group or committee and state the grounds on which they are based.

3.

4.

The committee responsible shall deliver its opinion on the texts submitted before they are discussed in Parliament.

Parliament shall act by a majority of its component Members and three fifths of the votes cast.

Deleted

Article 8

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PROCEDURE FOR THE CONSIDERATION AND ADOPTION OF DECISIONS ON THE GRANTING OF
DISCHARGE

ANNEX V

Article 1

Documents

1.

The following documents shall be printed and distributed:

(a)

the revenue and expenditure account, the financial analysis and the balance sheet forwarded by the Commission;

(b)

the Annual Report and special reports of the Court of Auditors, accompanied by the Institutions’ answers;

(c)

the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying
transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty;

(d)

the Council recommendation.

These documents shall be referred to the committee responsible. Any committee concerned may deliver an

2.
opinion.

3. Where other committees wish to deliver opinions, the President shall set the time limit within which these shall
be communicated to the committee responsible.

Article 2

Consideration of report

Parliament shall consider a report from the committee responsible concerning discharge by 30 April of the year

1.
following the adoption of the Court of Auditors’ Annual Report as required by the Financial Regulation.

2.

Parliament’s Rules relating to amendments and voting shall apply unless otherwise provided in this Annex.

Amendments to the motion for a resolution to be put to the vote in plenary must be referred to the committee responsible for
consideration.

Article 3

Content of the Report

1.

The discharge report drawn up by the committee responsible shall comprise:

(a) a proposal for a decision granting discharge or postponing the discharge decision (April part-session vote) or a

proposal for a decision granting or refusing to grant discharge (October part-session vote);

(b) a proposal for a decision closing the accounts of all the Community’s revenue, expenditure, assets and liabilities;

(c) a motion for a resolution containing comments accompanying the proposal for a decision referred to in point (a)
including both an assessment of the Commission’s budgetary management over the financial year and observations
relating to the implementation of expenditure for the future;

(d) as an Annex, a list of the documents received from the Commission and those requested but not received;

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(e)

the opinions of the committees concerned.

If the committee responsible proposes postponing the discharge decision, the relevant motion for a resolution

2.
shall also set out, inter alia:

(a)

the reasons for postponement;

(b)

the further action that the Commission is expected to take and the deadlines for doing so;

(c)

the documents required for Parliament to take an informed decision.

Deleted

Article 4

Article 5

Consideration and vote in Parliament

Any report by the committee responsible concerning the discharge shall be included on the agenda of the first

1.
part-session following its tabling.

2.

Amendments shall be admissible only to the motion for a resolution tabled pursuant to Article 3(1)(c).

Unless otherwise stipulated in Article 5a, the vote on the proposals for decisions and the motion for a resolution

3.
shall follow the order of Article 3.

4.

Parliament shall decide by a majority of the votes cast, pursuant to Article 198 of the EC Treaty.

Article 5a

Procedural variants

1.

April part-session vote

In the first instance, the discharge report shall propose either to grant or to postpone discharge.

(a)

If a proposal to grant discharge secures a majority, discharge is granted. This shall also constitute closure of the
accounts.

If a proposal to grant discharge fails to secure a majority, discharge will be deemed to be postponed and the
committee responsible shall table a new report within six months containing a new proposal to grant or refuse to
grant discharge.

(b)

If a proposal to postpone discharge is adopted, the committee responsible shall table a new report within six
months containing a new proposal to grant or refuse to grant discharge. In this case the closure of accounts shall
also be postponed and retabled with the new report.

If a proposal to postpone discharge fails to secure a majority, discharge shall be deemed granted. In this instance
the decision shall also constitute closure of the accounts. The motion for resolution may still be put to the vote.

2.

October part-session vote

In the second instance, the discharge report shall propose either to grant or to refuse to grant discharge.

(a)

If a proposal to grant discharge secures a majority, discharge is granted. This shall also constitute closure of the
accounts.

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If a proposal to grant discharge fails to secure a majority, this shall constitute refusal of discharge. A formal
proposal to close the accounts for the year in question shall be submitted at a subsequent part-session at which the
Commission shall be invited to make a statement.

(b)

If a proposal to refuse discharge secures a majority, a formal proposal to close the accounts for the year in
question shall be submitted at a subsequent part-session at which the Commission shall be invited to make a
statement.

If a proposal to refuse discharge fails to secure a majority, discharge shall be deemed granted. In this instance the
decision shall also constitute closure of accounts. The motion for resolution may still be put to the vote.

3.
In the event of the motion for resolution or the proposal on closure containing provisions which contradict
Parliament’s vote on the discharge, the President, after consulting the chairman of the committee responsible, may
postpone that vote and fix a new deadline for tabling amendments.

Article 6

Implementation of discharge decisions

1.
The President shall forward any decision or resolution of Parliament pursuant to Article 3 to the Commission and
to each of the other institutions. He shall arrange for their publication in the Official Journal of the European Union in the
series appropriate to acts of a legislative character.

2.
The committee responsible shall report to Parliament at least annually on the action taken by the institutions in
response to the comments accompanying the discharge decisions and the other comments contained in Parliament’s
resolutions concerning the implementation of expenditure.

3.
On the basis of a report by the committee responsible for budgetary control, the President, acting on behalf of
Parliament, may bring an action before the Court of Justice against the institution concerned, pursuant to Article 232
of the EC Treaty, for failure to comply with the obligations deriving from the comments accompanying the discharge
decision or the other resolutions concerning implementation of expenditure.

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ANNEX VI

POWERS AND RESPONSIBILITIES OF STANDING COMMITTEES (1)

I.

Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy

This committee is responsible for matters relating to:

1.

2.

the common foreign and security policy of the European Union,
common defence and disarmament policy (Article 11 of the EU Treaty);

including the task of

formulating a

relations with the other institutions in the foreign policy sphere, and in particular with the High
Representative for the common foreign and security policy;

3. political aspects of relations with third countries and international organisations with regard to the

implementation of the Union’s foreign and security policy;

4.

determination of the foreign policy position with regard to the allocation of the major technical assistance
and financial support programmes to third countries, in cooperation with the Committee on Budgets, the
Committee on Budgetary Control, the Committee on Development and Cooperation and the Committee on
Industry, External Trade, Research and Energy;

5. opening, monitoring and concluding negotiations concerning the accession of European States to the Union

(Article 49 of the EU Treaty) without prejudice to the powers of the specialist committees;

6. opening, monitoring and concluding negotiations concerning association and partnership agreements (Article

310 of the EC Treaty) and other international agreements of a mainly political nature;

7.

issues concerning human rights and democratisation in third countries including relations with international
human rights organisations;

8.

relations with the WEU (Article 17 of the EU Treaty);

9.

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

This committee will coordinate the work of the interparliamentary delegations and the joint parliamentary
committees and the cooperation committees and the ad hoc delegations,
including those sent to monitor
elections, both in preparing for and discussing the outcome of their meetings. The interparliamentary delegations
will consult with the committee responsible on economic and trade matters.

II.

Committee on Budgets

This committee is responsible for matters relating to:

1.

2.

3.

the definition and exercise of Parliament’s budgetary powers (Articles 268 to 273 of the EC Treaty) and the
rules thereof dealing with establishment of the budget;

the budgets of
Development Fund;

the European Union including the ECSC budget and budgetisation of

the European

the multiannual estimates of the Union’s revenue and expenditure and the interinstitutional agreements
concluded on these matters and the implementation of budgetary conciliation;

4.

financial resources of the Union;

5.

the financial activities of the EIB and the other financial and budgetary instruments of the European
Communities and of the Member States (Articles 266 and 267 of the EC Treaty);

(1) Adopted by decision of Parliament of 19 May 1983 in accordance with Rule 150 and amended by its decisions of 25 July 1984,

21 January 1987, 26 July 1989, 15 January 1992, 21 July 1994, 15 January 1997 and 15 April 1999.

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6.

financial implications of Community acts, without prejudice to the powers of the specialist committees;

7. problems relating to administrative and accounting management and the staff of the European Union, in so

far as they do not have substantial implications for the legal status of officials;

8.

transfers of appropriations;

9.

Parliament’s budget, administration and accounts (Rule 183);

10. the Financial Regulation, with the exception of matters relating to the implementation, management and

control of budgets (Article 279 of the EC Treaty).

As regards problems relating to Parliament’s budget, the Bureau and the Committee on Budgets will take
decisions in successive stages on:

(a)

the establishment plan;

(b)

the preliminary draft and the draft estimates.

The decisions concerning the establishment plan will be taken according to the following procedure:

1.

the Bureau shall draw up the establishment plan for each financial year;

2.

3.

a conciliation procedure between the Bureau and the Committee on Budgets shall be opened in cases where
the opinion of the latter diverges from the initial decisions taken by the Bureau;

at the end of the procedure, the Bureau shall take the final decision on the estimates for the establishment
plan, in accordance with Rule 182(3), without prejudice to decisions taken pursuant to Article 272 of the EC
Treaty.

As regards the estimates proper, the procedure for drawing up the estimates will begin as soon as the Bureau has
taken a final decision on the establishment plan. The stages of this procedure will be those laid down in Rule
183, viz.:

1.

the Bureau shall draw up the preliminary draft estimates of revenue and expenditure (paragraph 1);

2.

the Committee on Budgets shall draw up the draft estimates of revenue and expenditure (paragraph 2);

3.

a conciliation procedure shall be opened in cases where the positions of the Committee on Budgets and the
Bureau are widely divergent.

In exercising its powers the Committee on Budgets will cooperate closely with the Committee on Budgetary
Control.

III.

Committee on Budgetary Control

This committee is responsible for matters relating to:

1.

2.

3.

4.

5.

6.

the control of financial, budgetary and administrative implementing measures relating to the general budget
of the European Union (including the EDF);

the control of the financial and administrative activities of the ECSC and the financial activities of the EIB
carried out on the basis of instructions from the Commission;

the Financial Regulation in connection with matters relating to the implementation, management and control
of budgets (Article 279 of the EC Treaty);

the decisions on discharge taken by Parliament and measures accompanying or implementing such decisions
(Article 276 of the EC Treaty);

accounts and balance sheets relating to decisions concerning the closure, presenting and auditing of
Parliament’s revenue and expenditure as well as measures accompanying or implementing these decisions, in
particular as part of the internal discharge procedure;

the closure, presenting and auditing of the accounts and balance sheets of the European Communities, their
institutions and any bodies financed by them, including the establishment of appropriations to be carried
over and the settling of balances;

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7.

8.

9.

the monitoring accompanying the implementation of current budgets on the basis of periodic reports
provided by the Commission and measures taken for such implementation with the specialist committees or
alternatively without prejudice to the powers of the specialist committee under these Rules;

the assessment of the effectiveness of the various forms of Community financing, the coordination of the
various financial
instruments and the assessment of the cost-benefit ratio in the implementation of the
policies financed by the European Union;

consideration of
terms,
implement them, by examining cases of fraud and irregularities;

the credit

financing mechanisms and the administrative structures designed to

10. sets of rules or parts thereof dealing with the implementation of budgets;

11. the organisation of checks, the prevention, prosecution and punishment of fraud and irregularities affecting
the budget of the European Union and concerning the protection of the Community’s financial interests in
general (Article 280 of the EC Treaty);

12. consideration of reports and opinions of the Court of Auditors (Article 248 of the EC Treaty);

13. relations with the Court of Auditors and the appointment of its members, without prejudice to the powers

of the President of Parliament (Article 247 of the EC Treaty).

This committee will examine confidential documents concerning areas within in its remit, having full regard for
the provisions of Annex VII.

IV.

Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs

This committee is responsible for matters relating to:

1.

citizens’ rights, human rights and fundamental freedoms in the European Union;

2.

3.

the measures needed to combat all forms of discrimination on the grounds of sex, racial or ethnic origin,
religion or belief, disability, age or sexual orientation (Article 13 of the EC Treaty) other than those
mentioned in VIII;

the protection of physical persons with regard to the processing of personal data and the free movement of
such data (EC Treaty, in particular Article 286 thereof, and Title VI of the EU Treaty);

4. matters relating to the maintenance and development of an area of freedom, security and justice (Article 2,

first paragraph, fourth indent, of the EU Treaty), in particular:

(a) under the first pillar (Title IV of the EC Treaty), by means of measures concerning the entry and
movement of persons (policies on immigration, asylum, visas, the crossing of borders and the right of
residence) (Article 3(1)(d) of the EC Treaty);

(b) under the third pillar (Title VI of
xenophobia and combat crime,
children, drug trafficking, arms trafficking, corruption and fraud, through:

the EU Treaty), by means of measures to prevent racism and
trafficking in persons and offences against

in particular terrorism,

(cid:151) closer cooperation among police forces, customs authorities and other competent authorities in the
Member States, both directly and through the European Police Office (Europol), in accordance with
Articles 30 and 32 of the EU Treaty,

(cid:151) closer cooperation among judicial and other competent authorities in the Member States,

in

accordance with Article 31(a) to (d) and Article 32 of the EU Treaty,

(cid:151) the approximation of the rules on criminal matters in the Member States, in accordance with Article

31(e) (Article 29 of the EU Treaty);

5.

6.

7.

the strengthened cooperation arrangements under the first and third pillars with a view to establishing an
area of freedom, security and justice;

the European Monitoring Centre for Drugs and Drug Addiction and the European Monitoring Centre on
Racism and Xenophobia;

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

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V.

Committee on Economic and Monetary Affairs

This committee is responsible for matters relating to:

1.

the gradual establishment of Economic and Monetary Union;

2. medium and long-term economic and monetary planning (Articles 98 to 100 of the EC Treaty);

3.

questions of monetary policy, balance of payments, capital movements and borrowing and lending policy
(control of movements of capital originating in third countries, measures to encourage the export of the
European Union’s capital; application of Articles 56 to 60 and 101 to 124 of the EC Treaty);

4.

relations with the European Central Bank;

5.

the world monetary system;

6.

7.

8.

9.

application of the rules on competition, restrictive practices and monopolies (Articles 81 to 86 of the EC
Treaty), without prejudice to the powers of the specialist committees;

questions relating to public aid (Articles 87 to 89 of the EC Treaty), without prejudice to the powers of the
specialist committees;

tax harmonisation and the application of tax provisions relating to the free movement of goods, persons,
services and capital in the internal market (Articles 90 to 93 of the EC Treaty);

financial services (Article 51(2) of the EC Treaty) and aspects related to the prudential supervision and
monitoring of such services;

10. the monitoring accompanying the implementation of current expenditure for which it has responsibility, on

the basis of periodic reports provided by the Commission.

VI.

Committee on Legal Affairs and the Internal Market

This committee is responsible for matters relating to:

1.

2.

3.

legal aspects of the creation, interpretation and application of Community law, including the choice of legal
basis for Community acts and compliance with the principles of subsidiarity and proportionality;

legal aspects of the creation, interpretation and application of international law, in so far as it affects the
European Union;

all matters relating to the simplification of Community law, in particular legislative proposals for its official
codification;

4.

coordination at Community level of national legislation in the sphere of the internal market, in particular:

(a)

the establishment and operation of the internal market (Articles 14 and 15 of the EC Treaty);

(b)

the right of establishment and the freedom to provide services (Articles 43 to 55 of the EC Treaty),
except for financial services;

(c)

the Office for Harmonisation in the Internal Market;

5.

intellectual property law;

6.

civil liability law, contract law and procedural law, irrespective of the sector concerned;

7.

consumers’ legal protection;

8.

9.

the Staff Regulations of the European Communities (Article 283 of the EC Treaty), with the exception of
matters pertaining to remuneration, unless they have substantial implications for the legal status of staff;

the protection of Parliament’s rights and prerogatives, including its involvement in actions before the Court
of Justice and the Court of First Instance;

10. ethical questions related to new technologies, in strengthened cooperation with the relevant committee or

committees;

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11. verifying the credentials of newly elected Members and ruling on any dispute concerning the validity of the

appointment of a Member;

12. privileges and immunities;

13. the Statute for Members;

14. the monitoring accompanying the implementation of current expenditure for which it has responsibility, on

the basis of periodic reports provided by the Commission.

