European Parliament decision on the amendment of Rules 3 and 4 of Parliament's Rules of Procedure (2005/2036(REG))
Date: 2006-10-12
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: European Parliament, Member of the European Parliament, Statute for Members of the Parliament, operation of the Institutions, parliamentary election, rules of procedure

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16.12.2006

Thursday 12 October 2006

— having regard to Rules 80, 51 and 43 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0320/2006),

1.

2.

Approves the Commission proposal;

Instructs its President to forward its position to the Council and the Commission.

P6_TA(2006)0408

Amendment of Rules 3 and 4 of Parliament's Rules of Procedure

European Parliament decision on the amendment of Rules 3 and 4 of Parliament's Rules of
Procedure (2005/2036(REG))

The European Parliament,

— having regard to its decision of 14 December 2004 on the verification of credentials (1) and notably

paragraph 6 thereof,

— having regard to the letter from its Secretary General dated 15 February 2005,

— having regard to Rules 201 and 202 of its Rules of Procedure,

— having regard to the report of the Committee on Constitutional Affairs and the opinion of the

Committee on Legal Affairs (A6-0274/2006),

1.

Decides to amend its Rules of Procedure as shown below;

Points out that these amendments will enter into force on the first day of the next part-session

2.
pursuant to Rule 202(3) of its Rules of Procedure;

3.

Instructs its President to forward this decision to the Council and Commission, for information.

PRESENT TEXT

AMENDMENTS

Amendment 1
Rule 3, paragraph −1 (new)

−1.
Following elections to the European Parliament, the
President shall invite the competent authorities of the Member
States to notify Parliament without delay of the names of the
elected Members so that all Members may take their seats in
Parliament with effect from the opening of the first sitting
following the elections.

At the same time, the President shall draw the attention of
those authorities to the relevant provisions of the Act of
20 September 1976 and invite them to take the necessary
measures to avoid any incompatibility with the office of Mem-
ber of the European Parliament.

(The current Rule 3(6) is deleted.)

(1) OJ C 226 E, 15.9.2005, p. 51.

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PRESENT TEXT

AMENDMENTS

Thursday 12 October 2006

Amendment 2
Rule 3, paragraph −1a (new)

−1a.
Every Member whose election has been notified to
Parliament shall make a written declaration, before taking
his seat in Parliament, that he does not hold any office incom-
patible with that of Member of the European Parliament
within the meaning of Article 7(1) or (2) of the Act of
20 September 1976. Following general elections, this declara-
tion shall be made where possible no later than six days prior
to Parliament's constitutive sitting. Until such time as a Mem-
ber's credentials have been verified or a ruling has been given
on any dispute, and provided that he has previously signed the
above-mentioned written declaration, the Member shall take
his seat in Parliament and on its bodies and shall enjoy all
the rights attaching thereto.

Where it is established from facts verifiable from sources
available to the public that a Member holds an office incom-
patible with that of Member of the European Parliament,
within the meaning of Article 7(1) and (2) of the Act of
20 September 1976, Parliament, upon information provided
by its President, shall establish that there is a vacancy.

(The current Rule 3(5) is deleted.)

Amendment 3

Rule 3, paragraph 2, subparagraph 2

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.

It shall not be possible to confirm the validity of the mandate of
a Member unless the written declarations required under this
Rule and Annex I to these Rules have been made.

Amendment 4

Rule 4, paragraph 4

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 Mem-
ber of the European Parliament, the President shall inform Par-
liament, which shall establish that there is a vacancy.

4. Where the competent authority of a Member State noti-
fies the President of the end of the term of office of a Member
of the European Parliament pursuant to the provisions of the
law of that Member State, as a result either of incompatibil-
ities within the meaning of Article 7(3) of the Act of 20 Sep-
tember 1976 or withdrawal of the mandate pursuant to Arti-
cle 13(3) of that Act, the President shall inform Parliament
that the mandate ended on the date communicated by the
Member State and invite the Member State to fill the vacant
seat without delay.

Where the competent authorities of the Member States or of the
Union or the Member concerned notify the President of an
appointment or election to an office incompatible with the
office of Member of the European Parliament within the mean-
ing of Article 7(1) or (2) of the Act of 20 September 1976,
the President shall inform Parliament, which shall establish that
there is a vacancy.

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PRESENT TEXT

AMENDMENTS

Amendment 5
Rule 4, paragraph 6, indent 2

— 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 Arti-
cle 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.

— in the event of appointment or election to an office incom-
patible with the office of Member of the European Parlia-
ment within the meaning of Article 7(1) or (2) 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.

Amendment 6
Rule 4, paragraph 7

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

7. When Parliament has established that a vacancy exists, it
shall inform the Member State concerned thereof and invite it
to fill the seat without delay.

Amendment 7
Rule 11, interpretation

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

The oldest Member shall exercise the powers of the President
referred to in the second subparagraph of Rule 3(−1a). Any
other matter relating to the verification of credentials that is
raised when the oldest Member is in the Chair shall be referred
to the committee responsible for the verification of credentials.

P6_TA(2006)0409

The basic salaries and allowances applicable to Europol staff *

European Parliament legislative resolution on the initiative by the Republic of Austria for adoption
of a Council decision adjusting the basic salaries and allowances applicable to Europol staff
(5417/2006 — C6-0072/2006 — 2006/0803(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the initiative by the Republic of Austria (5417/2006) (1),

— having regard to Article 44 of the Council Act of 3 December 1998 laying down the staff regulations

applicable to Europol employees (hereinafter referred to as the ‘staff regulations’),

— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament

(C6-0072/2006),

— having regard to the Commission Communication to the European Parliament and the Council —

Democratic Control over Europol (COM(2002)0095),

— having regard to its recommendation to the Council of 30 May 2002 on the future development of
Europol and its automatic incorporation into the institutional system of the European Union (2),

— having regard to its recommendation to the Council of 10 April 2003 on the future development of

Europol (3),

(1) Not yet published in OJ.
(2) OJ C 187 E, 7.8.2003, p. 144.
(3) OJ C 64 E, 12.3.2004, p. 588.