Decision of the Bureau of the European Parliament of 11 and 23 November 2009 , 14 December 2009 , 19 April 2010 and 5 July 2010 amending the Implementing Measures for the Statute for Members of the European Parliament
Date: 2010-07-05
Institutions: Bureau of the European Parliament
Subjects: Member of the European Parliament, Statute for Members of the Parliament, administrative formalities, allowances and expenses, health expenditure, work contract








C_2010180EN.01000101.xml










6.7.2010   


EN


Official Journal of the European Union


C 180/1





DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
of 11 and 23 November 2009, 14 December 2009, 19 April 2010 and 5 July 2010
amending the Implementing Measures for the Statute for Members of the European Parliament
2010/C 180/01
THE BUREAU OF THE EUROPEAN PARLIAMENT,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 223(2) thereof,
Having regard to the Statute for Members of the European Parliament (1),
Having regard to Rules 8 and 23(2) of the Rules of Procedure of the European Parliament,
Whereas:






(1)


The application of the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’) has brought to light various practical difficulties. In order to ensure that Members are able to perform their duties in an appropriate manner, it is therefore necessary to amend the Implementing Measures.










(2)


All Members should receive full reimbursement of their medical expenses in the event of a serious illness, and their family members should enjoy the same medical cover, irrespective of the date of the illness. It would therefore be appropriate for the relevant amended provisions relating to Members’ health insurance to apply from 14 July 2009.










(3)


In previous parliamentary terms, Members were entitled to receive reimbursement of certain additional travel expenses when travelling to and from one of Parliament's places of work during a week in which there were no official parliamentary activities. Given that Members may on occasion need to be present in Parliament during such weeks, as was the case in the run-up to the hearings for the Commissioners-designate, it would make sense to continue this practice, with effect from 1 January 2010.










(4)


Various of the travel provisions relate to annual amounts from which Members may seek reimbursement of their expenses. Since it would not be appropriate for Members to be treated differently simply on the basis of the date of their travel, amendments to such provisions adopted by the Bureau during the course of 2010 should apply from 1 January 2010. This should also apply to the limited entitlement to a subsistence allowance for Members present in Parliament during a week set aside for external parliamentary activities.










(5)


The increased amount of the parliamentary assistance allowance takes account both of the adjustment, made with effect from 1 July 2009, of the remuneration of officials and other servants of the European Union, laid down in Regulation (EU, Euratom) No 1296/2009 (3), and of the increase agreed in Amending Budget No 1/2010 of the European Union for the financial year 2010. Bearing in mind that the increase in the amending budget should have immediate effect, the new amount of the parliamentary assistance allowance should apply from 1 May 2010.










(6)


At its meeting of 11 November 2009, the Bureau decided to make provision for Members to be able to carry over part of the parliamentary assistance allowance, up to a maximum of the monthly amount of that allowance, so as to make it easier for Members to manage the sums available. It would be appropriate for that change to apply from 14 July 2009.










(7)


One of the principal difficulties faced by Members was the administrative burden created by certain provisions of the Implementing Measures, particularly with regard to documents to be submitted in connection with certain types of contract concluded with Members’ personal staff. With a view to reducing this burden promptly, the relevant amendments should apply from 14 July 2009. At its meeting of 23 November 2009, the Bureau decided to allow the advances paid by Parliament in the context of an employment contract to be used to cover the expenses incurred by local assistants in making short journeys, up to a maximum of EUR 100 a month. Given that this change was also made with a view to reducing the administrative burden on Members, it should apply from 1 January 2010.










(8)


As a general rule, Members may not seek reimbursement to fund contracts providing for employment or the use of services of certain family members. However, family members who were working as a Member's assistant on the cut-off date of 1 July 2008 and whose contracts were registered with the relevant department by that date could continue in that role for a further parliamentary term. In practice, the registration requirement served to exclude many long-standing employment contracts. It should therefore be abolished, with a view to treating all employment contracts providing for the payment of social security contributions that were in force on 1 July 2008 in the same way. Given that the relevant amendment relates to employment relationships predating the entry into force of the Implementing Measures, it should apply from 14 July 2009,




HAS ADOPTED THIS DECISION:
Article 1
The Implementing Measures are amended as follows:






1.


