European Parliament - Rules of Procedure 16th edition July 2004
Date: 2005-02-15
Institutions: European Parliament
Subjects: European Parliament, rules of procedure

15.2.2005

EN

Official Journal of the European Union

L 44/1

II

(Acts whose publication is not obligatory)

EUROPEAN PARLIAMENT

RULES OF PROCEDURE

16th edition

July 2004

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 201) are in italic script.

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Official Journal of the European Union

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CONTENTS

Page

TITLE I

MEMBERS, PARLIAMENT BODIES AND POLITICAL GROUPS . . . . . . . . . . . . . .

12

CHAPTER 1

MEMBERS OF THE EUROPEAN PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 1

Rule 2

Rule 3

Rule 4

Rule 5

Rule 6

Rule 7

Rule 8

Rule 9

The European Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Verification of credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Term of office of Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Privileges and immunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waiver of immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Payment of expenses and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 10

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

. . . . . .

CHAPTER 2

OFFICERS OF PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 11

Rule 12

Rule 13

Rule 14

Rule 15

Rule 16

Rule 17

Rule 18

Oldest Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nominations and general provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of President — opening address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of Vice-Presidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of Quaestors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Term of office of Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early termination of an office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3

BODIES AND DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 19

Rule 20

Rule 21

Rule 22

Rule 23

Rule 24

Rule 25

Duties of the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of the Vice-Presidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Composition of the Conference of Presidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Duties of the Quaestors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

12

12

12

13

14

14

14

15

15

15

16

16

16

16

16

16

16

17

17

17

17

17

17

18

18

18

19

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Rule 26

Rule 27

Rule 28

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

Conference of Delegation Chairmen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER 4

POLITICAL GROUPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 29

Rule 30

Rule 31

Rule 32

Formation of political groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Activities and legal situation of the political groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-attached Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation of seats in the Chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

19

19

19

19

19

20

20

TITLE II

LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES . . . . . . . . . . . . . . . . . . .

20

CHAPTER 1

LEGISLATIVE PROCEDURES — GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 33

Rule 34

Rule 35

Rule 36

Rule 37

Rule 38

Rule 39

Rule 40

Rule 41

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

Verification of legal basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Verification of financial compatibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access to documents and provision of information to Parliament . . . . . . . . . . . . . . . . . .

Representation of Parliament in Council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Consideration of legislative documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER 2

PROCEDURE IN COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 42

Rule 43

Rule 44

Rule 45

Rule 46

Rule 47

Rule 48

Legislative reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Non-legislative reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Own-initiative reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Opinions of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enhanced cooperation between committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drafting of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

20

20

20

21

21

21

21

22

22

23

23

23

23

23

23

24

24

CHAPTER 3

FIRST READING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

Committee stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 49

Modification of a Commission proposal

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

25

25

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Rule 50

Commission and Council position on amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

Plenary stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 51

Rule 52

Rule 53

Conclusion of first reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rejection of a Commission proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption of amendments to a Commission proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Follow-up procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 54

Rule 55

Rule 56

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

Renewed referral to Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conciliation procedure contained in the 1975 Joint Declaration . . . . . . . . . . . . . . . . . . . .

25

25

25

25

26

26

26

27

CHAPTER 4

SECOND READING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

Committee stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 57

Rule 58

Rule 59

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

Extension of time limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Referral to and procedure in the committee responsible . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plenary stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 60

Rule 61

Rule 62

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

Rejection of the Council's common position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to the Council's common position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

27

27

27

28

28

28

28

CHAPTER 5

THIRD READING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

Conciliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 63

Rule 64

Convening of Conciliation Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation to Conciliation Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plenary stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 65

Joint text

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

CHAPTER 6

CONCLUSION OF THE LEGISLATIVE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 66

Rule 67

Rule 68

First reading agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Second reading agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of adopted acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

29

29

29

29

30

30

30

30

CHAPTER 7

BUDGETARY PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Rule 69

Rule 70

Rule 71

Rule 72

General Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge to the Commission in respect of implementation of the budget . . . . . . . . .

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

Parliamentary control over implementation of the budget . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 8

INTERNAL BUDGETARY PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 73

Rule 74

Estimates of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to incur and settle expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 9

ASSENT PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 75

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

CHAPTER 10

ENHANCED COOPERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 76

Procedures in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 11

OTHER PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 77

Rule 78

Rule 79

Rule 80

Rule 81

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

Procedures relating to dialogue between management and labour . . . . . . . . . . . . . . . . . .

Procedures relating to scrutiny of voluntary agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Codification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER 12

TREATIES AND INTERNATIONAL AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 82

Rule 83

Rule 84

Accession treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 . . . . . . . . . .

CHAPTER 13

EXTERNAL REPRESENTATION OF THE UNION AND COMMON FOREIGN AND
SECURITY POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 85

Rule 86

Rule 87

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

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 88

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

31

31

31

31

31

32

32

32

32

33

33

33

33

33

33

33

34

34

34

34

35

35

35

35

35

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Rule 89

Rule 90

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

Recommendations within the framework of the common foreign and security
policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 91

Breach of human rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

36

36

CHAPTER 14

POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS . . . . . . . . . . . . . . . .

37

Rule 92

Rule 93

Rule 94

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

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

CHAPTER 15

BREACH BY A MEMBER STATE OF FUNDAMENTAL PRINCIPLES . . . . . . . . . . . . . . . . .

Rule 95

Determination of a breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE III

TRANSPARENCY OF BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 96

Rule 97

Transparency of Parliament's activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public access to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

37

37

37

37

38

38

38

TITLE IV

RELATIONS WITH OTHER BODIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

CHAPTER 1

APPOINTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 98

Rule 99

Rule 100

Rule 101

Rule 102

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

CHAPTER 2

STATEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 103

Rule 104

Rule 105

Rule 106

Rule 107

Statements by the Commission, Council and European Council . . . . . . . . . . . . . . . . . . . .

Statements explaining Commission decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statements by the Court of Auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statements by the European Central Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recommendation on the broad guidelines of economic policies . . . . . . . . . . . . . . . . . . . .

CHAPTER 3

QUESTIONS TO THE COUNCIL, THE COMMISSION AND THE EUROPEAN
CENTRAL BANK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 108

Rule 109

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

Question Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

39

39

40

40

40

40

40

41

41

41

41

41

41

42

15.2.2005

EN

Official Journal of the European Union

L 44/7

Rule 110

Rule 111

Questions for written answer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER 4

REPORTS OF OTHER INSTITUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 112

Annual reports and other reports of other institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 5

RESOLUTIONS AND RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 113

Rule 114

Rule 115

Rule 116

Rule 117

Rule 118

Rule 119

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 European Economic and Social Committee . . . . . . . . . . . . . . . . . . . .

Consultation of the Committee of the Regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requests to European agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 6

INTERINSTITUTIONAL AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 120

Interinstitutional agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 7

REFERRALS TO THE COURT OF JUSTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 121

Rule 122

TITLE V

Rule 123

Rule 124

Rule 125

Proceedings before the Court of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

RELATIONS WITH NATIONAL PARLIAMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exchange of information, contacts and reciprocal facilities . . . . . . . . . . . . . . . . . . . . . . . . . .

Conference of European Affairs Committees (COSAC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conference of Parliaments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

42

43

43

43

43

43

44

44

45

45

45

45

45

46

46

46

46

46

46

46

TITLE VI

SESSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

CHAPTER 1

SESSIONS OF PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 126

Parliamentary term, sessions, part-sessions, sittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 127

Convening of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 128

Venue of sittings and meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 129

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

47

47

47

47

47

CHAPTER 2

ORDER OF BUSINESS OF PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

L 44/8

EN

Official Journal of the European Union

15.2.2005

Rule 130

Rule 131

Rule 132

Rule 133

Rule 134

Rule 135

Rule 136

Draft agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure in plenary without amendment and debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adopting and amending the agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Urgent procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER 3

GENERAL RULES FOR THE CONDUCT OF SITTINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 137

Rule 138

Rule 139

Rule 140

Rule 141

Rule 142

Rule 143

Rule 144

Rule 145

Rule 146

Rule 147

Rule 148

Access to the Chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Distribution of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Calling speakers and content of speeches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation of speaking time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

One-minute speeches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Order in the Chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

CHAPTER 4

QUORUM AND VOTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 149

Rule 150

Rule 151

Rule 152

Rule 153

Rule 154

Rule 155

Rule 156

Rule 157

Rule 158

Rule 159

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

Tabling and moving amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admissibility of amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tied votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Order of voting on amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committee consideration of plenary amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Split voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

48

48

48

48

49

49

49

49

49

49

50

50

50

50

51

51

51

51

51

51

52

52

52

52

53

53

53

54

54

54

55

55

15.2.2005

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Official Journal of the European Union

L 44/9

Rule 160

Rule 161

Rule 162

Rule 163

Rule 164

Voting by roll call

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

Electronic voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting by secret ballot

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

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

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

CHAPTER 5

INTERRUPTIVE AND PROCEDURAL MOTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 165

Rule 166

Rule 167

Rule 168

Rule 169

Rule 170

Rule 171

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

Points of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Adjournment of a debate and vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER 6

PUBLIC RECORD OF PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 172

Rule 173

Minutes (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Verbatim reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

55

55

55

56

56

56

56

57

57

57

57

57

58

58

58

TITLE VII

COMMITTEES AND DELEGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

CHAPTER 1

COMMITTEES — SETTING UP AND POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 174

Rule 175

Rule 176

Rule 177

Rule 178

Rule 179

Rule 180

Rule 181

Rule 182

Setting up of standing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Setting up of temporary committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Composition of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Substitutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committee responsible for the verification of credentials . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committee bureaux . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2

COMMITTEES — FUNCTIONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 183

Committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

58

58

59

60

60

61

61

61

61

62

62

(1)

For committee meetings see Rule 184.

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Rule 184

Rule 185

Rule 186

Rule 187

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

Voting in committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions concerning plenary sittings applicable in committee . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER 3

INTERPARLIAMENTARY DELEGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 188

Rule 189

Rule 190

Setting up and duties of interparliamentary delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cooperation with the Parliamentary Assembly of the Council of Europe . . . . . . . . . . .

Joint parliamentary committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE VIII

PETITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 191

Rule 192

Rule 193

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

Examination of petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE IX

OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 194

Rule 195

Rule 196

TITLE X

Rule 197

TITLE XI

Rule 198

Rule 199

Rule 200

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

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

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

PARLIAMENT'S SECRETARIAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Secretariat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

POWERS AND RESPONSIBILITIES RELATING TO POLITICAL PARTIES AT
EUROPEAN LEVEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers and responsibilities of the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers and responsibilities of the Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers and responsibilities of the committee responsible and of Parliament's plenary

TITLE XII

APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE . . . . . .

Rule 201

Rule 202

Application of the Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62

62

62

62

63

63

63

63

64

64

64

65

65

65

65

66

66

66

66

66

66

67

67

67

68

TITLE XIII

MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

Rule 203

Unfinished business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

Rule 204

Arrangement of annexes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

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ANNEX I

Provisions governing the application of Rule 9(1) — Transparency and Members'
financial interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

ANNEX II

Conduct of Question Time under Rule 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71

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 115 . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IV

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

ANNEX V

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

74

75

80

ANNEX VI

Powers and responsibilities of standing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

ANNEX VII

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

92

ANNEX VIII

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

98

ANNEX IX

Provisions governing the application of Rule 9(2) — Lobbying in Parliament . . . . . .

101

ANNEX X

Performance of the Ombudsman's duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103

ANNEX XI

Prevention of
to the
Communities' interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

fraud, corruption and any illegal activity detrimental

113

ANNEX XII

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

116

ANNEX XIII

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

118

ANNEX XIV

Timetable for the Commission's legislative and work programme . . . . . . . . . . . . . . . . . .

127

ANNEX XV

List of Parliament documents directly accessible through the register . . . . . . . . . . . . . . .

128

ANNEX XVI

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

132

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MEMBERS, PARLIAMENT BODIES AND POLITICAL GROUPS

TITLE I

CHAPTER 1

MEMBERS OF THE EUROPEAN PARLIAMENT

Rule 1

The European Parliament

1. The European Parliament is the assembly elected pursuant
to the Treaties, the Act of 20 September 1976 concerning the
election of the members of the European Parliament by direct
universal suffrage and national legislation deriving from the
Treaties.

Persons elected to the European Parliament shall be

2.
referred to as:

‘Diputados al Parlamento Europeo’ in Spanish,

‘Poslanci Evropského parlamentu’ in Czech,

‘Medlemmer af Europa-Parlamentet’ in Danish,

‘Mitglieder des Europäischen Parlaments’ in German,

‘Euroopa Parlamendi liikmed’ in Estonian,

‘Βoυλευτές τoυ Ευρωπαϊκoύ Κoιvoβoυλίoυ’ in Greek,

‘Members of the European Parliament’ in English,

‘Députés au Parlement européen’ in French,

‘Deputati al Parlamento europeo’ in Italian,

‘Eiropas Parlamenta deputāti’ in Latvian,

‘Europos Parlamento nariai’ in Lithuanian,

‘Európai Parlamenti Képviselők’ in Hungarian,

‘Membru tal-Parlament Ewropew’ in Maltese,

‘Leden van het Europees Parlement’ in Dutch,

‘Posłowie do Parlamentu Europejskiego’ in Polish,

‘Deputados ao Parlamento Europeu’ in Portuguese,

‘Poslanci Európskeho parlamentu’ in Slovak,

‘Poslanci Evropskega parlamenta’ in Slovene,

‘Euroopan parlamentin jäsenet’ in Finnish,

‘Ledamöter av Europaparlamentet’ in Swedish.

Rule 2

The independent mandate

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

Rule 3

Verification of credentials

1. On the basis of a report by the committee responsible,
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 together with their
ranking in
accordance with the results of the vote.

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 7 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.

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 4(3).

4. The committee shall ensure that any information which
may affect the performance of the duties of a Member of the
European Parliament or the ranking of
the substitutes is
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.

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the Member States
Should the competent authorities of
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
procedure. He shall
to the committee
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 4

Term of office of Members

1. A Member's term of office shall begin and end as laid
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.

3. A Member who resigns shall notify the President of his
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.

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.

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
established,
the political group to which the resigning Member
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:

— either to inform the President on behalf of the committee that

the vacancy may be established,

— 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
the President shall
Member of
there is a
inform Parliament, which shall establish that
vacancy.

the European Parliament,

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

refer

6. The following shall be considered as the date of the end of
the term of office and the effective date of a vacancy:

— in the event of resignation: the date on which the vacancy
in accordance with the

is established by Parliament,
notification of resignation;

— 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 7 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,

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.

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

Rule 7

Procedures on immunity

Rule 5

Privileges and immunities

1. Members shall enjoy privileges and immunities in
accordance with the Protocol on the Privileges and Immunities
of the European Communities.

2.
Passes to allow Members 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 to this rule for
the handling of
documents to which public access may be refused pursuant to
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 (2)
shall be laid down in Annex VII to these Rules of Procedure.

Rule 6

Waiver of 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.

2. The committee shall make a proposal for a decision which
simply recommends the adoption or rejection of the request
for the waiver of immunity or for the defence of immunity
and privileges.

3. The committee may ask the authority concerned to
provide any information or explanation which the committee
to form an opinion on whether
deems necessary for it
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.

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.

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

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

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.

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.

The Member or former Member may be represented by another
Member. The request may not be made by another Member without
the agreement of the Member concerned.

4. As a matter of urgency, in circumstances where a Member
is arrested or has his freedom of movement curtailed in
apparent breach of his privileges and immunities,
the
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.

(2) OJ L 145, 31.5.2001, p. 43.

— 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,

— the Member

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

In cases concerning the defence of

6.
immunity or
privileges, the committee shall state whether the circum-
stances 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.

7. The committee may offer a reasoned opinion about the
competence of
the
the request, but shall not, under any
admissibility of
circumstances, pronounce on the guilt or otherwise of the

the authority in question and about

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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.

Rule 9

Code of conduct

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.

Parliament may lay down a code of conduct for its
1.
Members. The code shall be adopted pursuant to Rule 202(2)
and attached to these Rules of Procedure as an annex (3).

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

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.

Without prejudice to Rule 145, 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.

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

that

9. The President shall
immediately communicate Parlia-
ment's decision to the Member concerned and to the
competent authority of the Member State concerned, with a
request
the President should be informed of 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.

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

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.

In return, these persons shall be required to:

— respect the code of conduct published as an annex to the

Rules of Procedure (4),

— sign a register kept by the Quaestors.

This register shall be made available to the public on request in
all of Parliament's places of work and, in the form laid 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 (5).

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

11. The committee shall treat these matters and handle any
documents received with the utmost confidentiality.

Rule 10

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

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.

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

The common rules laid down in the Interinstitutional
Agreement of 25 May 1999 concerning internal investigations
by the European Anti-Fraud Office (OLAF) comprising the
measures needed to facilitate the smooth running of
investigations conducted by the Office shall be applicable
to the Parliament Decision
within Parliament, pursuant
P r o c e d u r e ( 6 ) .
t o
a n n e x e d

t h e s e R u l e s o f

Rule 8

Payment of expenses and allowances

The Bureau shall lay down rules governing the payment of
expenses and allowances to Members.

(3)
(4)
(5)
(6)

See Annex I.
See Annex IX.
See Annex IX.
See Annex XI.

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CHAPTER 2

OFFICERS OF PARLIAMENT

Rule 11

Oldest Member

Rule 14

Election of Vice-Presidents

1. At the sitting provided for under Rule 127(2), and at any
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 12

Nominations and general provisions

1. The President, Vice-Presidents and Quaestors shall be
elected by secret ballot, in accordance with the provisions of
Rule 162. Nominations shall be with consent. They may only
be made by a political group or by at least 37 Members.
However, if the number of nominations does not exceed the
number of seats to be filled, the candidates may be elected by
acclamation.

In the election of

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

1. The Vice-Presidents shall then be elected on a single ballot
paper. Those who on the first ballot, up to the number of 14,
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 13(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.

Subject

2.
the Vice-
to the provisions of Rule 17(1),
Presidents shall take precedence in the order in which they
were elected and, in the event of a tie, by age.

