Decision of the Bureau of the European Parliament of 26 October 2015 amending the Implementing Measures for the Statute for Members of the European Parliament
Date: 2015-10-26
Institutions: Bureau of the European Parliament
Subjects: Member of the European Parliament, Statute for Members of the Parliament, allowances and expenses, assistant, pay, payment, provision of services, work contract








C_2015397EN.01000201.xml










28.11.2015   


EN


Official Journal of the European Union


C 397/2





DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
of 26 October 2015
amending the Implementing Measures for the Statute for Members of the European Parliament
(2015/C 397/03)
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) (‘the Statute’),
Having regard to Rules 10 and 25 of the Rules of Procedure of the European Parliament,
Whereas:






(1)


In the light of the experience gained in implementing the rules on accredited and local assistants during the seventh legislative term, a number of changes need to be made to the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’). The main purpose of those changes is to clarify certain rules, remedy shortcomings that have become apparent during the application of the Implementing Measures and improve administration.










(2)


The defrayal of parliamentary assistance expenses should be restricted to expenses incurred over the 30-day period preceding the date of submission of the application for defrayal to the relevant Parliament department. This will allow applications to be rejected where they have been submitted too late for it to be possible to check that the services declared were actually provided and that national social security and labour law has been complied with.










(3)


The maximum amount defrayable in respect of parliamentary assistance has remained unchanged since 2011, despite the increases in Parliament's powers. That amount should therefore be increased by EUR 1 500 to EUR 22 879 per month. Provision for the appropriations required for this increase was made in Parliament's resolution of 29 April 2015 on Parliament's estimates of revenue and expenditure for the financial year 2016.










(4)


The principle of transparency is enshrined in Article 15 of the Treaty on the Functioning of the European Union, and its importance was highlighted inter alia by the European Ombudsman in a letter of 30 September 2002 to the President of the Commission. In the light of that principle, full details should be published, throughout the duration of their contracts, of the names of the trainees as well as the names and corporate names of service providers and paying agents in respect of which parliamentary assistance expenses are defrayed.










(5)


In its abovementioned resolution of 29 April 2015, Parliament called for a better balance to be struck between accredited parliamentary assistants and local assistants. To that end, 25 % of the parliamentary assistance allocation should be set aside for accredited parliamentary assistants' pay and expenditure on local assistants, service providers and paying agents should accordingly be capped at 75 % of the allocation.










(6)


The salaries and fees of local assistants should be made subject to ceilings in keeping with the principles contained in the recommendations made by the Temporary Evaluation Group on the Implementation of the Members' and Assistants' Statutes and experience of the application of those recommendations since 2012, with the aim of limiting the risk of pay diverging excessively from the average pay in the Member States, out of all proportion to the tasks performed. The pay ceilings should be set for each Member State with reference to the average gross annual pay recorded by Eurostat for the Member State concerned, multiplied by three. The ceilings thus calculated should however be no lower than the basic pay of an accredited parliamentary assistant in grade 6 and no higher than that of an accredited parliamentary assistant in grade 19. The Bureau should be able to adjust the reference ceilings, which should be published on Parliament's internet site.










(7)


The remuneration of paying agents should be regulated by setting it at a level no higher than 10 % of the sums the agent is responsible for paying, subject to an overall ceiling of 4 % of the allocation for parliamentary assistance expenses.










(8)


In the light of experience gained, the nature and content of the documents to be supplied when applying for the defrayal of the cost of local assistants' employment contracts need to be specified. In particular, the relevant Parliament department should be provided with a detailed job description, details of the place of performance of the contract, a certified true copy of an identity document, proof of place of residence, proof of qualifications and professional experience and a declaration that there is no conflict of interest.










(9)


At the time of each annual regularisation of accounts relating to expenditure on local assistants covered by an employment contract, paying agents should be required to supply documents such as evidence of membership of a social security scheme or of accident insurance cover. Indeed, Members are, in general, dependent on the national authorities for the issue of such documents, and those authorities are often unable to issue them within the currently applicable deadlines.










(10)


In the light of experience gained, certain requirements applicable to local assistants under an employment contract need to be clarified, in particular those relating to the distance between their place of residence and workplace, the performance of outside activities and standing for election.










(11)


A specific procedure based on the principles applicable to public contracts established in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (3) should be laid down for the defrayal of the cost of services worth more than EUR 500. In such cases, applications for defrayal should be submitted together with an estimate and a draft contract clearly defining the nature of the services to be provided. Furthermore, in the case of services worth more than EUR 60 000, it should be demonstrated that the most economically advantageous of at least three tenders has been chosen.