VII. Committee on Industry, External Trade, Research and Energy

This committee is responsible for matters relating to:

1. Community industrial policy, including its application in specific sectors, such as telecommunications, the
technological and economic aspects of the information society, the space industry, information technology
and biotechnology, in particular:

(a)

the establishment and development of trans-European networks in the telecommunications infrastructure
sector (Articles 154 to 156 of the EC Treaty);

(b)

the application of new technologies in specific industrial and service sectors, (standards, competition
rules, freedom of movement and freedom to provide services and general problems relating to the
organisation of production sectors);

(c) Community technical standards (in conjunction with the European standardisation institutes);

2. monitoring of the Union’s common commercial policy (Articles 131 to 134 of the EC Treaty), in particular:

(a)

international agreements governing economic and trade relations with third countries;

(b)

the economic and trade aspects of the European Economic Area and relations with EFTA;

(c) matters concerning the OECD and regional economic and commercial integration organisations situated

outside the Community, and agreements signed in that context;

(d) all aspects concerning the WTO and other international economic organisations, particularly as regards

trade in goods and services, investment, public contracts, competition and intellectual property;

(e)

the common external tariff and dumping practices by third countries;

(f)

economic cooperation,
support
association and partnership agreements;

to associated third countries (PHARE, TACIS MEDA) and the economic aspects of

including the major programmes offering technical assistance and financial
the

3.

fundamental or pre-industrial research, the Community research and technological development framework
programme and other specific programmes (Articles 163 to 173 of the EC Treaty), in particular:

(a)

research and technological development agreements with third parties, and the application of such
technological research and development;

(b) dissemination of research findings;

(c)

the arrangements for the implementation of or participation in the framework research programme
(Articles 168 to 171 of the EC Treaty);

4.

5.

the activities of the JRC, the Central Office for Nuclear Measurements, JET, ITER and other projects in the
same area;

energy policy in general, and in particular energy supplies, including coal and nuclear energy under the
ECSC and EAEC Treaties, in particular:

(a)

the Energy Charter;

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(b)

the establishment and development of trans-European networks in the energy infrastructure sector
(Articles 154 to 156 of the EC Treaty);

(c) nuclear safety;

(d)

renewable energies;

6.

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

The interparliamentary delegations and ad hoc delegations will consult with this committee on the economic and
trade aspects of relations with third countries.

VIII. Committee on Employment and Social Affairs

This committee is responsible for matters relating to:

1.

employment policy (Title VIII of the EC Treaty), including measures to combat unemployment, job creation
and the Employment Committee;

2.

social policy (Articles 136 to 145 of the EC Treaty, with the exception of Article 141), in particular:

(a) protection of living and working conditions, including the working environment, in order to protect the

health and safety of workers;

(b)

information and consultation of workers;

(c) collective protection of workers’ and employers’ interests;

(d) wages and pensions policy;

(e)

social security and welfare protection;

(f)

social exclusion and social cohesion;

(g) employment conditions for legal residents from third countries;

(h) housing policy and promotion of low-cost housing schemes;

3.

the social dimension and the labour market in the information society;

4.

the European Social Fund (Articles 146 to 148 of the EC Treaty);

5.

vocational training (Article 150 of the EC Treaty), and in particular:

(a)

implementation of a Community vocational training policy;

(b) harmonisation of professional qualifications;

6.

the free movement of workers (Articles 39 to 42 of the EC Treaty);

7.

social dialogue;

8.

the following bodies:

(cid:151) the European Centre for the Development of Vocational Training (Cedefop),

(cid:151) the European Foundation for the Improvement of Living and Working Conditions,

(cid:151) the European Training Foundation,

(cid:151) the European Agency for Health and Safety at Work;

9.

all forms of discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or
sexual orientation (Article 13 of the EC Treaty), related to fundamental social rights and to the labour
market;

10. the monitoring accompanying the implementation of current expenditure for which it has responsibility, on

the basis of periodic reports provided by the Commission.

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IX.

Committee on the Environment, Public Health and Consumer Policy

This committee is responsible for matters relating to:

1.

environmental policy and environmental protection measures (Article 174 of the EC Treaty), in particular:

(a) air, soil and water pollution;

(b) climate change;

(c) classification, packaging, labelling, transport and use of dangerous substances and preparations;

(d)

fixing permissible noise levels;

(e)

treatment and storage of waste (including recycling);

(f)

international and regional measures and agreements aimed at protecting the environment;

(g) protecting fauna and its habitat;

(h) provisions of the Law of the Sea regarding the environment;

(i)

the European Environment Agency;

2. public health (Article 152 of the EC Treaty), in particular:

(a) programmes in the field of public health;

(b)

labelling and safety of foodstuffs;

(c) veterinary legislation concerning protection against dangers to human health arising from bacteria and

residues in animal products; public health checks on foodstuffs and food production systems;

(d) pharmaceutical products, including veterinary products;

(e)

the European Agency for the Evaluation of Medicinal Products;

(f) medical research;

(g) cosmetic products;

(h) civil protection;

3.

consumer policy, in particular:

(a) protection of consumers against risks to their health and safety;

(b) appropriate consultation and representation of consumers during the preparation of decisions which

affect their interests, in particular their economic interests;

(c)

improvement of consumer information and education;

4.

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

X.

Committee on Agriculture and Rural Development

This committee is responsible for matters relating to:

1.

the operation and development of the common agricultural policy and forestry policy (Articles 32 to 38 and,
where appropriate, 95 and 152 of the EC Treaty);

2.

rural development, including the activities of the EAGGF (cid:151) Guidance Section;

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3.

legislation on:

(cid:151) veterinary and plant-health matters;

(cid:151) animal feedingstuffs;

in cases covered by the first and second indents, provided that the agricultural aspect of these matters is
predominant, by comparison with any risks to human health which may stem from them;

(cid:151) animal husbandry and welfare;

4.

supplies of agricultural raw materials;

5.

the Community Office for Plant Varieties;

6.

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

XI.

Committee on Fisheries

This committee is responsible for matters relating to:

1.

the operation and development of the common fisheries policy and its management;

2.

conservation of fishery resources;

3.

common organisation of the market in fishery products;

4.

5.

6.

structural policy in the fisheries and aquaculture sectors, including the financial instruments for fisheries
guidance (FIFG and PESCA);

international fisheries agreements (concluded pursuant to Article 37 in conjunction with Article 300 of the
EC Treaty);

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

XII. Committee on Regional Policy, Transport and Tourism

This committee is responsible for matters relating to:

1. Community regional policy understood as a structural policy designed to foster the convergence of
economies, economic and social cohesion, the harmonious, balanced and sustainable development of the
Union (Article 2 of the EC Treaty) and the lessening of socio-economic imbalances among the various areas
of the Union, in particular:

(a)

the drawing up,
implementation and evaluation of Community regional policy plans and projects
concerning, in particular, the less-developed regions, areas undergoing socio-economic change in the
industrial and service sectors and urban areas;

(b)

the problems of the outermost regions and islands (Declaration No 30 of the Amsterdam Treaty);

(c)

the impact of other Community policies on economic and social cohesion;

(d)

the European Regional Development Fund, the Cohesion Fund and the other instruments of Community
regional policy;

(e) coordination of Community structural instruments;

(f)

the use and results in the Member States of Community regional
coordination and impact of national regional aid schemes;

intervention measures and the

(g)

transfrontier and interregional cooperation;

(h)

relations with the Committee of the Regions;

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(i)

relations with local and regional authorities and their involvement in the framing of regional policy;

2.

a common transport policy (Articles 70 to 80 of the EC Treaty),
waterway transport and maritime and air transport, in particular:

incorporating rail, road and inland

(a)

the creation of a European transport network, and in particular the establishment and development of
trans-European networks in the transport infrastructure sector (Articles 154 to 156 of the EC Treaty);

(b)

the drafting of common rules applicable to international transport;

(c) discrimination, harmonisation and coordination in the transport sphere;

(d)

the European Union’s policy on ports and airports;

3.

tourism;

4.

the development of a European regional planning policy, including an urban policy;

5. postal services;

6.

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

XIII. Committee on Culture, Youth, Education, the Media and Sport

This committee is responsible for matters relating to:

1.

the cultural aspects of the European Union, and in particular improving the knowledge and dissemination of
culture, the conservation and safeguarding of cultural heritage, cultural exchanges and artistic creation
(Article 151 of the EC Treaty);

2.

the European Union’s education policy (Article 149 of the EC Treaty), in particular:

(a)

the teaching and dissemination of the languages of the Member States;

(b)

student and teacher mobility;

(c)

fostering cooperation among educational establishments;

(d)

the development of distance education and life-long learning;

(e)

the development of the European University and promotion of the system of European schools;

3.

youth policy: exchanges of young people, with the exception of young workers, the European voluntary
service and other measures designed to involve young people in the European integration process, such as
the European Youth Forum for example;

4.

the audiovisual industry and the cultural and educational aspects of the information society;

5.

information and media policy and informing public opinion about the activities of the European Union;

6.

the development of a sports (Declaration No 29 of the Amsterdam Treaty) and leisure policy;

7.

8.

cooperation in the areas of culture and education with third countries and the competent international
organisations, in particular the Council of Europe;

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

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XIV. Committee on Development and Cooperation

This committee is responsible for matters relating to:

1.

the promotion, application and monitoring of the development and cooperation policy of the European
Union (Articles 177 to 181 of the EC Treaty), including:

(a) political dialogue with developing countries;

(b) economic, trade and investment policy as regards developing countries, including the Generalised System

of Preferences;

(c) humanitarian aid, emergency aid and food aid in developing countries;

(d)

technical and financial cooperation with developing countries;

(e) other sectoral issues, such as health, education, industrial and rural development;

(f)

support for the process of democratisation, good governance and human rights in developing countries;

2.

the negotiation, conclusion and implementation of the ACP-EC Convention;

3.

relations with relevant international, multilateral and non-governmental organisations;

4.

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

XV. Committee on Constitutional Affairs

This committee is responsible for matters relating to:

1.

the development of European integration, in particular in the framework of the preparation and proceedings
of the intergovernmental conferences;

2.

the institutional consequences of enlargement negotiations of the European Union;

3.

the implementation of the EU Treaty and the assessment of its operation;

4.

general relations with the other institutions or bodies of the European Union;

5.

the drawing-up of a draft uniform electoral procedure (Article 190(4) of the EC Treaty);

6.

the development of European political parties (Article 191 of the EC Treaty);

7.

the establishment of instances of a serious and persistent breach by a Member State of the principles
common to the Member States (Article 7 of the EU Treaty and Article 309 of the EC Treaty);

8.

the Rules of Procedure of the European Parliament, i.e.:

(a)

the wording of the Rules of Procedure, including the annexes;

(b) consideration of amendments to the Rules of Procedure tabled pursuant to Rule 181 and the drafting of

reports on that subject;

(c)

the interpretation of the Rules of Procedure pursuant to Rules 142 and 180;

9.

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

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XVI. Committee on Women’s Rights and Equal Opportunities

This committee is responsible for matters relating to:

1.

the definition, the evolution and the implementation of women’s rights in the Union and fostering women’s
rights in third countries;

2.

the implementation and further development of mainstreaming in all sectors;

3.

the establishment and evaluation of all policies and programmes for women;

4.

the follow-up and implementation of international agreements and conventions involving the rights of
women (United Nations, International Labour Office, etc.);

5.

information policy and studies on women;

6.

7.

the policy on equal opportunities (Article 141 of the EC Treaty),
including equality between men and
women with regard to labour market opportunities and treatment at work (Article 137(1), fifth indent, of the
EC Treaty);

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

XVII. Committee on Petitions

This committee is responsible for matters relating to:

1. petitions (Article 21 of the EC Treaty), consideration thereof and action to be taken in connection therewith,

and relations with the Ombudsman;

2.

the monitoring accompanying the implementation of current expenditure for which it has responsibility, on
the basis of periodic reports provided by the Commission.

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ANNEX VII

CONFIDENTIAL AND SENSITIVE DOCUMENTS AND INFORMATION

A. Consideration of confidential documents communicated to Parliament

Procedure for the consideration of confidential documents communicated to the European Parliament (1)

1. Confidential documents shall mean documents and information to which public access may be refused in
accordance with Article 4 of European Parliament and Council Regulation (EC) No 1049/2001 and shall include
sensitive documents as defined in Article 9 of that Regulation.

Where the confidential nature of documents received by Parliament is questioned by one of the institutions, the
matter shall be referred to the interinstitutional committee established pursuant to Article 15(2) of Regulation (EC)
No 1049/2001.

When confidential documents are communicated to Parliament under cover of confidentiality, the chairman of
Parliament’s committee responsible shall automatically apply the confidential procedure laid down in paragraph 3
below.

Further rules concerning the protection of confidential documents shall be adopted by the plenary on the basis of a
proposal from the Bureau and shall be annexed to the Rules of Procedure. These rules shall take account of
contacts with the Commission and Council.

2. Any committee of the European Parliament shall be entitled to apply the confidential procedure to an item of
information or a document indicated by one of its members in a written or oral request. A majority of two thirds
of the members present shall be required for a decision to apply the confidential procedure.

3. Once the chairman of the committee has declared that proceedings are confidential, they may be attended only
by members of the committee and by officials and experts who have been designated in advance by the chairman
and whose presence is strictly necessary.

The documents, which shall be numbered, shall be distributed at the beginning of the meeting and collected again
at the end. No notes of these, and certainly no photocopies, may be taken.

The minutes of the meeting shall make no mention of the discussion of the item taken under the confidential
procedure. Only the relevant decision, if any, may be recorded.

4. Three members of a committee which has applied the confidential procedure may request consideration of a
breach of confidentiality, and this may be placed on the agenda. By a majority of its members, the committee may
decide that consideration of the breach of confidentiality shall be placed on the agenda for the first meeting
following the submission of the request to its chairman.

5.
Penalties: in cases of infringement, the chairman of the committee shall, after consulting the vice-chairmen, lay
down in a reasoned decision the penalties to be applied (reprimand, exclusion from the committee for a shorter or
longer period or permanently).

The member concerned may lodge an appeal without suspensory effect against this decision. This appeal shall be
considered jointly by the Conference of Presidents of the European Parliament and the bureau of the committee
concerned. Their majority decision shall be final.

If it is proved that an official has failed to respect confidentiality, the penalties for which the Staff Regulations
provide shall apply.

(1) Adopted by decision of Parliament of 15 February 1989 and amended by its decision of 13 November 2001.

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B. Access by Parliament to sensitive information in the field of security and defence policy

Interinstitutional Agreement of 20 November 2002 between the European Parliament and the Council concerning
access by the European Parliament to sensitive information of the Council in the field of security and defence
policy (2)

THE EUROPEAN PARLIAMENT AND THE COUNCIL,

Whereas:

(1) Article 21 of the Treaty on European Union states that the Council Presidency shall consult the European
Parliament on the main aspects and the basic choices of the common foreign and security policy and shall
ensure that the views of the European Parliament are duly taken into consideration. That Article also stipulates
that the European Parliament shall be kept regularly informed by the Council Presidency and the Commission
of the development of the common foreign and security policy. A mechanism should be introduced to ensure
that these principles are implemented in this field.

(2)

(3)

In view of the specific nature and the especially sensitive content of certain highly classified information in
the field of security and defence policy, special arrangements should be introduced for the handling of
documents containing such information.

In conformity with Article 9(7) of Regulation (EC) No 1049/2001 of the European Parliament and of the
Council of 30 May 2001 regarding public access to European Parliament, Council and Commission
documents (3), the Council is to inform the European Parliament regarding sensitive documents as defined in
Article 9(1) of that Regulation in accordance with arrangements agreed between the institutions.