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 15

Election of Quaestors

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

Rule 13

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

Election of President — opening address

Rule 16

1. The President shall be elected first. Nominations shall be
handed before each ballot to the oldest Member, who shall
announce them to Parliament.
three ballots no
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

Term of office of Officers

1. The term of office of the President, Vice-Presidents and
Quaestors shall be two and a half years.

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

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.

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Rule 17

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 take the place of his
predecessor in the order of precedence.

2.
Should the President's seat become vacant, the first Vice-
President shall act as President until a new President is elected.

Rule 18

Early termination of an office

the votes cast, representing at

The Conference of Presidents may, acting by a majority of
three
three-fifths of
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
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 two-thirds of the votes cast,
representing a majority of its component Members.

CHAPTER 3

BODIES AND DUTIES

Rule 19

Rule 20

Duties of the President

Duties of the Vice-Presidents

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 155(7), the President may seek the
agreement of Parliament before doing so.

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.

3. The President may speak in a debate only to sum up or 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.

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 14(2).

2. The Vice-Presidents shall also carry out
the duties
conferred upon them under Rule 22 and Rules 24(3) and
64(3).

3. The President may delegate to the Vice-Presidents any
duties such as representing Parliament at specific ceremonies
or acts. In particular, the President may designate a Vice-
President to take charge of the responsibilities conferred on
the President in Rules 109(3) and 110(2).

Rule 21

Composition of the Bureau

1. The Bureau shall consist of the President and the 14 Vice-
Presidents of Parliament.

2. The Quaestors shall be members of the Bureau in an
advisory capacity.

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 voting in the Bureau result in a tie, the President

3.
shall have a casting vote.

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Rule 22

Duties of the Bureau

1. The Bureau shall carry out the duties assigned to it under
the Rules of Procedure.

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

3. The Bureau shall take decisions on matters relating to the
conduct of sittings.

4. The Bureau shall adopt the provisions referred to in Rule
31 concerning non-attached Members.

5. The Bureau shall decide the establishment plan of the
Secretariat and lay down regulations relating to the admin-
istrative and financial situation of officials and other servants.

6. The Bureau shall draw up Parliament's preliminary draft
estimates.

7. The Bureau shall adopt the guidelines for the Quaestors
pursuant to Rule 25.

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

Where such meetings are authorised, the language arrange-
ments shall be determined on the basis of
the official
languages used and requested by the members and substitutes
of the committee concerned.

The same shall apply in the case of the delegations, except
where the members and substitutes concerned agree
otherwise.

9. The Bureau shall appoint the Secretary-General pursuant
to Rule 197.

10. The Bureau shall
lay down the implementing rules
relating to Regulation (EC) No 2004/2003 of the European
Parliament and of the Council of 4 November 2003 on the
regulations governing political parties at European level and
the rules regarding their funding (7) and shall, in implementing
that Regulation, assume the tasks conferred upon it by these
Rules of Procedure.

11. 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 President and/or the
Bureau. At the same time the ways and means of carrying
them out shall be laid down.

12. When a new Parliament is elected, the outgoing Bureau
the new
shall remain in office until
Parliament.

the first sitting of

(7) OJ L 297, 15.11.2003, p. 1.

Rule 23

Composition of the Conference of Presidents

1. The Conference of Presidents shall consist of the 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.

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.

3. The Conference of Presidents shall endeavour to reach a
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.

Rule 24

Duties of the Conference of Presidents

1. The Conference of Presidents shall carry out the duties
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.

3. The Conference of Presidents 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
implementation of the relations with national parliaments.
They shall
report back regularly to the Conference of
Presidents on their activities in this regard.

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

5. The Conference of Presidents shall draw up the draft
agenda of Parliament's part-sessions.

6. The Conference of Presidents shall be the authority
responsible for the composition and competence of commit-
tees, committees of inquiry and joint parliamentary commit-
tees, standing delegations and ad hoc delegations.

7. The Conference of Presidents shall decide how seats in the
Chamber are to be allocated pursuant to Rule 32.

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

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
financial matters directly concerning Members, pursuant to
guidelines laid down by the Bureau.

Rule 26

Conference of Committee Chairmen

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

2. The Conference of Committee Chairmen may make
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 and the Conference of
Presidents

the Bureau and the Conference of
1. The minutes 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
reasons of
Conference of Presidents exceptionally,
confidentiality, as laid down in Article 4(1)
to (4) of
Regulation (EC) No 1049/2001, decides otherwise with regard
to certain items of the minutes.

for

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 30 days of
tabling, together with the answers given.

CHAPTER 4

POLITICAL GROUPS

Rule 29

Formation of political groups

5. The statement shall be published in the Official Journal of
the European Union.

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

Rule 30

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.

2. A political group shall comprise Members elected in at
least one-fifth of the Member States. The minimum number of
Members required to form a political group shall be 19.

3. A Member may not belong to more than one political
group.

Activities and legal situation of the political groups

1. The political groups shall carry out their duties as part of
the activities of the Union, including the tasks allocated to
them by the Rules of Procedure. The political groups shall be
provided with a secretariat on the basis of the establishment
the Secretariat, administrative facilities and the
plan of
appropriations entered for
that purpose in Parliament's
budget.

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.

2. The Bureau shall
lay down the rules relating to the
provision, implementation and monitoring of those facilities
and appropriations, as well as to the related delegations of
budget implementation powers.

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3. Those rules shall determine the administrative and
financial consequences in the event of the dissolution of a
political group.

Rule 31

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 the Bureau on a proposal from the Secretary-
General.

2. The Bureau shall also determine the status and parlia-
mentary rights of such Members.

3. The Bureau shall also lay down the rules relating to the
provision,
implementation and auditing of appropriations
entered in Parliament's budget to cover secretarial expenses
and administrative facilities of non-attached Members.

Rule 32

Allocation of seats in the Chamber

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.

TITLE II

LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES

CHAPTER 1
LEGISLATIVE PROCEDURES — GENERAL PROVISIONS

Rule 33

Commission's legislative and work programme

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.

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 legislative and work programme in
accordance with the timetable and arrangements agreed
between the two institutions and annexed to these Rules of
Procedure (8).

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.

The President shall ask the Council to express an opinion on
legislative programme as well as
the Commission's annual
Parliament's resolution.

Rule 34

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
financial
resources are provided.

shall establish whether

sufficient

Rule 35

Verification of legal basis

(8)

See Annex XIV.

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

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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 37

Access to documents and provision of information to
Parliament

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.

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.

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

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 38

Representation of Parliament in Council meetings

6.
If the Commission does not agree to modify its proposal
to conform to the legal basis approved by Parliament, the
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.

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

rapporteur of

Rule 36

Rule 39

Verification of financial compatibility

Initiative pursuant to Article 192 of the EC Treaty

1. Without prejudice to Rule 40, 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.

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

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

2. Before initiating the procedure under Rule 45,
the
committee responsible shall establish, in the following cases,
that no such proposal is under preparation:

(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
requests either
from the committee responsible or
contained in resolutions adopted by Parliament with a
majority of the votes cast.

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Parliament's resolution shall indicate the appropriate legal
3.
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. Rules 42, 43 and 46, Rule 51(1) and (3) and Rules 52, 53
and 168 shall not apply during the second and third readings.

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

indicate how sufficient

financial

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 41

Rule 40

Consideration of legislative documents

Consultation on initiatives originating from a Member
State

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

In case of doubt the President may apply Rule 179(2) prior to
the announcement in Parliament of referral to the committee
responsible.

Where a proposal is listed in the annual legislative programme
the committee responsible may decide to appoint a rapporteur
to follow the preparatory phase of the proposal.

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

The provisions for the first reading as set out in Rules 34 to
37, 49 to 56 and 66 shall apply to legislative proposals
whether they require one, two or three readings.

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 57 to
62 and 67 shall apply to common positions.

1.
Initiatives originating from a Member State pursuant to
Article 67(1) of the EC Treaty or Article 34(2) and Article 42
of the EU Treaty shall be dealt with pursuant to this Rule and
to Rules 34 to 37, 40 and 51.

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.

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

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 63, 64
and 65 shall apply to the conciliation procedure.

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.

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CHAPTER 2

PROCEDURE IN COMMITTEE

Rule 42

Legislative reports

4. The first and second sentences of paragraph 1, the first,
second and third sentences of paragraph 2 and paragraph 3
shall apply, mutatis mutandis, to committee opinions within the
meaning of Rule 46.

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 43 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 33.

3. The committee's report shall comprise:

Rule 44

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.

2. The rapporteur shall be responsible for preparing the
committee's report and for presenting it to Parliament on
behalf of the committee.

(a)

(b)

(c)

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;

3. The committee's report shall comprise:

(a)

a motion for a resolution;

a draft
Rule 51(2);

legislative resolution,

in accordance with

if appropriate, an explanatory statement
including a
financial statement which establishes the magnitude of
any financial impact of the report and its compatibility
with the financial perspective.

(b)

an explanatory statement including a financial statement
which establishes the magnitude of any financial impact
of the report and its compatibility with the financial
perspective;

(c)

the texts of any motions for resolutions to be included
under Rule 113(4).

Rule 43

Simplified procedure

Rule 45

Own-initiative reports

1.
Following a first discussion of a legislative proposal, the
chairman may propose that it be approved without amend-
the
ment. Unless at
committee object, the chairman shall present to Parliament a
report approving the proposal. The second subparagraph of
Rule 131(1) and Rule 131(2) and (4) shall apply.

least one-tenth of

the members of

If

2. The chairman may alternatively propose that he or the
rapporteur draft a set of amendments
reflecting the
committee's discussion.
the committee so agrees, 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 21
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
to the
submitted to Parliament without debate pursuant
second subparagraph of Rule 131(1) and Rule 131(2) and (4).

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 179(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.

In such cases,
decision within two months.

the Conference of Presidents shall

take a

Rule 46

Opinions of committees

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.

Should the committee to which a question was first
1.
referred wish to hear the views of another committee, or

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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 that,
in
accordance with Rule 179(3), one committee be named as the
committee responsible and the other as the committee asked
for an opinion.

2.
In the case of documents of a legislative nature within the
meaning of Rule 40(1), the opinion shall consist of draft
amendments to the text referred to the committee accom-
panied, if appropriate, by short justifications. Such justifica-
tions 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.

— the rapporteur and the draftsman shall endeavour to
agree on the texts they propose to their committees and
on their position regarding amendments,

— 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.

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 wording of this Rule does not lay down any limits to its scope.
Requests for enhanced cooperation between parliamentary committees
concerning non-legislative reports based on Rules 45(1) and 112(1)
and (2) are admissible.

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.

3. The committee responsible shall 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 by the committee responsible to the commit-
tee(s) asked for an opinion. The committee responsible shall
not reach its final conclusions before that time limit has
expired.

4. All adopted opinions shall be annexed to the report of the
committee responsible.

5. Only the committee responsible may table amendments
in Parliament.

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 the committee responsible, insofar as these
relate to the matter of common concern.

Rule 48

Drafting of reports

1. The explanatory statement shall be the responsibility of
the rapporteur and shall not be put to the vote. 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.

2. The report shall state the result of the vote taken on the
report as a whole. In addition,
if at least one-third of the
members present so request when the vote is taken, the report
shall indicate how each member voted.

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.

Rule 47

The chairman shall settle any disputes which may arise as a
result of the application of these provisions.

Enhanced cooperation between committees

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 46 shall
apply with the following additional provisions:

— the timetable shall be jointly agreed by the two

committees,

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.

5. Once the deadline has expired,
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.

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CHAPTER 3

FIRST READING

Committee stage

Rule 49

Modification of a Commission proposal

If

the Commission informs Parliament or

the
1.
if
the
committee responsible becomes otherwise aware that
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.

legislative resolution, the proposal shall be referred back to the
committee responsible.

All reports tabled under the legislative procedure should conform to
the provisions of Rules 35, 40 and 42. Any non-legislative motion
for a resolution tabled by a committee should be in accordance with
the referral procedures provided for in Rule 45 or 179.

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.

If the Council substantially modifies the Commission

2.
proposal, the provisions of Rule 55 shall apply.

Rule 52

Rule 50

Rejection of a Commission proposal

Commission and Council position on amendments

1. Before the committee responsible proceeds to the final
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.

it shall

request

2.
If the Commission is not in a position to make such a
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.

If appropriate, the position of the Commission shall be

3.
included in the report.

Plenary stage

Rule 51

Conclusion of first reading

Parliament shall examine the legislative proposal on the
1.
basis of the report drawn up by the committee responsible
pursuant to Rule 42.

Parliament shall first vote on the amendments to the
2.
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
contain only a statement as to whether Parliament approves,
rejects or proposes amendments to the Commission's
proposal and any procedural requests.

1.
If a Commission proposal fails to secure a majority of the
votes cast, the President shall, before Parliament votes on the
draft legislative resolution, request the Commission to with-
draw the proposal.

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

If

3.
the Commission does not withdraw its proposal,
Parliament shall refer the matter back to the committee
responsible without voting on the draft legislative resolution.

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

4.
the
deadline, it shall request referral back to committee pursuant
to Rule 168(1). If necessary, Parliament may set a new time
limit pursuant to Rule 168(5). If the committee's request is not
accepted, Parliament shall move to the vote on the draft
legislative resolution.

Rule 53

Adoption of amendments to a Commission proposal

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 consultation procedure is concluded if the draft legislative
the
resolution is adopted.

If Parliament does not adopt

If the Commission is not in a position to make such a
statement at the end of Parliament's vote on its proposal, it

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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.

2. Where the Commission announces that 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

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 52(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.

3. Application of paragraph 2 does not preclude a request
for referral being tabled by other Members pursuant
to
Rule 168.

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.

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
in
reconsidering provisions which received a favourable vote
Parliament.

that

in view of

In such cases,
the only admissible
the fact
amendments from the committee are those 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.

Follow-up procedure

Rule 54

Follow-up to Parliament's opinion

In the period following the adoption by Parliament of its
1.
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
to its amendments are properly
Parliament with respect
observed.

2. The committee responsible may invite the Commission
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:

— call upon the Commission to withdraw its proposal, or

— call upon the Commission or the Council to refer the
matter to Parliament once again pursuant to Rule 55, or
upon the Commission to present a new proposal, or

— decide to take such other action as it deems appropriate.

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

Rule 55

Renewed referral to Parliament

C o d e c i s i o n p r o c e d u r e

the committee
1. The President shall, at the request of
responsible, ask the Commission to refer its proposal again to
Parliament

— 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

— 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

— where,

through the passage of

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

— where new elections to Parliament have taken place since
it adopted its position, and the Conference of Presidents
considers it desirable.

the request of

Parliament shall, at

2.
the committee
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.

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O t h e r p r o c e d u r e s

Rule 56

3. At the request of the committee responsible, the President
shall call on the Council to reconsult Parliament in the same
circumstances and under the same conditions as 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 37 Members.

Conciliation procedure contained in the 1975 Joint
Declaration

in the case of certain important Community
1. Where,
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.

2. This procedure shall be initiated by Parliament, either at
its own or at the Council's initiative.

3.
For the composition and procedure of the delegation to
the conciliation committee and the reporting of the results to
Parliament, Rule 64 shall apply.

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

CHAPTER 4

SECOND READING

Committee stage

Rule 58

Rule 57

Extension of time limits

Communication of the Council's common position

the Council's common position
1. Communication of
pursuant to Articles 251 and 252 of the EC Treaty takes
place when it is announced by the President in Parliament. The
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
translated into the official languages of the European Union.
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 55 do not apply. Failing
this, the President, together with the committee responsible and,
where possible,
in agreement with the Council, shall seek an
appropriate solution.

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

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.

2. The President shall notify Parliament of any extension of
time limits pursuant to Article 251(7) of
the EC Treaty,
whether at the initiative of Parliament or of the Council.

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

Rule 59

Referral to and procedure in the committee responsible

2. A list of such communications shall be published in the
the
minutes of
committee responsible.

the sitting together with the name of

1. On the day of its communication to Parliament pursuant
to Rule 57(1), the common position shall be deemed to have

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been referred automatically to the committee responsible and
to the committees asked for their opinion at first reading.

Rule 61

2. The common position shall be entered as the first item on
the agenda of the first meeting of the committee responsible
following the date of its communication. The Council may be
invited to present the common position.

3. Unless otherwise decided, the rapporteur during second
reading shall be the same as during first reading.

Rejection of the Council's common position

1. The committee responsible, a political group or at least 37
Members may, in writing and before a deadline set by the
President, table a proposal to reject 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.

4. The provisions for Parliament's second reading in Rule 62
(2), (3) and (5) shall apply to the proceedings in the committee
responsible; only members or permanent substitutes of that
committee may table proposals for rejection and amendments.
The committee shall decide by a majority of the votes cast.

2. Notwithstanding a vote by Parliament against the initial
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
62(5).

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 pre-
sent. The rapporteur may table compromise amendments
following such discussion.

6. The committee responsible shall submit a recommenda-
tion 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.

Plenary stage

Rule 60

Conclusion of second reading

1. The Council's common position and, where available, the
recommendation for second reading of
the committee
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 58, of four months, unless
the matter has been dealt with at an earlier part-session.

The recommendations for second readings submitted by parliamen-
tary 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.

2. The second reading shall be concluded when Parliament
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.

3.
If the common position of the Council is rejected, the
President shall announce in Parliament that the legislative
procedure is closed.

4. By way of derogation from paragraph 3, if a rejection by
Parliament falls under the provisions of Article 252 of the EC
the Commission to
Treaty,
withdraw its proposal.
the
President shall announce in Parliament that the legislative
procedure is closed.

the Commission does so,

the President shall

request

If

Rule 62

Amendments to the Council's common position

1. The committee responsible, a political group or at least 37
Members may table amendments to the Council's common
position for consideration in Parliament.

2. An amendment
to the common position shall be
admissible only if it conforms to the provisions of Rules
150 and 151 and seeks:

(a)

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

(b)

to reach a compromise between the Council and
Parliament; or

(c)

to amend a part of the text of a common position which
was not included in — or differs in content from — the
proposal submitted in first reading and which does not
amount to a substantial change within the meaning of
Rule 55; or

(d)

to take account of a new fact or legal situation which has
arisen since the first reading.