Article 3 is amended as follows:






(a)


paragraphs 1 and 2 are replaced by the following:
‘1.   Pursuant to Article 18 of the Statute, and applying mutatis mutandis the rules drawn up by common agreement between the institutions of the Communities (4), and their general implementing provisions (5), the following persons shall be entitled to reimbursement of two-thirds of the costs that they incur as a result of sickness, pregnancy or the birth of a child:






(a)


Members and former Members in receipt of the transitional allowance provided for in Article 13 of the Statute or of a pension pursuant to Articles 14 and 15 of the Statute in respect of their expenses and the expenses incurred by their spouses or stable non-marital partners as defined in Article 58(2) and by their dependent children as defined in Article 58(3), until the latter reach the age of 21 or, at the latest, 25 if they are in full-time education or professional training, in cases where those spouses, stable non-marital partners and dependent children are not eligible for benefits of the same nature and of the same level as Members or former Members by virtue of any other legal provision or regulations;










(b)


persons entitled to a survivor’s pension pursuant to Article 17 of the Statute.




The persons referred to in points (a) and (b) shall be free to choose their practitioners and hospitals or clinics as set out in Article 19(1) of the aforementioned rules.
2.   The reimbursements provided for in paragraph 1 shall be debited to Parliament’s budget. Article 72(3) and (4) of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities (6) and Article 20(6) of the aforementioned rules shall apply.










(b)


the following paragraphs are added:
‘4.   Members and former Members in receipt of the transitional allowance provided for in Article 13 of the Statute or of a pension pursuant to Articles 14 and 15 of the Statute may waive their entitlement to reimbursement of medical expenses as provided for in paragraph 1. In that case they shall be entitled to reimbursement of two thirds of the contribution due for health insurance provided that the total amount reimbursed does not exceed EUR 400 per month.
5.   Any Member or former Member who, pursuant to paragraph 4, waives his or her entitlement to reimbursement of medical expenses may subsequently revoke that decision.
6.   The amount referred to in paragraph 4 may be adapted annually by the Bureau up to the annual rate of increase of the average amount reimbursed per recipient by the Joint Sickness Insurance Scheme for officials of European Communities.
7.   This Article shall also apply to former Members receiving the transitional allowance referred to in Article 45 for the period running from the first day following cessation of their duties to the date of the commencement of their entitlement to the transitional allowance.
8.   This Article shall also apply to former Members receiving the old-age pension referred to in Article 49 for the period running from the first day following cessation of their duties to the date of the commencement of their entitlement to the pension, provided that the conditions set out in Article 49(1) were fulfilled before the cessation of their duties.’.














2.


In Article 10, the following paragraph is inserted:
‘2a.   The following shall also be regarded as ordinary travel expenses: travel expenses incurred by the Chairs of committees or sub-committees in attending Council meetings.’.










3.


In Article 13, paragraphs 2 and 3 are replaced by the following:
‘2.   By way of derogation from paragraph 1, in the event of travel by car Members shall submit a declaration indicating the registration number of the car used to make the journey and, for car journeys in the Member State of election, the distance travelled and the places of departure and arrival, or, for all other car journeys, the mileage at the places of departure and arrival. Should the length of the journey exceed 800 km, the declaration shall be accompanied by supporting documents which make it possible to determine the date on which the journey was made (e.g. a fuel purchase receipt pertaining to a transaction at the place of departure or during the journey, motorway toll slip, car rental contract or invoice, etc.).
Supporting documents enabling the date of the journey to be ascertained must always be submitted in the case of journeys between Brussels and Strasbourg.
3.   The cost of season tickets or a card entitling a named individual to a reduced fare for the journeys made may be reimbursed in the form of an advance. The advance shall be regularised at the end of the season ticket or card's validity.’.










4.