(4)

In most Member States there are specific mechanisms for the transmission and handling of classified
information between national governments and parliaments. This Interinstitutional Agreement should provide
the European Parliament with treatment inspired by best practices in Member States,

HAVE CONCLUDED THIS INTERINSTITUTIONAL AGREEMENT:

1.

Scope

1.1.

This Interinstitutional Agreement deals with access by the European Parliament to sensitive information, i.e.
information classified as (cid:145)TR¨S SECRET/TOP SECRET(cid:146),
(cid:145)SECRET(cid:146) or (cid:145)CONFIDENTIAL(cid:146), whatever its origin,
medium or state of completion, held by the Council in the field of security and defence policy and the
handling of documents so classified.

1.2.

Information originating from a third State or international organisation shall be transmitted with the
agreement of that State or organisation.

Where information originating from a Member State is transmitted to the Council without explicit
restriction on its dissemination to other institutions other than its classification, the rules in sections 2 and 3
of this Interinstitutional Agreement shall apply. Otherwise, such information shall be transmitted with the
agreement of the Member State in question.

In the case of a refusal of the transmission of information originating from a third State, an international
organisation or a Member State, the Council shall give the reasons.

1.3.

The provisions of this Interinstitutional Agreement shall apply in accordance with applicable law and
without prejudice to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the
the European
Commission of 19 April 1995 on the detailed provisions governing the exercise of
Parliament’s
especially the
to existing arrangements,
Interinstitutional Agreement of 6 May 1999 between the European Parliament,
the Council and the
Commission on budgetary discipline and improvement of the budgetary procedure (5).

and without prejudice

inquiry (4)

right of

(2) OJ C 298, 30.11.2002, p. 1.
(3) OJ L 145, 31.5.2001, p. 43.
(4) OJ L 113, 19.5.1995, p. 2.
(5) OJ C 172, 18.6.1999, p. 1.

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2.

General rules

2.1.

The two institutions shall act in accordance with their mutual duties of sincere cooperation and in a spirit
of mutual trust as well as in conformity with the relevant Treaty provisions. Transmission and handling of
the information covered by this Interinstitutional Agreement must have due regard for the interests which
classification is designed to protect, and in particular the public interest as regards the security and defence
of
its Member States or military and non-military crisis
management.

the European Union or of one or more of

2.2. At the request of one of the persons referred to in point 3.1, the Presidency of the Council or the
inform them with all due despatch of the content of any
Secretary-General/High Representative shall
sensitive information required for the exercise of the powers conferred on the European Parliament by the
Treaty on European Union in the field covered by this Interinstitutional Agreement, taking into account the
public interest in matters relating to the security and defence of the European Union or of one or more of
its Member States or military and non-military crisis management, in accordance with the arrangements laid
down in section 3.

3.

Arrangements for access to and handling of sensitive information

3.1.

3.2.

3.3.

this Interinstitutional Agreement,

In the context of
the European Parliament or the
Chairman of the European Parliament’s Committee on Foreign Affairs, Human Rights, Common Security
the Secretary-General/High
and Defence Policy may request
Representative convey information to this committee on developments in European security and defence
policy, including sensitive information to which point 3.3 applies.

the Presidency of

the President of

the Council or

that

In the event of a crisis or at the request of the President of the European Parliament or of the Chairman of
the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, such information
shall be provided at the earliest opportunity.

In this framework, the President of the European Parliament and a special committee chaired by the
Chairman of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and
composed of four members designated by the Conference of Presidents shall be informed by the Presidency
of the Council or the Secretary-General/High Representative of the content of the sensitive information
where it is required for the exercise of the powers conferred on the European Parliament by the Treaty on
European Union in the field covered by this Interinstitutional Agreement. The President of the European
Parliament and the special committee may ask to consult the documents in question on the premises of the
Council.

Where this is appropriate and possible in the light of the nature and content of the information or
documents concerned, these shall be made available to the President of the European Parliament, who shall
select one of the following options:

(a)

information intended for the chairman of the Committee on Foreign Affairs, Human Rights, Common
Security and Defence Policy;

(b) access to information restricted to the members of the Committee on Foreign Affairs, Human Rights,

Common Security and Defence Policy only;

(c) discussion in the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy,
in accordance with arrangements which may vary by virtue of the degree of

meeting in camera,
confidentiality involved;

(d) communication of documents from which information has been expunged in the light of the degree of

secrecy required.

These options are not applicable if sensitive information is classified as (cid:145)TR¨S SECRET/TOP SECRET(cid:146).

As to information or documents classified as (cid:145)SECRET(cid:146) or (cid:145)CONFIDENTIAL(cid:146), the selection by the President of
the European Parliament of one of these options shall be previously agreed with the Council.

The information or documents in question shall not be published or forwarded to any other addressee.

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4.

Final provisions

4.1.

4.2.

The European Parliament and the Council, each for its own part, shall take all necessary measures to ensure
the implementation of
including the steps required for the security
clearance of the persons involved.

this Interinstitutional Agreement,

The two institutions are willing to discuss comparable Interinstitutional Agreements covering classified
information in other areas of the Council’s activities, on the understanding that the provisions of this
Interinstitutional Agreement do not constitute a precedent for the Union’s or the Community’s other areas
of activity and shall not affect the substance of any other Interinstitutional Agreements.

4.3.

This Interinstitutional Agreement shall be reviewed after two years at the request of either of the two
institutions in the light of experience gained in implementing it.

ANNEX

This Interinstitutional Agreement shall be implemented in conformity with the relevant applicable regulations and
in particular with the principle according to which the consent of the originator is a necessary condition for the
transmission of classified information as laid down in point 1.2.

Consultation of sensitive documents by the members of the Special Committee of the European Parliament shall
take place in a secured room at the Council premises.

This Interinstitutional Agreement shall enter into force after the European Parliament has adopted internal security
measures which are in accordance with the principles laid down in point 2.1 and comparable to those of the other
institutions in order to guarantee an equivalent level of protection of the sensitive information concerned.

C.

Implementation of the Interinstitutional Agreement governing Parliament access to sensitive information
in the sphere of security and defence policy

European Parliament decision of 23 October 2002 on the implementation of the Interinstitutional Agreement
governing European Parliament access to sensitive Council
information in the sphere of security and defence
policy (6)

THE EUROPEAN PARLIAMENT,

having regard to Article 9, and in particular paragraphs 6 and 7 thereof, of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council
and Commission documents (7),

having regard to point 1 of Annex VII, part A of its Rules of Procedure,

having regard to Article 20 of the Bureau Decision of 28 November 2001 on public access to Parliament
documents (8),

having regard to the Interinstitutional Agreement between the European Parliament and the Council on European
Parliament access to sensitive Council information in the sphere of security and defence policy,

having regard to the Bureau proposal,

having regard to the specific nature and the particularly sensitive substance of some highly confidential items of
information in the sphere of security and defence policy,

(6) OJ C 298, 30.11.2002, p. 4.
(7) OJ L 145, 31.5.2001, p. 43.
(8) OJ C 374, 29.12.2001, p. 1.

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whereas,
information about sensitive documents available to Parliament,

in accordance with the provisions agreed between the institutions, the Council

is required to make

whereas the Members of the European Parliament who sit on the special committee set up by the Interinstitutional
Agreement must be cleared for access to sensitive information in accordance with the (cid:145)need-to-know(cid:146) principle,

having regard to the need to lay down specific arrangements for receiving, dealing with and safeguarding sensitive
information forwarded by the Council, Member States, third States or international organisations,

HAS DECIDED:

Article 1

This Decision adopts the additional measures required to implement the Interinstitutional Agreement governing
European Parliament access to sensitive Council information in the sphere of security and defence policy.

Article 2

Parliament’s requests for access to sensitive Council information shall be dealt with by the latter in a manner
consistent with its relevant rules. If the documents requested have been drawn up by other institutions, Member
States, third countries or international organisations, they shall be forwarded only with the agreement of the
institutions, States or organisations concerned.

Article 3

The President of Parliament shall be responsible for the implementation of the Interinstitutional Agreement within
the Institution.

In that connection, he/she shall take all the measures required to guarantee that information received directly from
the President of the Council or the Secretary-General/High Representative, or information obtained in the course of
the consultation of sensitive documents on the Council’s premises, is dealt with in a confidential manner.

Article 4

When the President of Parliament or the chairman of the Committee on Foreign Affairs, Human Rights, Common
Security and Defence Policy asks the Council Presidency or the Secretary-General/High Representative to supply
sensitive information to the special committee set up by the Interinstitutional Agreement, that information shall be
provided as soon as possible. In that connection, Parliament shall fit out a room specially designed for the holding
of meetings to deal with sensitive information. The room shall be chosen with a view to guaranteeing a level of
protection equivalent to that laid down for this type of meeting by Council Decision 2001/264/EC of 19 March
2001 (9) adopting the Council’s security regulations.

Article 5

The information meeting chaired by the President of Parliament or by the chairman of the above-mentioned
committee shall be held in camera.

With the exception of the four Members appointed by the Conference of Presidents, only those officials who, by
virtue of their duties or in accordance with operational requirements, have been cleared and authorised to enter it
subject to the (cid:145)need-to-know(cid:146) principle shall have access to the meeting room.

(9) OJ L 101, 11.4.2001, p. 1.

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Article 6

Pursuant to paragraph 3.3 of the above-mentioned Interinstitutional Agreement, when the President of Parliament
or the chairman of
the above-mentioned committee decides to request authorisation to consult documents
containing sensitive information, that consultation shall be carried out on the Council’s premises.

Documents shall be consulted on the spot in whatever version they are available.

Article 7

The Members of Parliament who are to attend information meetings or have access to sensitive documents shall be
the subject of a clearance procedure similar to that undergone by Members of the Council and Members of the
Commission. In that connection, the President of Parliament shall take the requisite steps vis-(cid:224)-vis the competent
national authorities.

Article 8

Officials who are to have access to sensitive information shall be cleared in accordance with the provisions laid
down for the other institutions. Officials cleared in this way subject to the (cid:145)need-to-know(cid:146) principle shall be invited
to attend the above-mentioned information meetings or to peruse the documents in question. In that connection,
the Secretary-General, after consulting the competent Member State authorities, shall grant clearance on the basis
of the security inquiry carried out by those same authorities.

Article 9

The information obtained at such meetings or during the consultation of such documents on the Council’s
premises shall not be disclosed, disseminated or reproduced, either in full or in part, in any form. By the same
token, no recording of particulars relating to the sensitive information provided by the Council shall be authorised.

Article 10

The Members of Parliament designated by the Conference of Presidents to have access to the sensitive information
shall be bound by the requirement to maintain confidentiality. Any Member who breaches that requirement shall
be replaced on the special committee by another Member designated by the Conference of Presidents. In that
connection, the Member guilty of a breach of the requirement may, prior to his/her exclusion from the special
committee, be heard by the Conference of Presidents, which shall hold a special meeting in camera. In addition to
his/her exclusion from the special committee, the Member responsible for leaking information may, if appropriate,
be the subject of judicial proceedings pursuant to the relevant legislation in force.

Article 11

Officials duly cleared to have access to sensitive information in accordance with the (cid:145)need-to-know(cid:146) principle shall
be bound by the requirement to maintain confidentiality. Any official who breaches that rule shall be the subject of
an inquiry conducted under the authority of
if appropriate, disciplinary proceedings in
accordance with the Staff Regulations (statut des fonctionnaires). Should judicial proceedings be initiated, the
President shall take all the measures required to enable the competent national authorities to implement the
appropriate procedures.

the President and,

The Bureau shall be competent to undertake any revision, amendment or interpretation necessitated by the
implementation of this Decision.

Article 12

This Decision shall be annexed to Parliament’s Rules of Procedure and shall enter into force on the day of its
publication in the Official Journal of the European Communities.

Article 13

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ANNEX VII

DETAILED PROVISIONS GOVERNING THE EXERCISE OF THE EUROPEAN PARLIAMENT’S RIGHT OF
INQUIRY

Decision of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed
provisions governing the exercise of the European Parliament’s right of inquiry (1)

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 193 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
determined with due regard for the provisions laid down by the Treaties establishing the European Communities;

inquiry should be

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 1

The 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 193 of the EC Treaty and Article 107b of the
EAEC Treaty.

Article 2

1.
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.

The temporary committee of inquiry shall carry out its duties in compliance with the powers conferred by the

2.
Treaties on the institutions and bodies of the European Communities.

(1) OJ L 113, 19.5.1995, p. 2.

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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 unauthorised 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.

A temporary committee of inquiry may not investigate matters at issue before a national or Community court of

3.
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 3

The temporary committee of inquiry shall carry out the inquiries necessary to verify alleged contraventions or

1.
maladministration in the implementation of Community law under the conditions laid down below.

The temporary committee of inquiry may invite an institution or a body of the European Communities or the

2.
Government of a Member State to designate one of its members to take part in its proceedings.

On a reasoned request

3.
the Member States concerned and the
institutions or bodies of the European Communities shall designate the official or servant whom they authorise 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.

from the temporary committee of

inquiry,

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.

Paragraphs 3 and 4 shall be without prejudice to any other provisions of the Member States which prohibit

5.
officials from appearing or documents from being forwarded.

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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 authorised to commit the Government of
the Member State concerned or the institution.

Institutions or bodies of the European Communities shall not supply the temporary committee of inquiry with

6.
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.

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

7.
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 4

The information obtained by the temporary committee of inquiry shall be used solely for the performance of its

1.
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.

The temporary committee of inquiry’s report shall be submitted to the European Parliament, which may decide to

2.
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 5

Any 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.

At 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 6

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

Article 7

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ANNEX IX

PROVISIONS GOVERNING THE APPLICATION OF RULE 9(2)

Lobbying in Parliament

Article 1

Passes

The pass shall consist of a plastic card, bearing a photograph of the holder, indicating the holder’s surname and

1.
forenames and the name of the firm, organisation or person for whom the holder works.

Pass-holders shall at all times wear their pass visibly on all Parliament premises. Failure to do so may lead to its
withdrawal.

Passes shall be distinguished by their shape and colour from the passes issued to occasional visitors.

2.

Passes shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(2).

Any dispute by a Member as to the activity of a representative or lobby shall be referred to the Quaestors, who shall
look into the matter and may decide whether to maintain or withdraw the pass concerned.

Passes shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than
in this case, entitle the holder to derogations from access rules

3.
those declared open to the public and shall not,
applicable to all other Union citizens.

Article 2

Assistants

At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants

1.
who may be registered by each Member.

Upon taking up their duties, registered assistants shall make a written declaration of their professional activities and any
other remunerated functions or activities.

2.

They shall have access to Parliament under the same conditions as staff of the Secretariat or the political groups.

All other persons, including those working directly with Members, shall only have access to Parliament under the

3.
conditions laid down in Rule 9(2).

Article 3

Code of conduct

In the context of their relations with Parliament, the persons whose names appear in the register provided for in

1.
Rule 9(2) shall:

(a) comply with the provisions of Rule 9 and this Annex;

(b)

state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of
Parliament;

(c)

refrain from any action designed to obtain information dishonestly;

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(d) not claim any formal relationship with Parliament in any dealings with third parties;

(e) not circulate for a profit to third parties copies of documents obtained from Parliament;

(f)

comply strictly with the provisions of Annex I, Article 2, second paragraph;

(g)

satisfy themselves that any assistance provided in accordance with the provisions of Annex I, Article 2 is declared
in the appropriate register;

(h) comply, when recruiting former officials of the institutions, with the provisions of the Staff Regulations;

(i) observe any rules laid down by Parliament on the rights and responsibilities of former Members;

(j)

in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as
regards any contractual relationship with or employment of a Member’s assistant, and subsequently satisfy
themselves that this is declared in the register provided for in Rule 9(2).

Any breach of this Code of Conduct may lead to the withdrawal of the pass issued to the persons concerned and,

2.
if appropriate, their firms.

