2004/788/EC, Euratom:#Codified version of the EESC Rules of Procedure (in force from 24 October 2004)
Date: 2004-10-24
Institutions: European Economic and Social Committee
Subjects: European Economic and Social Committee, rules of procedure

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EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

CODIFIED VERSION OF THE EESC RULES OF PROCEDURE

(in force from 24 October 2004)

(2004/788/EC, Euratom)

This edition combines:

— The Rules of Procedure of the European Economic and Social Committee adopted at the plenary session of 17 and

18 July 2002 (OJ No L 268 of 4 October 2002);

— and the changes resulting from the following:

(1) Amendments of 27 February 2003 to the Rules of Procedure of

the European Economic and Social

Committee;

(2) Amendments of 31 March 2004 to the Rules of Procedure of the European Economic and Social Committee.

This edition has been produced by the General Secretariat of the European Economic and Social Committee and groups
together the different amendments approved by the EESC assembly. Those Articles that have been amended are
indicated by a bracket next to the Article number containing the figure corresponding to the numbering of the
amendments referred to above.

PREAMBLE

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

being

opposed,

diametrically

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

3. Within the European institutional set-up, the EESC fulfils a
specific role: it is the prime forum in which the organisations of

civil society in the European Union can have their views repre-
sented and discussed.

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

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

TITLE I

ORGANISATION OF THE COMMITTEE

CHAPTER I

Installation of the Committee in office

Article 1

1.

The Committee shall hold office for terms of four years.

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

Article 2

The Committee shall consist of the following bodies: the

1.
assembly, the Bureau, the President and the sections.

The Committee shall be divided into three Groups, the

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

CHAPTER II

Bureau

Article 3 (2)

The Bureau shall have 37 members and include a repre-

1.
sentative of each Member State.

2.

The Bureau of the Committee shall comprise:

(a)

the President,
directly elected by the assembly;

the two Vice-Presidents and 25 members,

(b) the three Group Presidents, elected as provided for in Article

27;

(c)

the six specialised section Presidents.

The President shall be elected in turn from among the

3.
members of the three Groups.

The President and Vice-Presidents may not be re-elected
4.
for the two-years immediately following the expiry of their two-
year term of office.

5.
The Vice-Presidents shall be elected from among the
members of the two Groups to which the President does not
belong.

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

Article 4

1.
At its first meeting, held in pursuance of Article 1, the
Committee, with the interim President in the chair, shall elect
from among its members a President, two Vice-Presidents, the
Presidents of the specialised sections and the other members of
the Bureau other than the Group Presidents for a term of two
years, commencing on the date of
the
Committee in office.

the installation of

Only matters pertaining to these elections may be

2.
discussed under the chairmanship of the interim President.

Article 5

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

Article 6

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

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

than the Presidents of

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

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

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

6.
The assembly shall then elect the President and the Vice-
Presidents of the Committee by a simple majority from among
the Bureau members elected in accordance with Article 6(3).

The Committee shall

7.
specialised sections by a simple majority.

then elect

the Presidents of

the

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Finally,

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

work of
appointment of permanent staff are discussed.

these groups, except when issues concerning the

Article 7

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

Article 8 (2)

1. Meetings of the Bureau shall be convened by the President,
acting either ex officio or at the request of 10 members.

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

3.

The Bureau shall

lay down its own procedural Articles.

4.
It shall lay down the organisation and working procedures
of the Committee and adopt provisions for implementing the
Articles of Procedure.

5.
The Bureau and the President shall exercise the budgetary
and financial powers provided for in the Financial Regulation
and the Committee's Articles of Procedure.