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

4. An amendment shall be adopted only if it secures the
votes of a majority of the component Members of Parliament.

3.
If new elections have taken place since the first reading,
but Rule 55 has not been invoked, the President may decide to
waive the restrictions on admissibility laid down in para-
graph 2.

5. Before voting on the amendments, the President may ask
the Commission to state its position and the Council to
comment.

CHAPTER 5

THIRD READING

Conciliation

Rule 63

Convening of Conciliation Committee

Where the Council informs Parliament that it is unable to
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.

Rule 64

Delegation to Conciliation Committee

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

6. The delegation shall be led by the President or by one of
the three permanent members.

7. The delegation shall decide by a majority of its members.
Its deliberations shall not be public.

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

shall

8. The results of the conciliation shall be reported by the
delegation to Parliament.

Plenary stage

Rule 65

Joint text

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

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.

3. The members of the delegation shall be appointed by the
political groups for each particular conciliation case, pre-
ferably from among the members of
the committees
concerned, except for three members who shall be appointed
as permanent members of successive delegations for a period
of 12 months. The three permanent members shall be
appointed by the political groups from among the Vice-
Presidents and shall represent at least two different political
groups. The chairman and the rapporteur of the committee
responsible in each particular case shall be members of the
delegation.

4. The political groups represented on the delegation shall
appoint substitutes.

5.
Political groups and non-attached Members not repre-
sented on the delegation may each send one representative to
any internal preparatory meeting of the delegation.

2. The chairman or another designated Member of Parlia-
ment's delegation to the Conciliation Committee shall make a
statement on the joint text, which shall be accompanied by a
report.

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.

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CHAPTER 6

CONCLUSION OF THE LEGISLATIVE PROCEDURE

Rule 66

First reading agreement

2. Acts adopted jointly by Parliament and the Council in
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.

1. Where, pursuant to Article 251(2) of the EC Treaty, the
Council has informed Parliament that 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.

3. Acts adopted jointly by Parliament and the Council shall
contain the following:

(a)

‘The European Parliament and the Council of
European Union’;

the

2. Before making this announcement, 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
Council that Parliament will proceed to a second reading as
soon as the conditions laid down in Rule 57 are fulfilled.

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 68.

Rule 67

Second reading agreement

Where no motion to reject the common position, and no
amendments to the common position, are adopted under
Rules 61 and 62 within the time limits set for tabling and
voting on amendments or proposals to reject, the President
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
68.

Rule 68

Signature of adopted acts

(b)

a reference to the provisions under which the act is
adopted, preceded by the words ‘Having regard to’;

(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 ‘Whereas’;

(e)

a phrase such as ‘have adopted this Regulation’ or ‘have
adopted this Directive’ or ‘have adopted this Decision’ or
‘have decided as follows’, followed by the body of the act.

4. Acts shall be divided into articles, if appropriate grouped
into chapters and sections.

5. The last article of an act shall specify the date of entry into
force, where that date is before or after the 20th day following
publication.

6. The last article of an act shall be followed by:

— the appropriate formulation, according to the relevant

provisions of the Treaty, as to its applicability,

— ‘Done at...’, followed by the date on which the act was

adopted,

— ‘For the European Parliament The President’,

‘For the
Council The President’, followed by the name of the
President of Parliament and of the President-in-Office of
the Council when the act is adopted.

1. The text of acts adopted jointly by Parliament and the
Council shall be signed by the President and by the Secretary-
General, once it has been verified that all the procedures have
been duly completed.

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.

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CHAPTER 7

BUDGETARY PROCEDURES

Rule 69

General Budget

the General
Implementing procedures for examination of
Budget of the European Union and supplementary budgets, in
accordance with the financial provisions of
the Treaties
establishing the European Communities, shall be adopted by
resolution of Parliament and annexed to these Rules (9).

Rule 70

Discharge to the Commission in respect of
implementation of the budget

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 (10). This annex shall be
adopted pursuant to Rule 202(2).

Rule 71

Other discharge procedures

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

— the procedure for discharge to the President of

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

the implementation of

— the procedure for discharge to the persons responsible
for
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 European Economic
and Social Committee and the Committee of
the
Regions,

— the procedure for discharge to the Commission in respect
of the implementation of the budget of the European
Development Fund,

— the procedure for discharge to the bodies responsible for
legally independent
the budgetary management of
entities which carry out Community tasks,
insofar as
their activities are subject to legal provisions requiring
discharge by the European Parliament.

Rule 72

Parliamentary control over implementation of the budget

Parliament shall monitor

the
1.
current year's budget.
this task to the
committees responsible for the budget and budgetary control
and the other committees concerned.

the implementation of

It shall entrust

2.
Each year it shall consider, before the first reading of the
draft budget for the following financial year, the problems
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 8

INTERNAL BUDGETARY PROCEDURES

Rule 73

Estimates of Parliament

2. The President shall
forward the preliminary draft
estimates to the committee responsible, which shall draw up
the draft estimates and report to Parliament.

1. The Bureau shall draw up the preliminary draft estimates
on the basis of a report prepared by the Secretary-General.

3. The President shall set a time limit for the tabling of
amendments to the draft estimates.

(9)
(10)

See Annex IV.
See Annex V.

The committee responsible shall give its opinion on these
amendments.

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4.

Parliament shall adopt the estimates.

Rule 74

5. The President
shall
Commission and Council.

forward the estimates

to the

6. The foregoing provisions shall also apply to supplemen-
tary estimates.

Power to incur and settle expenditure

1. The President shall
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.

2. The President shall forward the draft annual accounts to
the committee responsible.

7. The implementing provisions governing the procedure for
drawing up Parliament's estimates shall be adopted by a
majority of the votes cast and be annexed to these Rules (11).

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 9

ASSENT PROCEDURE

Rule 75

Assent procedure

2.
For accession treaties and international agreements and
determination of a serious and persistent breach of common
principles by a Member State, Rules 82, 83 and 95 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 76 shall apply.

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

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.

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.

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

least one recommendation the

(11)

See Annex IV.

The committee responsible shall make its final recommenda-
tion for the assent of Parliament in the light of the outcome of
the discussion with the Council.

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CHAPTER 10

ENHANCED COOPERATION

Rule 76

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 35, 36, 37, 40, 49 to 56
and 75 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 11

OTHER PROCEDURES

Rule 77

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

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

2.
Parliament shall then take a single collective vote on the
recommendations, to which no amendments may be tabled.

Rule 78

Procedures relating to dialogue between management
and labour

1. Any document drawn up by the Commission pursuant to
Article 138 of
the EC Treaty or agreements reached by
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
referred by the President to the committee responsible for
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.

3. Where management and labour have reached an agree-
ment and requested jointly that the agreement be implemen-
ted by a Council decision on a proposal from the Commission

in accordance with Article 139(2) of
the
committee responsible shall table a motion for a resolution
recommending the adoption or rejection of the request.

the EC Treaty,

Rule 79

Procedures relating to scrutiny of voluntary agreements

1. Where the Commission informs Parliament of
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 45.

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.

Rule 80

Codification

1. When a Commission proposal for official codification of
Community legislation is submitted to Parliament, it shall be
legal affairs.
referred to the committee responsible for
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 43 shall be
followed.

the committee responsible or

2. The chairman of
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.

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the
3. Notwithstanding the provisions of Rule 43(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.

Rule 81

Implementing provisions

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.

2. On a proposal from the committee responsible, Parlia-
ment may, within one month —or three months for financial

the date of receipt of

services measures - 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 to the measure,
the President shall
request the Commission to withdraw or amend the measure
the appropriate legislative
or submit a proposal under
procedure.

CHAPTER 12

TREATIES AND INTERNATIONAL AGREEMENTS

Rule 82

Rule 83

Accession treaties

International agreements

1. Any application by a European State to become a member
of the European Union shall be referred to the committee
responsible for consideration.

2.
Parliament may decide, on a proposal from the committee
responsible, a political group or at least 37 Members, to
request the Commission and the Council to take part in a
debate before negotiations with the applicant State
commence.

3. Throughout 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.

4. At any stage of the negotiations Parliament may, on the
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 recommenda-
tions shall require the same majority as the final assent.

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

its recommendations for a negotiating mandate,

Parliament may, on a proposal

2.
from the committee
responsible, a political group or at least 37 Members, request
the Council not to authorise 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.

3. The committee responsible shall ascertain from the
Commission, at the time it is intended to open negotiations,
the chosen legal basis for concluding the international
agreements referred to in paragraph 1. The committee
responsible shall verify the chosen legal basis pursuant to
Rule 35. Where the Commission fails to designate a legal
basis, or where there is doubt about its appropriateness, Rule
35 shall apply.

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

4. Throughout 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.

6.
Parliament shall give its assent to an application by a
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.

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
114, adopt recommendations and require that these be taken

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into account before the conclusion of
agreement under consideration.

the international

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 75 shall apply.

Parliament shall give its opinion on, or its assent to, the
7.
conclusion,
renewal or amendment of 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.

If the opinion adopted by Parliament is negative, the
to conclude the
the Council not

8.
President shall request
agreement in question.

If Parliament withholds its assent to an international
9.
agreement, the President shall notify the Council that the
agreement in question cannot be concluded.

Rule 84

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
immediately 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 Rule 83 or 90.

EXTERNAL REPRESENTATION OF THE UNION AND COMMON FOREIGN AND SECURITY POLICY

CHAPTER 13

Rule 85

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 invite
the President-in-Office of the Council to make a statement to
Parliament, pursuant to Article 21 of the EU Treaty. The
President shall invite the President of the Commission to make
a statement at the same time.

2. Upon the appointment of the new High Representative
for the common foreign and security policy, pursuant to
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 to, and answer questions from, the
committee responsible.

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 114, Parliament may
make a recommendation.

Rule 86

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

1. Where the Council
Representative under Article 18(5) of

intends

to appoint a Special
the
the EU Treaty,

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.

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 114 relating
directly to the statement made and answers provided.

4. The Special Representative shall be invited to keep
Parliament fully and regularly informed as to the practical
implementation of his mandate.

Rule 87

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 103
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 88

International representation

(See also interpretation under Rule 114.)

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 90

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 114.

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,
the committee responsible may adopt a
resolution or make a recommendation, as appropriate,
relating directly to the statement made and answers provided.

3. During the process for adopting these recommendations,
which must be put to the vote in the form of a written text,
Rule 138 shall not apply and oral amendments shall be
admissible.

Rule 89

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 90.

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 Council or the High Representative, a
committee may decide to hold its proceedings in camera.

The non-application of Rule 138 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 138.

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.

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
included on the agenda of a current part-session. Recommen-
dations shall be deemed adopted unless, before the beginning
of the part-session, at least 37 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 37 Members
may table amendments.

Rule 91

Breach of human rights

3. An annual debate shall be held on the consultative
document established by the Council on the main aspects and
basic choices of the common foreign and security policy,
including the financial implications for the Union budget. The
procedures laid down in Rule 103 shall apply.

At each part-session, without requiring authorisation,
the
committees responsible may each table a motion for a
the same procedure as laid down in
resolution under
Rule 90(4) concerning cases of breaches of human rights.

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CHAPTER 14

POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

Rule 92

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 103(2), (3) and (4).

Rule 93

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
34 to 37, 40, 41 and 51.

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
101 shall apply mutatis mutandis.

Rule 94

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 114.

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 90(4) shall apply
mutatis mutandis.

(See also interpretation under Rule 114.)

CHAPTER 15

BREACH BY A MEMBER STATE OF FUNDAMENTAL PRINCIPLES

Rule 95

Determination of a breach

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

1.
committee responsible under Rule 45:

(a)

vote on a reasoned proposal calling on the Council to act
pursuant to Article 7(1) of the EU Treaty.

(b)

(c)

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;

vote on a proposal calling on the Council to act pursuant
to Article 7(3) or, subsequently, Article 7(4) 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
along with the observations submitted by the Member State
in urgent and
shall be announced to Parliament. Except

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justified circumstances, Parliament shall take its decision on a
proposal from the committee responsible.

by a Member State, on the appropriate sanctions and on
varying or revoking those sanctions.

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

4. The committee responsible may submit an accompanying
motion for a resolution when Parliament is called upon to give
its assent pursuant
to paragraph 2. This motion for a
resolution shall set out Parliament's views on a serious breach

5. The committee responsible shall ensure that Parliament is
fully informed and, where necessary, asked for its views on all
to
follow-up measures to its assent as given pursuant
paragraph 3. The Council shall be invited to outline
developments as appropriate. On a proposal
from the
committee responsible, drawn up with the authorisation of
the Conference of Presidents, Parliament may adopt recom-
mendations to the Council.

TITLE III

TRANSPARENCY OF BUSINESS

Rule 96

Access to Parliament documents shall as far as possible be
granted to other natural or legal persons in the same way.

Transparency of Parliament's activities

1.
Parliament shall ensure the utmost transparency of its
activities, in line with the provisions of Article 1, the second
paragraph of Article 3 and Articles 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.

2. Debates in Parliament shall be public.

3. Committees shall normally meet 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
to the public and items closed to the public. However, if a
meeting is held in camera, the committee may, subject to
Article 4(1) to (4) of Regulation (EC) No 1049/2001, open
documents and minutes from the meeting to public access.

4. Consideration by the committee responsible of requests
relating to procedures on immunity pursuant to Rule 7 shall
always take place in camera.

Rule 97

Public access to documents

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,
the EC Treaty, subject
conditions and limits laid down in Regulation (EC) No 1049/
2001 and pursuant to the specific provisions contained in
these Rules of Procedure.

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 mean-
ing 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 Title I, Chapter 2, of these Rules,
Parliament's governing bodies, committees or interparliamen-
tary delegations, or by Parliament's Secretariat.

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.

The Bureau shall lay down rules to ensure that all Parliament
documents are recorded.

3.
Parliament shall establish a register of Parliament
documents. Legislative documents and other documents as
indicated in an annex to these Rules (12) 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 (13). This list shall not restrict the right of access to
documents not falling under the categories listed.

(12)
(13)

See Annex XV.
See Annex XV.

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Parliament documents which are not directly accessible
through the register shall be made available on written
application.

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 may adopt rules, in conformity with Regulation
(EC) No 1049/2001,
laying down arrangements for access
which shall be published in the Official Journal of the European
Union.

4. The Bureau shall determine the authorities in charge of
handling initial applications (Article 7 of Regulation (EC) No
1049/2001) and shall adopt decisions on confirmatory
applications (Article 8 of the Regulation) and applications
for sensitive documents (Article 9 of the Regulation).

6. One of
the Vice-Presidents shall be responsible for
supervising the handling of applications for access to
documents.

7.
Parliament's committee responsible shall, on the basis of
information provided by the Bureau and other sources,
referred to in Article 17 of
prepare the annual
Regulation (EC) No 1049/2001 and submit it to the plenary.

report

The committee responsible shall also examine and evaluate the
reports adopted by the other
institutions and agencies
pursuant to Article 17 of the Regulation.

TITLE IV

RELATIONS WITH OTHER BODIES

CHAPTER 1

APPOINTMENTS

Rule 98

Rule 99

Election of the President of the Commission

Election of the Commission

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.

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

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

2. The committee shall
statement and answer questions.

invite the nominee to make a

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.

If Parliament does not approve the nomination,
the Council

the
to nominate a new

request

4.
President shall
candidate.

3. The President-elect shall present the College of Commis-
sioners 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.

4.
In order to wind up the debate, any political group or at
least 37 Members may table a motion for a resolution. Rule
103(3), (4) and (5) shall apply.

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.

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Parliament may defer the vote until the next sitting.

5. The President shall inform the Council of the election or
rejection of the Commission.

In the event of portfolio changes during the Commis-
6.
sion's term of office, the Commissioners concerned shall be
invited to appear before the committees responsible for the
areas of responsibility in question.

Rule 100

Motion of censure on the Commission

1. A motion of censure on the Commission may be
submitted to the President by one-tenth of the component
Members of Parliament.
2. The motion shall be called ‘motion of censure’ and
shall be forwarded to the
supported by reasons.
Commission.

It

3. The President shall announce to Members that a motion
of censure has been tabled immediately he receives it.

4. The debate on censure shall not take place until at least 24
hours after the receipt of a motion of censure is announced to
Members.

committee responsible and answer questions put by members.
The committee shall vote by secret ballot separately on each
nomination.

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

3. The vote in plenary shall take place within two months of
the receipt of the nomination unless Parliament, at the request
of the committee responsible, a political group or at least 37
Members, decides otherwise. Parliament shall vote by secret
ballot separately on each nomination and take its decision by a
majority of the votes cast.

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

Rule 102

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

5. The vote on the motion shall be by roll call and shall not
be taken until at least 48 hours after the beginning of the
debate.

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.

6. The debate and the vote shall take place, at the latest,
the
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 101

Appointment of the Members of the Court of Auditors

1. Candidates nominated as Members of
the Court of
Auditors shall be invited to make a statement before the

2. The committee responsible shall make a recommendation
the nomination should be
to Parliament as to whether
approved.

3. The vote shall take place within two months of the receipt
of the nomination unless Parliament, at the request of the
committee responsible, a political group or at
least 37
Members, decides otherwise.

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

5. The same procedure shall apply for nominations for Vice-
President and other Executive Board Members of the European
Central Bank.

CHAPTER 2

STATEMENTS

Rule 103

Statements by the Commission, Council and European
Council

the Commission, Council and European
1. Members of
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 30 minutes of brief and concise questions
from Members.

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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 the President,
reasons, proposes
otherwise. If Parliament decides to wind up a debate with a
resolution, a committee, a political group or at least 37
Members may table a motion for a resolution.

for exceptional

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.

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

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.

Rule 104

Statements explaining Commission decisions

After consulting the Conference of Presidents, the President
may invite the President of the Commission, the Commis-
sioner responsible for relations with the European Parliament
or, by agreement, another Commissioner, to make a statement
to Parliament after each meeting of
the Commission,
explaining the main decisions taken. The statement shall be
followed by a debate of at least 30 minutes in which Members
may put brief and concise questions.

Rule 105

Statements by the Court of Auditors

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.

Rule 106

Statements by the European Central Bank

1. The President of the European Central Bank shall present
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.

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

If

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

5. A verbatim report of proceedings under paragraphs 3 and
4 shall be drawn up in the official languages.

Rule 107

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 shall be presented to the committee
responsible which shall submit a report to Parliament.

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.

