Decision of the Bureau of the European Parliament of 17 October 2022 amending the Implementing Measures for the Statute for Members of the European Parliament 2022/C 452/01
Date: 2022-10-17
Institutions: Bureau of the European Parliament
Subjects: Member of the European Parliament, Statute for Members of the Parliament, allowances and expenses, financial interests of members, parliamentary allowance




C_2022452EN.01000101.xml










29.11.2022   


EN


Official Journal of the European Union


C 452/1






DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
of 17 October 2022
amending the Implementing Measures for the Statute for Members of the European Parliament
(2022/C 452/01)
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), in particular Articles 2(1) and, 20(1), (3) and (4) thereof,
Having regard to Rule 25(3) of the Rules of Procedure of the European Parliament,
Having regard to Article 28(2) of the Implementing Measures for the Statute for Members.
Whereas:






(1)


Article 20(3) of the Statute for Members provides for certain expenses incurred by Members in the exercise of their mandate to be reimbursed by means of a flat-rate sum. Recital 17 of the Statute for Members specifies that such reimbursement is to be effected in conformity with the principles set out by the Court of Justice of the European Communities in the ‘Lord Bruce’ judgment (2).










(2)


Parliament is therefore able to effect such reimbursement by means of a flat-rate sum where this would reduce the administrative costs and burdens inherent in a system that otherwise requires the verification of each individual item of expense, in the interests of sound administration.










(3)


In accordance with Rule 25(3) of the Rules of Procedure, the Bureau takes financial, organisational and administrative decisions on matters concerning Members.










(4)


Article 25 of the Implementing Measures for the Statute for Members of the European Parliament (3) (the ‘Implementing Measures’) specifies that Members are entitled to a general expenditure allowance in the form of a lump sum. Article 28(2) of the Implementing Measures mandates the Bureau to adopt a non-exhaustive list of the expenses which may be defrayed from that allowance.










(5)


The latest version of the list of expenses which may be defrayed from the general expenditure allowance was adopted by the Bureau in its decision of 2 July 2018. The Bureau is to evaluate that decision on the basis of the experience gained during the ninth parliamentary term and maintain it until the end of 2022.










(6)


Following the announcement by the President on 4 April 2022, the Bureau ad-hoc Working Group on the General Expenditure Allowance (the ‘Bureau ad-hoc Working Group’) was established and tasked with carrying out the evaluation of the Bureau decision of 2 July 2018 and submitting its outcome to the Bureau no later than November 2022, together, where appropriate, with recommendations and proposals.










(7)


On 6 October 2022, the Bureau ad-hoc Working Group submitted a recommendation to the Bureau to introduce a separate Chapter in Title 1 of the Implementing Measures, namely Chapter 7, dedicated to the general expenditure allowance, as well as a number of accompanying measures to increase transparency in relation to that allowance.










(8)


The Bureau ad-hoc Working Group also proposed that the Bureau assess and, if necessary, review the rules on the general expenditure allowance under Chapter 7 of the Implementing Measures, after taking note of the overview of voluntarily-returned, unused amounts prepared after the end of each legislative term by the Parliament’s Directorate-General for Finance. That assessment and any review should be carried out at the latest by the end of the year following the elections to the European Parliament, with a view to any new rules entering into force during the following parliamentary term.










(9)


Furthermore, in the light of the addition of Chapter 7, and in order to maintain the logical structure of the Implementing Measures, it is appropriate to reorder, and therefore to renumber, certain of its existing articles,




HAS ADOPTED THIS DECISION:

Article 1
The Implementing Measures are amended as follows:






(1)


in Title I, Chapter 4, the title of Section 3 is replaced by the following:
‘Section 3: General provisions’;










(2)


Article 25 is replaced by the following:

‘Article 25
Assistance to Members on official journeys

1.   A Member who, in the course of an official journey as referred to in Article 10(1), point (a), (2) and (2a), falls seriously ill or is the victim of an accident or of unforeseen circumstances that prevent the journey from proceeding smoothly shall be entitled to the assistance of Parliament. That assistance shall include the organisation of repatriation and the assumption of responsibility for payment of any associated costs. The Member, or, where appropriate, his or her representative, may request repatriation to one of Parliament’s places of work or to his or her place of residence.


2.   In the event of the death of a Member during such an official journey, the expenses incurred in transporting the deceased back to his or her place of residence may also be reimbursed.