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ANNEX X

PERFORMANCE OF THE OMBUDSMAN’S DUTIES

A. Decision of the European Parliament on the regulations and general conditions governing the performance

of the Ombudsman’s duties (1)

THE EUROPEAN PARLIAMENT,

Having regard to the Treaties establishing the European Communities, and in particular Article 195(4) of the
Treaty establishing the European Community, Article 20d(4) of the Treaty establishing the European Coal and Steel
Community and Article 107d(4) of the Treaty establishing the European Atomic Energy Community,

Having regard to the opinion of the Commission,

Having regard to the Council’s approval,

Whereas the regulations and general conditions governing the performance of the Ombudsman’s duties should be
laid down, in compliance with the provisions of the Treaties establishing the European Communities;

Whereas the conditions under which a complaint may be referred to the Ombudsman should be established as well
as the relationship between the performance of the duties of Ombudsman and legal or administrative proceedings;

Whereas the Ombudsman, who may also act on his own initiative, must have access to all the elements required
for the performance of his duties; whereas to that end Community institutions and bodies are obliged to supply the
Ombudsman, at his request, with any information which he requests of them, unless there are duly substantiated
grounds for secrecy, and without prejudice to the Ombudsman’s obligation not to divulge such information;
whereas the Member States’ authorities are obliged to provide the Ombudsman with all necessary information save
where such information is covered by rules or regulations on secrecy or by provisions preventing its being
communicated; whereas if the Ombudsman finds that the assistance requested is not forthcoming, he shall inform
the European Parliament, which shall make appropriate representations;

Whereas it is necessary to lay down the procedures to be followed where the Ombudsman’s enquiries reveal cases
of maladministration; whereas provision should also be made for the submission of a comprehensive report by the
Ombudsman to the European Parliament at the end of each annual session;

Whereas the Ombudsman and his staff are obliged to treat in confidence any information which they have
acquired in the course of their duties; whereas the Ombudsman is, however, obliged to inform the competent
authorities of facts which he considers might relate to criminal law and which have come to his attention in the
course of his enquiries;

Whereas provision should be made for the possibility of cooperation between the Ombudsman and authorities of
the same type in certain Member States, in compliance with the national laws applicable;

Whereas it is for the European Parliament to appoint the Ombudsman at the beginning of its mandate and for the
duration thereof, choosing him from among persons who are Union citizens and offer every requisite guarantee of
independence and competence;

Whereas conditions should be laid down for the cessation of the Ombudsman’s duties;

Whereas the Ombudsman must perform his duties with complete independence and give a solemn undertaking
before the Court of Justice of the European Communities that he will do so when taking up his duties; whereas
activities incompatible with the duties of Ombudsman should be laid down as should the remuneration, privileges
and immunities of the Ombudsman;

Whereas provisions should be laid down regarding the officials and servants of the Ombudsman’s secretariat which
will assist him and the budget thereof; whereas the seat of the Ombudsman should be that of the European
Parliament;

(1) Adopted by Parliament on 9. March 1994 (OJ L 113, 4.5.1994, p. 15) and amended by its decision of 14 March 2002 deleting

Articles 12 and 16 (OJ L 92, 9.4.2002, p. 13).

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Whereas it is for the Ombudsman to adopt the implementing provisions for this Decision; whereas furthermore
certain transitional provisions should be laid down for the first Ombudsman to be appointed after the entry into
force of the EU Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

1.
The regulations and general conditions governing the performance of the Ombudsman’s duties shall be as
laid down by this Decision in accordance with Article 195(4) of the Treaty establishing the European Community,
Article 20d(4) of the Treaty establishing the European Coal and Steel Community and Article 107d(4) of the Treaty
establishing the European Atomic Energy Community.

The Ombudsman shall perform his duties in accordance with the powers conferred on the Community

2.
institutions and bodies by the Treaties.

3.

The Ombudsman may not intervene in cases before courts or question the soundness of a court’s ruling.

Article 2

1. Within the framework of the aforementioned Treaties and the conditions laid down therein, the Ombudsman
shall help to uncover maladministration in the activities of the Community institutions and bodies, with the
exception of
Instance acting in their judicial role, and make
recommendations with a view to putting an end to it. No action by any other authority or person may be the
subject of a complaint to the Ombudsman.

Justice and the Court of First

the Court of

2.
Any citizen of the Union or any natural or legal person residing or having his registered office in a Member
State of the Union may, directly or through a Member of the European Parliament, refer a complaint to the
Ombudsman in respect of an instance of maladministration in the activities of Community institutions or bodies,
with the exception of the Court of Justice and the Court of First Instance acting in their judicial role. The
Ombudsman shall inform the institution or body concerned as soon as a complaint is referred to him.

The complaint must allow the person lodging the complaint and the object of the complaint to be identified;

3.
the person lodging the complaint may request that his complaint remain confidential.

4.
A complaint shall be made within two years of the date on which the facts on which it is based came to the
attention of the person lodging the complaint and must be preceded by the appropriate administrative approaches
to the institutions and bodies concerned.

5.

The Ombudsman may advise the person lodging the complaint to address it to another authority.

Complaints submitted to the Ombudsman shall not affect time limits for appeals in administrative or judicial

6.
proceedings.

7. When the Ombudsman, because of legal proceedings in progress or concluded concerning the facts which
have been put forward, has to declare a complaint inadmissible or terminate consideration of it, the outcome of
any enquiries he has carried out up to that point shall be filed definitively.

8.
No complaint may be made to the Ombudsman that concerns work relationships between the Community
institutions and bodies and their officials and other servants unless all the possibilities for the submission of
internal administrative requests and complaints, in particular the procedures referred to in Article 90(1) and (2) of
the Staff Regulations, have been exhausted by the person concerned and the time limits for replies by the authority
thus petitioned have expired.

The Ombudsman shall as soon as possible inform the person lodging the complaint of the action he has

9.
taken on it.

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Article 3

1.
The Ombudsman shall, on his own initiative or following a complaint, conduct all the enquiries which he
considers justified to clarify any suspected maladministration in the activities of Community institutions and bodies.
He shall inform the institution or body concerned of such action, which may submit any useful comment to him.

2.
The Community institutions and bodies shall be obliged to supply the Ombudsman with any information he
has requested of them and give him access to the files concerned. They may refuse only on duly substantiated
grounds of secrecy.

They shall give access to documents originating in a Member State and classed as secret by law or regulation only
where that Member State has given its prior agreement.

They shall give access to other documents originating in a Member State after having informed the Member State
concerned.

In both cases, in accordance with Article 4, the Ombudsman may not divulge the content of such documents.

Officials and other servants of Community institutions and bodies must testify at the request of the Ombudsman;
they shall speak on behalf of and in accordance with instructions from their administrations and shall continue to
be bound by their duty of professional secrecy.

3.
The Member States’ authorities shall be obliged to provide the Ombudsman, whenever he may so request, via
the Permanent Representations of the Member States to the European Communities, with any information that
may help to clarify instances of maladministration by Community institutions or bodies unless such information is
covered by laws or regulations on secrecy or by provisions preventing its being communicated. Nonetheless, in the
latter case, the Member State concerned may allow the Ombudsman to have this information provided that he
undertakes not to divulge it.

If

4.
Parliament, which shall make appropriate representations.

the assistance which he requests is not

forthcoming,

the Ombudsman shall

inform the European

As far as possible, the Ombudsman shall seek a solution with the institution or body concerned to eliminate

5.
the instance of maladministration and satisfy the complaint.

If the Ombudsman finds there has been maladministration, he shall inform the institution or body concerned,
6.
where appropriate making draft recommendations. The institution or body so informed shall send the Ombudsman
a detailed opinion within three months.

The Ombudsman shall then send a report to the European Parliament and to the institution or body
7.
concerned. He may make recommendations in his report. The person lodging the complaint shall be informed by
the Ombudsman of the outcome of the inquiries, of the opinion expressed by the institution or body concerned
and of any recommendations made by the Ombudsman.

At the end of each annual session the Ombudsman shall submit to the European Parliament a report on the

8.
outcome of his inquiries.

Article 4

1.
The Ombudsman and his staff, to whom Article 287 of the Treaty establishing the European Community,
Article 47(2) of the Treaty establishing the European Coal and Steel Community and Article 194 of the Treaty
establishing the European Atomic Energy Community shall apply, shall be required not to divulge information or
documents which they obtain in the course of their inquiries. They shall also be required to treat in confidence any
information which could harm the person lodging the complaint or any other person involved, without prejudice
to paragraph 2.

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If,

in the course of

inquiries, he learns of

2.
law, the
Ombudsman shall immediately notify the competent national authorities via the Permanent Representations of the
Member States to the European Communities and, if appropriate, the Community institution with authority over
the official or servant concerned, which may apply the second paragraph of Article 18 of the Protocol on the
Privileges and Immunities of the European Communities. The Ombudsman may also inform the Community
institution or body concerned of the facts calling into question the conduct of a member of their staff from a
disciplinary point of view.

facts which he considers might relate to criminal

Article 5

Insofar as it may help to make his enquiries more efficient and better safeguard the rights and interests of persons
who make complaints to him, the Ombudsman may cooperate with authorities of the same type in certain
Member States provided he complies with the national law applicable. The Ombudsman may not by this means
demand to see documents to which he would not have access under Article 3.

Article 6

The Ombudsman shall be appointed by the European Parliament after each election to the European

1.
Parliament for the duration of its mandate. He shall be eligible for reappointment.

2.
The Ombudsman shall be chosen from among persons who are Union citizens, have full civil and political
rights, offer every guarantee of independence, and meet the conditions required for the exercise of the highest
judicial office in their country or have the acknowledged competence and experience to undertake the duties of
Ombudsman.

Article 7

The Ombudsman shall cease to exercise his duties either at the end of his term of office or on his resignation

1.
or dismissal.

Save in the event of his dismissal, the Ombudsman shall remain in office until his successor has been

2.
appointed.

In the event of early cessation of duties, a successor shall be appointed within three months of the office’s

3.
falling vacant for the remainder of the parliamentary term.

Article 8

An Ombudsman who no longer fulfils the conditions required for the performance of his duties or is guilty of
serious misconduct may be dismissed by the Court of Justice of the European Communities at the request of the
European Parliament.

Article 9

The Ombudsman shall perform his duties with complete independence,

1.
the
Communities and of the citizens of the Union. In the performance of his duties he shall neither seek nor accept
instructions from any government or other body. He shall refrain from any act incompatible with the nature of his
duties.

in the general

interest of

2. When taking up his duties, the Ombudsman shall give a solemn undertaking before the Court of Justice of
the European Communities that he will perform his duties with complete independence and impartiality and that
during and after his term of office he will respect the obligations arising therefrom, in particular his duty to behave
with integrity and discretion as regards the acceptance, after he has ceased to hold office, of certain appointments
or benefits.

Article 10

During his term of office, the Ombudsman may not engage in any political or administrative duties, or any

1.
other occupation, whether gainful or not.

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The Ombudsman shall have the same rank in terms of remuneration, allowances and pension as a judge at

2.
the Court of Justice of the European Communities.

Articles 12 to 15 and Article 18 of

3.
Communities shall apply to the Ombudsman and to the officials and servants of his secretariat.

the Protocol on the Privileges and Immunities of

the European

Article 11

1.

The Ombudsman shall be assisted by a secretariat, the principal officer of which he shall appoint.

2.
The officials and servants of the Ombudsman’s secretariat shall be subject to the rules and regulations
applicable to officials and other servants of the European Communities. Their number shall be adopted each year
as part of the budgetary procedure.

3.
Officials of the European Communities and of the Member States appointed to the Ombudsman’s secretariat
shall be seconded in the interests of the service and guaranteed automatic reinstatement in their institution of
origin.

In matters concerning his staff, the Ombudsman shall have the same status as the institutions within the

4.
meaning of Article 1 of the Staff Regulations of Officials of the European Communities.

Deleted

Article 12

Article 13

The seat of the Ombudsman shall be that of the European Parliament.

Article 14

The Ombudsman shall adopt the implementing provisions for this Decision.

Article 15

The first Ombudsman to be appointed after the entry into force of the EU Treaty shall be appointed for the
remainder of the parliamentary term.

Deleted

Article 16

Article 17

This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the
date of its publication.

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B. Decision of the European Ombudsman adopting implementing provisions (2)

Article 1

Definitions

In these implementing provisions,

(a)

(cid:145)institution concerned(cid:146) means the Community institution or body which is the object of a complaint or an own
initiative inquiry;

(b)

(cid:145)the Statute(cid:146) means the regulations and general conditions governing the performance of the Ombudsman’s
duties.

Article 2

Receipt of complaints

2.1.

Complaints are identified, registered and numbered upon receipt.

An acknowledgement of receipt

2.2.
complaint and identifying the legal officer who is dealing with the case.

is sent

to the complainant, quoting the registration number of

the

A petition transferred to the Ombudsman by the European Parliament with the consent of the petitioner is

2.3.
treated as a complaint.

In appropriate cases and with the consent of the complainant, the Ombudsman may transfer a complaint to

2.4.
the European Parliament to be dealt with as a petition.

In appropriate cases and with the consent of the complainant, the Ombudsman may transfer a complaint to

2.5.
another competent authority.

Article 3

Admissibility of complaints

3.1.
On the basis of the criteria laid down in the Treaty and the Statute, the Ombudsman determines whether a
complaint is within his mandate and if so, whether it is admissible; he may request the complainant to provide
further information or documents before making the determination.

3.2.
If a complaint is outside the mandate, or inadmissible, the Ombudsman closes the file on the complaint. He
informs the complainant of his decision and of the reasons for it. The Ombudsman may advise the complainant to
apply to another authority.

Article 4

Inquiries into admissible complaints

The Ombudsman decides whether there are sufficient grounds to justify making inquiries into an admissible

4.1.
complaint.

If he does not find sufficient grounds to justify making inquiries, the Ombudsman closes the file on the

4.2.
complaint and informs the complainant accordingly.

4.3.
If the Ombudsman finds sufficient grounds to justify making inquiries, he informs the complainant and the
institution concerned. He transmits a copy of the complaint to the institution concerned and invites it to submit an
opinion within a specified time that is normally no more than three months. The invitation to the institution
concerned may specify particular aspects of the complaint, or specific issues, to which the opinion should be
addressed.

(2) Adopted on 8 July 2002.

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4.4.
The Ombudsman sends the opinion of the institution concerned to the complainant. The complainant has
the opportunity to submit observations to the Ombudsman, within a specified time that is normally no more than
one month.

4.5.
After considering the opinion and any observations made by the complainant, the Ombudsman may either
decide to close the case with a reasoned decision or to continue his inquiries. He informs the complainant and the
institution concerned.

Article 5

Powers of investigation

Subject to the conditions laid down in the Statute, the Ombudsman may require Community institutions
5.1.
and bodies and the authorities of Member States to supply, within a reasonable time, information or documents for
the purposes of an inquiry.

The Ombudsman may inspect the file of the Community institution concerned in order to verify the
5.2.
accuracy and completeness of its replies. The Ombudsman may take copies of the whole file or of specific
documents contained in the file. The Ombudsman informs the complainant that an inspection has taken place.

The Ombudsman may require officials or other servants of Community institutions or bodies to give

5.3.
evidence under the conditions laid down in the Statute.

The Ombudsman may request Community institutions and bodies to make arrangements for him to pursue

5.4.
his inquiries on the spot.

The Ombudsman may commission such studies or expert reports, as he considers necessary to the success

5.5.
of an inquiry.

Article 6

Friendly solutions

If the Ombudsman finds maladministration, as far as possible he co-operates with the institution concerned

6.1.
in seeking a friendly solution to eliminate it and to satisfy the complainant.

If the Ombudsman considers that such cooperation has been successful, he closes the case with a reasoned

6.2.
decision. He informs the complainant and the institution concerned of the decision.

6.3.
If the Ombudsman considers that a friendly solution is not possible, or that the search for a friendly
solution has been unsuccessful, he either closes the case with a reasoned decision that may include a critical
remark or makes a report with draft recommendations.

Article 7

Critical remarks

7.1.

The Ombudsman makes a critical remark if he considers:

(a)

that it is no longer possible for the institution concerned to eliminate the instance of maladministration, and

(b)

that the instance of maladministration has no general implications.