Article 14 is amended as follows:






(a)


points (a) and (b) are replaced by the following:






‘(a)


in the cases referred to in Article 10(1), point (b): an invitation to or a programme for the event attended by the Member or other supporting documents proving that the journey was undertaken solely in the exercise of the Member’s mandate, or, in the case referred to in Article 22(2a), a declaration by the Member that the journey was undertaken in the exercise of his or her mandate;










(b)


in the cases referred to in Article 10(1), point (c): a declaration by the Member stating the purpose of the journey undertaken in the exercise of his or her mandate;’;














(b)


the following point is added:






‘(d)


in the cases referred to in Article 10(2a): an invitation from the Council.’.


















5.


Article 15 is replaced by the following:
‘Article 15
Amounts reimbursed
Travel expenses shall be reimbursed on the basis of the expenses actually incurred, up to a maximum of:






(a)


in the event of travel by air: the business class tariff;










(b)


in the event of travel by rail or boat: the first-class fare;










(c)


in the event of travel by car: EUR 0,49/km, plus the cost of any ferry crossing, or similar transport, required.’.














6.


In Article 17, paragraphs 4 to 7 are replaced by the following:
‘4.   When a Member takes up his or her duties or changes his or her place of residence, he or she shall be informed of the airport and station and the most direct, i.e. the shortest, routes which will be used for the purpose of applying these Implementing Measures.
5.   At any time the Member may propose to the relevant department, in writing, stating his or her reasons, a different route offering a substantial gain in terms of time or convenience and not involving additional costs of more than 20 %. If that route is accepted, it shall replace the most direct route as determined in accordance with paragraph 3.
If the route is not accepted or the route proposed by the Member has the effect of increasing the cost of the journey by more than 20 %, the matter shall be referred to the Secretary-General, who may consult the Quaestors before making a decision.
6.   In the event of a break in the journey, travel expenses shall be reimbursed from the last place of departure. A break in the journey shall be any break of more than one night, excluding Saturdays and Sundays and public holidays, made on the Member's route to or from one of Parliament's places of work or an official meeting venue.
7.   If the point of departure or arrival does not correspond to the Member’s place of residence or the capital of the Member State in which he or she was elected, travel expenses shall be reimbursed up to a maximum of the expenses which the Member would have incurred in making the journey to or from that place of residence by the most direct, i.e. the shortest, route.
8.   In the case of journeys undertaken between two places of work and/or meeting venues, paragraphs 3 and 7 shall apply mutatis mutandis.
9.   The tariffs used for the purposes of these Implementing Measures shall be updated on a half-yearly basis, in May and November.’.










7.


Article 19 is amended as follows:






(a)


paragraph 1 is replaced by the following:
‘1.   In respect of journeys within the European Union, Members shall be entitled to distance and duration allowances intended to cover all travel-related expenses. This entitlement shall apply only to the main journey within the meaning of Article 18(1).’;










(b)


paragraph 2 is deleted;










(c)


paragraphs 3 to 5 are replaced by the following:
‘3.   No entitlement to the distance and duration allowances shall arise in respect of the journeys referred to in Article 10(1), points (b) and (c) or in the cases referred to in Article 18(4). A break in a journey as referred to in Article 17(6) or of any other kind shall not create any additional entitlement to a duration or distance allowance.
4.   The amounts of the distance and duration allowances:






(a)


for travel to Parliament’s places of work, shall be set at the beginning of the Member’s term of office for the duration thereof, and shall be reviewed only in the event of a change of address, irrespective of any changes in the route actually taken;










(b)


for travel to other venues for meetings within the meaning of Article 10(1)(a), (2) and (2a), shall be set for each journey individually.




5.   If the additional travel-related expenses incurred by the Member exceed the amount of the distance allowance, he or she may apply for reimbursement of the difference, subject to presentation of supporting documents.’.














8.


In Article 20, paragraph 2 is replaced by the following:
‘2.   The amounts shall be calculated on the basis of the shortest outward or return route between the town centre of the Member’s place of residence and the arrival infrastructure of the meeting venue.
If the calculation basis for a train journey is unknown or hard to ascertain, the calculation basis for a car journey shall be used.’.