QUESTIONS TO THE COUNCIL, THE COMMISSION AND THE EUROPEAN CENTRAL BANK

CHAPTER 3

Rule 108

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

Questions for oral answer with debate

1. Questions may be put to the Council or the Commission
by a committee, a political group or at least 37 Members with
a request that they be placed on the agenda of Parliament.

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.

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

If a question cannot be answered within the time limit set
3.
it shall, at the request of the author, be placed on the agenda of
the next meeting of the committee responsible. Rule 109 shall
apply mutatis mutandis.

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

4. One of the questioners may move the question for five
minutes. One member of
the institution concerned shall
answer.

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

5. Rule 103(2) to (5) shall apply mutatis mutandis.

Rule 109

Question Time

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

2. No Member may put more than one question to the
Council and the Commission at a given part-session.

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.

The detailed procedure shall be governed by

4.
guidelines (14).

4. Questions which require an immediate answer but not
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.

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

Members shall
indicate which type of question they are
submitting. The final decision shall be taken by the President.

5. Questions and answers shall be published in the Official
Journal of the European Union.

Rule 111

Questions for written answer to the European Central
Bank

1. Any Member may put questions for written answer to the
European Central Bank.

Rule 110

Questions for written answer

2.
Such questions shall be submitted in writing to the
chairman of the committee responsible, who shall forward
them to the European Central Bank.

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

2. Questions shall be submitted in writing to the President
who shall forward them to the institution concerned.

3. The questions shall be published with their answers in the
Official Journal of the European Union.

(14)

See Annex II.

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.

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CHAPTER 4

REPORTS OF OTHER INSTITUTIONS

Rule 112

Annual reports and other reports of other institutions

1. Annual reports and other reports of other institutions, in
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.

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 45.

CHAPTER 5

RESOLUTIONS AND RECOMMENDATIONS

Rule 113

Motions for resolutions

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.

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

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.

The motion may not comprise more than 200 words.

2. The committee responsible shall decide what procedure is
to be adopted.

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

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

It may decide to draw up a report pursuant to Rule 45.

3. The authors of a motion for a resolution shall be
the committee and the
informed of
Conference of Presidents.

the decisions of

4. The report shall contain the text of the motion for a
resolution.

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

6. The author or authors of a motion for a resolution tabled
pursuant to Rule 103(2), 108(5) or 115(2) shall be entitled to
withdraw it before the final vote.

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.

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.

Rule 114

Recommendations to the Council

1. A political group or at least 37 Members may 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 83 or 84.

Such proposals shall be referred to the committee

2.
responsible for consideration.

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

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 committees
consulted.

the opinions of

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

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4. The provisions of Rule 90 or Rule 94 shall apply.

Rule 115

Debates 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 37 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 130(3)).

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 subchapters.

In accordance with the provisions of Rule 132, 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.

3. The total speaking time for the political groups and non-
attached Members shall be allocated in accordance with the
procedure laid down in Rule 142(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
the introduction of and vote on the motions for
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.

4. At the end of the debate there shall be an immediate vote.
Rule 163 shall not apply.

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

5.
If two or more motions for resolutions are tabled on the
same subject, the procedure set out in Rule 103(4) shall apply.

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.
The same shall apply to motions for resolutions in respect of which it
is established, following a request under Rule 149(3), that a quorum
is not present. Obviously Members shall be entitled to retable such
motions either for consideration in committee pursuant to Rule 113
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 law if it is
already on the agenda for that part-session.

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.

***

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 149(3)

that

Rule 116

Written declarations

1. Up to five Members may submit a written declaration of
not more than 200 words on a matter falling within the
sphere of activities of the European Union. Written declara-
tions shall be printed in the official languages and 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 part-sessions and
between part-sessions in an appropriate location to be
determined by the College of Quaestors.

2. Any Member may add his signature to a declaration
included in the register.

3. Where a declaration is signed by the majority of
Parliament's component Members, the President shall notify
Parliament accordingly and publish the names of
the
signatories in the minutes.

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.

4.
Such a declaration shall, at the end of the part-session, be
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.

The provisions of Rules 167, 168 and 170 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.

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.

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Rule 117

Consultation of the European Economic and Social
Committee

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

The committee shall indicate the deadline for the European
Economic and Social Committee to deliver its opinion.

2. A request for consultation of the European Economic and
Social Committee shall be approved by Parliament without
debate.

Rule 118

Consultation of the Committee of the Regions

1. A committee may request 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.

the Committee of
2. A request
Regions shall be approved by Parliament without debate.

for consultation of

the

Rule 119

Requests to European agencies

1. Where Parliament has a right to submit a request to a
European agency, any Member may submit such a request in
writing to the President of Parliament. Such requests shall be
on matters falling within the mission of the agency concerned
and shall be accompanied by background information
explaining the issue and the Community interest.

2. The President shall, after consulting the committee
responsible, either forward the request to the agency or take
any other appropriate course of action. The Member
submitting the request shall be immediately informed thereof.
Any request sent by the President to an agency shall include a
time limit for response.

3.
If the agency considers that it is unable to respond to the
request as formulated, or seeks to have it modified, it shall
inform the President forthwith, who shall take any appropriate
action, after consulting the committee responsible as
necessary.

CHAPTER 6

INTERINSTITUTIONAL AGREEMENTS

Rule 120

Interinstitutional agreements

affairs and after approval by Parliament. They may be annexed
to the Rules of Procedure for information.

Parliament may enter

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

Such agreements may take the form of joint declarations,
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

2. Where such agreements imply the modification of
existing procedural rights or obligations or establish new
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 201(2) to (6) before the agreement is signed.

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CHAPTER 7

REFERRALS TO THE COURT OF JUSTICE

Rule 121

Proceedings before the Court of Justice

Parliament shall, within the time limits specified by the
1.
Treaties and the Statute of the Court of Justice for action by
the institutions of the Union and by any natural or legal
persons, examine Community legislation and the implement-
ing measures to ensure that the Treaties, in particular where
Parliament's rights are concerned, have been fully respected.

2. The committee responsible shall report to Parliament,
orally if necessary, where it suspects a breach of Community
law.

3. The President shall bring an action on behalf of
Parliament in accordance with the recommendation of the
committee responsible.

At the start of the following part-session, he may put 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.

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.

Rule 122

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

the communication of

If, within three or, with the agreement of the Council, four
the common position
months of
pursuant to Article 252 of 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, bring an action against the Council in the Court of
Justice under Article 232 of the EC Treaty.

TITLE V

RELATIONS WITH NATIONAL PARLIAMENTS

Rule 123

Exchange of information, contacts and reciprocal
facilities

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

Parliament shall keep the national parliaments of the

1.
Member States regularly informed of its activities.

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
other measures to facilitate contacts 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,
taking due account of the overall political balance within
Parliament. A report shall be submitted by the delegation after
each meeting.

Rule 125

Rule 124

Conference of Parliaments

Conference of European Affairs Committees (COSAC)

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

The Conference of Presidents shall designate members of
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.

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TITLE VI

SESSIONS

CHAPTER 1

SESSIONS OF PARLIAMENT

Rule 126

4.
Exceptionally, after consulting the Conference of Pre-
sidents, the President shall convene Parliament at the request
of a majority of its component Members or at the request of
the Commission or the Council.

Parliamentary term, sessions, part-sessions, sittings

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

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

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

Rule 128

Venue of sittings and meetings

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

Parliament shall hold its sittings and its committee

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

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

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

for additional part-sessions

in Brussels and any

Rule 127

Convening of Parliament

2. Any committee may decide to ask that one or more
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.

1.
Parliament shall meet, without requiring to be convened,
on the second Tuesday in March each year and shall itself
determine the duration of adjournments of the session.

Rule 129

2.
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 10(1)
of the Act of 20 September 1976.

Attendance of Members at sittings

1. An attendance register shall be laid open for signature by
Members at each sitting.

3. The Conference of Presidents, stating its reasons, may
alter
to
the duration of adjournments decided pursuant
paragraph 1 at least two weeks before the date previously fixed
by Parliament for resuming the session; the date of resumption
shall not, however, be postponed for more than two weeks.

2. The names of Members present, as shown in the
attendance register, shall be recorded in the minutes of each
sitting.

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CHAPTER 2

ORDER OF BUSINESS OF PARLIAMENT

Rule 130

Draft agenda

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
legislative
and taking into account
programme referred to in Rule 33.

the 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.

2. The draft agenda may indicate voting times for certain
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 115.

opposition in writing at least one hour before the opening of
the part-session.

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.

Rule 132

Adopting and amending the agenda

1. At the beginning of each part-session, Parliament shall
take a decision on the final draft agenda. Amendments may be
proposed by a committee, a political group or at least 37
Members. Any such proposals must be received by the
President at least one hour before the opening of 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.

4. The final draft agenda shall be distributed to Members at
least three hours before the beginning of the part-session.

2. Once adopted, the agenda may not be amended, except in
pursuance of Rules 134 and 167 to 171 or on a proposal from
the President.

Rule 131

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

Procedure in plenary without amendment and debate

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

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.

Items placed on the final draft agenda for vote without
2.
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 requested by a political group or at least 37 Members.

3. Before closing the sitting, the President shall announce the
date, time and agenda of the next sitting.

Rule 133

Extraordinary debate

1. A political group or at least 37 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.

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. When drawing up the final draft agenda of 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 if a
political group or at least 37 Members have tabled their

3.
In response to events that take place after the adoption of
the agenda for a part-session, the President, after consulting
the political groups, may propose an
the chairmen of
extraordinary debate. Any such proposal shall be voted on

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at the start of a sitting or at a scheduled voting time, having
been notified to Members at least one hour beforehand.

the request for urgent debate shall apply to all the requests on
the same subject.

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 142(2) and (3).

5. The debate shall be wound up without the adoption of a
resolution.

Rule 134

Urgent procedure

that a debate on a proposal on which
1. A request
Parliament has been consulted pursuant to Rule 40(1) be
treated as urgent may be made to Parliament by the President,
a committee, a political group, at least 37 Members, the
Commission or the Council. This request shall be made in
writing and supported by reasons.

2. As soon as the President has received a request for 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 been distributed
in the official languages. Where there are several requests for
urgent debate on the same subject, the approval or rejection of

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.

Rule 135

Joint debate

A decision may be taken at any time to debate similar or
factually related items of business jointly.

Rule 136

Time limits

Except in the cases of urgency referred to in Rules 115 and
134, a debate and vote shall not be opened on a text unless it
was distributed at least 24 hours previously.

CHAPTER 3

GENERAL RULES FOR THE CONDUCT OF SITTINGS

Rule 137

Access to the Chamber

Rule 138

Languages

1. No person may enter the Chamber except Members of
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,

1. All documents of Parliament shall be drawn up in the
official languages.

2. All Members shall have the right to speak in Parliament in
the official language of their choice. Speeches delivered in one
of the official languages shall be simultaneously interpreted
into the other official languages and into any other language
the Bureau may consider necessary.

2. Only holders of an admission card duly issued by the
President or Secretary-General of Parliament shall be admitted
to the galleries.

3.
Interpretation shall be provided in committee and
delegation meetings from and into the official languages used
and requested by the members and substitutes of
that
committee or delegation.

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.

4. At committee and delegation meetings away from the
usual places of work interpretation shall be provided from and
into the languages of those members who have confirmed that
they will attend the meeting. These arrangements may

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exceptionally be made more flexible where the members of
the committee or delegation so agree.
In the event of
disagreement, the Bureau shall decide.

occasion, forbid him to speak for the remainder of the debate
on the same subject.

Where it has been established after the result of a vote has been
announced that there are discrepancies between different language
versions, the President shall decide whether the result announced is
valid pursuant to Rule 164(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 139

Transitional arrangement

Exceptionally,

in applying Rule 138, account shall be
1.
taken, with regard to the official languages of the Member
States which acceded to the European Union on 1 May 2004,
as of that date and until 31 December 2006, of the availability
in real
the requisite
interpreters and translators.

terms and sufficient numbers of

2. The Secretary-General shall each quarter submit a detailed
report to the Bureau on the progress made towards full
application of Rule 138, and shall send a copy thereof to all
Members.

3. On a reasoned recommendation from the Bureau,
Parliament may decide at any time to repeal this Rule early
or, at the end of the period indicated in paragraph 1, to extend
it.

Rule 140

Distribution of documents

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.

Without prejudice to the application of the first paragraph,
Members and political groups shall have direct access to the
European Parliament's internal computer system for
the
consultation of any non-confidential preparatory document
(draft report, draft recommendation, draft opinion, working
document, amendments tabled in committee).

Rule 141

Calling speakers and content of speeches

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.

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.

4. A speaker may not be interrupted except by the President.
He may, however, by leave of the President, give way during
his speech to allow another Member, the Commission or the
Council to put a question to him on a particular point in his
speech.

Rule 142

Allocation of speaking time

1. The Conference of Presidents may propose to Parliament
that speaking time be allocated for a particular debate.
Parliament shall decide on this proposal without debate.

Speaking time shall be allocated in accordance with the

2.
following criteria:

(a)

(b)

(c)

a first fraction of speaking time shall be divided equally
among all the political groups;

a further fraction shall be divided among the political
groups in proportion to the total number of
their
members;

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).

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.

4. No Member may speak for more than one minute on any
of the following: the minutes, procedural motions, amend-
ments to the final draft agenda or to the agenda.

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 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.

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

6. Without prejudice to Article 197 of the EC Treaty, the
President shall seek to reach an understanding with the
Commission and Council on appropriate allocation of
speaking time for them.

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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.

2. Unless Parliament decides otherwise, no personal state-
ment shall last for more than three minutes.

Rule 143

List of speakers

1. The names of Members who ask leave to speak shall be
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.

4. No Member may speak more than twice on the same
subject, except by leave of the President.

The chairman and the rapporteur of
the committees
concerned shall, however, be allowed to speak at their request
for a period to be decided by the President.

Rule 144

One-minute speeches

For a period of not more than 30 minutes during the first
sitting of each part-session the President shall call Members
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.

Rule 145

Personal statements

Rule 146

Order in the Chamber

1. The President shall call to order any Member who creates
a disturbance during the proceedings.

Should the offence be repeated, the President shall again
2.
call the Member to order, and the fact shall be recorded in the
minutes.

If a further offence is committed, the President may
3.
exclude the offender from the Chamber for the remainder of
the sitting. The Secretary-General shall see to it that this
disciplinary measure is carried out immediately, with the
assistance of the ushers and,
if necessary, of Parliament's
Security Service.

Rule 147

Exclusion of Members

In serious cases of disorder or disruption of Parliament,
1.
the President may, after giving formal notice, move, either
immediately or no later than the next part-session,
that
Parliament pass a vote of censure which shall automatically
involve immediate exclusion from the Chamber and suspen-
sion for two to five days.

2.
Parliament shall decide whether to take such disciplinary
action at a time to be decided by the President, which shall be
either at the sitting during which the events in question
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
Rule 149(3) or 160(1) shall not be admissible.

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
for leave to speak refers are considered for
approval.

Rule 148

Disturbances

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.

Should disturbances in Parliament threaten to obstruct the
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.

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CHAPTER 4

QUORUM AND VOTING

Rule 149

Quorum

justification. Such justifications shall be the responsibility of
the author and shall not be put to the vote.

Parliament may deliberate, settle its agenda and approve

1.
the minutes, whatever the number of Members present.

Subject to the limitations laid down in Rule 151, an
2.
amendment may seek to change any part of a text, and may be
directed to deleting, adding or substituting words or figures.

2. A quorum shall exist when one-third of the component
Members of Parliament are present in the Chamber.

In this Rule and Rule 151 the term ‘text’ means the whole of a
motion for a resolution/draft legislative resolution, of a proposal for a
decision or of a Commission proposal.

3. All votes shall be valid whatever the number of voters
unless the President, on a request made before voting has
begun by at least 37 Members, establishes at the moment of
voting that the quorum is not present. If the vote shows that
the quorum is not present, the vote shall be placed on the
agenda of the next sitting.

A request for the quorum to be established must be made by at least
37 Members. A request on behalf of a political group is not
admissible.

3. The President shall set a deadline for the tabling of
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.

5. Where an amendment is withdrawn by its author, it shall
fall unless immediately taken over by another Member.

When establishing the result of the vote, account must be taken,
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.

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 37 Members object.

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.

Paragraph 3 last sentence shall not apply to votes on procedural
motions but only to votes on the subject matter itself.

4. Members who have asked for
the quorum to be
established shall be counted as being present within the
meaning of paragraph 2, even if they are no longer in the
Chamber.

Rule 139 shall apply mutatis mutandis to this paragraph.

Oral amendments tabled in committee may be put to the vote unless
one of the committee's members objects.

Rule 151

Admissibility of amendments

1. No amendment shall be admissible if:

If fewer than 37 Members are present, the President may

5.
rule that there is no quorum.

(a)

it does not directly relate to the text which it seeks to
amend;

Rule 150

(b)

it seeks to delete or replace the whole of a text;

Tabling and moving amendments

(c)

1. Amendments for consideration in Parliament may be
tabled by the committee responsible, a political group or at
least 37 Members.

Amendments shall be tabled in writing and signed by their
authors.

(d)

Amendments to documents of a legislative nature within the
meaning of Rule 40(1) may be accompanied by a short

the text

it seeks to amend more than one of the individual articles
to which it relates. This
or paragraphs of
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
not call for amendment; in this case, the President shall
seek out a suitable linguistic remedy together with those
concerned.

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is inconsistent with
2. An amendment shall
decisions previously taken on the text during the same vote.

lapse if

it

3. The President shall decide whether amendments are
admissible.

The President's decision pursuant to paragraph 3 concerning the
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.

4. A political group may table an alternative motion for a
resolution to a non-legislative motion for a resolution
contained in a committee report.

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.

(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 61(2).

3. The procedure set out in Rule 65 shall apply to third
readings.

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.

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.

Rule 153

Tied votes

Rule 152

Voting procedure

1. The following voting procedure shall apply to reports:

1.
In the event of a tied vote under Rule 152(1)(b) or (d), the
text as a whole shall be referred back to committee. This shall
also apply to votes under Rules 3 and 7 and to final votes
under Rules 177 and 188, on the understanding that, for these
two Rules, the matter is referred back to the Conference of
Presidents.