7.2. When the Ombudsman closes the case with a critical remark, he informs the complainant.

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Article 8

Reports and recommendations

The Ombudsman makes a report with draft recommendations to the institution concerned if he considers

8.1.
either:

(a)

that it is possible for the institution concerned to eliminate the instance of maladministration, or

(b)

that the instance of maladministration has general implications.

The Ombudsman sends a copy of his report and draft recommendations to the institution concerned and to

8.2.
the complainant.

8.3.
The institution concerned sends the Ombudsman a detailed opinion within three months. The detailed
opinion could consist of acceptance of the Ombudsman’s decision and a description of the measures taken to
implement the draft recommendations.

8.4.
If the Ombudsman does not consider that the detailed opinion is satisfactory he may draw up a special
report to the European Parliament in relation to the instance of maladministration. The report may contain
to the institution concerned and to the
recommendations. The Ombudsman sends a copy of
complainant.

the report

Article 9

Own-initiative inquiries

9.1.

The Ombudsman may decide to undertake inquiries on his own initiative.

The Ombudsman’s powers of investigation when conducting own initiative inquiries are the same as in

9.2.
inquiries instituted following a complaint.

The procedures followed in inquiries instituted following a complaint also apply, by analogy, to own

9.3.
initiative inquiries.

Article 10

Points of procedure

If the complainant so requests, the Ombudsman classifies a complaint as confidential. If he considers that
10.1.
it is necessary to protect the interests of the complainant or of a third party, the Ombudsman may classify a
complaint as confidential on his own initiative.

10.2.
with as a matter of priority.

If he considers it appropriate to do so, the Ombudsman may take steps to ensure that a complaint is dealt

10.3.
the case. The outcome of any inquiries he has carried out up to that point is filed without further action.

If legal proceedings are instituted in relation to matters under investigation by the Ombudsman, he closes

10.4.
The Ombudsman informs the relevant national authorities and if appropriate, a Community institution or
body of such criminal law matters as may come to his notice in the course of an inquiry. The Ombudsman may
also inform a Community institution or body of facts which, in his view, could justify disciplinary proceedings.

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Article 11

Reports to the European Parliament

11.1.
including the outcome of his inquiries.

The Ombudsman submits an annual report to the European Parliament on his activities as a whole,

11.2.
As well as special reports made under Article 8.4. above, the Ombudsman may make such other special
reports to the European Parliament as he thinks appropriate to fulfil his responsibilities under the Treaties and the
Statute.

11.3.
appropriate to fulfil his responsibilities under the Treaties and the Statute.

The annual and special reports of the Ombudsman may contain such recommendations as he thinks

Article 12

Cooperation with ombudsmen and similar bodies in Member States

The Ombudsman may work in conjunction with ombudsmen and similar bodies in the Member States with a view
to enhancing the effectiveness both of his own inquiries and of those carried out by ombudsmen and similar
bodies in the Member States and of making more effective provision for safeguarding rights and interests under
European Union and European Community law.

Article 13

The complainant’s right to see the file

13.1.
13.3 below.

The complainant shall be entitled to see the Ombudsman’s file on his or her complaint, subject to Article

13.2.
Ombudsman to supply a copy of the whole file, or of specific documents in the file.

The complainant may exercise the right

to see the file on the spot. He or she may request

the

13.3. Where the Ombudsman inspects the file of the institution concerned or takes evidence from a witness in
accordance with Article 5.2 and 5.3 above, the complainant shall not have access to any confidential documents or
confidential information obtained as a result of the inspection or hearing.

Article 14

Public access to documents held by the Ombudsman

14.1.
The public shall have access to unpublished documents held by the Ombudsman, subject to the same
conditions and limits as those laid down by Regulation (EC) No 1049/2001 (3) for public access to European
Parliament, Council and Commission documents and to Article 14.2 below.

14.2. Where the Ombudsman inspects the file of the institution concerned or takes evidence from a witness in
accordance with Article 5.2 and 5.3 above, the public shall not have access to any confidential documents or
confidential information obtained as a result of the inspection or hearing.

14.3.
precise manner to enable the document to be identified.

Applications for access to documents shall be made in writing (letter, fax or e-mail) and in a sufficiently

14.4.
complaints that are classified as confidential in accordance with Article 10.1 above:

Applications for access to the following documents shall be granted automatically, except in relation to

(a)

the general register of complaints;

(b) complaints and documents annexed thereto by the complainant;

(3) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European

Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

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(c) opinions and detailed opinions from institutions concerned and any observations thereon made by the

complainant;

(d)

the Ombudsman’s decisions closing cases;

(e)

reports and draft recommendations made under Article 8 above.

14.5.
the supply of copies. The method of calculation of any charge is explained.

Access is given on the spot or by providing a copy. The Ombudsman may impose reasonable charges for

14.6.
for public access to other documents are made within 15 working days from receipt.

Access to the documents mentioned in Article 14.4 above is provided promptly. Decisions on applications

14.7.

If an application for access to a document is refused in whole or in part reasons are given for the refusal.

Article 15

Languages

15.1.
Ombudsman is not required to deal with complaints submitted in other languages.

A complaint may be submitted to the Ombudsman in any of

the twelve Treaty languages. The

15.2.
case of a complaint, the language in which it is written.

The language of proceedings conducted by the Ombudsman is one of the twelve Treaty languages; in the

15.3.

The Ombudsman determines which documents are to be drawn up in the language of the proceedings.

15.4.
concerned.

Correspondence with the authorities of Member States is conducted in the official language of the state

15.5.
are produced in all official languages.

The annual report, special reports and, where possible, other documents published by the Ombudsman

Article 16

Publication of reports

16.1.
The European Ombudsman shall publish in the Official Journal announcements concerning the adoption
of annual and special reports, making public the means for all interested to have access to the full text of the
documents.

16.2.
published in a form that does not allow the complainant to be identified.

Any reports or summaries of

the Ombudsman’s decisions concerning confidential complaints are

Article 17

Entry into force

17.1.

The implementing provisions adopted on 16 October 1997 are repealed.

17.2.

This decision shall come into effect on 1 January 2003.

17.3.
announcement shall also be published in the Official Journal.

The President of

the European Parliament shall be informed of

the adoption of

this decision. An

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ANNEX XI

PREVENTION OF FRAUD, CORRUPTION AND ANY ILLEGAL ACTIVITY DETRIMENTAL TO THE
COMMUNITIES’ INTERESTS

European Parliament Decision concerning the terms and conditions for internal investigations in relation to
the prevention of fraud, corruption and any illegal activity detrimental to the Communities’ interests (1)

THE EUROPEAN PARLIAMENT

having regard to the Treaty establishing the European Community, and in particular Article 199 thereof,

having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 25 thereof,

having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 112
thereof,

having regard to its Rules of Procedure, and in particular Rule 186(c) thereof,

Whereas:

Regulation (EC) No 1073/1999 of the European Parliament and of the Council (2) and Council Regulation (Euratom)
No 1074/1999 (3) concerning investigations conducted by the European Anti-Fraud Office provide that the Office is to
initiate and conduct administrative investigations within the institutions, bodies and offices and agencies established by
or on the basis of the EC Treaty or the Euratom Treaty;

The responsibility of the European Anti-Fraud Office as established by the Commission extends beyond the protection
of financial interests to include all activities relating to the need to safeguard Community interests against irregular
conduct liable to give rise to administrative or criminal proceedings;

The scope of the fight against fraud should be broadened and its effectiveness enhanced by exploiting existing expertise
in the area of administrative investigations;

Therefore, on the basis of their administrative autonomy, all the institutions, bodies and offices and agencies should
entrust to the Office the task of conducting internal administrative investigations with a view to bringing to light
serious situations relating to the discharge of professional duties which may constitute a failure to comply with the
obligations of officials and servants of the Communities, as referred to in Articles 11, 12, second and third paragraphs,
13, 14, 16 and 17, first paragraph, of the Staff Regulations of Officials and the Conditions of Employment of Other
Servants of the European Communities (hereinafter referred to as (cid:145)the Staff Regulations(cid:146)), detrimental to the interests of
those Communities and liable to result in disciplinary or,
in appropriate cases, criminal proceedings, or serious
misconduct, as referred to in Article 22 of the Staff Regulations, or a failure to comply with the analogous obligations
of the Members or staff of the European Parliament not subject to the Staff Regulations;

Such investigations should be conducted in full compliance with the relevant provisions of the Treaties establishing the
European Communities, in particular the Protocol on privileges and immunities, of the texts implementing them and
the Staff Regulations;

Such investigations should be carried out under equivalent conditions in all the Community institutions, bodies and
offices and agencies; assignment of this task to the Office should not affect the responsibilities of the institutions,
bodies, offices or agencies themselves and should in no way reduce the legal protection of the persons concerned;

(1) Adopted on 18 November 1999.
(2) OJ L 136, 31.5.1999, p. 1.
(3) OJ L 136, 31.5.1999, p. 8.

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Pending the amendment of the Staff Regulations, practical arrangements should be laid down stipulating how the
members of the institutions and bodies, the managers of the offices and agencies and the officials and servants of the
institutions, bodies and offices and agencies are to cooperate in the smooth operation of the internal investigations,

HAS DECIDED AS FOLLOWS:

Article 1

Duty to cooperate with the Office

The Secretary-General, the services and any official or servant of the European Parliament shall be required to cooperate
fully with the Office’s agents and to lend any assistance required to the investigation. With that aim in view, they shall
supply the Office’s agents with all useful information and explanations.

Without prejudice to the relevant provisions of the Treaties establishing the European Communities, in particular the
Protocol on privileges and immunities, and of the texts implementing them, Members shall cooperate fully with the
Office.

Article 2

Duty to supply information

Any official or servant of the European Parliament who becomes aware of evidence which gives rise to a presumption
of the existence of possible cases of fraud, corruption or any other illegal activity detrimental to the interests of the
Communities, or of serious situations relating to the discharge of professional duties which may constitute a failure to
comply with the obligations of officials or servants of the Communities or staff not subject to the Staff Regulations
liable to result in disciplinary or, in appropriate cases, criminal proceedings, shall inform without delay his Head of
Service or Director-General or, if he considers it useful, his Secretary-General or the Office direct, in the case of an
official, servant or staff member not subject to the Staff Regulations, or, in the case of failure to comply with the
analogous obligations of Members, the President of the European Parliament.

The President, the Secretary-General, the Directors-General and the Heads of Service of the European Parliament shall
transmit without delay to the Office any evidence of which they are aware from which the existence of irregularities as
referred to in the first paragraph may be presumed.

Officials or servants of the European Parliament must in no way suffer inequitable or discriminatory treatment as a
result of having communicated the information referred to in the first and second paragraphs.

Members who acquire knowledge of facts as referred to in the first paragraph shall inform the President of Parliament
or, if they consider it useful, the Office direct.

This article applies without prejudice to confidentiality requirements laid down in law or the European Parliament’s
Rules of Procedure.

Article 3

Assistance from the security office

At the request of the Director of the Office, the European Parliament’s security office shall assist the Office in the
practical conduct of investigations.

Article 4

Immunity and right to refuse to testify

Rules governing Members’ parliamentary immunity and the right to refuse to testify shall remain unchanged.

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Article 5

Informing the interested party

Where the possible implication of a Member, official or servant emerges, the interested party shall be informed rapidly
as long as this would not be harmful to the investigation. In any event, conclusions referring by name to a Member,
official or servant of the European Parliament may not be drawn once the investigation has been completed without
the interested party’s having been enabled to express his views on all the facts which concern him.

In cases necessitating the maintenance of absolute secrecy for the purposes of the investigation and requiring the use of
investigative procedures falling within the remit of a national
judicial authority, compliance with the obligation to
invite the Member, official or servant of the European Parliament to give his views may be deferred in agreement
respectively with the President, in the case of a Member, or the Secretary-General, in the case of an official or servant.

Information on the closing of the investigation with no further action taken

Article 6

If, following an internal investigation, no case can be made out against a Member, official or servant of the European
Parliament against whom allegations have been made, the internal investigation concerning him shall be closed, with
no further action taken, by decision of the Director of the Office, who shall inform the interested party in writing.

Article 7

Waiver of immunity

Any request from a national police or judicial authority regarding the waiver of the immunity from judicial proceedings
of an official or servant of the European Parliament concerning possible cases of fraud, corruption or any other illegal
activity shall be transmitted to the Director of the Office for his opinion. If a request for waiver of immunity concerns
a Member of the European Parliament, the Office shall be informed.

This Decision shall take effect on the date of its adoption by the European Parliament.

Article 8

Effective date

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ANNEX XII

EXERCISE OF IMPLEMENTING POWERS CONFERRED ON THE COMMISSION

A. Extract from the European Parliament resolution (1) on the agreement between the European Parliament
and the Commission on procedures for implementing Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of implementing powers conferred on the Commission (2)

THE EUROPEAN PARLIAMENT,

whereas Article 8 of the Council Decision of 28 June 1999 confers on Parliament a power of intervention if it
considers that implementing powers will be exceeded and whereas in such cases the Commission is required to
re-examine the draft
the
Commission must furthermore provide information on the action it intends to take on the resolution and the
reasons for doing so,

taking account of Parliament’s

resolution, and whereas

implementing measure,

whereas Article 7(3) of
to be fully informed about agendas, draft
implementing measures arising from legislative acts adopted under codecision which have been submitted to
committees, the results of voting, provisional summary records of meetings, lists of participants in committees and
drafts of implementing measures forwarded to the Council,

the Decision provides for Parliament

whereas the new decision on the committee procedure only partly meets the expectations of Parliament, but
nonetheless constitutes a real step forward in comparison with the previous situation,

whereas Parliament and the Commission have decided to agree on the procedures for implementing the Council
Decision and whereas this agreement with the Commission particularly concerns the implementation of Article
7(3) on the provision of information to Parliament and Article 8 on its right of intervention,

1. Accepts the agreement annexed to this resolution;

2. Considers that all the (cid:145)committees(cid:146) which existed before the Decision of 28 June 1999 should be modified in
accordance with the new procedures and thus endorses Declaration No 2 by the Council and the Commission (3)
on the Decision;

3.
States that this agreement is without prejudice to its right to adopt any resolution on any subject, notably
when it objects to the contents of a draft implementing measure; this agreement is also without prejudice to its
right to object to implementing measures referred to the Council following an unsuccessful committee procedure
(pursuant to Rule 88 of Parliament’s Rules of Procedure);

4. Considers that this agreement between itself and the Commission supersedes the previous agreements (the
Plumb/Delors agreement of 1988, the Samland/Williamson agreement of 1996 and the modus vivendi of 1994 (4)
and renders them null and void.

B. Agreement between the European Parliament and the Commission on procedures for implementing
Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission

Pursuant to Article 7(3) of Decision 1999/468/EC (5), the European Parliament is to be informed by the
1.
Commission on a regular basis of the proceedings of the committees involved in committee procedures. To that
end, it is to receive, at the same time as the members of the committees and on the same terms, the draft agendas
for committee meetings, the draft implementing measures submitted to the committees under basic instruments
adopted by the procedure provided for by Article 251 of the Treaty, and the results of voting and summary
records of the meetings and lists of the authorities to which the persons designated by the Member States to
represent them belong.

(1) Adopted on 17 February 2000.
(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ C 203, 17.7.1999, p. 1.
(4) OJ C 102, 4.4.1996, p. 1.
(5) OJ L 184, 17.7.1999, p. 23.

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2.
Furthermore, the Commission agrees to forward to the European Parliament, for information, at the request of
the parliamentary committee responsible, specific draft measures for implementing basic instruments which,
although not adopted under the codecision procedure, are of particular importance to the European Parliament.
Pursuant to the judgment of the Court of First Instance of the European Communities of 19 July 1999 (Case
T-188/97, Rothmans v Commission) (6), the European Parliament may request access to minutes of committee
meetings.