The

shall

Bureau

determine

6.
implementing
arrangements regarding the travel and subsistence expenses of
members, their alternates, appointed in accordance with Article
their experts appointed in
18, and the daily allowances of
accordance with Article 23,
in compliance with the budget
and financial procedures.

the

The Bureau shall have political

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

responsibility for

The Bureau shall be responsible for ensuring that
the tasks entrusted to it by the Treaty,

in
8.
the
carrying out
the human, budgetary and
Committee makes good use of
technical
for
instance, take part in the budgetary procedure and in the orga-
nisation of the secretariat.

resources available to it. The Bureau shall,

9.
The Bureau may set up ad hoc groups, drawn from
among its members, to examine any questions falling within
its competence. Other members may also be involved in the

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

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

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

Article 9

Within the framework of
Bureau may instruct
the President
agreements with the institutions and other bodies of
European Union.

the
to conclude cooperation
the

interinstitutional cooperation,

Article 10 (2)

A ‘budget group’ shall be set up to assist the Bureau in

1.
exercising its budgetary and financial powers.

2.
The budget group shall be chaired by one of the two Vice-
Presidents under the authority of the President. It shall have
nine members, appointed by the Bureau on the proposal of
the Groups.

For specified matters the Bureau may delegate its decision-

3.
making power to the budget group.

Proposals adopted unanimously by the budget group shall

4.
be submitted to the Bureau for approval without debate.

The budget group shall participate in the drawing-up of

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

6.
The President of the budget group shall take part in nego-
tiations with the budgetary authorities and shall report thereon
to the Bureau.

The budget group's duties shall

include advising the
the Bureau and the Committee and exercising

7.
President,
control over the various services.

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Article 10 a (2)

A ‘communication group’ shall be set up, responsible for
communication

1.
guiding and monitoring the Committee's
strategy.

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

2.
The communication group shall be chaired by one of the
two Vice-Presidents under the authority of the President. It shall
have nine members, appointed by the Bureau on the proposal
of the Groups.

CHAPTER III

Presidency and the President

Article 11

The Presidency shall comprise the President and the two

1.
Vice-Presidents.

The Committee Presidency shall meet with the Group
2.
Presidents
the Bureau and the
assembly. Any or all of the specialised section Presidents may
also be invited to attend when necessary or appropriate.

to prepare the work of

As part of

the
3.
Presidency shall meet with the Presidents of the Groups and
specialised sections at least twice a year.

the Committee's programme of work,

These two presentations may be debated by the assembly.

Article 13 (2)

The two Vice-Presidents shall be respectively President of the
budget group and President of the communication group and
shall perform these tasks under the authority of the President.

CHAPTER IV

Specialised sections

Article 14

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

from the Bureau,

The Committee shall set up its specialised sections at the

2.
inaugural session following each four-yearly renewal.

The list of specialised sections and their terms of reference

3.
may be examined at the time of each four-yearly renewal.

Article 12

Article 15

The President shall direct the work of the Committee in

1.
accordance with the Treaties and with these Articles.

1.
The number of members of the specialised sections shall
be decided by the Committee on a proposal from its Bureau.

The President shall

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

Apart from the President, every member of the Committee

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

The President may entrust specific tasks to the Secretary-

3.
General for a limited period.

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

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

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

The members of

4.
shall be
appointed by the Committee. Appointments shall be for two
years and shall be renewable.

specialised sections

the

The procedure

5.
appointment of
laid down for
specialised section members shall also be followed for the repla-
cement of such members.

the

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Article 16 (2)

CHAPTER V

1.
The Bureau of a specialised section, elected for a term of
two years, shall comprise 12 members including a President and
three Vice-Presidents, one from each Group.

Subcommittees and rapporteur-general

Article 19 (2)

2.
Elections of specialised section Presidents and of other
members of specialised section Bureaux shall be conducted by
the Committee.

On the initiative of the Bureau, the Committee may, in
set up subcommittees drawn from its
for submission initially to the Bureau
information

1.
exceptional cases,
members to produce,
and then to the assembly, draft opinions or
reports on strictly horizontal general matters.

Specialised section Presidents and other members of

3.
specialised section Bureaux may be re-elected.

The Presidency of

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

three specialised sections

Article 17

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

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

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

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

Article 18

Any member of

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

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

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

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

The Articles governing specialised sections

4.
applicable, mutatis mutandis, to subcommittees.

shall be

Article 20

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

for any

CHAPTER VI

Observatories, hearings, experts

Article 21

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

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

from the Groups or

The alternate shall carry out the same duties in the study

3.
groups as the member whom he replaces.