3.   Parliament shall discharge its assistance obligations by means of an insurance policy. The rights of Members referred to in paragraphs 1 and 2 shall be exercised under the conditions laid down in the policy.


4.   The insurance policy shall cover inter alia the cost of provision of the following assistance:






—


assistance in the event of serious illness, accident or death of a Member,










—


assistance and early return in the event of natural disaster, major disturbances of public order or serious illness, accident or death of a relative of the Member,










—


logistical and administrative assistance in the event of loss or theft of documents,










—


assistance in the event of legal action taken out against the Member,










—


supplementary life and invalidity insurance (outstanding balance).’;
















(3)


Article 26 is replaced by the following:

‘Article 26
Assistance for disabled Members
The Quaestors may, on a proposal from the Secretary-General and after consulting Parliament’s doctor, authorise the defrayal by Parliament of certain expenditure required to provide a seriously disabled Member with the assistance he or she needs to perform his or her duties. The percentage of invalidity and the suitability of the assistance proposed shall be subject to periodic confirmation by Parliament’s doctor. The authorisation given by the Quaestors shall lay down the arrangements for providing assistance and the period during which it is to be provided.’;











(4)


Article 27 is replaced by the following:

‘Article 27
Periods of absence
The subsistence allowance provided for in Article 24 shall be reduced by 50 % for each day on which a Member has been absent for more than half of the roll-call votes taken on the Tuesdays, Wednesdays and Thursdays of Strasbourg part-sessions and the second day of Brussels part-sessions.’;











(5)


Article 28 is replaced by the following:

‘Article 28
Pecuniary sanctions

1.   Members who, under Rule 152 of Parliament’s Rules of Procedure, have been excluded from the Chamber shall forfeit, for the duration of their exclusion, their entitlement to the subsistence allowance provided for in Article 24.


2.   Members shall forfeit their entitlement to the subsistence allowance in the cases referred to in Rule 153 of Parliament’s Rules of Procedure.’;












(6)


after Article 28, the heading ‘Section 4: General provisions’ is replaced by the following:
‘CHAPTER 5


Assistance from personal staff
’;










(7)


Article 29 is replaced by the following:

‘Article 29
Defrayal of parliamentary assistance expenses

1.   Members shall be entitled to assistance from personal staff whom they may freely choose. Parliament shall defray expenses actually incurred and arising wholly and exclusively from the employment of one or more assistants or the use of service providers in accordance with these implementing measures and the conditions laid down by the Bureau.


2.   Only expenses for assistance which is necessary and directly linked to the exercise of a Member’s parliamentary mandate may be defrayed. Expenses linked to a Member’s private life may on no account be defrayed.


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.


4.   The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 30 shall be EUR 26 734 with effect from 1 January 2022.


5.   Where a Member’s term of office does not begin on the first day of a month or does not end on the last day of a month, the parliamentary assistance expenses defrayable for that month shall be calculated on a pro rata basis.


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.’;












(8)


Article 30 is replaced by the following:

‘Article 30
General principles

1.   Members shall make use of:






(a)


accredited parliamentary assistants as referred to in Article 5a of the Conditions of employment of other servants, and










(b)


natural persons who are to assist Members in their Member States of election and who have concluded an employment or service contract with them in keeping with applicable national law, in accordance with the conditions laid down in this chapter, hereinafter referred to as “local assistants”.






2.   Several Members may, by written agreement, form a grouping in order jointly to employ or use the services of one or more assistants, as referred to in paragraph 1, or of one or more trainees. In such case, the Members concerned shall designate from amongst their number the Member or Members authorised to sign the contracts, 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 29(4).


3.   Articles 31 to 38 shall not apply to accredited parliamentary assistants.


4.   Expenses incurred in connection with traineeship agreements, established on the basis of the conditions laid down by the Bureau, may also be defrayed.


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.


6.   The services provided may not include the provision of staff, except for temporary services by service providers who provide such services on a professional and regular basis and are authorised under national law to provide such services.


7.   The Bureau shall adopt a list of expenses which may be defrayed for the purpose of parliamentary assistance (*1).


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.


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 29(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 29(4).
Moreover, the expenses in relation to the provision of services referred to in Article 30 may not exceed 25 % of the amount provided for in Article 29(4).
These limits shall be calculated on the cumulative basis per financial year of the monthly entitlements provided for in Article 29(4), plus any unused balance carried over to the following financial year under Article 29(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.