9.


In Article 21, paragraph 1(d) is replaced by following:






‘(d)


for a journey with a total duration of more than six hours and necessarily involving, for duly substantiated reasons, an overnight stay: amount equivalent to a full allowance as provided for in Article 24, subject to presentation of supporting documents.’.














10.


Article 22 is amended as follows:






(a)


paragraph 2 is replaced by the following:
‘2.   On that basis, and on presentation of the relevant original bill or invoice, Members may also apply for reimbursement of taxi fares, car rental costs, hotel bills and other related expenses incurred during the period of official activities. This entitlement shall also cover the day before the start and the day after the end of the period of official activities.’;










(b)


the following paragraphs are inserted:
‘2a.   Where a Member travels to one of Parliament's places of work during a week in which no official European Parliament activities are taking place, reimbursement of additional travel expenses shall be confined to travel costs, including taxi fares for travel between the airport or station and the city and back, and hotel costs.
2b.   Requests for reimbursement for journeys undertaken in order to participate in an activity at the invitation of a Member or a European Parliament political group shall also be accompanied by other supporting documents proving that the journey was undertaken solely in the exercise of the Member’s mandate.
2c.   Members may combine ordinary travel with additional travel.
Where all of the combined travel takes place within the European Union, the leg of the journey that starts or finishes at one of Parliament's places of work or official meeting venues shall be reimbursed in accordance with Article 10(1)(a).
Where part of the combined travel takes places outside the European Union, the additional cost arising from the Member's not having travelled by the most direct route on account of the additional journey shall be charged to his or her additional travel allowance, as provided for in paragraph 1.’.














11.


In Article 23, the current paragraph is numbered ‘1.’ and the following paragraphs are added:
‘2.   Travel expenses incurred within an urban area using public transport (including taxis) shall be reimbursed on the basis of the usual supporting documents for the means of transport used. The amount reimbursed shall be divided by the amount per km payable for car journeys, and the result deducted from the number of kilometres referred to in paragraph 1(b).
3.   Where a Member whose place of residence, as defined in Article 17(2), is in a Member State other than that in which he or she was elected travels between that place of residence and his or her Member State of election in the exercise of his or her mandate, the journeys made shall be considered as journeys within the Member State of election for the purposes of paragraph 1(a) and (b).’.










12.


In Article 24(1), the following subparagraph is added:
‘During weeks set aside for external parliamentary activities, Members shall be entitled to receive a subsistence allowance for a maximum of three days, except where the allowance is payable pursuant to points (a) and (b) and except in the specific circumstances decided by the Bureau on 19 October 2009.’.










13.


Article 33 is amended as follows:






(a)


paragraph 4 is replaced by the following:
‘4.   The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 34 shall be EUR 17 864. With effect from 1 May 2010, that amount shall be EUR 19 364.’;










(b)


the following paragraph is added:
‘6.   The unused balance of the monthly amount provided for in paragraph 4 which has accumulated at the end of the financial year shall be carried over to the next financial year, up to a maximum of the monthly amount referred to in that paragraph.’.














14.


In Article 36, paragraph 6 is replaced by the following:
‘6.   Whenever circumstances so require, Parliament may, in the context of an employment contract and at the request of a Member, pay advances on the payments referred to in paragraphs 4 and 5.
Advances may also be used to cover the expenses incurred by local assistants in making short journeys. In that case, they shall be paid on a flat-rate basis up to a maximum of EUR 100 per assistant per month. Should the expenses incurred exceed that ceiling, the paying agent shall submit on a quarterly basis supporting documents substantiating the expenses incurred. In exceptional cases these supporting documents may be replaced by a declaration.
The regularisation of such advances shall remain under the sole responsibility of the paying agents and shall be carried out in accordance with these implementing measures and applicable national law.’.










15.


