Adaptation of Parliament’s Rules of Procedure to the revised Framework Agreement on relations between the European Parliament and the Commission European Parliament decision of 20 October 2010 on the adaptation of Parliament’s Rules of Procedure to the revised framework agreement on relations between the European Parliament and the European Commission (2010/2127(REG))
Date: 2010-10-20
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: European Commission, European Parliament, framework agreement, interinstitutional cooperation (EU), powers of the institutions (EU)








CE2012070EN.01011901.xml










8.3.2012   


EN


Official Journal of the European Union


CE 70/119





Wednesday 20 October 2010Adaptation of Parliament’s Rules of Procedure to the revised Framework Agreement on relations between the European Parliament and the Commission
P7_TA(2010)0367
European Parliament decision of 20 October 2010 on the adaptation of Parliament’s Rules of Procedure to the revised framework agreement on relations between the European Parliament and the European Commission (2010/2127(REG))
2012/C 70 E/13

The European Parliament,






—


having regard to Rules 127, 211 and 212 of its Rules of Procedure,










—


having regard to its decision of 20 October 2010 on the revision of the framework agreement on relations between the European Parliament and the European Commission (1),










—


having regard to the report of the Committee on Constitutional Affairs (A7-0278/2010),










1.


Decides to amend its Rules of Procedure as shown below;










2.


Points out that the amendments will enter into force on the first day after the entry into force of the revised framework agreement;










3.


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










PRESENT TEXT


AMENDMENT





Amendment 1






Parliament’s Rules of Procedure


Rule 9 – paragraph 2





2.   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.


2.   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. 
Members shall comply with Parliament’s rules on the treatment of confidential information.






Failure to comply with those standards may lead to application of 
the
 measures 
provided for
 in Rules 152, 153 and 154.


Failure to comply with those standards 
and rules
 may lead to application of measures in 
accordance with
 Rules 152, 153 and 154.





Amendment 2






Parliament’s Rules of Procedure


Rule 23 – paragraph 11 a (new)





 




11a.
   
The Bureau shall lay down rules concerning the treatment of confidential information by Parliament and its bodies, office-holders and other Members, taking into account any interinstitutional agreement concluded on such matters. Those rules shall be published in the Official Journal of the European Union and annexed to these Rules of Procedure.






 



(Annex VIII – part A – paragraph 1 – subparagraph 4 shall be deleted)






Amendment 3






Parliament’s Rules of Procedure


Rule 35






The
Commission’s legislative and work programme




The
Commission Work Programme





1.   Parliament shall work together with the Commission and the Council to determine the legislative planning of the European Union.


1.   Parliament shall work together with the Commission and the Council to determine the legislative planning of the European Union.




Parliament and the Commission shall cooperate in preparing the 
Commission’s annual legislative and work programme
 in accordance with the timetable and arrangements agreed between the two institutions and annexed to these Rules of Procedure.


Parliament and the Commission shall cooperate in preparing the 
Commission Work Programme – which is the Commission’s contribution to the Union’s annual and multiannual programming –
 in accordance with the timetable and arrangements agreed between the two institutions and annexed to these Rules of Procedure.




2.   In urgent and unforeseen circumstances, an institution may, on its own initiative and in accordance with the procedures laid down in the Treaties, propose adding a legislative measure to those proposed in the 
annual legislative and work programme
.


2.   In urgent and unforeseen circumstances, an institution may, on its own initiative and in accordance with the procedures laid down in the Treaties, propose adding a legislative measure to those proposed in the 
Commission Work 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.


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 the 
Commission’s annual legislative and work programme
 and on Parliament’s resolution.


The President shall ask the Council to express an opinion on the 
Commission Work Programme
 and on Parliament’s resolution.




4.   Where an institution is unable to comply with the timetable laid down it is required to notify the other institutions as to the reasons for the delay and to propose a new timetable.


4.   Where an institution is unable to comply with the timetable laid down it is required to notify the other institutions as to the reasons for the delay and to propose a new timetable.





Amendment 4






Parliament’s Rules of Procedure


Rule 43 – paragraph 1 – subparagraph 3





In cases 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.


In cases where a proposal is listed in the 
Commission Work
 Programme the committee responsible may decide to appoint a rapporteur to follow the preparatory phase of the proposal.





Amendment 5






Parliament’s Rules of Procedure


Rule 44 – paragraph 3





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.




3.   Before the committee responsible proceeds to the vote, it shall ask the Commission whether it 
is preparing an opinion
 on the initiative. 
In the affirmative, the committee shall not adopt its report before receiving the Commission’s opinion.







Amendment 6






Parliament’s Rules of Procedure


Rule 45 – paragraph 2





2.   Following a decision on the procedure to be followed, and if Rule 46 does not apply, the committee shall appoint a rapporteur on the proposal for a legislative act from among its members or permanent substitutes if it has not yet done so on the basis of the 
annual legislative and work programme
 agreed under Rule 35.


