European Parliament decision on the amendments to be made to the European Parliament's Rules of Procedure relating to standards for the conduct of Members of the European Parliament (2005/2075(REG))
Date: 2006-01-19
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: Member of the European Parliament, access to information, duties of civil servants, parliamentary rules of procedure, parliamentary sitting, provision of documents, rules of procedure

C 287 E/254

EN

Official Journal of the European Union

24.11.2006

Thursday, 19 January 2006

TEXTS ADOPTED

P6_TA(2006)0021

Standards of conduct of Members (Amendment of the Rules of Procedure)

European Parliament decision on the amendments to be made to the European Parliament's Rules
of Procedure relating to standards for the conduct of Members of the European Parliament
(2005/2075(REG))

The European Parliament,

— having regard to the letter of 18 March 2005 from its President,

— having regard to the amendments to its Rules of Procedure drawn up by the Bureau on 7 March 2005,

— having regard to Rule 202 of its Rules of Procedure,

— having regard to the report of the Committee on Constitutional Affairs (A6-0413/2005),

A. whereas it must be possible for the business of the House to be conducted in a dignified atmosphere,

although the vibrancy of plenary debates must also be maintained,

B. whereas the provisions currently included in its Rules of Procedure do not allow for an appropriate
response in the event of disruption of its business or of other activities taking place within its precincts,

C. whereas, as is the case in all parliamentary assemblies, provision must be made for the possibility of
penalties being imposed on any Member or Members not complying with the standards of conduct, for
the definition of the major principles of which, as well as for the devising of an internal appeals proce-
dure that guarantees the right of defence of Members on whom penalties have been imposed, it bears
responsibility,

1. Decides to amend its Rules of Procedure as set out below;

2. Decides that these amendments shall enter into force on the first day of the next part-session, pursuant
to Rule 202(3) of its Rules of Procedure;

Instructs its President to forward this decision to the Council, to the Commission and to the parlia-

3.
ments of the Member States, for information.

PRESENT TEXT

AMENDMENTS

Amendment 1

Rule 9, title and paragraph 1, subparagraph 1

Code of conduct

Members'
financial
access to Parliament

interests, standards of conduct and

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.

Parliament may lay down rules governing the transpar-
interests, which shall be

1.
ency of its Members' financial
attached to these Rules of Procedure as an annex.

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PRESENT TEXT

AMENDMENTS

Thursday, 19 January 2006

Amendment 2

Rule 9, paragraph 1 a (new)

1a. Members' conduct shall be characterised by mutual
respect, be based on the values and principles laid down in
the basic texts on which the European Union is founded,
respect the dignity of Parliament and not compromise the
smooth conduct of parliamentary business or disturb the
peace and quiet of any of Parliament's premises.

Failure to comply with these principles may lead to applica-
tion of the measures provided for in Rules 146, 147 and
148.

Amendment 3

Rule 9, paragraph 1 b (new)

1b.
The application of this Rule shall in no way detract
from the liveliness of parliamentary debates nor undermine
Members' freedom of speech.

It shall be based on full respect for Members' prerogatives,
as laid down in primary law and the Statute applicable to
them.

It shall be based on the principle of transparency and be so
undertaken that the relevant provisions are made clear to
Members, who shall be informed individually of their rights
and obligations.

Amendment 4

Interpretation of Rule 22, paragraph 3

The term 'conduct of sittings' includes the matter of the
conduct of Members within all of Parliament's premises.

Amendment 5

Rule 96, paragraph 3

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 European Parliament and Council Regu-
lation (EC) No 1049/2001, open documents and minutes
from the meeting to public access.

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 European Parliament and Council Regu-
lation (EC) No 1049/2001, open documents and minutes
from the meeting to public access. Rule 147 shall apply in
the event of any breach of the rules governing confidenti-
ality.

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Official Journal of the European Union

24.11.2006

Thursday, 19 January 2006

PRESENT TEXT

AMENDMENTS

Amendment 6

Title VI, Chapter 3 a (new), title (new)

CHAPTER 3a

MEASURES TO BE TAKEN IN THE EVENT OF NON-
COMPLIANCE WITH THE STANDARDS OF CONDUCT
OF MEMBERS

(to be inserted before Rule 146)

Amendment 7

Rule 146, title and paragraph 1

Order in the Chamber

Immediate measures

The President shall call

1.
creates a disturbance during the proceedings.

to order any Member who

The President shall call

1.
to order any Member who
disrupts the smooth conduct of the proceedings or whose
conduct fails to comply with the relevant provisions of
Rule 9.