(a)

first, voting on any amendments to the text with which
the report of the committee responsible is concerned;

In the event of a tied vote on the agenda as a whole (Rule
2.
132) or the minutes as a whole (Rule 172), or on a text put to
a split vote under Rule 157, the text shall be deemed adopted.

(b)

second, voting on the text as a whole, amended or
otherwise;

(c)

third, voting on amendments to the motion for a
resolution/draft legislative resolution;

In all other cases where there is a tied vote, without
3.
prejudice to those Rules which require qualified majorities, the
text or proposal shall be deemed rejected.

Rule 154

(d)

finally, voting on the motion for a resolution/draft
legislative resolution as a whole (final vote).

Principles governing voting

Parliament shall not vote on the explanatory statement
contained in the report.

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 67;

1. Voting on a report shall take place on the basis of a
recommendation from the committee responsible. The
committee may delegate this task to its chairman and
rapporteur.

2. The committee may recommend that all or several
amendments be put to the vote collectively, that they be
accepted or rejected or declared void.

It may also propose compromise amendments.

(b)

a proposal to reject the common position shall be voted
upon before voting on any amendments (see Rule 61(1));

3. Where the committee recommends that amendments be
put
the collective vote on these
to the vote collectively,
amendments shall be taken first.

(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 155;

4. Where the committee proposes a compromise amend-
ment, it shall be given priority in voting.

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5. Amendments for which a roll-call vote has been requested
shall be put to the vote individually.

6. A split vote shall not be admissible in the case of a
collective vote or a vote on a compromise amendment.

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.

Rule 155

Order of voting on amendments

1. Amendments shall have priority over the text to which
they relate and shall be put to the vote before that text.

2.
If 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 shall be
put to the vote first. If it is adopted the other amendments
shall stand rejected. If it is rejected, the amendment next in
priority shall be put to the vote and similarly for each of the
remaining amendments. Where there is doubt as to priority,
the President shall decide. If all amendments are rejected, the
original text shall be deemed adopted unless a separate vote
has been requested within the specified deadline.

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.

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 37 Members have requested separate
votes or unless other amendments have been tabled.

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.

following the adoption or
7. The President may decide,
rejection of a particular amendment,
that several other
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.

Such a set of amendments may relate to different parts of the
original text.

If either of these secures a majority, all other amendments
tabled to the same text shall fall.

8. Where two or more identical amendments are tabled by
different authors, they shall be put to the vote as one.

4.
Exceptionally, on a proposal from the President, amend-
ments 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.

the President

to Rule 151(3),

shall decide whether
Pursuant
amendments are admissible. In the case of compromise amendments
tabled after the close of a debate, pursuant to this paragraph, the
President shall decide on their admissibility case by case, having
regard to the compromise nature of the amendments.

The following general criteria for admissibility may be applied:

— as a general rule, compromise amendments may not relate to
subject of

parts of
amendments prior to the deadline for tabling amendments,

text which have not been the

the

Rule 156

Committee consideration of plenary amendments

When over 50 amendments have been tabled to a report for
consideration in Parliament, the President may, after consult-
ing its chairman, request the committee responsible to meet to
consider the amendments. Any amendment not receiving
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 157

Split voting

— 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,

— as a general rule, compromise amendments shall entail the
withdrawal of other amendments to the same passage.

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 37 Members.

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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.

Where the electronic voting system cannot be used for
technical reasons, voting shall take place pursuant to Rule 159,
Rule 160(2) or Rule 162.

Rule 158

Right to vote

The right to vote is a personal right.

Members shall cast their votes individually and in person.

Any infringement of this Rule shall be considered as a serious case of
disorder as referred to in Rule 147(1) and shall have the legal
consequences mentioned in that Rule.

Rule 159

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.

3. The result of the vote shall be recorded.

Rule 160

Voting by roll call

1.
In addition to the cases provided for under Rules 99(4)
and 100(5), the vote shall be taken by roll call if so requested
in writing by a political group or at least 37 Members the
evening before the vote unless the President sets a different
deadline.

2. The roll shall be called in alphabetical order, beginning
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
‘Yes’, ‘No’, or ‘I abstain’. 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.

The technical arrangements for using the electronic voting
system shall be governed by instructions from the Bureau.

2. Where an electronic vote is taken, only the numerical
result of the vote shall be recorded.

However,
if a vote by roll call has been requested in
accordance with Rule 160(1), the votes shall be recorded in
the minutes of the sitting by political group in the alphabetical
order of Members' names.

3. The vote by roll call shall be taken in accordance with
Rule 160(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 162

Voting by secret ballot

1.
In the case of appointments, voting shall be by secret
ballot without prejudice to Rules 12(1) and 177(1) and Rule
182(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.

3. A request for a secret ballot shall take priority over a
request for a vote by roll call.

4. Between two and six Members chosen by lot shall count
the votes cast in a secret ballot.

In the case of votes pursuant to paragraph 1, candidates shall
not act as tellers.

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.

Rule 163

Explanations of vote

Rule 161

Electronic voting

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.

1. The President may at any time decide that the voting
operations indicated in Rules 159, 160 and 162 shall be
carried out by means of the electronic voting system.

Any political group may give an explanation of vote lasting
not more than two minutes.

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No further requests to give explanations of vote shall be
accepted once the first explanation of vote has begun.

Explanations of vote shall be admissible on the final vote on any
subject submitted to Parliament. The term ‘final vote’ does not
prejudge the type of vote, but means the last vote on any item.

Explanations of vote shall not be admissible in the case of

2.
votes on procedural matters.

3. Where a Commission proposal or a report has been
included on the agenda of Parliament pursuant to Rule 131,
Members may submit written explanations of vote pursuant to
paragraph 1.

Rule 164

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.

Explanations of vote given either orally or in writing must have a
direct bearing on the text being put to the vote.

5. The President shall decide whether the result announced
is valid. His decision shall be final.

CHAPTER 5

INTERRUPTIVE AND PROCEDURAL MOTIONS

Rule 165

Rule 166

Procedural motions

Points of order

1. Requests to move a procedural motion, namely:

(a)

the inadmissibility of a matter (Rule 167);

(b)

referral back to committee (Rule 168);

(c)

the closure of a debate (Rule 169);

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.

2. A request to raise a point of order shall take precedence
over all other requests to speak.

(d)

the adjournment of a debate and vote (Rule 170);

3.

Speaking time shall not exceed one minute.

(e)

the suspension or closure of the sitting (Rule 171);

shall take precedence over other requests to speak.

4. The President shall take an immediate decision on points
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.

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.

5.
Exceptionally, he may state that he will announce his
ruling later, but not more than 24 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.

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Rule 167

Moving the inadmissibility of a matter

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.

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.

If the proposal or request is rejected, it may not be tabled

4.
again during that debate, except by the President.

The intention to move inadmissibility shall be notified at least
24 hours in advance to the President who shall
inform
Parliament immediately.

Rule 170

If the motion is carried, Parliament shall

2.
proceed to the next item on the agenda.

immediately

Adjournment of a debate and vote

Rule 168

Referral back to committee

1. At the start of a debate on an item on the agenda, a
political group or at least 37 Members may move that the
debate be adjourned to a specific date and time. Such a motion
shall be put to the vote immediately.

1. Referral back to committee may be requested by a
political group or at least 37 Members when the agenda is
fixed or before the start of the debate.

The intention to move adjournment shall be notified at least
24 hours in advance to the President, who shall
inform
Parliament immediately.

The intention to move referral back to committee shall be
notified at least 24 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 37 Members before or during a vote.
Such a motion shall be put to the vote immediately.

3. A request may be made only once at each of these
different procedural stages.

4. Referral back to committee shall entail suspension of the
discussion of the item.

Parliament may set a time limit within which the

5.
committee shall report its conclusions.

Rule 169

Closure of a debate

1. A debate may be closed before the list of speakers has
been exhausted on a proposal from the President or at the
request of a political group or at least 37 Members. Such a
proposal or request 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.

2.
If the motion is carried, Parliament shall proceed to the
next item on the agenda. The adjourned debate shall be
resumed at the specified date and time.

If the motion is rejected, it may not be tabled again during

3.
that part-session.

4. Before or during a vote, a political group or at least 37
Members may move that the vote be adjourned. Such a
motion shall be put to the vote immediately.

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 130 and 132.

Rule 171

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 37 Members.
to the vote
Such a proposal or
immediately.

request shall be put

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CHAPTER 6

PUBLIC RECORD OF PROCEEDINGS

Rule 172

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
52(1) or Rule 61(3) respectively.

The texts adopted by Parliament shall be distributed separately.
Where legislative texts adopted by Parliament contain
amendments,
they shall be published in a consolidated
version.

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.
shall,
if necessary, decide whether the changes requested
should be considered. No Member may speak on the minutes
for more than one minute.

4. The minutes shall be signed by the President and the
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 173

Verbatim reports

1. A verbatim report of the proceedings of each sitting shall
be drawn up in the official languages.

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.

3. The verbatim report shall be published as an annex to the
Official Journal of the European Union.

TITLE VII

COMMITTEES AND DELEGATIONS

CHAPTER 1
COMMITTEES — SETTING UP AND POWERS

Rule 174

Setting up of standing committees

On a proposal from the Conference of Presidents, Parliament
shall set up standing committees whose powers shall be
defined in an annex to the Rules of Procedure (15). Their
members shall be elected during the first part-session

(15)

See Annex VI.

following the re-election of Parliament and again two and a
half years thereafter.

The powers of standing committees can be determined at a time other
than that at which the committee is set up.

Rule 175

Setting up of temporary committees

On a proposal from the Conference of Presidents, Parliament
may at any time set up temporary committees, whose powers,
composition and term of office shall be defined at the same
time as the decision to set them up is taken; their term of
office may not exceed 12 months, except where Parliament
extends that term on its expiry.

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the powers,

composition and term of office of

temporary
As
committees are decided at the same time as these committees are set
up, Parliament cannot subsequently decide to alter their powers either
by increasing or reducing them.

Rule 176

Committees of inquiry

Parliament may, at

the request of one-quarter of

its
1.
component Members, set up a committee of
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.

inquiry shall be
The decision to set up a committee of
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
governed by the provisions of
these Rules relating to
committees, save as otherwise specifically provided for in this
Rule and in Decision 95/167/EC, Euratom, ECSC 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 which is annexed
to these Rules (16).

3. The request to set up a committee of inquiry must specify
precisely the subject of the inquiry and include a detailed
statement of the grounds for it. Parliament, on a proposal
from the Conference of Presidents, 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 177.

4. A committee of inquiry shall conclude its work with the
submission of a report within not more than 12 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.

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.

In the interval between one meeting and another, the bureau
of the committee shall, in cases of urgency or need, exercise
the committee's powers, subject to ratification at the next
meeting.

6. When a committee of inquiry considers that one of its
rights has been infringed, it shall propose that the President
take appropriate measures.

(16)

See Annex VIII.

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 138. However, the bureau of
the committee:

— 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,

— 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.

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.

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.

9.
Secret or confidential documents which have been
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 for the committee of 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.

information,

10. After completion of its work a committee of inquiry
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 48. 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.

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to Parliament a draft
The committee may also submit
recommendation addressed to institutions or bodies of the
European Communities or the Member States.

6. Any such changes shall be placed before Parliament for
ratification at the next sitting.

11. The President shall instruct the committee responsible
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
composition of a committee of inquiry (paragraph 3) is open to
amendments, in accordance with Rule 177(2).

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 177

Composition of committees

1. Members of committees and committees of inquiry shall
be elected after nominations have been submitted by the
political groups and the non-attached Members. The Con-
ference 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.

the Conference of
2. Amendments to the proposals of
Presidents shall be admissible only if they are tabled by at least
37 Members. Parliament shall vote on such amendments by
secret ballot.

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.

Rule 178

Substitutes

1. The political groups and the non-attached Members may
appoint a number of permanent substitutes for each
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
attend and speak at committee meetings and,
the full
member is absent, to take part in the vote.

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, to the non-attached
Members.

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:

— a political group may not have more permanent substitutes for

a committee than it has full members,

— only political groups are

entitled to appoint permanent
substitutes, on the sole condition that they inform the President.

To conclude:

— the status of permanent substitutes depends exclusively on

membership of a given political group,

— where the number of a political group's full members in a
committee is altered, the maximum number of permanent
substitutes which it can appoint to that committee is altered
accordingly,

— 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,

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.

— a committee member may not under any circumstances be a
substitute for a colleague who belongs to another political
group.

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Rule 179

Duties of committees

Rule 181

Subcommittees

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
shall be defined when they are set up; they shall not be entitled
to deliver opinions to other committees.

Subject

1.
to prior authorisation by the Conference of
Presidents, a standing or temporary committee may, in the
interests of its work, appoint one or more subcommittees, of
which it shall at the same time determine the composition,
pursuant to Rule 177, and area of responsibility. Subcommit-
tees shall report to the committee that set them up.

(See interpretation under Rule 175.)

2. The procedure for subcommittees shall be the same as for
committees.

two or more standing committees,

Should a standing committee declare itself not competent
2.
to consider a question, or should a conflict arise over the
competence of
the
question of competence shall be referred to the Conference
of Presidents within four working weeks of the announcement
in Parliament of referral 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 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.

5. Any committee may, with the agreement of the Bureau of
Parliament, instruct one or more of its members to undertake
a study or fact-finding mission.

Rule 180

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
for the verification of credentials and the preparation of
decisions on any objections concerning the validity of
elections.

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.

Rule 182

Committee bureaux

1. At
the first committee meeting after the election of
committee members pursuant to Rule 177, the committee
shall elect a bureau consisting of a chairman and one, two or
three vice-chairmen who shall be elected in separate ballots.

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.

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CHAPTER 2

COMMITTEES — FUNCTIONING

Rule 183

Rule 185

Committee meetings

Voting in committee

1. A committee shall meet when convened by its chairman
or at the request of the President.

1. Any Member may table amendments for consideration in
the committee responsible.

2. The Commission and Council may take part in committee
meetings if invited to do so on behalf of a committee by its
chairman.

2. A committee may validly vote when one-quarter of its
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.

By special decision of a committee, any other person may be
invited to attend and to speak at a meeting.

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.

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. 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
160(2).

4. The chairman may take part in discussions and may vote,
but without having a casting vote.

5.
In the light of the amendments tabled, the committee
may, instead of proceeding to a vote, request the rapporteur to
the
submit a new draft
amendments as possible. A new deadline shall then be set for
amendments to this draft.

taking account of as many of

Rule 186

3. Without prejudice to Rule 46(6) and unless a committee
decides otherwise, Members may attend meetings of commit-
tees to which they do not belong but may not take part in
their deliberations.

Provisions concerning plenary sittings applicable in
committee

Such Members may, however, be allowed by the committee to
take part in its proceedings in an advisory capacity.

Rules 11, 12, 13, 16, 17, 140 and 141, Rule 143(1), Rules 146,
148, 150 to 153 and 155, Rule 157(1), Rules 158, 159, 161,
162, 164 to 167, 170 and 171 shall apply mutatis mutandis to
committee meetings.

Rule 184

Rule 187

Minutes of committee meetings

Question Time in committee

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.

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.

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CHAPTER 3

INTERPARLIAMENTARY DELEGATIONS

Rule 188

Setting up and duties of interparliamentary delegations

interest, with the aim in particular of improving the efficiency
of their work and avoiding duplication of effort.

1. On a proposal
from the Conference of Presidents,
Parliament shall set up standing interparliamentary delega-
tions 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.

2. Members of
the delegations shall be elected after
nominations have been submitted to the Conference of
Presidents by the political groups and the non-attached
Members. The Conference of Presidents shall submit
to
Parliament proposals designed to ensure as far as possible fair
representation of Member States and of political views. Rule
177(2), (3), (5) and (6) shall apply.

3. The bureaux of the delegations shall be constituted in
accordance with the procedure laid down for the standing
committees pursuant to Rule 182.

4.
Parliament shall determine the general powers of the
individual delegations. It may at any time decide to increase or
restrict these powers.

5. The implementing provisions needed to enable the
delegations to carry out their work shall be adopted by the
Conference of Presidents on a proposal from the Conference
of Delegation Chairmen.

6. The chairman of a delegation shall submit
to the
committee responsible for foreign affairs and security a report
on the activities of the delegation.

2. The Conference of Presidents,
in agreement with the
competent authorities of the Parliamentary Assembly of the
Council of Europe, shall decide the arrangements for
implementing these provisions.

Rule 190

Joint parliamentary committees

1. The European Parliament may set up joint parliamentary
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.

2. The general responsibilities of the various joint parlia-
mentary committees shall be defined by the European
Parliament and by the agreements with the third countries.

3.
Joint parliamentary committees shall be governed by the
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.

Rule 189

Joint parliamentary committees shall draw up their own
4.
rules of procedure and submit them for approval to the
bureaux of the European Parliament and of the parliament
involved.

Cooperation with the Parliamentary Assembly of the
Council of Europe

1.
cooperate with their counterparts at
Assembly of

Parliament's bodies, particularly the committees, shall
the Parliamentary
the Council of Europe in fields of mutual

5. The election of the members of European Parliament
delegations to joint parliamentary committees and the
constitution of the bureaux of these delegations shall take
place in accordance with the procedure laid down for
interparliamentary delegations.

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TITLE VIII

PETITIONS

Rule 191

Right of petition

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
Union's fields of activity and which affects him, her or it
directly.

Petitions to Parliament shall show the name, nationality

2.
and permanent address of each petitioner.

Petitions must be written in one of the official languages

3.
of the European Union.

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
employ the official
language in which the translation or
summary is drawn up.

4.
Petitions shall be entered in a register in the order in
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.

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.

Petitions declared inadmissible by the committee shall be
6.
filed; the petitioner shall be informed of the decision and the
reasons therefor.

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
President shall send a monthly record of such petitions
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.

Rule 192

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.

The committee may, particularly in the case of petitions which
seek changes in existing law, request opinions from other
committees pursuant to Rule 46.

2. An electronic register shall be set up in which citizens
may lend their support to the petitioner, appending their own
electronic signature to petitions which have been declared
admissible and entered in the register.

the
3. When considering petitions or establishing facts,
committee may organise hearings of petitioners or general
hearings or dispatch members to establish the facts of the
situation in situ.

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.

5. The committee shall, where necessary, submit motions for
resolutions to Parliament on petitions which it has considered.