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

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Article 22

speakers

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

from outside the Committee

Article 23

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

CHAPTER VII

Consultative commissions

Article 24 (2)

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

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

the European Economic

In accordance with Article 24(1) and (2), a ‘consultative
3.
commission on industrial change’ (CCMI) may be set up, made
up of members of
and Social
Committee and delegates from professional organisations repre-
senting the coal and steel sector and related sectors. The
President of
the
Committee Bureau. He shall be chosen from among the 25
members of the Bureau referred to in Article 3(2)(a) of these
Articles of Procedure.

the commission shall be a member of

councils and similar institutions and with civil society organi-
sations of an economic and social nature in the European
Union and non-EU countries.

In the same way,

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

Article 26

The Committee, on a proposal

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

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

CHAPTER IX

The Groups and categories

Article 27

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

and social

economic

2.
The Groups shall elect their Presidents and Vice-Presidents.
These Groups shall participate in the preparation, organisation
and coordination of the business of the Committee and its
constituent bodies, and help supply them with information.
Each Group shall be provided with a secretariat.

The Group Presidents shall be members of the Bureau in

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

The Group Presidents

4.
the Committee
Presidency in the formulation of policy and where appropriate,
in the monitoring of expenditure.

assist

shall

5.
The Group Presidents shall meet with the Committee
Presidency to assist in preparing the work of the Bureau and
the assembly.

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

CHAPTER VIII

Dialogue with economic and social organisations in EU and
non-EU States

7.
The Groups shall make proposals for membership of the
budget group to be set up by the Bureau under Article 10(1).

Article 25

1.
The Committee, on the initiative of
maintain structured relations with economic

the Bureau, may
and social

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

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

10.
The Groups shall make proposals for rapporteurs and for
the composition of study and drafting groups to be appoin-
ted/set up by the specialised sections under Article 17(3).

Article 30

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

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

criteria of

terms of

reference

and

the

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

to the approval of

secretariat

The general

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

Article 28

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

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

3.
The creation of a category shall be subject to approval
being granted by the Bureau, who shall inform the assembly.

TITLE II

PROCEDURE OF THE COMMITTEE

CHAPTER I

Consultation of the Committee

Article 29

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

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

the majority of

Article 31

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

CHAPTER II

Organisation of work

A. Work of the specialised sections

Article 32 (1)

1. When an opinion or information report is to be produced,
the Bureau, in accordance with Article 8(4), shall designate the
specialised section which is to be responsible for preparing the
work in question. Where the matter for consideration is clearly
within the purview of a given specialised section, the President
shall designate that section and inform the Bureau of his
decision.

2. Where a specialised section that has been designated to
prepare an opinion wishes to hear the views of the Consultative
Commission on Industrial Change (CCMI) or where the CCMI
its views on an opinion allocated to a
wishes to set out
to
the Bureau may authorise the CCMI
specialised section,
draw up a supplementary opinion on one or more of
the
issues covered by the referral. The Bureau may also take this
decision on its own initiative. The Bureau shall organise the
Committee's work in such a way that the CCMI
is able to
prepare its opinion in good time to be taken into consideration
by the specialised section.

The specialised section alone shall be responsible for reporting
to the Committee. It shall however append to its opinion the
supplementary
the Consultative
Commission on Industrial Change.

opinion drawn up

by

3.
The President of the specialised section concerned shall be
notified by the Committee President of the decision and of the
time limit for the completion of the section's work.

4.
The Committee President shall inform the members of the
Committee of the referral to the section and of the date on
which the subject is to be dealt with by the plenary session.

Article 33

Specialised sections shall not discuss matters jointly.

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Article 34

Article 41

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

specialised section of

Article 35

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

Article 36

1. Meetings of the specialised sections shall be prepared by
in consultation with the
the specialised section Presidents
section Bureau.