(12)


The provisions on conflicts of interest should be amended in order to clarify the ban on financing political activities or personal expenditure.










(13)


Additionally, it is appropriate to introduce certain modifications to Article 46 of the Implementing Measures related to the expiry of the entitlement to the transitional allowance for Members assuming a mandate in another parliament or taking public office, considering the experience gained at the end of the seventh parliamentary term and the need to fully reflect in the Implementing Measures the objectives and context of the relevant provisions of the Statute, in particular Articles 9(2), 11 and 13, taking into account the principle of the prohibition of accumulation of payments from public funds; consequently, the amounts received by a Member for the exercise of a mandate in another parliament or a public office, excluding any reimbursement of expenses actually incurred, will be offset against the European Parliament transitional allowance as currently provided for in the case of parallel salaries by Article 11 of the Statute. That new regime should, in order to allow for a consistent implementation thereof, apply from the start of the current parliamentary term,




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






1.


Article 33 is amended as follows:






(a)


paragraph 3 is replaced by the following:
‘3.   Expenses shall be defrayable for the duration of a Member's term of office. Only expenses incurred at the most 30 days before the application for defrayal is submitted in accordance with this chapter can be defrayed.’;










(b)


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 22 879 with effect from 1 January 2016.’.














2.


Article 34 is amended as follows:






(a)


paragraph 2 is replaced by the following:
‘2.   Several Members may, by written agreement, form a grouping in order jointly to employ or to use the services of one or more assistants as referred to in paragraph 1. In this case, the Members concerned shall designate from amongst their number the Member(s) authorised to sign the contract, or to submit a request for recruitment, on behalf of the grouping.
Members shall submit a written declaration to the relevant department laying down the respective shares to be deducted from the amount provided for in Article 33(4).’;










(b)


paragraph 5 is replaced by the following:
‘5.   Members may also make use of natural or legal persons providing services in order to obtain occasional and clearly identified services directly linked to the exercise of their parliamentary mandate, in accordance with the conditions laid down in this chapter.’;










(c)


paragraphs 7 and 8 are replaced by the following:
‘7.   The Bureau shall adopt a list of expenses which may be defrayed for the purpose of parliamentary assistance.
8.   The names of assistants and trainees as well as the names or corporate names of service providers and of paying agents shall, for the duration of their contract, be published on the website of the European Parliament, together with the name of the Member or Members they assist.
Those assistants, trainees, service providers and paying agents may, on the duly justified ground of protection of their safety, request in writing that their name or corporate name not be published on the European Parliament's website. The Secretary-General shall decide whether to grant such a request.’;










(d)


the following paragraphs are added:
‘9.   The number of contracts between a Member and accredited assistants in force at any given time may not exceed three, regardless of the duration of work provided for in those contracts. This limit may be increased to four if an exemption is expressly granted by the President of Parliament following verification by the relevant department that the Member concerned has sufficient office space to comply with the standards applicable to the use of Parliament's buildings, taking into account also the number of trainees that may be present.
10.   At least 25 % of the amount provided for in Article 33(4) shall be earmarked for meeting costs arising under Title VII of the Conditions of Employment of Other Servants of the European Union. Therefore, all costs in respect of parliamentary assistance expenses other than those arising under Title VII of the Conditions of Employment of Other Servants of the European Union may not together exceed 75 % of the amount provided for in Article 33(4).
Moreover, the expenses in relation to the provision of services referred to in Article 34 may not exceed 25 % of the amount provided for in Article 33(4).
These limits shall be calculated on the cumulative basis per financial year of the monthly entitlements provided for in Article 33(4), plus any unused balance carried over to the following financial year under Article 33(6), on a pro rata basis.
11.   Parliament shall defray expenses of local assistants for gross earnings or fees net of VAT up to monthly ceilings which shall be established by the Bureau in accordance with paragraph 12. The ceilings may be adapted by the Bureau annually. The applicable ceilings shall be published on Parliament's website.
12.   The ceilings shall correspond to three times the reference amount. The reference amount shall be one twelfth of the amount published by Eurostat as being the average gross annual pay of persons in full-time employment in the Member State of election of the Member concerned.
However, the ceilings calculated in this way cannot be less than the basic pay of a grade 6 accredited parliamentary assistant or more than that of a grade 19 accredited parliamentary assistant.
Any bonus shall be defrayed only up to the aforementioned ceilings calculated on an annual basis.
The ceilings shall be reduced pro rata where the local assistant works part-time or where the local assistant does not work a full month.’.