The committee may also request
its opinions be
forwarded by the President to the Commission or the Council.

that

In such cases the committee may suggest to the petitioner
7.
that he contact the competent authority of the Member State
concerned or of the European Union.

6. The committee shall inform Parliament every six months
of the outcome of its deliberations.

8. Unless the person submitting the petition asks for it to be
treated in confidence, it shall be entered in a public register.

The committee shall, in particular, inform Parliament of the
measures taken by the Council or
the Commission on
petitions referred to them by Parliament.

9. Where the committee deems it appropriate, it may refer
the matter to the Ombudsman.

7. The President shall
taken and the reasons therefor.

inform petitioners of the decisions

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Rule 193

Notice of petitions

1. Notice shall be given in Parliament of
the petitions
entered in the register referred to in Rule 191(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.

TITLE IX

OMBUDSMAN

Rule 194

6. Before opening the vote, the President shall ensure that at
least half of Parliament's component Members are present.

Appointment of the Ombudsman

1. At the start of each parliamentary term, immediately after
his election or in the cases referred to in paragraph 8, the
President shall call
the office of
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.

for nominations for

7. The person appointed shall immediately be called upon to
take an oath before the Court of Justice.

8. The Ombudsman shall exercise his duties until his
successor takes office, except in the case of his death or
dismissal.

2. Nominations must have the support of at
Members who are nationals of at least two Member States.

least 37

Rule 195

Each Member may support only one nomination.

Activities of the Ombudsman

the supporting documents
Nominations shall
needed to show conclusively that the nominee fulfils the
conditions required by the Regulations on the Ombudsman.

include all

3. Nominations shall be forwarded to the committee
responsible, which may ask to hear the nominees.

Such hearings shall be open to all Members.

4. A list of admissible nominations in alphabetical order
shall then be submitted to the vote of Parliament.

5. The vote shall be held by secret ballot on the basis of a
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.

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 (17).

2. The Ombudsman shall, in accordance with Article 3(6)
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.

3. The Ombudsman may also inform the committee
responsible at its request, or be heard by it on his own
initiative.

In the event of any tie the eldest candidate shall prevail.

(17)

See Annex X.

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Rule 196

Dismissal of the Ombudsman

1. One-tenth of Parliament's component Members may
if he no longer fulfils
request the Ombudsman's dismissal
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.

3. Before opening the vote, the President shall ensure that
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
procedure.

terminate the

TITLE X

PARLIAMENT'S SECRETARIAT

Rule 197

Secretariat

3. The Bureau shall decide the establishment plan of the
Secretariat and lay down regulations relating to the admin-
istrative and financial situation of officials and other servants.

Parliament shall be assisted by a Secretary-General

1.
appointed by the Bureau.

The Secretary-General shall give a solemn undertaking before
the Bureau to perform his duties conscientiously and with
absolute impartiality.

2. The Secretary-General shall head a Secretariat
the
composition and organisation of which shall be determined
by the Bureau.

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.

The President of Parliament shall
institutions of the European Union accordingly.

inform the appropriate

POWERS AND RESPONSIBILITIES RELATING TO POLITICAL PARTIES AT EUROPEAN LEVEL

TITLE XI

Rule 198

Powers and responsibilities of the President

The President shall represent Parliament in its relations with
political parties at European level, pursuant to Rule 19(4).

on the distribution of appropriations amongst the beneficiary
political parties. It shall draw up a list of the beneficiaries and
of the amounts allocated.

Rule 199

Powers and responsibilities of the Bureau

1. The Bureau shall take a decision on any application for
funding submitted by a political party at European level and

2. The Bureau shall decide whether or not to suspend or
reduce funding and to recover amounts which have been
wrongly paid.

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3. After the end of the budget year the Bureau shall approve
the beneficiary political party's final activity report and final
financial statement.

4. Under the terms and conditions laid down in Regulation
(EC) No 2004/2003 the Bureau may grant technical assistance
to political parties at European level in accordance with their
proposals. The Bureau may delegate specific types of decisions
to grant technical assistance to the Secretary-General.

In all the cases set out in the above paragraphs the Bureau
5.
shall act on the basis of a proposal from the Secretary-General.
Except in the cases set out in paragraphs 1 and 4 the Bureau
shall, before taking a decision, hear the representatives of the
political party concerned. The Bureau may at any time consult
the Conference of Presidents.
6. Where Parliament — following verification — establishes
that a political party at European level has ceased to observe
the principles of liberty, democracy, respect for human rights
and fundamental freedoms and the rule of law, the Bureau
shall decide that that political party shall be excluded from
funding.

Rule 200

Powers and responsibilities of the committee responsible
and of Parliament's plenary

1. At the request of one-quarter of Parliament's Members
the President,
representing at least
following an exchange of views within the Conference of
Presidents, shall call upon the committee responsible to verify
is
whether or not a political party at European level

three political groups,

continuing to observe (in particular in its programme and
in its activities) the principles upon which the European Union
is founded, namely the principles of
liberty, democracy,
respect for human rights and fundamental freedoms, and the
rule of law.

2. Before submitting a proposal for a decision to Parliament,
the committee responsible shall hear the representatives of the
political party concerned and it shall ask for and consider the
opinion of a committee of independent eminent persons,
pursuant to Regulation (EC) No 2004/2003 on the regulations
governing political parties at European level and the rules
regarding their funding.

Parliament shall vote (by a majority of the votes cast) on
3.
the proposal for a decision establishing that the political party
concerned either does or does not observe the principles set
out in paragraph 1. No amendment may be tabled. In either
case, if the proposal for a decision does not secure a majority,
a decision to the contrary will be deemed to have been
adopted.

4.
Parliament's decision shall apply with effect from the day
upon which the request referred to in paragraph 1 was tabled.

5. The President shall represent Parliament on the commit-
tee of independent eminent persons.

6. The committee responsible shall draw up the report
provided for in Regulation (EC) No 2004/2003 on the
application of that Regulation and the activities funded, and
shall submit it in plenary.

APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE

TITLE XII

Rule 201

Application of the Rules of Procedure

Should doubt arise over the application or interpretation
1.
of
the President may, without
these Rules of Procedure,
prejudice to any previous decisions in this field, refer the
matter to the committee responsible for examination.

Where a point of order is raised under Rule 166, the President
may also refer the matter to the committee responsible.

4.
Should a political group or at least 37 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
least one-third of
Parliament's component Members are present. In the event
of
the matter shall be referred back to the
committee.

the votes cast provided that at

rejection,

5. Uncontested interpretations and interpretations adopted
by Parliament shall be appended in italic print as explanatory
notes to the appropriate Rule or Rules.

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 202.

Interpretations shall constitute precedents for the future

6.
application and interpretation of the Rules concerned.

3.
Should the committee decide that an interpretation of the
existing Rules is sufficient, it shall forward its interpretation to
the President who shall inform Parliament at its next part-
session.

7. The Rules of Procedure and interpretations shall be
reviewed regularly by the committee responsible.

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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 Parlia-
ment is increased, notably following enlargements of
the
European Union.

Rule 202

Amendment of the Rules of Procedure

1. Any Member may propose amendments to these Rules
and to the annexes thereto accompanied, if appropriate, by
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 150, 151 and 155 to
consideration of such proposed amendments in Parliament,
references made in those Rules to the ‘original text’ or the
‘Commission proposal’ 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. Unless otherwise specified when the vote is taken,
amendments to these Rules and to the annexes thereto shall
enter into force on the first day of the part-session following
their adoption.

TITLE XIII

MISCELLANEOUS PROVISIONS

Rule 203

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.

These provisions shall not apply to petitions and commu-
nications that do not require a decision.

Rule 204

Arrangement of annexes

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);

(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 and V, Annex VII(A) and (C) and
Annexes IX and XV);

(c)

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 annex such provisions to the Rules of
Procedure shall be taken by Parliament by a majority of
the votes cast, on a proposal
from its committee
responsible (Annex VII(B) and Annexes VIII, X, XI, XII,
XIII, XIV and XVI).

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ANNEX I

PROVISIONS GOVERNING THE APPLICATION OF RULE 9(1) — TRANSPARENCY AND MEMBERS'
FINANCIAL INTERESTS

Article 1

1. Before speaking in Parliament or in one of its bodies or if proposed as rapporteur, any Member who has a direct
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 12 or 182 or Rule 188(2), or participate in an official delegation, pursuant to Rule 64 or Rule 188(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 147 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.

Article 3

The register shall be open to the public for inspection.

The register may be open to the public for inspection electronically.

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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 109

A.

GUIDELINES

1.

Questions shall be admissible only where they

— are concise and are drafted so as to permit a brief answer to be given,

— fall within the competence and sphere of responsibility of the Commission and the Council and are of general

interest,

— do not require extensive prior study or research by the institution concerned,

— are clearly worded and relate to a specific matter,

— do not contain assertions or opinions,

— do not relate to strictly personal matters,

— are not aimed at procuring documents or statistical information,

— are interrogatory in form.

A question shall be inadmissible if the agenda already provides for the subject to be discussed with the

2.
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.

The President shall rule on the admissibility of supplementary questions and shall limit their number so that

6.
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.

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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.

A question may be answered only if the questioner is present or has notified the President in writing, before

9.
Question Time begins, of the name of his substitute.

10.

If neither the questioner nor his substitute is present, the question shall lapse.

If a Member tables a question, but neither he nor his substitute are present at Question Time, the President shall
11.
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 110(4), first
subparagraph, unless the authors thereof request application of Rule 110(3).

13. The procedure for answers in writing shall be governed by Rule 110(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,

Recommends stricter application of the guidelines for the conduct of Question Time under Rule 43 (1), and in

1.
particular of point 1 of those guidelines concerning admissibility;

2.
Recommends more frequent use of the power conferred on the President of the European Parliament by Rule
43(3) (2) 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;

(1)
(2)

Now Rule 109.

Now Rule 109(3).

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Recommends, as regards supplementary questions, that as a general rule the President should allow one
3.
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 point 7 of the guidelines, to ensure that answers are

4.
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 115

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.

The number of subjects chosen shall be such as to allow a debate commensurate with their importance and

4.
should not exceed three, including subchapters.

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,
6.
shall reach agreement with the Council and Commission on the limitation of the speaking time for their respective
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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ANNEX IV

IMPLEMENTING PROCEDURES FOR EXAMINATION OF THE GENERAL BUDGET OF THE EUROPEAN
UNION AND SUPPLEMENTARY BUDGETS

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)

(g)

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,

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.

2. These documents shall be referred to the committee responsible. Any committee concerned may deliver an
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 37

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 — first stage

1.

Subject to the conditions set out below, any Member may table and speak in support of:

— draft amendments to the draft budget,

— 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 37
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 37 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 51(2) of the Rules of Procedure, Parliament shall take separate and successive votes on:

— each draft amendment and each proposed modification,

— each section of the draft budget,

— a motion for a resolution concerning the draft budget.

However, Rule 155(4) to (8) shall apply.

7. Articles, chapters, titles and sections of the draft budget in respect of which no draft amendments or proposed
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.

9.
If Parliament has adopted draft amendments that would raise the expenditure shown in the draft budget above
the 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

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votes cast. Where the proposal is rejected, the draft budget as a whole shall be referred back to the committee
responsible.

If Parliament has not amended the draft budget, adopted proposed modifications or adopted a proposal

10.
rejecting 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.

11. The minutes of the sitting at which Parliament delivered its opinion on the draft budget shall be forwarded to
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.

Article 5

Consideration of the Council's deliberations — 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.

3.
Such draft amendments shall be admissible only if they are presented in writing, bear the signature of at least 37
Members or are tabled on behalf of a committee and ensure the maintenance of a balance between revenue and
expenditure. Rule 46(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.

5. The committee responsible shall pronounce on the texts modified by the Council and deliver its opinion on the
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.

7. The Council's summary of the results of its deliberations on the proposed modifications adopted by Parliament
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.

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Article 6

Total rejection

1. A committee or at least 37 Members 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.

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

1.
Subject to the conditions set out below, any Member may submit a proposal for a decision different from that
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 37

2.
Members or are tabled by a political group or committee and state the grounds on which they are based.

3. The committee responsible shall deliver its opinion on the texts submitted before they are discussed in
Parliament.

4.

Parliament shall act by a majority of its component Members and three-fifths of the votes cast.

Article 8

Procedure to be applied when drawing up Parliament's estimates

1. As regards problems relating to Parliament's budget, the Bureau and the committee responsible for the budget
shall take decisions in successive stages on:

(a)

the establishment plan;

(b)

the preliminary draft and the draft estimates.

2. The decisions concerning the establishment plan will be taken according to the following procedure:

(a)

the Bureau shall draw up the establishment plan for each financial year;

(b)

a conciliation procedure between the Bureau and the committee responsible for the budget shall be opened in
cases where the opinion of the latter diverges from the initial decisions taken by the Bureau;

(c)

at the end of the procedure, the Bureau shall take the final decision on the estimates for the establishment plan,
in accordance with Rule 197(3), without prejudice to decisions taken pursuant to Article 272 of the EC Treaty.

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3. 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 73,
namely:

(a)

the Bureau shall draw up the preliminary draft estimates of revenue and expenditure (paragraph 1);

(b)

(c)

the committee responsible for the budget shall draw up the draft estimates of revenue and expenditure
(paragraph 2);

a conciliation procedure shall be opened in cases where the positions of the committee responsible for the
budget and the Bureau are widely divergent.

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ANNEX V

PROCEDURE FOR THE CONSIDERATION AND ADOPTION OF DECISIONS ON THE GRANTING OF
DISCHARGE

Article 1

Documents

1. The following documents shall be printed and distributed:

(a)

the revenue and expenditure account,
Commission;

the financial analysis and the balance sheet

forwarded by the

(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.

2. These documents shall be referred to the committee responsible. Any committee concerned may deliver an
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.

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;

(e)

the opinions of the committees concerned.

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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.

Article 4

Consideration and vote in Parliament

1. Any report by the committee responsible concerning the discharge shall be included on the agenda of the first
part-session following its tabling.

2. Amendments shall be admissible only to the motion for a resolution tabled pursuant to Article 3(1)(c).

3. Unless otherwise stipulated in Article 5, the vote on the proposals for decisions and the motion for a resolution
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 5

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.

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;

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(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 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

Committee responsible for:

1.

2.

3.

4.

5.

the common foreign and security policy (CFSP) and the European security and defence policy (ESDP). In this
context the committee is assisted by a subcommittee on security and defence;

relations with other EU institutions and bodies,
interparliamentary assemblies for matters falling under its responsibility;

the UNO and other international organisations and

the strengthening of political relations with third countries, particularly those in the immediate vicinity of the
Union, by means of major cooperation and assistance programmes or international agreements such as
association and partnership agreements;

the opening, monitoring and concluding of negotiations concerning the accession of European States to the
Union;

issues concerning human rights, the protection of minorities and the promotion of democratic values in third
countries. In this context the committee is assisted by a subcommittee on human rights. Without prejudice to
the relevant rules, members from other committees and bodies with responsibilities in this field shall be invited
to attend the meetings of the subcommittee.

The committee coordinates the work of joint parliamentary committees and parliamentary cooperation
committees as well as that of
the interparliamentary delegations and ad hoc delegations and election
observation missions falling within its remit.

II.

Committee on Development

Committee responsible for:

1.

the promotion, implementation and monitoring of the development and cooperation policy of the Union,
notably:

(a)

political dialogue with developing countries, bilaterally and in the relevant international organisations and
interparliamentary fora;

(b)

aid to, and cooperation agreements with, developing countries;

(c)

promotion of democratic values, good governance and human rights in developing countries.

2. matters relating to the ACP-EU Partnership Agreement and relations with the relevant bodies;

3.

Parliament's involvement in election observation missions, when appropriate in cooperation with other relevant
committees and delegations.

The committee coordinates the work of the interparliamentary delegations and ad hoc delegations falling within
its remit.

(1)

Adopted by decision of Parliament of 29 January 2004.

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III. Committee on International Trade

Committee responsible for:

matters relating to the establishment and implementation of the Union's common commercial policy and its external
economic relations, in particular:

1.

financial, economic and trade relations with third countries and regional organisations;

2. measures of technical harmonisation or standardisation in fields covered by instruments of international law;

3.

relations with the relevant international organisations and with organisations promoting regional economic and
commercial integration outside the Union;

4.

relations with the WTO, including its parliamentary dimension.

The committee liaises with the relevant interparliamentary and ad hoc delegations for the economic and trade
aspects of relations with third countries.

IV. Committee on Budgets

Committee responsible for:

1.

2.

3.

4.

5.

6.

7.

8.

9.

the multiannual financial framework of the Union's revenue and expenditure and the Union's system of own
resources;

Parliament's budgetary prerogatives, namely the budget of
implementation of interinstitutional agreements in this field;

the Union as well as the negotiation and

Parliament's estimates according to the procedure defined in the Rules;

the budget of the decentralised bodies;

the financial activities of the European Investment Bank;

the budgetisation of the European Development Fund, without prejudice to the powers of the committee
responsible for the ACP-EU Partnership Agreement;

financial implications and compatibility with the multiannual Financial Framework of all Community acts,
without prejudice to the powers of the relevant committees;

keeping track of and assessing the implementation of the current budget notwithstanding Rule 72(1), transfers
of appropriations, procedures relating to the establishment plans, administrative appropriations and opinions
concerning buildings-related projects with significant financial implications;

the Financial Regulation, excluding matters relating to the implementation, management and control of the
budget.

V.

Committee on Budgetary Control

Committee responsible for:

1.

2.

the control of the implementation of the budget of the Union and of the European Development Fund, and the
decisions on discharge to be taken by Parliament, including the internal discharge procedure and all other
measures accompanying or implementing such decisions;

the closure, presenting and auditing of the accounts and balance sheets of the Union, its institutions and any
bodies financed by it, including the establishment of appropriations to be carried over and the settling of
balances;

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3.

the control of the financial activities of the European Investment Bank;

4. monitoring the cost-effectiveness of the various forms of Community financing in the implementation of the

Union's policies;

5.

6.

7.

consideration of fraud and irregularities in the implementation of the budget of the Union, measures aiming at
preventing and prosecuting such cases, and the protection of the Union's financial interests in general;

relations with the Court of Auditors, the appointment of its members and consideration of its reports;

the Financial Regulation as far as the implementation, management and control of the budget are concerned.