(*1)  See the list of expenses which may be defrayed for the purpose of parliamentary assistance, adopted by the Bureau on 5 July 2010 and 26 October 2015.’;"
                        










(9)


the following article is inserted:

‘Article 30a
Financial consequences of a proven case of harassment of an accredited parliamentary assistant
If, following an internal harassment procedure in which both parties have been heard, the President establishes that a Member is guilty of the psychological or sexual harassment of an accredited parliamentary assistant, all the Member’s financial obligations under that accredited assistant’s contract, in particular the assistant’s pay, shall, by way of derogation from Article 29, be deducted by Parliament from its defrayal of the parliamentary assistance expenses of that Member and the Member shall not be entitled to the provision of any further services by that assistant.’;











(10)


Article 31 is replaced by the following:

‘Article 31
Paying agents

1.   All the employment and service contracts, as well as any traineeship agreements in respect of trainees who are based in the Member State of election, concluded by a Member or a grouping of Members, shall be administered by a paying agent established in a Member State.


2.   Paying agent services shall be performed by a natural or legal person duly authorised within a Member State to exercise a professional activity dealing with the tax- and social security-related aspects of employment contracts or service contracts under national law.


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 29(4) and shall not be subject to the limit laid down in Article 30(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 29(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.   The contract between the Member and the paying agent shall be concluded on the basis of a standard contract approved by the Bureau.
The standard contract shall establish, in accordance with this chapter, the payment arrangements in respect of the contracts referred to in paragraph 1 and the paying agent’s remuneration and liability.’;












(11)


Article 32 is replaced by the following:

‘Article 32
Arrangements for managing contracts with personal staff

1.   The paying agent shall ensure that national and Community law, in particular as regards social security and tax obligations, is properly complied with in respect of the contracts he or she manages.


2.   Paying agents’ fees shall be paid on submission of the relevant invoices or fee statements.


3.   Members shall supply their paying agents with all the documents and information they require in order to ensure the lawfulness and sound management of the contracts for which they are responsible, in particular the documents and information referred to in Article 33(2), Article 34(1), point (a), Article 36, Article 37(1), point (a) and Article 38.


4.   Parliament shall pay the paying agent the amounts due under the contracts, including traineeship agreements, for which he or she is responsible, on submission of the requisite supporting documents.


5.   At the request of the Member, Parliament shall exceptionally pay on his or her behalf net salaries directly to those assistants with whom the Member has concluded an employment contract. The paying agent shall inform the relevant department without delay of the amounts payable in respect of social security and tax, and shall draw up the salary slips.


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.’;












(12)


after Article 32, the heading ‘Chapter 5 Assistance from personal staff’ is deleted;










(13)


Article 33 is replaced by the following:

‘Article 33
Application for defrayal of parliamentary assistance expenses

1.   Applications for defrayal of parliamentary assistance expenses pursuant to Article 30(1), point (b), (2), (4) and (5), specifying the beneficiaries and the amounts of the payments to be made, shall be submitted to the relevant department by the Member or by his or her paying agent, and shall be duly countersigned by all the Members concerned and, save in the case provided for in Article 32(5a)(b), by the paying agent. They shall be accompanied by the supporting documents referred to in Article 34 in respect of employment contracts and those referred to in Article 37 in respect of service contracts.


2.   Members shall immediately inform their paying agents and the relevant department of any change in their contractual relations and the instructions concerning payments, indicating the changes made to the contract.
Paying agents shall immediately forward such information and the corresponding supporting documents to the relevant department.’;












(14)


Article 34 is replaced by the following:

‘Article 34
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. ’;















(15)


Article 34a is deleted;










(16)


Article 35 is replaced by the following:

‘Article 35
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.’;












(17)


the following article is inserted:

‘Article 35a
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 31(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.’;












(18)


Article 36 is replaced by the following:

‘Article 36
Employment contract termination expenses

1.   By way of derogation from Article 29(3), additional expenses incurred when the employment contracts concluded by Members with their local assistants terminate by virtue of the fact that their term of office has come to an end may be defrayed, provided that these expenses arise from compliance with applicable national labour law, including collective agreements.


2.   Paragraph 1 shall not apply if:






(a)


the Member concerned is immediately re-elected to the subsequent Parliament;










(b)


the Member concerned has served for less than six months;










(c)


the Member concerned has failed to comply with legal obligations relating to termination of the employment contract, including notice of dismissal, in good time prior to the end of his or her term of office, except in cases where the end of the term of office could not have been foreseen in advance;










(d)


the assistant concerned is in receipt of other remuneration from a Community institution or is employed by another Member or by a grouping of Members during the period in question;










(e)


the expenses in question are the result of a specific agreement between the parties or a decision to award a bonus, over and above statutory or collectively agreed obligations, on termination of the employment contract.