3. The European Parliament and the Commission consider the following agreements superseded and thus of no
effect insofar as they themselves are concerned: the 1988 Plumb/Delors agreement, the 1996 Samland/Williamson
agreement and the 1994 modus vivendi (7).

4. Once the appropriate technical arrangements have been made, the documents referred to in Article 7(3) of
Decision 1999/468/EC will be forwarded electronically. Confidential documents will be processed in accordance
with internal administrative procedures drawn up by each institution with a view to providing all the requisite
guarantees.

Pursuant to Article 8 of Decision 1999/468/EC, the European Parliament may indicate, in a resolution setting
5.
out the grounds on which it is based, that draft measures for implementing a basic instrument adopted by the
procedure provided for by Article 251 of the Treaty exceed the implementing powers provided for in that basic
instrument.

6. The European Parliament is to adopt such resolutions in plenary; it is to have a period of one month in which
to do so, beginning on the date of receipt of the final draft of the implementing measures in the language versions
submitted to the Commission.

7.
In urgent cases, and in the case of measures relating to day-to-day administrative matters and/or having a
limited period of validity, the time-limit will be shorter. That time-limit may be very short in extremely urgent
cases, and in particular on public health grounds. The Member of the Commission responsible is to set the
appropriate time-limit and to state the reason for that time-limit. The European Parliament may then use a
procedure whereby application of Article 8 of Decision 1999/468/EC, within the relevant time-limit, may be
delegated to the parliamentary committee responsible.

8.
Following adoption by the European Parliament of a resolution setting out the grounds on which it is based,
the Member of the Commission responsible is to inform the European Parliament or, where appropriate, the
parliamentary committee responsible, of the action the Commission intends to take thereon.

9. The European Parliament supports the aim and the procedures set out in Declaration No 2 of the Council and
the Commission (8). That declaration is aimed at simplifying Community implementing arrangements by bringing
the committee procedures currently in force into line with those contained in Decision 1999/468/EC.

(6) [1999] ECR II-2463.
(7) OJ C 102, 4.4.1996, p. 1.
(8) OJ C 203, 17.7.1999, p. 1.

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ANNEX XIII

FRAMEWORK AGREEMENT ON RELATIONS BETWEEN THE EUROPEAN PARLIAMENT AND THE
COMMISSION (1)

THE EUROPEAN PARLIAMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,

having regard to the Treaty on European Union,

having regard to the statements made to the European Parliament by the President of the Commission since May 1999,

having regard to the written and oral statements made by each of the candidate Commissioners in the course of their
hearings by the European Parliament’s committees, and the assessments of these candidates as presented by the
committees’ chairpersons following the hearings,

having regard to the statement made by the candidate for President of the Commission before the Conference of
Presidents on 7 September 1999,

having regard to the programme of the nominee Commission submitted on 14 September 1999 by the candidate for
President of the Commission,

having regard to the European Parliament decision of 15 September 1999 (2) approving the appointment of Mr Prodi
as President of the Commission and the appointment of the Commission for the remainder of the term of office
expiring on 22 January 2000 and for the term of office running from 23 January 2000 to 22 January 2005,

having regard to Article 214 of the EC Treaty,

having regard to the Rules of Procedure of the European Parliament, and in particular Rules 32 and 33,

whereas the Treaty on European Union seeks in particular to strengthen the democratic legitimacy of the Union’s
decision-making process,

whereas the European Parliament’s approval of the Commission exemplifies the relationship of trust which should bind
the two institutions throughout the parliamentary term,

whereas this framework agreement does not affect the powers and prerogatives of the European Parliament or of the
Commission but seeks to ensure that they are exercised as effectively as possible within the single institutional
framework based on Article 3 of the Treaty on European Union,

AGREE AS FOLLOWS:

General principles

1.
In order to update the code of conduct adopted in 1990 and amended in 1995, the two institutions agree on the
following measures to strengthen the responsibility and legitimacy of the Commission, to extend constructive dialogue
and political cooperation, to improve the flow of information and to consult and inform the European Parliament on
Commission administrative reforms. They also agree on a number of specific implementing measures (i) on the
legislative process,
(ii) on international agreements and enlargement, and (iii) on the transmission of confidential
Commission documents and information. Those implementing measures are annexed to this framework agreement.

(1) Approved by the Conference of Presidents on 29 June 2000.
(2) OJ C 54, 25.2.2000, p. 51.

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Extending constructive dialogue and political cooperation

2. The President or a Vice-President of the Commission undertakes to report to the Conference of Presidents every six
months, outlining the political implementation of the work programme for the year in question and any updating
rendered necessary by topical and important political events.

3. The Commission shall continue to report regularly to the European Parliament on action taken in response to
requests by the European Parliament. Such information shall be provided at least every three months.

4. The Commission shall take account of any requests made pursuant to Article 192 of the EC Treaty by the
European Parliament to the Commission to submit legislative proposals, and undertakes to provide a prompt and
sufficiently detailed reply to any such request within the relevant parliamentary committee and,
if necessary, at a
plenary sitting of the European Parliament.

5. The Commission, when giving its opinion on the European Parliament’s legislative amendments to the Council
under Article 251 of the EC Treaty, undertakes to take the utmost account of amendments adopted at second reading;
should it decide, on important grounds and following examination by the College, not to adopt or support such
amendments,
it shall explain its decision before the European Parliament, or in the next meeting of the relevant
parliamentary committee.

6. The Commission shall ensure, within its abilities, that the European Parliament is kept informed and is fully
associated with the preparation and conduct of Intergovernmental Conferences.

7. An incoming Commission shall present, as soon as possible, its political programme, containing all its proposed
guidelines for its term of office, and shall establish a dialogue with the European Parliament.

8. The Commission shall submit reports at regular intervals to the European Parliament on the implementation of the
Budget; the European Parliament undertakes to scrutinise those reports at the level of its relevant committees.

Political responsibility

9. Without prejudice to the principle of Commission collegiality, each Member of the Commission shall take political
responsibility for action in the field of which he or she is in charge.

10. The Commission accepts that, where the European Parliament expresses lack of confidence in a Member of the
Commission (subject to political support for such a view, in terms both of substance and of form), the President of the
Commission will consider seriously whether he should request that Member to resign.

11. The President of the Commission shall immediately notify the European Parliament of any decision concerning
the allocation of responsibilities to any of the Members of the Commission. In the case of substantial changes affecting
an individual Commissioner (such as the assignment of an entirely new portfolio or an important set of new
responsibilities), he or she shall appear before the relevant parliamentary committee at its request.

Flow of information

12. The Commission shall keep the European Parliament fully and promptly informed about its proposals and
initiatives in the legislative and budgetary fields, as well as, within its abilities, those in the areas of the Common
Foreign and Security Policy and of Freedom, Security and Justice.

In all fields where the European Parliament acts in a legislative capacity, or as a branch of the budgetary authority, it
shall be informed, on a par with the Council, at every stage of the legislative and budgetary process.

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13. The Commission shall not make public any legislative initiative or significant
initiative or decision before
notifying the European Parliament thereof in writing, and for politically important topics shall, in agreement with the
European Parliament, offer to inform the European Parliament:

(cid:151) either at a plenary sitting, if the European Parliament is in session;

(cid:151) or before the Conference of Presidents, which shall be open to all Members of the European Parliament on that

occasion;

(cid:151) or by informing in an appropriate manner the chairpersons of the relevant parliamentary committees, who may

convene a meeting of the committee concerned.

Specific provisions will be laid down in Annex 3 concerning confidential information.

Each Commissioner shall make sure that

14.
Commissioner and the chairperson of the parliamentary committee concerned.

there is a regular and direct

flow of

information between the

15. The Commission shall, within its abilities, ensure that the European Parliament is kept quickly and fully informed
at all stages of the preparation, negotiation and conclusion of international agreements, in such a way as to enable the
Commission to take account of the European Parliament’s views in accordance with the provisions of Annex 2.

16. The Commission, in carrying out its responsibilities under the Treaty in relation to the common foreign and
security policy and to police and judicial cooperation in criminal matters, shall
take measures to improve the
involvement of the European Parliament in those areas, in such a way as to enable the Commission to take account of
the European Parliament’s views as far as possible.

17.
In connection with the annual discharge governed by Article 276 of the EC Treaty, the European Parliament and
the Commission agree that the Commission shall forward all information necessary for supervising the implementation
of the budget for the year in question, which the chairperson of the parliamentary committee responsible for the
discharge procedure pursuant to Annex VI of the Rules of Procedure of the European Parliament requests from it for
that purpose.

If new aspects come to light concerning previous years for which discharge has already been given, the Commission
shall forward all the necessary information on the matter with a view to arriving at a solution which is acceptable to
both sides.

If an internal Commission document (cid:151) of which the European Parliament has not been informed pursuant to
18.
Point 13 of
the European
Parliament may request that the document concerned be forwarded to the European Parliament without delay in order
to communicate it to any Members of the European Parliament who may request it.

this Framework Agreement (cid:151) is circulated outside the institutions,

the President of

Parliamentary proceedings

19. The Commission shall ensure, as a general rule, that the Commissioner responsible is present whenever this is
requested by the European Parliament at plenary sittings for agenda items falling under his or her responsibility.

20. With a view to ensuring the presence of Commissioners, the European Parliament undertakes to do its best to
maintain its final draft agendas.

21. Where the European Parliament amends its draft agenda subsequently to the meeting of the Conference of
Presidents that decides the final draft agenda of a part-session, or where it moves items within the agenda within a
part-session, the Commission shall use its best endeavours to ensure the presence of the Commissioner responsible.

22. The Commission may propose the inclusion of items on the agenda not later than the meeting of the Conference
of Presidents that decides the final draft agenda of a part-session. The European Parliament shall take the fullest account
of such proposals.

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23. Requests from Commissioners to make a statement at a plenary sitting, pursuant to Rule 37 of the European
Parliament’s Rules of Procedure, shall be included, where possible, on the agenda of the forthcoming part-session.

24. As a general rule, the Commissioner responsible for an item under consideration in a parliamentary committee
shall be present at the relevant committee meeting, when invited.

Any Member of the Commission shall be heard at his or her request.

Where the presence of a Member of the Commission is not explicitly required at a parliamentary committee meeting,
the Commission shall ensure that it is represented by a competent official at a senior level.

Administrative reforms

25. The Commission shall establish the appropriate mechanisms to inform the European Parliament, and to hold a
constructive dialogue with it, on a regular basis, on the ongoing administrative reform of the Commission.

26. Any code of conduct
implementation shall be examined regularly.

for Commissioners

shall be sent

immediately to the European Parliament.

Its

Final provisions

27. The European Parliament and the Commission undertake to reinforce their cooperation in the field of information
and communication. They may coordinate their respective activities within the framework of the Interinstitutional
In this context they may draw up joint actions aimed at
Working Group on Information and Communication.
increasing citizens’ awareness, and shall ensure proper coordination of their information activities while respecting the
autonomy and distinctive role of each institution.

28. A periodic assessment of the application of this framework agreement shall be carried out by the two institutions.

29. All specific measures are set out in the Annexes.

ANNEX 1

SPECIFIC AGREEMENT ON THE LEGISLATIVE PROCESS

In implementation of the above framework agreement, and building on the experience of the 1990 and 1995 (3)
1.
codes of conduct between the Commission and the European Parliament, the two institutions agree on the following
specific provisions as regards the handling of the legislative process.

Legislative planning and the annual legislative programme

2.
In drawing up its annual legislative programme, the Commission shall take the utmost account of the guidelines
suggested by the European Parliament. The Commission shall present its programme in sufficient time to permit a wide
public debate on its contents. It shall provide sufficient detail as to what is envisaged precisely under each point in the
in order for the European Parliament to take this into account in its own legislative planning. The
programme,
Commission shall as soon as possible inform the inter-institutional coordination working group whenever delays are
encountered as regards the presentation of any specific proposal or document in the adopted programme, without
prejudice to the Commission’s competences.

(3) OJ C 89, 10.4.1995, p. 68.

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Choice of legal basis

3. The Commission undertakes to inform the European Parliament, at the same time as the Council, of any proposal
amending legal bases in the course of decision-making procedures.

4. The Commission shall take the utmost account of all changes to the legal bases of its proposals contained in the
European Parliament’s amendments. The Commission undertakes to set out in detail the reasons for its position.

General legislative procedures

5. The Commission and the European Parliament shall ensure full
implementation of the Joint Declaration on
practical arrangements for the new codecision procedure (Article 251 of the EC Treaty) signed by the European
Parliament, Council and Commission on 5 May 1999 (4).

6. The Commission shall keep the relevant parliamentary committee regularly informed of the principal positions
emerging from discussions within Council bodies, particularly where they depart from the original proposal, and shall
also forward any Commission amendments to the original proposal on the basis of which the Council would continue
its discussions. The Commission shall inform the European Parliament as soon as possible if it adopts a favourable
opinion on amendments by the Council to its proposals.

7.

For legislative procedures not entailing codecision:

(i) The Commission shall ensure that the Council bodies are reminded in good time not to reach a political agreement
on its proposals before the European Parliament has given its opinion. It shall ask for discussion to be concluded at
ministerial level after a reasonable period has been given to the members of the Council to examine the European
Parliament’s opinion.

(ii) The Commission shall ensure that the Council adheres to the rules developed by the Court of Justice requiring the
the Council substantially amends a Commission proposal. The

European Parliament
Commission shall inform the European Parliament of any reminder to the Council of the need for re-consultation.

to be re-consulted if

(iii) The Commission undertakes, if appropriate, to withdraw a legislative proposal that the European Parliament has
rejected. If, for important reasons and after consideration by the College, the Commission decides to maintain its
proposal, it shall explain the reasons for that decision in a statement before the European Parliament.

(iv) In order to improve legislative planning, the European Parliament undertakes:

(cid:151) as far as possible to appoint rapporteurs on future proposals as soon as the legislative programme is adopted;

(cid:151) to consider requests for reconsultation as a matter of absolute priority provided that all

the necessary

information has been forwarded to it;

(cid:151) to take account of the priorities considered by the Commission and Council in planning its activities;

(cid:151) to plan the legislative sections of its agendas, bringing them into line with the current legislative programme

and with the resolutions it has adopted on that programme;

(cid:151) to meet reasonable deadlines, in so far as is useful for the procedure, when delivering its opinion at first
reading under the cooperation and codecision procedures or its opinions under the consultation procedure.

(4) OJ C 279, 1.10.1999, p. 230.

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8. When an act has been annulled by the Court but continues to produce legal effects, the Commission undertakes to
present a modified proposal for a legislative act implementing the judgment of the Court.

The Commission shall inform the European Parliament in full and in advance when it intends to take implementing
measures on the basis of an act that has been annulled but continues to produce legal effects, so as to ensure that
account is taken of the European Parliament’s views.

9. The Commission shall give the European Parliament and the Council prior notification before withdrawing its
proposals.

Specific legislative powers of the Commission

10. The Commission shall give full and timely information to the European Parliament concerning acts which the
Commission adopts which fall within the scope of its own legislative powers.

Implementing powers

11. The implementation of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the Commission (5) shall be governed by the agreement between the
Commission and the European Parliament on the procedures for implementing that decision (6).

The European Parliament and the Commission shall ensure the strict implementation of this agreement.

12. The Code of Conduct on the implementation of structural policies by the Commission (2000-2006) signed on 6
May 1999 (7) shall continue to apply to implementing acts covering the Structural Funds.

Monitoring the application of Community law

In addition to specific reports and the annual report on the application of Community law, the Commission shall,
13.
at the request of the relevant parliamentary committee, keep the European Parliament informed orally of the stage
reached in the procedure as from the stage when the reasoned opinion is sent and, in cases where procedures have
been initiated for failure to communicate the measures implementing a directive, or for failure to comply with a
judgment of the Court of Justice, as from the stage of formal notice.

The two institutions agree to exchange all relevant information relating to legislative planning, and the organisation of
legislative procedures, within the inter-institutional coordination working group.