VI. Committee on Economic and Monetary Affairs

Committee responsible for:

1.

2.

3.

the economic and monetary policies of the Union, the functioning of Economic and Monetary Union and the
European monetary and financial system (including relations with the relevant institutions or organisations);

the free movement of capital and payments (cross-border payments, single payment area, 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 Union's capital);

the international monetary and financial system (including relations with financial and monetary institutions
and organisations);

4.

rules on competition and State or public aid;

5.

tax provisions;

6.

the regulation and supervision of financial services, institutions and markets including financial reporting,
auditing, accounting rules, corporate governance and other company law matters specifically concerning
financial services.

VII. Committee on Employment and Social Affairs

Committee responsible for:

1.

employment policy and all aspects of social policy such as working conditions, social security and social
protection;

2.

health and safety measures at the workplace;

3.

the European Social Fund;

4.

vocational training policy, including professional qualifications;

5.

the free movement of workers and pensioners;

6.

social dialogue;

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7.

8.

all forms of discrimination at the workplace and in the labour market except those based on sex;

relations with:

— the European Centre for the Development of Vocational Training (Cedefop),

— the European Foundation for the Improvement of Living and Working Conditions,

— the European Training Foundation,

— the European Agency for Health and Safety at Work.

as well as relations with other relevant EU bodies and international organisations.

VIII. Committee on the Environment, Public Health and Food Safety

Committee responsible for:

1.

environmental policy and environmental protection measures, in particular concerning:

(a)

air, soil and water pollution, waste management and recycling, dangerous substances and preparations,
noise levels, climate change, protection of biodiversity;

(b)

sustainable development;

(c)

international and regional measures and agreements aimed at protecting the environment;

(d)

restoration of environmental damage;

(e)

civil protection;

(f)

the European Environment Agency.

2.

public health, in particular:

(a)

programmes and specific actions in the field of public health;

(b)

pharmaceutical and cosmetic products;

(c)

health aspects of bioterrorism,

(d)

the European Agency for the Evaluation of Medicinal Products and the European Centre of Disease
Prevention and Control.

3.

food safety issues, in particular:

(a)

the labelling and safety of foodstuffs;

(b)

veterinary legislation concerning protection against risks to human health; public health checks on
foodstuffs and food production systems;

(c)

the European Food Safety Authority and the European Food and Veterinary Office.

IX. Committee on Industry, Research and Energy

Committee responsible for:

1.

the Union's industrial policy and the application of new technologies, including measures relating to SMEs;

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2.

3.

4.

5.

6.

7.

the Union's research policy, including the dissemination and exploitation of research findings;

space policy;

the activities of the Joint Research Centre and the Central Office for Nuclear Measurements, as well as JET, ITER
and other projects in the same area;

Community measures relating to energy policy in general, the security of energy supply and energy efficiency
including the establishment and development of trans-European networks in the energy infrastructure sector;

the Euratom Treaty and Euratom Supply Agency; nuclear safety, decommissioning and waste disposal in the
nuclear sector;

the information society and information technology, including the establishment and development of trans-
European networks in the telecommunication infrastructure sector.

X.

Committee on the Internal Market and Consumer Protection

Committee responsible for:

1.

coordination at Community level of national legislation in the sphere of the internal market and of the customs
union, in particular:

(a)

the free movement of goods including the harmonisation of technical standards,

(b)

the right of establishment,

(c)

the freedom to provide services except in the financial and postal sectors.

2. measures aiming at the identification and removal of potential obstacles to the functioning of the internal

market;

3.

the promotion and protection of the economic interests of consumers, except for public health and food safety
issues, in the context of the establishment of the internal market.

XI. Committee on Transport and Tourism

Committee responsible for:

1. matters relating to the development of a common policy for rail, road, inland waterway, maritime and air

transport, in particular:

(a)

common rules applicable to transport within the European Union;

(b)

the establishment and development of trans-European networks in the area of transport infrastructure;

(c)

the provision of transport services and relations in the field of transport with third countries;

(d)

transport safety;

(e)

relations with international transport bodies and organisations.

2.

3.

postal services;

tourism.

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XII. Committee on Regional Development

Committee responsible for:

regional and cohesion policy, in particular:

(a)

the European Regional Development Fund, the Cohesion Fund and the other instruments of the Union's
regional policy;

(b)

assessing the impact of other Union policies on economic and social cohesion;

(c)

coordination of the Union's structural instruments;

(d)

outermost regions and islands as well as transfrontier and interregional cooperation,

(e)

relations with the Committee of the Regions, interregional cooperation organisations and local and regional
authorities.

XIII. Committee on Agriculture

Committee responsible for:

1.

2.

3.

4.

5.

6.

7.

the operation and development of the common agricultural policy;

rural development, including the activities of the relevant financial instruments;

legislation on:

(a)

veterinary and plant-health matters, animal feedingstuffs provided such measures are not intended to
protect against risks to human health;

(b)

animal husbandry and welfare.

the improvement of the quality of agricultural products;

supplies of agricultural raw materials;

the Community Plant Variety Office;

forestry.

XIV. Committee on Fisheries

Committee responsible for:

1.

2.

3.

4.

the operation and development of the common fisheries policy and its management;

the conservation of fishery resources;

the common organisation of the market in fishery products;

structural policy in the fisheries and aquaculture sectors, including the financial
guidance;

instruments for fisheries

5.

international fisheries agreements.

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XV. Committee on Culture and Education

Committee responsible for:

1.

the cultural aspects of the European Union, and in particular:

(a)

improving the knowledge and dissemination of culture;

(b)

the protection and promotion of cultural and linguistic diversity;

(c)

the conservation and safeguarding of cultural heritage, cultural exchanges and artistic creation.

the Union's education policy, including the European higher education area, the promotion of the system of
European schools and lifelong learning;

audiovisual policy and the cultural and educational aspects of the information society;

youth policy and the development of a sports and leisure policy;

information and media policy;

cooperation with third countries in the areas of culture and education and relations with the relevant
international organisations and institutions.

2.

3.

4.

5.

6.

XVI. Committee on Legal Affairs

Committee responsible for:

1.

2.

3.

4.

the interpretation and application of European law, compliance of European Union acts with primary law,
notably the choice of legal bases and respect for the principles of subsidiarity and proportionality;

the interpretation and application of international law, in so far as the European Union is affected;

the simplification of Community law, in particular legislative proposals for its official codification;

the legal protection of Parliament's rights and prerogatives, including its involvement in actions before the Court
of Justice and the Court of First Instance;

5.

Community acts which affect the Member States' legal order, namely in the fields of:

(a)

civil and commercial law;

(b)

company law;

(c)

intellectual property law;

(d)

procedural law.

6.

7.

8.

9.

environmental liability and sanctions against environmental crime;

ethical questions related to new technologies, in enhanced cooperation with the relevant committees;

the Statute for Members and the Staff Regulations of the European Communities;

privileges and immunities as well as verification of Members' credentials;

10.

the organisation and statute of the Court of Justice;

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11.

the Office for Harmonisation in the Internal Market.

XVII. Committee on Civil Liberties, Justice and Home Affairs

Committee responsible for:

1.

2.

3.

the protection within the territory of the Union of citizens' rights, human rights and fundamental rights,
including the protection of minorities, as laid down in the Treaties and in the Charter of Fundamental Rights of
the European Union;

the measures needed to combat all forms of discrimination other than those based on sex or those occurring at
the workplace and in the labour market;

legislation in the areas of transparency and of the protection of natural persons with regard to the processing of
personal data;

4.

the establishment and development of an area of freedom, security and justice, in particular:

(a) measures concerning the entry and movement of persons, asylum and migration as well as judicial and

administrative cooperation in civil matters;

(b) measures concerning an integrated management of the common borders;

(c) measures relating to police and judicial cooperation in criminal matters.

5.

6.

the European Monitoring Centre for Drugs and Drug Addiction and the European Monitoring Centre on Racism
and Xenophobia, Europol, Eurojust, Cepol and other bodies and agencies in the same area;

the determination of a clear risk of a serious breach by a Member State of the principles common to the
Member States.

XVIII. Committee on Constitutional Affairs

Committee responsible for:

1.

the institutional aspects of the European integration process, in particular in the framework of the preparation
and proceedings of conventions and intergovernmental conferences;

2.

the implementation of the EU Treaty and the assessment of its operation;

3.

the institutional consequences of enlargement negotiations of the Union;

4.

interinstitutional relations, including, in view of their approval by Parliament, examination of interinstitutional
agreements pursuant to Rule 120(2) of the Rules of Procedure;

5.

uniform electoral procedure;

6.

political parties at European level, without prejudice to the competences of the Bureau;

7.

the determination of the existence of a serious and persistent breach by a Member State of the principles
common to the Member States;

8.

the interpretation and application of the Rules of Procedure and proposals for amendments thereto.

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XIX. Committee on Women's Rights and Gender Equality

Committee responsible for:

1.

2.

3.

4.

5.

6.

7.

the definition, promotion and protection of women's rights in the Union and related Community measures;

the promotion of women's rights in third countries;

equal opportunities policy,
opportunities and treatment at work;

including equality between men and women with regard to labour market

the removal of all forms of discrimination based on sex;

the implementation and further development of gender mainstreaming in all policy sectors;

the follow-up and implementation of international agreements and conventions involving the rights of women;

information policy on women.

XX. Committee on Petitions

Committee responsible for:

1.

2.

petitions;

relations with the European Ombudsman.

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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)

Confidential documents shall mean documents and information to which public access may be refused in
1.
accordance with Article 4 of 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.

Three members of a committee which has applied the confidential procedure may request consideration of a
4.
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)

(4)

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.

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 ‘TRÈS SECRET/TOP SECRET’,
‘SECRET’ or ‘CONFIDENTIAL’, 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 Commission
of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of
inquiry (4) and without prejudice to existing arrangements, especially the Interinstitutional Agreement of 6 May

(2)
(3)
(4)

OJ C 298, 30.11.2002, p. 1.

OJ L 145, 31.5.2001, p. 43.

OJ L 113, 19.5.1995, p. 2.

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1999 between the European Parliament, the Council and the Commission on budgetary discipline and
improvement of the budgetary procedure (5).

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
the European Union or of one or more of its Member States or military and non-military crisis management.

2.2 At the request of one of the persons referred to in point 3.1, the Presidency of the Council or the Secretary-
General/High Representative shall inform them with all due despatch of the content of any 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 In the context of this Interinstitutional Agreement, the President of the European Parliament or the Chairman of
the European Parliament's Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy
may request
the Council or the Secretary-General/High 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

that

3.2 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.

3.3 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:

information intended for the chairman of the Committee on Foreign Affairs, Human Rights, Common Security
and Defence Policy;

access to information restricted to the members of the Committee on Foreign Affairs, Human Rights, Common
Security and Defence Policy only;

discussion in the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, meeting
in camera, in accordance with arrangements which may vary by virtue of the degree of confidentiality involved;

communication of documents from which information has been expunged in the light of the degree of secrecy
required.

(a)

(b)

(c)

(d)

(5)

OJ C 172, 18.6.1999, p. 1.

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These options are not applicable if sensitive information is classified as ‘TRÈS SECRET/TOP SECRET’.

As to information or documents classified as ‘SECRET’ or ‘CONFIDENTIAL’, 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.

4.

Final provisions

4.1 The European Parliament and the Council, each for its own part, shall take all necessary measures to ensure the
implementation of this Interinstitutional Agreement, including the steps required for the security clearance of
the persons involved.

4.2 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.

Implementation of

C.
information in the sphere of security and defence policy

the Interinstitutional Agreement governing Parliament access to sensitive

Decision of the European Parliament 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),

(6)
(7)
(8)

OJ C 298, 30.11.2002, p. 4.

OJ L 145, 31.5.2001, p. 43.

OJ C 374, 29.12.2001, p. 1.

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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,

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 ‘need-to-know’ 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 abovementioned
committee shall be held in camera.

(9)

OJ L 101, 11.4.2001, p. 1.

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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 ‘need-to-know’ principle shall have access to the meeting room.

Article 6

Pursuant to paragraph 3.3 of the abovementioned Interinstitutional Agreement, when the President of Parliament or
the chairman of the abovementioned 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-à-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 ‘need-to-know’ principle shall be invited to attend
the abovementioned 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 ‘need-to-know’ 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 the President and, if appropriate, disciplinary proceedings in accordance
with the Staff Regulations. 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 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 Union.

Article 13

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ANNEX VIII

DETAILED PROVISIONS GOVERNING THE EXERCISE OF THE EUROPEAN PARLIAMENT'S RIGHT OF
INQUIRY

Decision 95/167/EC, Euratom, ECSC 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 inquiry should be
determined with due regard for the provisions laid down by the Treaties establishing the European Communities;

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

Subject to the conditions and limits laid down by the Treaties referred to in Article 1 and in the course of its
1.
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 Union.

(1)

OJ L 113, 19.5.1995, p. 2.

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2. The temporary committee of inquiry shall carry out its duties in compliance with the powers conferred by the
Treaties on the institutions and bodies of the European Communities.

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.

3. A temporary committee of inquiry may not investigate matters at issue before a national or Community court of
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 12 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 Union.

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 12 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

1. The temporary committee of inquiry shall carry out the inquiries necessary to verify alleged contraventions or
maladministration in the implementation of Community law under the conditions laid down below.

2. The temporary committee of inquiry may invite an institution or a body of the European Communities or the
Government of a Member State to designate one of its members to take part in its proceedings.

3. On a reasoned request from the temporary committee of inquiry, 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.

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.

Insofar as is necessary for the performance of its duties, the temporary committee of inquiry may request any
8.
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

1. The information obtained by the temporary committee of inquiry shall be used solely for the performance of its
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.

2. The temporary committee of inquiry's report shall be submitted to the European Parliament, which may decide to
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.

Article 6

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.

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 7

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ANNEX IX

PROVISIONS GOVERNING THE APPLICATION OF RULE 9(2)

Lobbying in Parliament

Article 1

Passes

1. The pass shall consist of a plastic card, bearing a photograph of the holder, indicating the holder's surname and
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.

3.
Passes shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other
than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules
applicable to all other Union citizens.

Article 2

Assistants

1. At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants
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.

3. All other persons, including those working directly with Members, shall only have access to Parliament under the
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;

(d)

not claim any formal relationship with Parliament in any dealings with third parties;

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(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).

2. Any breach of this Code of Conduct may lead to the withdrawal of the pass issued to the persons concerned and,
if appropriate, their firms.

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ANNEX X

PERFORMANCE OF THE OMBUDSMAN'S DUTIES

A. Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 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 co-operation 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;

(1)

OJ L 113, 4.5.1994, p. 15. Decision as last amended by Decision 2002/262/EC, ECSC, Euratom (OJ L 92, 9.4.2002, p. 13).

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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;

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.

2. The Ombudsman shall perform his duties in accordance with the powers conferred on the Community
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 the Court of Justice and the Court of First 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.

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.

3. The complaint must allow the person lodging the complaint and the object of the complaint to be identified; 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.

6. Complaints submitted to the Ombudsman shall not affect time limits for appeals in administrative or judicial
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.

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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.

9. The Ombudsman shall as soon as possible inform the person lodging the complaint of the action he has taken on
it.

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 the assistance which he requests is not forthcoming, the Ombudsman shall inform the European Parliament,

4.
which shall make appropriate representations.

5. As far as possible, the Ombudsman shall seek a solution with the institution or body concerned to eliminate the
instance of maladministration and satisfy the complaint.

6.
If the Ombudsman finds there has been maladministration, he shall inform the institution or body concerned,
where appropriate making draft recommendations. The institution or body so informed shall send the Ombudsman a
detailed opinion within three months.

7. The Ombudsman shall then send a report to the European Parliament and to the institution or body 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.

8. At the end of each annual session the Ombudsman shall submit to the European Parliament a report on the
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

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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.

2.
If, in the course of inquiries, he learns of facts which he considers might relate to criminal 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.

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

1. The Ombudsman shall be appointed by the European Parliament after each election to the European 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

1. The Ombudsman shall cease to exercise his duties either at the end of his term of office or on his resignation or
dismissal.

2.

Save in the event of his dismissal, the Ombudsman shall remain in office until his successor has been appointed.

In the event of early cessation of duties, a successor shall be appointed within three months of the office's falling

3.
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
1. The Ombudsman shall perform his duties with complete independence,
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

1. During his term of office, the Ombudsman may not engage in any political or administrative duties, or any other
occupation, whether gainful or not.

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2. The Ombudsman shall have the same rank in terms of remuneration, allowances and pension as a judge at the
Court of Justice of the European Communities.

3. Articles 12 to 15 and Article 18 of the Protocol on the Privileges and Immunities of the European Communities
shall apply to the Ombudsman and to the officials and servants of his secretariat.

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 meaning

4.
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 Union. It shall enter into force on the date of its
publication.

B. Decision of the European Ombudsman adopting implementing provisions (2)

Article 1

Definitions

In these implementing provisions,

(2)

Adopted on 8 July 2002 and amended by decision of the Ombudsman of 5 April 2004.

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(a)

(b)

‘institution concerned’ means the Community institution or body which is the object of a complaint or an own
initiative inquiry;

‘the Statute’ 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.

2.2. An acknowledgement of receipt is sent to the complainant, quoting the registration number of the complaint
and identifying the legal officer who is dealing with the case.

2.3. A petition transferred to the Ombudsman by the European Parliament with the consent of the petitioner is
treated as a complaint.

In appropriate cases and with the consent of the complainant, the Ombudsman may transfer a complaint to the

2.4.
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.

If a complaint is outside the mandate, or inadmissible, the Ombudsman closes the file on the complaint. He
3.2.
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

4.1. The Ombudsman decides whether there are sufficient grounds to justify making inquiries into an admissible
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.

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.

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Article 5

Powers of investigation

Subject to the conditions laid down in the Statute, the Ombudsman may require Community institutions and
5.1.
bodies and the authorities of Member States to supply, within a reasonable time, information or documents for the
purposes of an inquiry.

5.2. The Ombudsman may inspect the file of the Community institution concerned in order to verify the 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.

5.3. The Ombudsman may require officials or other servants of Community institutions or bodies to give evidence
under the conditions laid down in the Statute.