3.


In Article 35, paragraph 3 is replaced by the following:
‘3.   A Member shall conclude an individual contract with a paying agent of his or her choice who fulfils the requirement laid down in paragraph 2.
Expenses incurred in using paying agent services in accordance with paragraph 1 shall be covered by the amount provided for in Article 33(4) and shall not be subject to the limit laid down in Article 34(10) in respect of services.
Paying agents' fees, net of VAT, may not exceed 10 % of the salary costs, fees and allowances of local assistants, service providers and trainees, the payment of which is their responsibility, nor 4 % of the amount provided for in Article 33(4).
Maximum limits on paying agents' fees shall be reviewed on a cumulative basis by calendar year in proportion to the duration of their contract.’.










4.


Article 38 is replaced by the following:
‘Article 38
Documents to be submitted in connection with an employment contract
Applications for defrayal of expenses for an employment contract shall contain:






(a)


the original employment contract which the Member has concluded with his or her local assistant;










(b)


a detailed job description and the precise address at which duties are to be performed;










(c)


a calculation sheet detailing the salaries, employers' and employees' social security contributions and other likely expenses to be paid or defrayed during the calendar year and on termination of the contract and which takes account of the provisions of national law, including those governing minimum wages, and contractual obligations, including any defrayal of mission expenses;










(d)


a certified true copy of a valid identity document of the local assistant;










(e)


proof of the place of usual residence of the local assistant;










(f)


proof of the qualifications and professional experience of the local assistant; and










(g)


a declaration, duly countersigned by the Member, that throughout the duration of the local assistant's contract, the latter will not engage, directly or indirectly, in any other activities — even those not entitling the assistant to any remuneration — for any organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group, if such activities are such as to interfere with the performance by the assistant of his or her duties in that capacity or to give rise to a conflict of interests.’.














5.


Article 39 is replaced by the following:
‘Article 39
Regularisation of accounts
1.   For each of the local assistants employed, paying agents shall forward to the relevant department, at the latest by 31 March of the year following the Parliament's financial year in question, statements of the expenses incurred in respect of salaries, tax deductions and employers' and employees' social security contributions and any other defrayable expenses, in particular for the purpose of the regularisation of the advances paid. They shall, in addition, provide evidence that the local assistants in question belong to a social security scheme, indicating the Member as the employer, and a certificate of insurance against work-related accidents where the applicable national law requires such insurance. They shall also certify that all the obligations arising from applicable national law have been met.
In the event of termination of the contract between the paying agent and the Member and at the end of the Member's mandate, these obligations shall be met within three months at the most.
The statements referred to in the first subparagraph shall be drawn up in accordance with Parliament's specifications.
2.   Following verification of the statements referred to in paragraph 1, notification shall be forwarded by the relevant department to the paying agents, with copies to the Member, stating whether or not the payments made are regular and, where appropriate, which documents are missing and must still be submitted.
Should such notification establish that the payments are not regular, the documents required for their regularisation shall be submitted to the relevant department within one month following the date of notification. Failing that, Parliament shall apply Articles 67 and 68.’.










6.


The following Article is inserted:
‘Article 39a
Obligations regarding employment contracts
1.   Paying agents shall, for the period laid down by the applicable national law, and for at least one year from the end of the parliamentary term concerned, keep a pay statement record book itemising sums paid by way of remuneration and tax and employers' and employees' social security contributions. Should a contract with a paying agent be terminated prior to the end of the Member's term of office, a certified true copy of the pay statement record book shall be forwarded immediately to the new paying agent of the Member's choice, as referred to in Article 35(3).
2.   Assistants shall abstain from any actions bringing them into conflict with the interests of the Members they assist and those of Parliament. They shall without delay inform the Member concerned of their intention to engage in any remunerated or unremunerated outside activity or to stand for election.
They shall be required to reside at a distance from their workplace that is compatible with the proper performance of their duties.
3.   The Member shall immediately inform the relevant department of any changes in the conditions of employment affecting parliamentary assistance expenses and of any plans by assistants to engage in outside activities or to stand for election. The Member must ensure that outside activities and standing for election do not interfere with the performance by assistants of their duties or run counter to the financial interests of the Union. The relevant department may require evidence of the arrangements made to that end with the assistants concerned.
4.   Local assistants intending to stand for election shall comply with national laws regarding electoral campaigns. At least for the duration of the official campaign, assistants must be on annual leave or unpaid leave. If they are elected, the defrayal of the expenses in relation to them shall cease unless they can provide evidence that their mandate is consistent with the performance of their duties as parliamentary assistants.
5.   Contracts concluded between Members and assistants must include the obligations imposed in paragraphs 2 and 4.’.