FORWARDING TO THE EUROPEAN PARLIAMENT INFORMATION ON INTERNATIONAL AGREEMENTS
AND ENLARGEMENT, AND INVOLVEMENT OF THE EUROPEAN PARLIAMENT IN THIS RESPECT

ANNEX 2

1.
In order to enable more specific implementation of the general principle contained in the framework agreement,
and building on the experience of point 3.10 in the 1995 Code of Conduct between the Commission and the European
Parliament, the two institutions agree on the following measures:

(5) OJ L 184, 17.7.1999, p. 23.
(6) OJ L 256, 10.10.2000, p. 19. See Annex XII.
(7) OJ C 279, 1.10.1999, p. 488.

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International agreements

2.
In relation to international agreements, including trade agreements (the preparation phase for such agreements,
draft negotiating directives and the adopted negotiating directives) the Commission shall provide early and clear
briefing of the European Parliament in order to be able to take due account of the European Parliament’s views in so
far as possible.

3. The Commission shall keep the European Parliament, through the relevant parliamentary committee and, where
appropriate, at a plenary sitting, regularly and fully informed of the subsequent conduct and conclusion of international
negotiations. The information referred to in the previous point shall be provided to the European Parliament in
sufficient time for it to be able to express its points of view if appropriate. The European Parliament undertakes, for its
part, to establish appropriate procedures and safeguards as regards confidentiality, in accordance with the provisions of
Annex 3.

4. The Commission shall take the necessary steps to ensure that the European Parliament is immediately and fully
informed of:

(i)

decisions concerning the provisional application or the suspension of agreements;

and

(ii)

the establishment of a common position in a body set up by an agreement based on Article 310 of the EC Treaty.

5. At the request of the European Parliament, the Commission shall facilitate the inclusion of Members of the
European Parliament as observers in Community delegations negotiating multilateral agreements, on the understanding
that the Members may not take part directly in the negotiating sessions themselves, wherever the Commission alone
represents the Community.

The European Parliament observers shall, however, be kept regularly informed on the progress of negotiations during
the meetings in accordance with the conditions laid down in the exchange of letters between the Presidents of the two
Institutions, in order for the Commission to be able to take account of the European Parliament’s views.

Enlargement

6. The Commission shall keep the European Parliament fully informed of the progress of enlargement negotiations, so
as to enable it to express its views in good time through the appropriate parliamentary procedures.

In this context the Commission will, within its means, provide relevant oral or written information to the European

7.
Parliament on the major aspects and developments concerning enlargement.

8. When the European Parliament adopts a recommendation on these matters, pursuant to Rule 96 of its Rules of
Procedure, and when, for important reasons, the Commission decides that it cannot support such a recommendation, it
shall explain the reasons before the European Parliament, at a plenary sitting or at the next meeting of the relevant
parliamentary committee.

FORWARDING OF CONFIDENTIAL INFORMATION TO THE EUROPEAN PARLIAMENT

ANNEX 3

1.

Scope

1.1.

This Annex shall govern the forwarding to the European Parliament and the handling of confidential
information from the Commission in connection with the exercise of parliamentary prerogatives concerning the
legislative and budgetary procedures, the procedure for giving discharge and the exercise in general terms of the
European Parliament’s powers of scrutiny. The two institutions shall act in accordance with their mutual duties
of sincere cooperation and in a spirit of complete mutual trust as well as in the strictest conformity with the
relevant Treaty provisions, in particular Articles 6 and 46 of the Treaty on European Union and Article 276 of
the EC Treaty.

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1.2.

(cid:145)Information(cid:146) shall mean any written or oral information, whatever the medium and whoever the author may be.

1.3.

1.4.

1.5.

1.6.

The Commission shall ensure that the European Parliament is given access to information, in accordance with
the provisions of this Annex, whenever it receives from one of the parliamentary bodies set out in point 1.4.
below a request relating to the forwarding of confidential information.

In the context of this Annex, the following may request confidential information from the Commission: the
President of the European Parliament, the chairperson of the parliamentary committees concerned, the Bureau
and the Conference of Presidents.

Information on infringement procedures and procedures relating to competition,
in so far as they are not
covered by a final Commission decision on the date when the request from one of the parliamentary bodies is
received, shall be excluded from this Annex.

These provisions shall apply without prejudice to Decision 95/167/EC, Euratom, ECSC of
the European
Parliament, the Council and Commission of 19 April 1995 on the detailed provisions governing the exercise of
the European Parliament’s right of inquiry (8) and the relevant provisions of Commission Decision 1999/352/EC,
ECSC, Euratom of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (9).

2.

General rules

2.1. At the request of one of the bodies referred to in point 1.4. above, the Commission shall forward to that body
with all due despatch any confidential information required for the exercise of the European Parliament’s powers
of scrutiny. In accordance with their respective powers and responsibilities, the two institutions shall respect:

(cid:151) fundamental human rights, including the right to a fair trial and the right to protection of privacy;

(cid:151) provisions governing judicial and disciplinary procedures;

(cid:151) protection of business secrecy and commercial relations;

(cid:151) protection of the interests of the Union, in particular those relating to public safety, international relations,

monetary stability and financial interests.

In the event of a disagreement, the matter shall be referred to the Presidents of the two institutions so that they
may resolve the dispute.

Confidential information from a State, an institution or an international organisation shall be forwarded only
with its consent.

2.2.

In the event of any doubt as to the confidential nature of an item of information, or where it is necessary to lay
down the appropriate arrangements for it to be forwarded in accordance with one of the options set out in
point 3.2. below, the chairperson of the appropriate parliamentary committee, accompanied, where necessary,
by the rapporteur, shall consult the Member of Commission with special responsibility for that area without
delay.

In the event of a disagreement, the matter shall be referred to the Presidents of the two institutions so that they
may resolve the dispute.

2.3.

If, at the end of the procedure referred to in point 2.2. above, no agreement has been reached, the President of
the European Parliament, in response to a reasoned request from the relevant parliamentary committee, shall call
on the Commission to forward, within the appropriate deadline duly indicated, the confidential information in
question, selecting the arrangements from among the options laid down in point 3 below. Before the expiry of
that deadline, the Commission shall inform the European Parliament in writing of its final position, in respect of
which the European Parliament reserves the right, if appropriate, to exercise its right to seek redress.

(8) OJ L 113, 19.5.1995, p. 2.
(9) OJ L 136, 31.5.1999, p. 20.

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3.

Arrangements for access to and the handling of confidential information

3.1.

information forwarded in accordance with the procedures set out

Confidential
in point 2.2. and, where
appropriate, point 2.3. above shall be forwarded, on the responsibility of the President or of a Member of the
Commission, to the parliamentary body which submitted the request.

3.2. Without prejudice to the provisions of point 2.3. above, access and the arrangements designed to preserve the
confidentiality of
the
Commission with special responsibility for the area involved and the parliamentary body concerned, duly
represented by its chairperson, who shall select one of the following options:

the information shall be laid down by common accord between the Member of

(cid:151) information intended for the chairperson of and the rapporteur for the relevant parliamentary committee;

(cid:151) restricted access to information for all members of the relevant parliamentary committee in accordance with
the appropriate arrangements, possibly with the documents being collected after they have been studied and
a ban on the making of copies;

(cid:151) discussion in the relevant parliamentary committee, meeting in camera, in accordance with arrangements
which may vary by virtue of the degree of confidentiality involved and in accordance with the principles set
out in Annex VII to the European Parliament’s Rules of Procedure;

(cid:151) communication of documents from which all personal details have been expunged;

(cid:151) in instances justified on absolutely exceptional grounds,

information intended for the President of the

European Parliament alone.

The information in question may not be published or forwarded to any other addressee.

3.3.

In the event of non-compliance with these arrangements, the provisions relating to sanctions set out in Annex
VII to the European Parliament’s Rules of Procedure shall apply.

3.4. With a view to the implementation of the provisions set out above, the European Parliament shall ensure that

the following procedures are actually put in place:

(cid:151) a secure archive system for documents classified as confidential;

(cid:151) a secure reading room (without photocopying machines, telephones, fax facilities, scanners or any other

technical equipment for the reproduction and transmission of documents, etc.);

(cid:151) security provisions governing access to the reading room, including the requirements of signature in an

access register and a solemn declaration not to disseminate the confidential information examined.

3.5.

The Commission shall take all the measures required for the implementation of the provisions of this Annex.

4.

Updating

In the light of experience acquired, the Presidents of the two institutions may propose that additions or changes
be made to this Annex.

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ANNEX XIV

TIMETABLE FOR THE COMMISSION’S LEGISLATIVE AND WORK PROGRAMME

Timetable for the Commission’s legislative and work programme (1)

The European Parliament and the Commission shall cooperate in preparing the Commission’s legislative and work
programme in accordance with the following timetable (2):

(a) At the February/March part-session the institutions concerned shall take part in a debate on the main lines of the
political priorities (’the State of the Union’) further to the Annual Policy Strategy (APS) decision for the following
year which the Commission adopts in February. The debate will provide material for the preparation of the
preliminary draft budget by the Commission and the discussion in Parliament of the budget guidelines for the
following year. It shall be preceded by the presentation to the Conference of Presidents of the Commission’s
Annual Policy Strategy decision (February).

(b) Between March and May the standing committees concerned shall launch a structured, bilateral dialogue with the
relevant Commissioners on the scope and implementation of the political priorities in each of their specific areas.
Each standing committee shall report on the outcome of these meetings, and the Conference of Presidents shall be
informed of these by the Conference of Committee Chairmen.

(c)

(d)

In June and July the Conference of Committee Chairmen shall assess the current legislative and work programme
together with the Commission Vice-President responsible (3).

In September there shall be a stock-taking in the Conference of Committee Chairmen,
together with the
Commission Vice-President responsible, of the legislative proposals that the Commission plans to include in the
legislative and work programme in the area of competence of each Commissioner, on the basis of a document
drawn up by the Commission dealing, inter alia, with the updating of the political priorities in relation to the
outcome of the meetings with the standing committees in March/May.

(e) At the November part-session the Commission President shall present formally in plenary, with the College of
Commissioners taking part, the Commission’s legislative and work programme for the following year, together
with an assessment of the implementation of the current programme. The legislative and work programme shall be
accompanied by a list of legislative and non-legislative proposals for the following year, in a form to be decided (4).
The legislative and work programme shall be forwarded at least ten working days before the part-session at which
it is to be debated. Parliament shall state its position at the November or December part-session.

(1) Approved by the Conference of Presidents on 31 January 2002.
(2) The Commission presents the preliminary draft budget in May, and the first reading of the draft budget takes place in October and

the second reading in December.

(3) The mid-term review of the implementation of the legislative and work programme could be used to look together at the usefulness
of the various types of legislative programming lists and decide jointly on the best programming tools for use with the 2003 work
programme.

(4) To be included: calendar and, where appropriate, legal base and budgetary implications.

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LIST OF PARLIAMENT DOCUMENTS DIRECTLY ACCESSIBLE THROUGH THE REGISTER

ANNEX XV

1.

Documents relating to Parliament’s activities

1.1

Parliament’s Rules of Procedure

1.2

Plenary documents

(cid:151) Draft agendas

(cid:151) Final draft agendas

(cid:151) Agendas

(cid:151) Verbatim Report of Proceedings of sittings

(cid:151) Minutes, provisional edition

(cid:151) Minutes, final edition

(cid:151) Registers of attendance

(cid:151) Results of roll-call votes

(cid:151) Texts Adopted

(cid:151) Consolidated texts

(cid:151) Budget-related decisions

(cid:151) Amendments contained in reports

(cid:151) Other amendments intended for plenary

(cid:151) Amendments to joint motions for resolutions

(cid:151) Draft amendments and proposed modifications to the draft budget

(cid:151) Motions for resolutions and proposals for decisions

(cid:151) Joint motions for resolutions

1.3

Documents relating to Members’ activities

(cid:151) Members’ declarations of financial interests

(cid:151) Written declarations

(cid:151) Written questions

(cid:151) Oral questions tabled by a Member, a political group or a parliamentary committee

(cid:151) Questions for Question Time

(cid:151) Answers to written questions

(cid:151) Answers to questions for Question Time

(cid:151) Motions for resolutions

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(cid:151) Proposed amendments to the Rules of Procedure

(cid:151) List of Members

(cid:151) List of Members’ assistants

1.4

Parliamentary committee documents

(cid:151) Agendas

(cid:151) Minutes

(cid:151) Working documents

(cid:151) Draft reports

(cid:151) Amendments to draft reports

(cid:151) Reports

(cid:151) Draft opinions

(cid:151) Amendments to draft opinions

(cid:151) Opinions

(cid:151) Records of attendance

1.5

Parliamentary delegation documents

(cid:151) Agendas

(cid:151) Minutes

(cid:151) Working documents

(cid:151) Records of attendance

(cid:151) Recommendations and statements

1.6

Conciliation documents

(cid:151) Joint working documents

(cid:151) Joint texts approved by the Conciliation Committee

(cid:151) Conciliation manual

(cid:151) Records of attendance

1.7

Documents from other Parliament bodies

(cid:151) Official

letters from the President to act on decisions by the following bodies: Bureau, Conference of

Presidents, College of Quaestors, Conference of Committee Chairmen, Conference of Delegation Chairmen

(cid:151) Agendas

(cid:151) Minutes

(cid:151) Summaries of decisions

(cid:151) Activity reports by the Conference of Committee Chairmen

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2.

General information documents

2.1

Bulletin of Parliament

(cid:151) Activities

(cid:151) Calendar of meetings

(cid:151) Special edition for European Councils

(cid:151) Activities of the European Parliament (cid:151) post-session

2.2

Press documents

(cid:151) Press releases

(cid:151) News Report

(cid:151) News Alert

(cid:151) Background Notes

(cid:151) Daily Notebook

(cid:151) Briefing

(cid:151) The week

2.3

Parliament studies and publications

(cid:151) Studies

(cid:151) Working documents

(cid:151) Briefings

(cid:151) Memoranda

(cid:151) Fact sheets

2.4

Documents for circulation, external offices

3.

Official documents forwarded by the other institutions

Official documents forwarded by the other institutions in accordance with, and subject to the limits laid down
by, Regulation (EC) No 1049/2001 and the procedures agreed between the institutions,
in particular in
connection with the interinstitutional committee provided for in Article 15(2) of that Regulation.

3.1

Commission

(cid:151) COM documents

(cid:151) SEC documents

(cid:151) Decisions by the College of Commissioners

(cid:151) (cid:145)Comitology(cid:146) acts (documents relating to Parliament’s right of scrutiny, draft acts, agendas, minutes,

opinions and documents for information)

3.2

Council

(cid:151) Documents and communications forwarded in connection with legislative and budgetary procedures,

procedures for discharge, appointments and the conclusion of agreements

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3.3

European Central Bank

(cid:151) Communications

3.4

European Investment Bank

(cid:151) Communications

3.5

Committee of the Regions

(cid:151) Communications

3.6

Economic and Social Committee

(cid:151) Communications

3.7

Court of Auditors

(cid:151) Communications

3.8

Interinstitutional relations

(cid:151) Interinstitutional agreements

4.

Third-party documents

4.1

Documents from Member States

4.2

Petitions (subject to petitioners’ agreement)

4.3

Official correspondence

5.

Administrative documents

Official letters (cid:151) secretariat notifications of Parliament decisions

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ANNEX XVI

REGULATION (EC) No 1049/2001 ON PUBLIC ACCESS TO DOCUMENTS

European Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents (1)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 255(2) thereof,

Having regard to the proposal from the Commission (2),

Acting in accordance with the procedure referred to in Article 251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

The second subparagraph of Article 1 of the Treaty on European Union enshrines the concept of openness,
stating that the Treaty marks a new stage in the process of creating an ever closer union among the peoples of
Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.

Openness enables citizens to participate more closely in the decision-making process and guarantees that the
administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a
democratic system. Openness contributes to strengthening the principles of democracy and respect
for
fundamental rights as laid down in Article 6 of the EU Treaty and in the Charter of Fundamental Rights of the
European Union.