5.4. The Ombudsman may request Community institutions and bodies to make arrangements for him to pursue his
inquiries on the spot.

5.5. The Ombudsman may commission such studies or expert reports, as he considers necessary to the success of
an inquiry.

Article 6

Friendly solutions

If the Ombudsman finds maladministration, as far as possible he cooperates with the institution concerned in

6.1.
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.

Article 8

Reports and recommendations

8.1. The Ombudsman makes a report with draft recommendations to the institution concerned if he considers
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.

8.2. The Ombudsman sends a copy of his report and draft recommendations to the institution concerned and to
the complainant.

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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
in relation to the instance of maladministration. The report may contain
to the European Parliament
recommendations. The Ombudsman sends a copy of the report to the institution concerned and to the complainant.

Article 9

Own-initiative inquiries

9.1. The Ombudsman may decide to undertake inquiries on his own initiative.

9.2. The Ombudsman's powers of investigation when conducting own initiative inquiries are the same as in
inquiries instituted following a complaint.

9.3. The procedures followed in inquiries instituted following a complaint also apply, by analogy, to own initiative
inquiries.

Article 10

Points of procedure

If the complainant so requests, the Ombudsman classifies a complaint as confidential. If he considers that it is
10.1.
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.

If he considers it appropriate to do so, the Ombudsman may take steps to ensure that a complaint is dealt with

10.2.
as a matter of priority.

If legal proceedings are instituted in relation to matters under investigation by the Ombudsman, he closes the

10.3.
case. The outcome of any inquiries he has carried out up to that point is filed without further action.

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.

Article 11

Reports to the European Parliament

11.1. The Ombudsman submits an annual report to the European Parliament on his activities as a whole, including
the outcome of his inquiries.

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. The annual and special reports of the Ombudsman may contain such recommendations as he thinks
appropriate to fulfil his responsibilities under the Treaties and the Statute.

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

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Union and European Community law.

Article 13

The complainant's right to see the file

13.1. The complainant shall be entitled to see the Ombudsman's file on his or her complaint, subject to Article 13.3
below.

13.2. The complainant may exercise the right to see the file on the spot. He or she may request the Ombudsman to
supply a copy of the whole file, or of specific documents in the file.

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. Applications for access to documents shall be made in writing (letter, fax or e-mail) and in a sufficiently precise
manner to enable the document to be identified.

14.4. Applications for access to the following documents shall be granted automatically, except in relation to
complaints that are classified as confidential in accordance with Article 10.1 above:

(a)

the general register of complaints;

(b)

complaints and documents annexed thereto by the complainant;

(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. Access is given on the spot or by providing a copy. The Ombudsman may impose reasonable charges for the
supply of copies. The method of calculation of any charge is explained.

14.6. Access to the documents mentioned in Article 14.4 above is provided promptly. Decisions on applications for
public access to other documents are made within 15 working days from receipt.

14.7.

If an application for access to a document is refused in whole or in part reasons are given for the refusal.

(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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Article 15

Languages

15.1. A complaint may be submitted to the Ombudsman in any of the Treaty languages. The Ombudsman is not
required to deal with complaints submitted in other languages.

15.2. The language of proceedings conducted by the Ombudsman is one of the Treaty languages; in the case of a
complaint, the language in which it is written.

15.3. The Ombudsman determines which documents are to be drawn up in the language of the proceedings.

15.4. Correspondence with the authorities of Member States is conducted in the official language of the state
concerned.

15.5. The annual report, special reports and, where possible, other documents published by the Ombudsman are
produced in all official languages.

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. Any reports or summaries of the Ombudsman's decisions concerning confidential complaints are published
in a form that does not allow the complainant to be identified.

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. The President of
announcement shall also be published in the Official Journal.

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) (2) thereof,

Whereas:

Regulation (EC) No 1073/1999 of the European Parliament and of the Council (3) and Council Regulation (Euratom)
No 1074/1999 (4) 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 the Staff Regulations), 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)
(2)
(3)
(4)

Adopted on 18 November 1999.

Now Rule 204(c).

OJ L 136, 31.5.1999, p. 1.

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.

Article 6

Information on the closing of the investigation with no further action taken

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.

Article 8

Effective date

This Decision shall take effect on the date of its adoption by the European Parliament.

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ANNEX XII

EXERCISE OF IMPLEMENTING POWERS CONFERRED ON THE COMMISSION

Extract from the European Parliament resolution (1) on the agreement between the European
A.
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 implementing measure, taking account of Parliament's resolution, and whereas the Commission
must furthermore provide information on the action it intends to take on the resolution and the reasons for doing so,

Whereas Article 7(3) of the Decision provides for Parliament 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,

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;

Considers that all the ‘committees’ which existed before the Decision of 28 June 1999 should be modified in
2.
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 (4) 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 (5) and
renders them null and void.

(1)
(2)
(3)
(4)
(5)

Adopted on 17 February 2000.

OJ L 184, 17.7.1999, p. 23.

OJ C 203, 17.7.1999, p. 1.

Now Rule 81.

OJ C 102, 4.4.1996, p. 1.

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Agreement between the European Parliament and the Commission on procedures for implementing

B.
Decision 1999/468/EC

1.
Pursuant to Article 7(3) of Decision 1999/468/EC, the European Parliament is to be informed by the
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.

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.

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.

5.
Pursuant to Article 8 of Decision 1999/468/EC, the European Parliament may indicate, in a resolution setting
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.

The European Parliament is to adopt such resolutions in plenary; it is to have a period of one month in which to
6.
do so, beginning on the date of receipt of the final draft of the implementing measures in the language versions
submitted to the Commission.

In urgent cases, and in the case of measures relating to day-to-day administrative matters and/or having a limited
7.
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.

Following adoption by the European Parliament of a resolution setting out the grounds on which it is based, the
the

8.
Member of
parliamentary committee responsible, of the action the Commission intends to take thereon.

the Commission responsible is to inform the European Parliament or, where appropriate,

9.
The European Parliament supports the aim and the procedures set out in Declaration No 2 of the Council and
the Commission. 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.

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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 (3),

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)
(2)
(3)

Approved by the Conference of Presidents on 29 June 2000.

OJ C 54, 25.2.2000, p. 51.

Now Rules 98 and 99.

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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.

The Commission shall continue to report regularly to the European Parliament on action taken in response to

3.
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.

The Commission shall ensure, within its abilities, that the European Parliament is kept informed and is fully

6.
associated with the preparation and conduct of Intergovernmental Conferences.

An incoming Commission shall present, as soon as possible, its political programme, containing all its proposed

7.
guidelines for its term of office, and shall establish a dialogue with the European Parliament.

The Commission shall submit reports at regular intervals to the European Parliament on the implementation of
8.
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:

— either at a plenary sitting, if the European Parliament is in session;

— or before the Conference of Presidents, which shall be open to all Members of the European Parliament on that

occasion;

— 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 there is a regular and direct flow of information between the

14.
Commissioner and the chairperson of the parliamentary committee concerned.

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.

In connection with the annual discharge governed by Article 276 of the EC Treaty, the European Parliament and
17.
the Commission agree that
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.

the Commission shall

forward all

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 — of which the European Parliament has not been informed pursuant to
18.
point 13 of this Framework Agreement — is circulated outside the institutions, the President 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.

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

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fullest account of such proposals.

23. Requests from Commissioners to make a statement at a plenary sitting, pursuant to Rule 37 (4) 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 Working Group on Information and Communication. In this context they may draw up joint
actions aimed at 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 (5)
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 programme, in order for the European Parliament to take this into account in its own legislative planning. The
Commission shall as soon as possible inform the interinstitutional 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.

(4)
(5)

Now Rule 103.

OJ C 89, 10.4.1995, p. 68.

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CHOICE OF LEGAL BASIS

The Commission undertakes to inform the European Parliament, at the same time as the Council, of any

3.
proposal amending legal bases in the course of decision-making procedures.

The Commission shall take the utmost account of all changes to the legal bases of its proposals contained in the

4.
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 the
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 (6).

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)

(ii)

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.

The Commission shall ensure that the Council adheres to the rules developed by the Court of Justice requiring
the European Parliament to be re-consulted if the Council substantially amends a Commission proposal. The
Commission shall
the need for
re-consultation.

inform the European Parliament of any reminder to the Council of

(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:

— as far as possible to appoint rapporteurs on future proposals as soon as the legislative programme is

adopted;

— to consider requests for reconsultation as a matter of absolute priority provided that all the necessary

information has been forwarded to it;

— to take account of the priorities considered by the Commission and Council in planning its activities;

— 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;

— 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.

(6)

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.

The Commission shall give the European Parliament and the Council prior notification before withdrawing its

9.
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 Decision 1999/468/EC shall be governed by the agreement between the Commission
and the European Parliament on the procedures for implementing that decision (7).

The European Parliament and the Commission shall ensure the strict implementation of this agreement.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 (8) shall continue to apply to implementing acts covering the Structural Funds.

MONITORING THE APPLICATION OF COMMUNITY LAW

13.
In addition to specific reports and the annual report on the application of Community law, the Commission
shall, 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 interinstitutional coordination working group.

ANNEX 2

Forwarding to the European Parliament information on international agreements and enlargement, and
involvement of the European Parliament in this respect

In order to enable more specific implementation of the general principle contained in the framework
1.
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:

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

(7)
(8)

OJ L 256, 10.10.2000, p. 19. See Annex XII.

OJ C 279, 1.10.1999, p. 488.

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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.

The Commission shall take the necessary steps to ensure that the European Parliament is immediately and fully

4.
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

The Commission shall keep the European Parliament

6.
the progress of enlargement
negotiations, so as to enable it to express its views in good time through the appropriate parliamentary procedures.

fully informed of

In this context the Commission will, within its means, provide relevant oral or written information to the

7.
European Parliament on the major aspects and developments concerning enlargement.

8. When the European Parliament adopts a recommendation on these matters, pursuant to Rule 96 (9) of its Rules
of Procedure, and when,
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.

the Commission decides that

important reasons,

for

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.

(9)

Now Rule 82.

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1.2.

‘Information’ shall mean any written or oral information, whatever the medium and whoever the author
may be.

1.3. 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.

1.4.

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.

1.5.

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.

1.6. These provisions shall apply without prejudice to Decision 95/167/EC, Euratom, ECSC and the relevant
provisions of Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the
European Anti-fraud Office (OLAF) (10).

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:

— fundamental human rights, including the right to a fair trial and the right to protection of privacy;

— provisions governing judicial and disciplinary procedures;

— protection of business secrecy and commercial relations;

— 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

(10) OJ L 136, 31.5.1999, p. 20.

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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.

3.

Arrangements for access to and the handling of confidential information

3.1. Confidential information forwarded in accordance with the procedures set out 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 information shall be laid down by common accord between the Member 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:

— information intended for the chairperson of and the rapporteur for the relevant parliamentary

committee;

— 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;

— 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;

— communication of documents from which all personal details have been expunged;

— 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:

— a secure archive system for documents classified as confidential;

— a secure reading room (without photocopying machines, telephones, fax facilities, scanners or any

other technical equipment for the reproduction and transmission of documents, etc.);

— security provisions governing access to the reading room, including the requirements of signature in
information

an access register and a solemn declaration not to disseminate the confidential
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)

(c)

(d)

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.

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 10 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)
(2)

(3)

(4)

Approved by the Conference of Presidents on 31 January 2002.

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.

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.

To be included: calendar and, where appropriate, legal base and budgetary implications.

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ANNEX XV

LIST OF PARLIAMENT DOCUMENTS DIRECTLY ACCESSIBLE THROUGH THE REGISTER

1. Documents relating to Parliament's activities

1.1. Parliament's Rules of Procedure

1.2. Plenary documents

— Draft agendas

— Final draft agendas

— Agendas

— Verbatim Report of Proceedings of sittings

— Minutes, provisional edition

— Minutes, final edition

— Registers of attendance

— Results of roll-call votes

— Texts Adopted

— Consolidated texts

— Budget-related decisions

— Amendments contained in reports

— Other amendments intended for plenary

— Amendments to joint motions for resolutions

— Draft amendments and proposed modifications to the draft budget

— Motions for resolutions and proposals for decisions

— Joint motions for resolutions

1.3. Documents relating to Members' activities

— Members' declarations of financial interests

— Written declarations

— Written questions

— Oral questions tabled by a Member, a political group or a parliamentary committee

— Questions for Question Time

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— Answers to written questions

— Answers to questions for Question Time

— Motions for resolutions

— Proposed amendments to the Rules of Procedure

— List of Members

— List of Members' assistants

1.4. Parliamentary committee documents

— Agendas

— Minutes

— Working documents

— Draft reports

— Amendments to draft reports

— Reports

— Draft opinions

— Amendments to draft opinions

— Opinions

— Records of attendance

1.5. Parliamentary delegation documents

— Agendas

— Minutes

— Working documents

— Records of attendance

— Recommendations and statements

1.6. Conciliation documents

— Joint working documents

— Joint texts approved by the Conciliation Committee

— Conciliation manual

— Records of attendance

1.7. Documents from other Parliament bodies

— 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

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— Agendas

— Minutes

— Summaries of decisions

— Activity reports by the Conference of Committee Chairmen

2.

General information documents

2.1. Bulletin of Parliament

— Activities

— Calendar of meetings

— Special edition for European Councils

— Activities of the European Parliament — post-session

2.2. Press documents

— Press releases

— News Report

— News Alert

— Background Notes

— Daily Notebook

— Briefing

— The week

2.3. Parliament studies and publications

— Studies

— Working documents

— Briefings

— Memoranda

— 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.

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3.1. Commission

— COM documents

— SEC documents

— Decisions by the College of Commissioners

— ‘Comitology’ acts (documents relating to Parliament's right of scrutiny, draft acts, agendas, minutes,

opinions and documents for information)

3.2. Council

— Documents and communications forwarded in connection with legislative and budgetary procedures,

procedures for discharge, appointments and the conclusion of agreements

3.3. European Central Bank

— Communications

3.4. European Investment Bank

— Communications

3.5. Committee of the Regions

— Communications

3.6. European Economic and Social Committee

— Communications

3.7. Court of Auditors

— Communications

3.8.

Interinstitutional relations

— 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 — secretariat notifications of Parliament decisions

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ANNEX XVI

REGULATION (EC) No 1049/2001 ON PUBLIC ACCESS TO DOCUMENTS

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 (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)

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.

(2) 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.

(3)

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.

(4)

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.

(5)

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.

(6) Wider access should be granted to documents in cases where the institutions are acting in their legislative
capacity,
including under delegated powers, while at the same time preserving the effectiveness of the
institutions' decision-making process. Such documents should be made directly accessible to the greatest
possible extent.

(1)
(2)
(3)

OJ L 145, 31.5.2001, p. 43.

OJ C 177 E, 27.6.2000, p. 70.

Opinion of the European Parliament of 3 May 2001 and Council Decision of 28 May 2001.

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(7)

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.

(8)

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.

(9) 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

(10)

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 Treaty of Amsterdam provides that a Member State may request the Commission
or the Council not to communicate to third parties a document originating from that State without its prior
agreement.

(11)

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
assessing the exceptions, the institutions should take account of the principles in Community legislation
concerning the protection of personal data, in all areas of Union activities.

(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, judicial

authorities or investigative bodies.

(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,

(4)
(5)
(6)

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).

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).

OJ L 263, 25.9.1997, p. 27.

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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 the institutions) documents
provided for in Article 255 of the EC Treaty in such a way as to ensure the widest possible access to documents,

(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.

2. The institutions may, subject to the same principles, conditions and limits, grant access to documents to any
natural or legal person not residing or not having its registered office in a Member State.

3. This Regulation shall apply to all documents held by an institution, that is to say, documents drawn up or
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.

Sensitive documents as defined in Article 9(1) shall be subject to special treatment in accordance with that

5.
Article.

6. This Regulation shall be without prejudice to rights of public access to documents held by the institutions which
might follow from instruments of international law or acts of the institutions implementing them.

Article 3

Definitions

For the purpose of this Regulation:

(a)

‘document’ 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)

‘third party’ 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.

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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:

— public security,

— defence and military matters,

— international relations,

— the financial, monetary or economic policy of the Community or a Member State;

(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:

— commercial interests of a natural or legal person, including intellectual property,

— court proceedings and legal advice,

— 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.

4. As regards third-party documents, the institution shall consult the third party with a view to assessing whether an
exception in paragraph 1 or 2 is applicable, unless it is clear that the document shall or shall not be disclosed.

5. A Member State may request the institution not to disclose a document originating from that Member State
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.

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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.

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.

4. The institutions shall provide information and assistance to citizens on how and where applications for access to
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 to make a

4.
confirmatory application.

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.

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Failure by the institution to reply within the prescribed time limit shall be considered as a negative reply and
to institute court proceedings against the institution and/or make a complaint to the

3.
entitle the applicant
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 ‘TRÈS SECRET/TOP SECRET’, ‘SECRET’ or
‘CONFIDENTIEL’ 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.

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.

4. An institution which decides to refuse access to a sensitive document shall give the reasons for its decision in a
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.

7. The Commission and the Council shall
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.

If a document has already been released by the institution concerned and is easily accessible to the applicant, the
2.
institution may fulfil its obligation of granting access to documents by informing the applicant how to obtain the
requested document.

3. Documents shall be supplied in an existing version and format (including electronically or in an alternative
format 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.

the register shall contain a reference number

(including, where applicable,

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3. The institutions shall immediately take the measures necessary to establish a register which shall be operational
by 3 June 2002.

Article 12

Direct access in electronic form or through a register

1. The institutions shall as far as possible make documents directly accessible to the public in electronic form or
through a register in accordance with the rules of the institution concerned.

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.

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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

1. The institutions shall develop good administrative practices in order to facilitate the exercise of the right of access
guaranteed by this Regulation.

25. The institutions shall establish an interinstitutional committee to examine best practice, address possible
conflicts 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

Each institution shall publish annually a report for the preceding year including the number of cases in which the
1.
institution refused to grant access to documents, the reasons for such refusals and the number of sensitive documents
not recorded in the register.

2. At the latest by 31 January 2004, the Commission shall publish a report on the implementation of the principles
of this Regulation and shall make recommendations, including, if appropriate, proposals for the revision of this
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.

(7)

OJ L 43, 15.2.1983, p. 1.

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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 Union.

It shall be applicable from 3 December 2001.