3.   Paying agents shall submit to the relevant department an application for payment of the expenses referred to in paragraph 1, duly countersigned by the Member and specifying the legal basis for such payment, within three months following the end of the Member’s term of office.


4.   Where Members are legally required under applicable national labour law to pay, in respect of the expenses falling within the scope of paragraph 1, an amount which is more than three times that referred to in Article 29(4), such expenses may be defrayed on an exceptional basis on submission of duly established supporting documents which must be certified by the competent national authorities. Applications for defrayal shall be submitted under the procedure laid down in paragraph 3.


5.   In order to cover expenses relating to the termination of an employment contract that cannot be defrayed under paragraphs 1 to 4, Members may instruct their paying agent to set aside funds from the amount referred to in Article 29(4) and to carry them over to the following financial years provided that the following conditions are satisfied:






(a)


the Member has, through appropriate written documentation, established that, outside the European Parliament and without the participation of Members of the European Parliament, a well-established practice exists in the sector to which the employment contract relates whereby redundancy payments above the statutory minimum are made;










(b)


redundancy amounts corresponding to the practice identified under point (a) have been agreed in the employment contract of the local assistant. The amounts agreed may in no circumstances exceed one month's salary for each year of employment;










(c)


the amounts set aside are declared per employee during the annual regularisation procedure under Article 35. The paying agent shall open a separate bank account for the funds and shall each year provide a bank statement for regularisation. In every financial year, the paying agent may only set aside amounts corresponding to employment periods from the start of the ongoing parliamentary term until the end of that financial year or, if the contract expires in that year, until the end of the contract. Interest collected on the amounts set aside shall be declared at the time of the annual regularisation procedure. Any surplus or unused amounts shall be reimbursed to Parliament on an annual basis and at the end of the employment contract concerned.’;
















(19)


Article 37 is replaced by the following:

‘Article 37
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 34, 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 30 or in any of the categories mentioned in point (d) of Article 39.






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.’;












(20)


Article 38 is replaced by the following:

‘Article 38
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 29(4). Paying agents shall submit to the relevant department applications for defrayal of such expenses, duly countersigned by the Member.’;











(21)


Article 39 is replaced by the following:

‘Article 39
Non-reimbursable expenses
The sums paid pursuant to this chapter may not be used directly or indirectly:






(a)


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










(b)


to cover expenses which may be reimbursed under other allowances provided for by these implementing measures or other provisions of Parliament’s Rules of Procedure;










(c)


to cover expenses incurred in connection with a contract for the provision of services where this may give rise to a conflict of interests, in particular in cases where a Member or one of the persons referred to in point (d):






—


is the sole or part owner of a company or a profit-making organisation which acts as his or her service provider,










—


sits on the board of directors or another executive body of a company or profit-making organisation which acts as his or her service provider,










—


has access to the bank account of his or her service provider,










—


has an interest in or obtains a financial benefit of any kind from the activities of his or her service provider;














(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).’;















(22)


Article 39a is deleted;










(23)


After Article 39, the following heading is inserted:
‘CHAPTER 6


Provision of equipment and facilities
’;










(24)


Article 40 is replaced by the following:

‘Article 40
Access to internal services and the provision of equipment and facilities

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 liaison 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.






2.   The Bureau may also adopt provisions granting former Presidents of Parliament, during their term of office, and former Members access to Parliament’s facilities.’;












(25)


Articles 41, 42 and 43 are deleted;










(26)


The heading ‘Chapter 6 Provision of equipment and facilities’ and Article 44 are deleted;










(27)


The following Chapter is inserted:
‘CHAPTER 7


General expenditure allowance



Article 41
Entitlement to the allowance

1.   Members shall be entitled to a general expenditure allowance to cover expenses which arise in the course of their parliamentary activities.


2.   In accordance with Recital 17 and Article 20(3), of the Statute, the general expenditure allowance is paid in the form of a lump sum.


3.   Members shall be entitled to the allowance from the month in which their application for payment is received.


4.   Members may choose to receive all or part of the amount of the allowance.



Article 42
Period covered

1.   The general expenditure allowance shall be payable for the duration of a Member’s term of office.


2.   The monthly amount of the general expenditure allowance shall be EUR 4 778.


3.   Members whose term of office begins after the fifteenth day of the month shall receive only half the general expenditure allowance for that month.