The conclusions of the European Council meetings held at Birmingham, Edinburgh and Copenhagen stressed
the need to introduce greater transparency into the work of the Union institutions. This Regulation consolidates
the initiatives that the institutions have already taken with a view to improving the transparency of the
decision-making process.

The purpose of this Regulation is to give the fullest possible effect to the right of public access to documents
and to lay down the general principles and limits on such access in accordance with Article 255(2) of the EC
Treaty.

Since the question of access to documents is not covered by provisions of the Treaty establishing the European
Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, the European
Parliament, the Council and the Commission should, in accordance with Declaration No 41 attached to the
Final Act of the Treaty of Amsterdam, draw guidance from this Regulation as regards documents concerning
the activities covered by those two Treaties.

Wider access should be granted to documents in cases where the institutions are acting in their legislative
capacity,
the
institutions’ decision-making process. Such documents should be made directly accessible to the greatest
possible extent.

the same time preserving the effectiveness of

including under delegated powers, while at

In accordance with Articles 28(1) and 41(1) of the EU Treaty, the right of access also applies to documents
relating to the common foreign and security policy and to police and judicial cooperation in criminal matters.
Each institution should respect its security rules.

In order to ensure the full application of this Regulation to all activities of the Union, all agencies established by
the institutions should apply the principles laid down in this Regulation.

On account of
treatment.
Arrangements for informing the European Parliament of the content of such documents should be made
through interinstitutional agreement.

their highly sensitive content, certain documents

should be given special

(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ C 177 E, 27.6.2000, p. 70.
(3) Opinion of the European Parliament of 3 May 2001 and Council Decision of 28 May 2001.

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(10)

(11)

In order to bring about greater openness in the work of the institutions, access to documents should be granted
by the European Parliament, the Council and the Commission not only to documents drawn up by the
institutions, but also to documents received by them. In this context, it is recalled that Declaration No 35
attached to the Final Act of
the
Commission or the Council not to communicate to third parties a document originating from that State
without its prior agreement.

the Treaty of Amsterdam provides that a Member State may request

In principle, all documents of the institutions should be accessible to the public. However, certain public and
private interests should be protected by way of exceptions. The institutions should be entitled to protect their
internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks. In
the principles in Community legislation
assessing the exceptions,
concerning the protection of personal data, in all areas of Union activities.

the institutions should take account of

(12)

All rules concerning access to documents of the institutions should be in conformity with this Regulation.

(13)

In order to ensure that the right of access is fully respected, a two-stage administrative procedure should apply,
with the additional possibility of court proceedings or complaints to the Ombudsman.

(14)

Each institution should take the measures necessary to inform the public of the new provisions in force and to
train its staff to assist citizens exercising their rights under this Regulation. In order to make it easier for citizens
to exercise their rights, each institution should provide access to a register of documents.

(15)

Even though it is neither the object nor the effect of this Regulation to amend national legislation on access to
documents, it is nevertheless clear that, by virtue of the principle of loyal cooperation which governs relations
between the institutions and the Member States, Member States should take care not to hamper the proper
application of this Regulation and should respect the security rules of the institutions.

(16)

This Regulation is without prejudice to existing rights of access to documents for Member States,
authorities or investigative bodies.

judicial

(17)

In accordance with Article 255(3) of the EC Treaty, each institution lays down specific provisions regarding
access to its documents in its rules of procedure. Council Decision 93/731/EC of 20 December 1993 on public
access to Council documents (4), Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994 on public
access to Commission documents (5), European Parliament Decision 97/632/EC, ECSC, Euratom of 10 July
1997 on public access to European Parliament documents (6), and the rules on confidentiality of Schengen
documents should therefore, if necessary, be modified or be repealed,

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose

The purpose of this Regulation is:

(a)

to define the principles, conditions and limits on grounds of public or private interest governing the right of access
to European Parliament, Council and Commission (hereinafter referred to as (cid:145)the institutions(cid:146)) documents provided
for in Article 255 of the EC Treaty in such a way as to ensure the widest possible access to documents,

(4) OJ L 340, 31.12.1993, p. 43. Decision as last amended by Decision 2000/527/EC (OJ L 212, 23.8.2000, p. 9).
(5) OJ L 46, 18.2.1994, p. 58. Decision as amended by Decision 96/567/EC, ECSC, Euratom (OJ L 247, 28.9.1996, p. 45).
(6) OJ L 263, 25.9.1997, p. 27.

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(b)

to establish rules ensuring the easiest possible exercise of this right, and

(c)

to promote good administrative practice on access to documents.

Article 2

Beneficiaries and scope

1.
Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member
State, has a right of access to documents of the institutions, subject to the principles, conditions and limits defined in
this Regulation.

The institutions may, subject to the same principles, conditions and limits, grant access to documents to any

2.
natural or legal person not residing or not having its registered office in a Member State.

This Regulation shall apply to all documents held by an institution, that is to say, documents drawn up or

3.
received by it and in its possession, in all areas of activity of the European Union.

4. Without prejudice to Articles 4 and 9, documents shall be made accessible to the public either following a written
application or directly in electronic form or through a register. In particular, documents drawn up or received in the
course of a legislative procedure shall be made directly accessible in accordance with Article 12.

5.

Sensitive documents as defined in Article 9(1) shall be subject to special treatment in accordance with that Article.

This Regulation shall be without prejudice to rights of public access to documents held by the institutions which

6.
might follow from instruments of international law or acts of the institutions implementing them.

Article 3

Definitions

For the purpose of this Regulation:

(a)

(cid:145)document(cid:146): shall mean any content whatever its medium (written on paper or stored in electronic form or as a
sound, visual or audiovisual recording) concerning a matter relating to the policies, activities and decisions falling
within the institution’s sphere of responsibility;

(b)

(cid:145)third party(cid:146): shall mean any natural or legal person, or any entity outside the institution concerned, including the
Member States, other Community or non-Community institutions and bodies and third countries.

Article 4

Exceptions

1.

The institutions shall refuse access to a document where disclosure would undermine the protection of:

(a)

the public interest as regards:

(cid:151) public security,

(cid:151) defence and military matters,

(cid:151) international relations,

(cid:151) the financial, monetary or economic policy of the Community or a Member State;

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(b) privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the

protection of personal data.

2.

The institutions shall refuse access to a document where disclosure would undermine the protection of:

(cid:151) commercial interests of a natural or legal person, including intellectual property,

(cid:151) court proceedings and legal advice,

(cid:151) the purpose of inspections, investigations and audits,

unless there is an overriding public interest in disclosure.

3.
Access to a document, drawn up by an institution for internal use or received by an institution, which relates to a
matter where the decision has not been taken by the institution, shall be refused if disclosure of the document would
seriously undermine the institution’s decision-making process, unless there is an overriding public interest in disclosure.

Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within
the institution concerned shall be refused even after the decision has been taken if disclosure of the document would
seriously undermine the institution’s decision-making process, unless there is an overriding public interest in disclosure.

As regards third-party documents, the institution shall consult the third party with a view to assessing whether an

4.
exception in paragraph 1 or 2 is applicable, unless it is clear that the document shall or shall not be disclosed.

A Member State may request the institution not to disclose a document originating from that Member State

5.
without its prior agreement.

If only parts of the requested document are covered by any of the exceptions, the remaining parts of the

6.
document shall be released.

7.
The exceptions as laid down in paragraphs 1 to 3 shall only apply for the period during which protection is
justified on the basis of the content of the document. The exceptions may apply for a maximum period of 30 years. In
the case of documents covered by the exceptions relating to privacy or commercial interests and in the case of sensitive
documents, the exceptions may, if necessary, continue to apply after this period.

Article 5

Documents in the Member States

Where a Member State receives a request for a document in its possession, originating from an institution, unless it is
clear that the document shall or shall not be disclosed, the Member State shall consult with the institution concerned in
order to take a decision that does not jeopardise the attainment of the objectives of this Regulation.

The Member State may instead refer the request to the institution.

Article 6

Applications

1.
Applications for access to a document shall be made in any written form, including electronic form, in one of the
languages referred to in Article 314 of the EC Treaty and in a sufficiently precise manner to enable the institution to
identify the document. The applicant is not obliged to state reasons for the application.

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2.
If an application is not sufficiently precise, the institution shall ask the applicant to clarify the application and
shall assist the applicant in doing so, for example, by providing information on the use of the public registers of
documents.

In the event of an application relating to a very long document or to a very large number of documents, the

3.
institution concerned may confer with the applicant informally, with a view to finding a fair solution.

The institutions shall provide information and assistance to citizens on how and where applications for access to

4.
documents can be made.

Article 7

Processing of initial applications

1.
An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent
to the applicant. Within 15 working days from registration of the application, the institution shall either grant access to
the document requested and provide access in accordance with Article 10 within that period or, in a written reply,
state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory
application in accordance with paragraph 2 of this Article.

In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the institution’s

2.
reply, make a confirmatory application asking the institution to reconsider its position.

3.
In exceptional cases, for example in the event of an application relating to a very long document or to a very
large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided
that the applicant is notified in advance and that detailed reasons are given.

Failure by the institution to reply within the prescribed time-limit shall entitle the applicant

4.
confirmatory application.

to make a

Article 8

Processing of confirmatory applications

1.
A confirmatory application shall be handled promptly. Within 15 working days from registration of such an
application, the institution shall either grant access to the document requested and provide access in accordance with
Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal. In the event of a
total or partial refusal, the institution shall inform the applicant of the remedies open to him or her, namely instituting
court proceedings against the institution and/or making a complaint to the Ombudsman, under the conditions laid
down in Articles 230 and 195 of the EC Treaty, respectively.

2.
In exceptional cases, for example in the event of an application relating to a very long document or to a very
large number of documents, the time limit provided for in paragraph 1 may be extended by 15 working days, provided
that the applicant is notified in advance and that detailed reasons are given.

Failure by the institution to reply within the prescribed time limit shall be considered as a negative reply and
3.
entitle the applicant to institute court proceedings against the institution and/or make a complaint to the Ombudsman,
under the relevant provisions of the EC Treaty.

Article 9

Treatment of sensitive documents

1.
Sensitive documents are documents originating from the institutions or the agencies established by them, from
Member States, third countries or International Organisations, classified as (cid:145)TR¨S SECRET/TOP SECRET(cid:146), (cid:145)SECRET(cid:146) or
(cid:145)CONFIDENTIEL(cid:146) in accordance with the rules of the institution concerned, which protect essential interests of the
European Union or of one or more of its Member States in the areas covered by Article 4(1)(a), notably public security,
defence and military matters.

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2.
Applications for access to sensitive documents under the procedures laid down in Articles 7 and 8 shall be
handled only by those persons who have a right to acquaint themselves with those documents. These persons shall
also, without prejudice to Article 11(2), assess which references to sensitive documents could be made in the public
register.

3.

Sensitive documents shall be recorded in the register or released only with the consent of the originator.

An institution which decides to refuse access to a sensitive document shall give the reasons for its decision in a

4.
manner which does not harm the interests protected in Article 4.

5. Member States shall take appropriate measures to ensure that when handling applications for sensitive documents
the principles in this Article and Article 4 are respected.

6.

The rules of the institutions concerning sensitive documents shall be made public.

The Commission and the Council shall

7.
accordance with arrangements agreed between the institutions.

inform the European Parliament regarding sensitive documents in

Article 10

Access following an application

1.
The applicant shall have access to documents either by consulting them on the spot or by receiving a copy,
including, where available, an electronic copy, according to the applicant’s preference. The cost of producing and
sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending
the copies. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic form or through
the register shall be free of charge.

2.
If a document has already been released by the institution concerned and is easily accessible to the applicant, the
institution may fulfil its obligation of granting access to documents by informing the applicant how to obtain the
requested document.

Documents shall be supplied in an existing version and format (including electronically or in an alternative format

3.
such as Braille, large print or tape) with full regard to the applicant’s preference.

Article 11

Registers

1.
To make citizens’ rights under this Regulation effective, each institution shall provide public access to a register of
documents. Access to the register should be provided in electronic form. References to documents shall be recorded in
the register without delay.

For

each document

2.
the
interinstitutional reference), the subject matter and/or a short description of the content of the document and the date
on which it was received or drawn up and recorded in the register. References shall be made in a manner which does
not undermine protection of the interests in Article 4.

contain a reference number

(including, where applicable,

register

shall

the

The institutions shall immediately take the measures necessary to establish a register which shall be operational by

3.
3 June 2002.

Article 12

Direct access in electronic form or through a register

The institutions shall as far as possible make documents directly accessible to the public in electronic form or

1.
through a register in accordance with the rules of the institution concerned.

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2.
In particular, legislative documents, that is to say, documents drawn up or received in the course of procedures
for the adoption of acts which are legally binding in or for the Member States, should, subject to Articles 4 and 9, be
made directly accessible.

3. Where possible, other documents, notably documents relating to the development of policy or strategy, should be
made directly accessible.

4. Where direct access is not given through the register, the register shall as far as possible indicate where the
document is located.

Article 13

Publication in the Official Journal

1.
In addition to the acts referred to in Article 254(1) and (2) of the EC Treaty and the first paragraph of Article 163
of the Euratom Treaty, the following documents shall, subject to Articles 4 and 9 of this Regulation, be published in
the Official Journal:

(a) Commission proposals;

(b) common positions adopted by the Council in accordance with the procedures referred to in Articles 251 and 252
of the EC Treaty and the reasons underlying those common positions, as well as the European Parliament’s
positions in these procedures;

(c)

framework decisions and decisions referred to in Article 34(2) of the EU Treaty;

(d) conventions established by the Council in accordance with Article 34(2) of the EU Treaty;

(e) conventions signed between Member States on the basis of Article 293 of the EC Treaty;

(f)

international agreements concluded by the Community or in accordance with Article 24 of the EU Treaty.

2.

As far as possible, the following documents shall be published in the Official Journal:

(a)

initiatives presented to the Council by a Member State pursuant to Article 67(1) of the EC Treaty or pursuant to
Article 34(2) of the EU Treaty;

(b) common positions referred to in Article 34(2) of the EU Treaty;

(c) directives other than those referred to in Article 254(1) and (2) of the EC Treaty, decisions other than those

referred to in Article 254(1) of the EC Treaty, recommendations and opinions.

Each institution may in its rules of procedure establish which further documents shall be published in the Official

3.
Journal.

Article 14

Information

Each institution shall take the requisite measures to inform the public of the rights they enjoy under this

1.
Regulation.

2.

The Member States shall cooperate with the institutions in providing information to the citizens.

Article 15

Administrative practice in the institutions

The institutions shall develop good administrative practices in order to facilitate the exercise of the right of access

1.
guaranteed by this Regulation.

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The institutions shall establish an interinstitutional committee to examine best practice, address possible conflicts

2.
and discuss future developments on public access to documents.

Article 16

Reproduction of documents

This Regulation shall be without prejudice to any existing rules on copyright which may limit a third party’s right to
reproduce or exploit released documents.

Article 17

Reports

1.
Each institution shall publish annually a report for the preceding year including the number of cases in which the
institution refused to grant access to documents, the reasons for such refusals and the number of sensitive documents
not recorded in the register.

At the latest by 31 January 2004, the Commission shall publish a report on the implementation of the principles
if appropriate, proposals for the revision of this
including,

2.
of this Regulation and shall make recommendations,
Regulation and an action programme of measures to be taken by the institutions.

Article 18

Application measures

Each institution shall adapt its rules of procedure to the provisions of this Regulation. The adaptations shall take

1.
effect from 3 December 2001.

2. Within six months of the entry into force of this Regulation, the Commission shall examine the conformity of
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 (7) with this
Regulation in order to ensure the preservation and archiving of documents to the fullest extent possible.

3. Within six months of the entry into force of this Regulation, the Commission shall examine the conformity of the
existing rules on access to documents with this Regulation.

Article 19

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the
European Communities.

It shall be applicable from 3 December 2001.

(7) OJ L 43, 15.2.1983, p. 1.