Amendment 8

Rule 146, paragraph 3

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

3.
Should the disturbance continue, or if a further offence
is committed, the President may deny the offender the right
to speak and exclude him from the Chamber
the
remainder of the sitting. He may also resort to the latter
measure immediately and without a second call to order in
cases of exceptional seriousness. The Secretary-General shall,
without delay, see to it that such disciplinary measures are
carried out, with the assistance of the ushers and, if necessary,
of Parliament's Security Service.

for

Amendment 9

Rule 146, paragraph 3 a (new)

Should disturbances threaten to obstruct the business
3a.
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 recon-
vene the sitting.

Amendment 10

Rule 146, paragraph 3 b (new)

The powers provided for in paragraphs 1 to 3a shall
3b.
be vested, mutatis mutandis,
in the presiding officers of
bodies, committees and delegations as provided for in the
Rules of Procedure.

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Official Journal of the European Union

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PRESENT TEXT

AMENDMENTS

Thursday, 19 January 2006

Amendment 11

Rule 146, paragraph 3 c (new)

3c. Where appropriate, and bearing in mind the serious-
ness of the breach of the Members' standards of conduct, the
Member in the Chair may, no later than the following part-
session or the following meeting of the body, committee or
delegation concerned, ask the President to apply Rule 147 .

Amendment 12

Rule 147

Exclusion of Members

Penalties

1.
In serious cases of disorder or disruption of Parliament,
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 disci-
plinary 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.
In exceptionally serious cases of disorder or disruption
of Parliament in violation of the principles laid down in Rule
9, the President, after hearing the Member concerned, shall
adopt a reasoned decision laying down the appropriate
penalty, which he shall notify to the Member concerned and
to the presiding officers of the bodies, committees and dele-
gations on which the Member serves, before announcing
them to plenary.

2. When assessing the conduct observed account shall be
taken of its exceptional, recurrent or permanent nature and
of its seriousness, on the basis of the guidelines annexed to
these Rules of Procedure. (*)

The penalty may consist of one or more of

3.
following measures:
(a) a reprimand;

the

(b) forfeiture of entitlement to the daily subsistence allow-

ance for a period of between 2 and 10 days;

(c) without prejudice to the right to vote in plenary, and
subject, in this instance, to strict compliance with the
Members' standards of conducts, temporary suspension,
for a period of between 2 and 10 consecutive days on
which Parliament or any of its bodies, committees or
delegations meet, from participation in all or some of
the activities of Parliament;

(d) submission to the Conference of Presidents, pursuant to
Rule 18, of a proposal for the Member's suspension or
removal from one or more of the elected offices held by
the Member in Parliament.

(*) See Annex XVIa.

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Official Journal of the European Union

24.11.2006

Thursday, 19 January 2006

PRESENT TEXT

AMENDMENTS

Disturbances

Internal appeal procedures

Amendment 13

Rule 148

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.

The Member concerned may lodge an internal appeal with
the Bureau within two weeks of notification of the penalty
imposed by the President. Such an appeal shall have the
effect of suspending the application of that penalty. The
Bureau may, not later than four weeks after the lodging of
the appeal, annul, confirm or reduce the penalty imposed,
without prejudice to the external rights of appeal open to
the Member concerned. Should the Bureau fail to take a
decision within the time-limit laid down, the penalty shall be
declared null and void.

Amendment 14

Annex XVI a (new)

ANNEX XVIa

Guidelines for the interpretation of the standards of conduct
of Members

1. A distinction should be drawn between visual actions,
which may be tolerated, provided they are not offensive
and/or defamatory, remain within reasonable bounds and
do not lead to conflict, and those which actively disrupt
any parliamentary activity whatsoever.

2. Members shall be held responsible for any failure by
persons whom they employ or for whom they arrange
access to Parliament to comply on Parliament's premises
with the standards of conduct applicable to Members.

The President or his representatives may exercise disci-
plinary powers over such persons and any other outside
person present on Parliament's premises.

P6_TA(2006)0022

Implementation of the European Charter for Small Enterprises

European Parliament resolution on implementing the European Charter for Small Enterprises
(2005/2123(INI))

The European Parliament,

— having regard to its resolution of 9 March 2005 on the mid-term review of the Lisbon Strategy (1),

— having regard to the Presidency Conclusions of the Lisbon European Council in March 2000;

(1) OJ C 320 E, 15.12.2005, p. 164.