2. Meetings
President or, in his absence, by one of the Vice-Presidents.

shall be chaired by the specialised section

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

Article 42

The President, in agreement with the Bureau or where appro-
priate the assembly, may refer a question back to a specialised
section if he considers that the procedure laid down in these
Articles for drawing up opinions has not been adhered to or
that further study is necessary.

Article 43

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

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

the draft opinion, which shall be

sent

Article 37

3.

There shall be no voting at study group meetings.

A quorum shall exist at specialised section meetings if

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

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

Article 38

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

B. Proceedings of the plenary sessions

Article 44

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

Article 45

1.
Sessions shall be prepared by the President in consultation
with the Bureau. The Bureau shall meet before each session, and
where appropriate during a session, to organise the proceedings.

The Bureau may set a time limit for the general discussion

2.
of each opinion at the session.

Article 39

Article 46

Specialised section opinions

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

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

Article 40

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

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

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

Article 47

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

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

Article 48

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

Article 49

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

Article 50 (2)

1.
The President shall open session sittings, preside over
discussions and ensure that these Articles are observed. The
President shall be assisted by the Vice-Presidents.

If

the President

2.
shall
deputise. If the Vice-Presidents are absent, the oldest member
of the Bureau shall deputise.

the Vice-Presidents

is absent,

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

4. Where a text has been adopted by a specialised section
with no votes against, the Bureau may propose to the assembly
that the text be voted on without a discussion. This procedure
shall be applied unless at
least 25 members signify their
objection.

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

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

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

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

Article 52 (2)

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

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

Article 53

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

The final version of such minutes shall be signed by the

2.
President and the Secretary-General of the Committee.

Article 51 (2)

Article 54

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

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

2.
In the interests of efficient organisation of the proceedings
of the assembly, the Bureau shall fix the arrangements for the
lodging of proposals for amendments.

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

The Committee

shall, however, allow proposals

3.
for
amendments to be lodged up to the opening of the relevant
session sitting, provided such proposals are signed by at least
fifteen members.

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

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

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

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

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

Article 55

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

The follow-up to opinions shall be monitored by the

2.
rapporteur with the assistance of the General-Secretariat.

TITLE III

GENERAL PROVISIONS

CHAPTER I

Methods of voting

Article 56

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

1.
and abstentions.

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

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

3.
secret ballot.

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

Voting shall be by secret ballot where a majority of the

5.
members of the Committee so request.

Council, by the European Parliament or by the Commission, the
urgency procedure may be applied if the President finds that
this is necessary to enable the Committee to adopt its opinion
in good time.

2.
In cases of urgency at Committee level the President may,
immediately and without consulting the Bureau beforehand,
take all requisite steps to enable the Committee to carry out
inform the members of the Bureau of the
its work. He shall
steps which he takes.

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

Article 58

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

Article 59

1. Where the urgency results from the deadlines imposed on
a specialised section, the President of that section may, with the
agreement of the President of the Committee and in consul-
tation with the specialised section Bureau, organise the work of
the section otherwise than as provided in these Articles.

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

CHAPTER III

Absence and representation

Article 60

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

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

The acceptance by the rapporteur of an amendment shall

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

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

CHAPTER II

Urgency procedure and written procedure

Article 57

1. Where the urgency results
the
submission of its opinion imposed on the Committee by the

from a deadline for

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

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Article 61

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

No member may hold more than one delegated voting

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

Article 62

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

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

Article 65

Plenary sessions of the Committee and meetings of the

1.
specialised sections shall be public.

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

3.

Other meetings shall not be public.

Such proxies shall be valid solely for the meeting in

2.
respect of which they are issued.

Article 66

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

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

the work of

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

CHAPTER IV

CHAPTER V

Publication and distribution of Committee texts — admission
of the public

Article 63

1.
The Committee shall publish its opinions in the Official
Journal of the European Union in accordance with the procedure
laid down by the Council and the Commission after consul-
tation of the Committee Bureau.

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

Titles, privileges,

immunities and statute

of members,

quaestors

Article 67

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

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

Article 64

The Committee shall ensure the transparency of

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

its

Article 68

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

2.
The Secretary-General shall be responsible for taking the
measures necessary to guarantee the public's right of access to
the corresponding documents.