7.


Article 41 is replaced by the following:
‘Article 41
Documents to be submitted in connection with a service contract
1.   With the exception of occasional services the cost of which does not exceed EUR 500 including VAT, an application for defrayal of expenses must be submitted before the conclusion of a contract for the provision of services and must contain:






(a)


an estimate and a draft of the contract which the Member intends to conclude with a service provider and which clearly defines the nature of the services to be provided;










(b)


in the case of services costing more than EUR 60 000 including VAT, the justification for the selected tender, which must be the most economically advantageous of at least three tenders from completely independent providers, taking into account, apart from the price, the quality of the offer and social aspects; this threshold shall apply on a cumulative basis in the event of successive contracts for similar services from the same provider;










(c)


in the case of service providers that are legal persons, a copy of their entry in the commercial register or an equivalent document, together with the articles of incorporation, or in the case of service providers that are natural persons, the documents listed under points (d) to (f) of Article 38, and, save in the case of occasional contracts, under point (g) thereof;










(d)


in the case of service providers that are legal persons, a declaration of absence of conflicts of interest confirming that none of those involved in the provision of services is an assistant within the meaning of Article 34 or in any of the categories mentioned in point (d) of Article 43.




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 and a copy of the contract concluded with the service provider. The invoice or fee statement shall be accompanied by confirmation by the Member that the service has actually been provided. Upon request by the relevant department, the Member shall also submit the main supporting documents.
Where services are partially or totally exempt from VAT, the relevant department may require the paying agent to confirm the legal basis for that exemption.’.










8.


Article 43 is amended as follows:






(a)


point a is replaced by the following:






‘(a)


to finance contracts concluded with an organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group;’;














(b)


point d is replaced by the following:






‘(d)


to fund contracts providing for the employment or the use of the services of Members' spouses or stable partners or their parents, children, brothers or sisters or, in general, giving rise to any possibility of a conflict of interest as defined in Article 62(1a).’.


















9.


Article 46 is amended as follows:






(a)


paragraphs 1, 2 and 3 are replaced by the following:
‘1.   Former Members shall be entitled to the transitional allowance. Where they hold a mandate in another parliament or a public office, the salary to which they are entitled shall be offset against the transitional allowance.
2.   Article 2(3) shall apply mutatis mutandis to the transitional allowance.
3.   For the purposes of this Article, “another parliament” shall mean any parliament with legislative powers which is established in a Member State.’;










(b)


in paragraph 4, the introductory wording is replaced by the following:
‘4.   For the purposes of this Article, “public office” shall mean any of the following:’;










(c)


in paragraph 4, point (c) is replaced by the following:






‘(c)


a post as a senior official exercising public authority or a post as an official or Member of a Union institution.’.


















10.


In Article 48, paragraph 1 shall be replaced by the following:
‘1.   In order to be able to receive the transitional allowance, the former Member shall apply to the Secretary-General for it not later than three months after the end of his or her mandate, attaching a written statement indicating whether he or she is performing any of the duties referred to in Article 46.’;










11.


In Article 61, paragraph 1 is replaced by the following:
‘1.   The implementation of these Implementing Measures and any application for payment submitted under these Implementing Measures shall be consistent with the provisions of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (4) and Commission Delegated Regulation (EU) No 1268/2012 (5).

(4)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1)."
						

(5)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1.).’."
						










12.


In Article 62, the following paragraph is inserted:
‘1a.   Members involved in budget implementation shall not take any action which may bring their own interests into conflict with the financial interests of the Union.
A conflict of interests exists where the actions of Members are unduly influenced for reasons involving family, emotional life, economic interest or any other shared interest with a recipient.’.










13.


Article 78 is replaced by the following:
‘Article 78
Transitional arrangements applicable to the contracts of local assistants and paying agents
1.   The provisions of Articles 34 and 35, as amended by the Bureau decision of 26 October 2015, concerning the number of assistants and the remuneration of assistants and paying agents shall not affect contracts that are still valid, provided that applications for defrayal of the expenses arising from them have been submitted to the relevant department before 27 October 2015.
2.   Contracts of the kind referred to in paragraph 1 may only be renewed or modified in accordance with the provisions of Title I, Chapter 5.’.




Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Decision shall apply from 1 January 2016, with the exception of Article 1(9) and (10), which shall apply from 1 July 2014.


(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)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).