4.   Half the general expenditure allowance shall also be payable for a period of three months following the month in which a Member’s term of office ends, provided that the latter has served for at least six months and is not re-elected.



Article 43
Payments and periods of absence

1.   All payments in respect of the general expenditure allowance shall be made directly to Members.


2.   Any Member who, in a parliamentary year (from 1 September to 31 August), is absent on at least 50 % of the days fixed by the Bureau for plenary sessions of Parliament shall reimburse to Parliament 50 % of the general expenditure allowance relating to that period.


3.   Any period of absence referred to in paragraph 2 may be excused by the President on the grounds of ill-health or serious family circumstances, or the presence of the Member concerned elsewhere on mission on behalf of Parliament. Supporting documents shall be submitted to the Quaestors within a maximum of two months from the date on which the period of absence began.


4.   A Member expecting a child shall be excused attendance at official meetings of Parliament for a period of three months preceding the birth of the child. The Member must submit a medical certificate indicating the probable date of confinement. After confinement, the Member shall be excused attendance at official meetings for a period of six months. The Member must submit a copy of the child’s birth certificate.



Article 44
Expenses covered

1.   The general expenditure allowance is intended to cover inter alia expenses such as office running and office maintenance costs, office supplies and documentation, office equipment costs, representational activities or administrative costs.


2.   If Members find that the amounts provided by way of other allowances under these Implementing Measures or other Parliament rules are exhausted, they may also use the general expenditure allowance to directly pay for activities which are covered by those allowances.



Article 44a
Principles governing the use of the general expenditure allowance

1.   In order to facilitate the Members’ management and monitoring of their expenditure, Parliament shall pay the funds earmarked for the general expenditure allowance to an account dedicated to that allowance and to which it does not therefore transfer any other funds. Such an account shall be covered by the ordinary guarantees inherent in the mandate.


2.   Members shall bear sole responsibility for the way in which the sums paid pursuant to this chapter are used.


3.   Members shall be free to document their use of these sums, in detail or by type of cost as listed in paragraph 4, on their own or with the support of an external auditor, and to have this information published in whole or in part on their online page on Parliament’s website in accordance with Rule 11, paragraphs 4 and 5, of Parliament’s Rules of Procedure.


4.   The types of cost referred to in paragraph 3 are as follows:






 


Type 1: Local office rental and related charges










 


Type 2: Local office operating costs










 


Type 3: Office supplies, stationery and consumables










 


Type 4: Books, periodicals, newspapers and press reviews










 


Type 5: Office equipment and furniture










 


Type 6: Protocol and representation










 


Type 7: Organisation of events, seminars and conferences










 


Type 8: Other administrative expenditure










 


Type 9: Activities covered by other allowances that were exhausted










 


Type 10: Other costs linked to the Member’s parliamentary mandate.






5.   The Bureau shall adopt any additional measures deemed necessary to facilitate the implementation of Members’ decisions with regard to paragraph 3.’;












(28)


In Article 64(3), first subparagraph, the words ‘Article 36(5)’ are replaced by the words ‘Article 32(5)’;










(29)


In Article 65(2), first subparagraph, the words ‘Article 36(4) and (5)’ are replaced by the words ‘Article 32(4) and (5)’;










(30)


In Article 67, first paragraph, the words ‘Article 35’ are replaced by the words ‘Article 31’;










(31)


In Article 69(1), the words ‘and 26(2)’ are replaced by the words ‘ and 42(2)’;










(32)


In Article 69(2), the words ‘Article 33(4)’ are replaced by the words ‘Article 29(4)’;










(33)


In Article 78(1), the words ‘Articles 34 and 35’ are replaced by the words ‘Articles 30 and 31’.






Article 2
The Bureau of the European Parliament shall assess and, if necessary, review the rules on the general expenditure allowance under Chapter 7 of the Implementing Measures after taking note of the overview of voluntarily returned unused amounts prepared after the end of each legislative term by the Parliament’s Directorate-General for Finance. That assessment and any review shall be carried out at the latest by the end of the year following the elections to the European Parliament, with a view to any new rules entering into force during the following parliamentary term.


Article 3
This Decision shall enter into force on the first day of the month following that of its publication in the Official Journal of the European Union.



(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)  Judgment of the Court of Justice of 15 September 1981, Lord Bruce of Donington v Aspden, C-208/80, ECLI:EU:C:1981:194.

(3)  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).