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

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Article 69

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

(a)

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

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

CHAPTER VII

Administration of the Committee

Article 71

(b) to draw up appropriate proposals
improving the members' statute;

for perfecting and

1.
The Committee shall be assisted by a secretariat headed by
a Secretary-General, who shall discharge his duties under the
direction of the President, representing the Bureau.

(c)

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

2.
The Secretary-General shall attend the meetings of the
Bureau in an advisory capacity and shall keep the minutes of
those meetings.

(d) to be responsible for relations between the members of the
Committee and the general-secretariat as regards application
of the members' statute.

CHAPTER VI

Termination of members’ tenure of office, incompatibilities

Article 70

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

Individual membership shall cease on resignation, on
force
functions

2.
removal
majeure or in the event of an incompatibility of
arising.

in the case of

through death,

from office,

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

the Committee of

Resignations shall be in writing and shall be addressed to

4.
the President of the Committee.

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

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

3.
He shall give a solemn undertaking, before the Bureau, to
discharge his duties conscientiously and with complete impar-
tiality.

taken by the assembly,

The Secretary-General shall be responsible for giving effect
4.
the Bureau and the
to decisions
President pursuant
to the Articles of Procedure; he shall
report in writing every three months to the President on the
criteria and arrangements which have been adopted or are
envisaged
organisational
for
problems and staff matters.

administrative

handling

or

The Secretary-General may delegate his powers within the

5.
limits decided by the President.

The Bureau, acting on a proposal

6.
from the Secretary-
General, shall draw up the establishment plan for the General-
Secretariat in such a way that it can ensure the efficient func-
tioning of the Committee and its constituent bodies and help
the members in the performance of their duties, in particular in
the organisation of meetings and the preparation of opinions.

Article 72 (2)

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

— with respect to the Secretary-General, by the Bureau,

— with respect to officials in grades 16, 15 and 14 of function
group AD, by the Bureau, acting on a proposal from the
Secretary-General, as regards application of Articles 13, 29,
30, 31, 32, 40, 41, 49, 50, 51, 78 and 90(1) of the Staff
Regulations; by the President, acting on a proposal from the
Secretary-General,
the other
provisions of the Staff Regulations, including Article 90(2),

regards application of

as

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— with respect to officials in grades 13, 12 and 11 of function
group AD, by the President, acting on a proposal from the
Secretary-General,

Article 73

1.

The President shall have a private secretariat.

— with respect to officials in the other grades of

function
group AD and all grades of function group AST, by the
Secretary-General.

The powers which the Conditions of Employment of
2.
Other Servants of
the Communities (CEOS) confer on the
authority competent to conclude contracts of service shall be
exercised as follows:

— with respect to temporary staff in grades 16, 15 and 14 of
function group AD, by the Bureau, as regards application of
Articles 11, 17, 33 and 48 of the CEOS; as regards the
other provisions of the CEOS, by the President, acting on
a proposal from the Secretary-General,

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

temporary staff,

the powers of

Article 74

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

The President of the Committee, acting in accordance with
2.
the Financial Regulation, shall implement or cause to be imple-
mented the statement of expenditure and revenue.

Article 75

— with respect to temporary staff in grades 13, 12 and 11 of
function group AD, by the President, acting on a proposal
from the Secretary-General,

Correspondence to the Committee shall be addressed to the
President or the Secretary-General.

— with respect

to temporary staff

in other grades of
function group and all grades of

administrators'
assistants' function group, by the Secretary-General,

the
the

CHAPTER VIII

General provisions

Article 76

— with respect to special advisers, and contract and local staff,

by the Secretary-General.

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

The Bureau, the President and the Secretary-General may

4.
delegate the powers vested in them by this Article.

5.
Decisions to delegate adopted in accordance with Article
72(4) above shall specify the scope of the powers delegated,
their limits and period of validity, as well as stating whether
they may be subdelegated.

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

Article 77

The Committee may decide by an absolute majority of its

1.
members that these Rules should be revised.

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

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

Article 78

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