Article 41 is amended as follows:






(a)


paragraphs 1 and 2 are replaced by the following:
‘1.   In cases where a service contract as provided for in Article 34(1), point (b) or Article 34(5) has been concluded, when submitting an application for defrayal of expenses the Member, or the paying agent in the Member's name, shall forward to the relevant department:






(a)


a copy of the service contract which the Member has concluded with his or her service provider and which clearly defines the nature of the services to be provided;










(b)


a copy of the contract concluded between the Member and the paying agent of his or her choice.




2.   The cost of services provided shall be defrayed on submission to the relevant department by the Member of an invoice or fee statement describing in detail the services actually provided by the service provider.
The service provider shall declare that the invoices or fee statements submitted comply with applicable national law, in particular as regards VAT where services provided on a regular basis are concerned. Where services are exempt from VAT, the service provider shall indicate the legal basis for that exemption and shall certify that all of his obligations under national law have been fully met.
The maximum amount defrayed in respect of services provided may not exceed 25 % of the amount laid down in Article 33(4). This amount may be used on a cumulative and annual basis.’;










(b)


paragraphs 3 and 4 are deleted.














16.


Article 42 is replaced by the following:
‘Article 42
Extraordinary expenses
Where a local assistant with an employment contract is absent for a period exceeding three months, either on maternity leave or on account of serious illness, the proportion of the cost of replacing him or her, as from the third month of absence, not covered by the employee benefits paid under the applicable national social security scheme may be defrayed over and above the amount referred to in Article 33(4). Paying agents shall submit to the relevant department applications for defrayal of such expenses, duly countersigned by the Member.’.










17.


Article 44 is amended as follows:






(a)


the title is replaced by the following:
‘Access to internal services and the provision of equipment and facilities’;










(b)


paragraph 1 is replaced by the following:
‘1.   The Bureau shall adopt the rules governing Members’ access to Parliament’s internal services and the provision of equipment and facilities to Members, in particular as regards:






—


the use of official cars,










—


furniture for Members’ offices,










—


the provision of IT and telecommunications equipment,










—


stationery supplies,










—


the use by Members and the political groups of the office space made available to them in Parliament’s information offices,










—


the processing of Members’ papers handed over in the form of a gift or legacy to an institute, association or foundation,










—


arrangements whereby Members who reach the end of their term of office during a parliamentary term can have their personal effects from their Brussels and Strasbourg offices transported to their countries of origin,










—


the use of official bicycles,










—


language and computer courses for Members,










—


the use of the services provided by the Medical Service.’.


















18.


Article 78 is amended as follows:






(a)


paragraph 1 is deleted;










(b)


paragraph 3 is replaced by the following:
‘3.   By way of derogation from Article 43, point (d), contracts concluded directly or indirectly with the members of Members’ families before 1 July 2008 may continue in force for a transitional period corresponding to the parliamentary term following the entry into force of the Statute, provided that the relevant tax and social security obligations have been duly met.
Members shall be required to give details of any such directly or indirectly concluded contracts in their declarations of financial interests.’.








Article 2
1.   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
2.   This Decision shall apply from the same day, with the exception of the following provisions:






(a)


Article 1, points 1(a), 13, 15(a) and 18(b), which shall apply from 14 July 2009;










(b)


Article 1, points 4(a) (in so far as it relates to Article 14, point (a) of the Implementing Measures), 10(a) and (b) (in so far as it relates to Article 22(2a) and (2c) of the Implementing Measures), 11 (in so far as it relates to Article 23(2) of the Implementing Measures), 12, 14 and 16, which shall apply from 1 January 2010.






(1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

(2)  Decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159, 13.7.2009, p. 1).

(3)  Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009 adjusting with effect from 1 July 2009 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (OJ L 348, 29.12.2009, p. 10).

(4)  Joint rules on sickness insurance for officials of the European Communities, adopted by all the institutions, common agreement on which was recorded by the President of the Court of Justice of the European Communities on 24 November 2005, as referred to in Article 72 of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).

(5)  Commission Decision of 2 July 2007 laying down the general implementing provisions for the reimbursement of medical expenses.

(6)  OJ L 56, 4.3.1968, p. 1.’;