2.   Following a decision on the procedure to be followed, and if Rule 46 does not apply, the committee shall appoint a rapporteur on the proposal for a legislative act from among its members or permanent substitutes if it has not yet done so on the basis of the 
Commission Work Programme
 agreed under Rule 35.





Amendment 7






Parliament’s Rules of Procedure


Rule 90 – paragraph 1





1.   When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, 
including agreements in specific areas such as monetary affairs or trade,
 the committee responsible may decide to draw up a report or otherwise monitor the procedure and inform the Conference of Committee Chairs of that decision. Where appropriate, other committees may be asked for an opinion pursuant to Rule 49(1). Rules 188(2), 50 or 51 shall apply where appropriate.


1.   When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, the committee responsible may decide to draw up a report or otherwise monitor the procedure and inform the Conference of Committee Chairs of that decision. Where appropriate, other committees may be asked for an opinion pursuant to Rule 49(1). Rules 188(2), 50 or 51 shall apply where appropriate.




The Chairs and rapporteurs of the committee responsible and of any associated committees shall jointly take appropriate action to ensure that 
the Commission provides
 Parliament with full information 
about the recommendations for a negotiating mandate
, if necessary on a confidential basis, and with the information referred to in 
paragraphs 3 and 4
.


The Chairs and rapporteurs of the committee responsible and of any associated committees shall jointly take appropriate action to ensure that Parliament 
is provided
 with 
immediate, regular and
 full information, if necessary on a confidential basis
, at all stages of the negotiation and conclusion of international agreements, including the draft and the finally adopted text of negotiating directives
, and with the information referred to in 
paragraph 3,








—




by the Commission in accordance with its obligations under the Treaty on the Functioning of the European Union and its commitments under the Framework Agreement on relations between the European Parliament and the European Commission, and












—




by the Council in accordance with its obligations under the Treaty on the Functioning of the European Union











Amendment 8






Parliament’s Rules of Procedure


Rule 90 – paragraph 4







4.
   
Throughout the negotiations the Commission and the Council shall inform the committee responsible regularly and fully of their progress, if necessary on a confidential basis.






deleted







Amendment 9






Parliament’s Rules of Procedure


Rule 91





Where the Commission 
and/or the Council are under an obligation to inform Parliament immediately and fully
, in accordance with 
Article 218(10) of
 the Treaty on the Functioning of the European Union, a statement shall be made in Parliament, followed by a debate. Parliament may issue recommendations pursuant to Rule 90 or 97.


Where the Commission, in accordance with 
its obligations under
 the Treaty on the Functioning of the European Union 
and the Framework Agreement on relations between the European Parliament and the European Commission, informs Parliament and the Council of its intention to propose the provisional application or suspension of an international agreement
, a statement shall be made in Parliament, followed by a debate. Parliament may issue recommendations pursuant to Rule 90 or 97.




 




The same procedure shall apply when the Commission informs Parliament of a proposal concerning the positions to be adopted on the Union’s behalf in a body set up by an international agreement.







Amendment 10






Parliament’s Rules of Procedure


Rule 137 – paragraph 1 – subparagraph 1





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 Chairs taking into account the agreed 
annual legislative and work programme
 referred to in Rule 35.


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 Chairs taking into account the agreed 
Commission Work Programme
 referred to in Rule 35.





Amendment 11






Parliament’s Rules of Procedure


Rule 193 – paragraph 2 – interpretation subparagraph 3 a (new)





 



Provisions of this paragraph shall be interpreted in accordance with the paragraph 50 of the Framework Agreement on relations between the European Parliament and the European Commission.






Amendment 12






Parliament’s Rules of Procedure


Annex II – part A – paragraph 3











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.












3.


A question shall be inadmissible if an identical or similar question has been put down and answered during the preceding three months
, or to the extent that it merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication,
 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.









Amendment 13






Parliament’s Rules of Procedure


Annex III – paragraph 3











3.


If an identical or similar question has been put and answered during the preceding six months, the Secretariat shall transmit a copy of the previous question and answer to the author. The renewed question shall not be forwarded to the addressee unless the author invokes new significant developments or is seeking further information.












3.


If an identical or similar question has been put and answered during the preceding six months, 
or to the extent that a question merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication,
 the Secretariat shall transmit a copy of the previous question and answer to the author. The renewed question shall not be forwarded to the addressee unless the author invokes new significant developments or is seeking further information.









Amendment 14






Parliament’s Rules of Procedure


Annex VIII – part A – paragraph 5











5.


Penalties: In cases of infringement, the chair of the committee shall
, after consulting the vice-chairs, 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
.












5.


Penalties: In cases of infringement, the chair of the committee shall 
proceed in accordance with Rules 9(2), 152, 153 and 154
.










(1)  Texts adopted, P7_TA(2010)0366.