Decision of the Bureau of 11 September 2023 concerning the Implementing Measures for the Statute for Members of the European Parliament and repealing the Decision of the Bureau of 19 May and 9 July 2008
Date: 2023-09-11
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_202402814EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2814


26.4.2024







            DECISION OF THE BUREAU
         
of 11 September 2023
         
concerning the Implementing Measures for the Statute for Members of the European Parliament and repealing the Decision of the Bureau of 19 May and 9 July 2008
         
(C/2024/2814)


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 Rule 25 of the Rules of Procedure of the European Parliament,

Whereas:







(1)


The Statute for Members of the European Parliament (‘the Statute’) lays down the rules and general conditions governing the exercise of the office of Member of the European Parliament (‘Member’). In addition to its provisions concerning the institutional aspects of Members’ rights, the Statute lays down uniform financial rules which are applicable to Members both during their terms of office and after they have completed their parliamentary activities. The Bureau is solely responsible for implementing the financial aspects of the Statute.












(2)


The purpose of these Implementing Measures is to supplement the Statute, not only in cases where its provisions expressly foresee that the arrangements for their implementation are to be laid down by Parliament but also in cases where such implementation requires that implementing measures be drawn up in advance.












(3)


These Implementing Measures also replace the Rules governing the payment of expenses and allowances to Members of the European Parliament (‘PEAM Rules’), which were repealed on the day the Statute entered into force.












(4)


As regards the reimbursement of medical expenses, the decision was taken, partly with a view to reducing administrative costs, to use the system applicable to Judges at the Court of Justice of the European Union and Members of the European Commission (‘the Commission’), in particular through the settlement offices of the Joint Sickness Insurance Scheme (the ‘JSIS’), whilst complying with the specific conditions laid down by the Statute.












(5)


As regards the reimbursement of expenses linked to the exercise of the mandate, including travel expenses, these Implementing Measures are based on the rules approved by the Bureau on 28 May 2003 establishing the principle of reimbursement on the basis of expenses actually incurred. However, in keeping with those rules and with the relevant case-law, a limited part of the expenses linked to the exercise of the mandate will continue to be reimbursed by means of a lump-sum payment.












(6)


As regards the defrayal by Parliament of the expenses actually incurred by Members in employing personal assistants, clear rules should be established governing the employment of assistants engaged to work in Member States where Members were elected. For example, those assistants’ contracts must without fail be managed by paying agents. In addition, due account should be taken of the legal status of accredited assistants, who are subject to specific legal arrangements adopted on the basis of Article 336 of the Treaty on the Functioning of the European Union (‘TFEU’), and in particular the Conditions of employment of other servants of the European Union. In the light of Parliament’s resolution of 22 April 2008, it would be appropriate to prohibit the funding of contracts concluded with the members of Members’ families.












(7)


Moreover, transitional provisions should ensure that persons in receipt of certain benefits under the PEAM Rules continue to receive them, in keeping with the principle of legitimate expectations. Steps should also be taken to guarantee the maintenance of pension rights acquired on the basis of the PEAM Rules before the entry into force of the Statute. In addition, due account should be taken of the specific arrangements governing Members who, during a transitional period and in respect of the financial rules governing the exercise of the mandate, will be covered by national systems in their Member State of election, pursuant to Article 25 or Article 29 of the Statute.












(8)


The Bureau Decision of 19 May and 9 July 2008 adopting the Implementing Measures for the Statute for Members of the European Parliament (2) has been substantially amended several times. After fifteen years of implementation, further amendments should be made in order to facilitate the interactions between Members and the parliamentary administration, to ensure sound financial management of the funds made available to Members, to improve transparency and accountability, and to ensure the principle of the independence of the parliamentary mandate. In the interests of clarity, the Bureau Decision of 19 May and 9 July 2008 should be repealed and replaced with a new act incorporating all amendments. This new act should enter into force on the first day of the part-session following the elections to the European Parliament due to be held in 2024,





HAS ADOPTED THIS DECISION:



TITLE I


EXERCISE OF THE PARLIAMENTARY MANDATE




CHAPTER 1




Salary




Article 1

Entitlement to salary

From the date on which they take up their duties until the last day of the month in which those duties cease, Members of Parliament (‘Members’) shall be entitled to the salary provided for in Article 10 of the Statute for Members of the European Parliament (‘the Statute’).


Article 2

Prohibition of concurrent receipt of salaries


1.   The salary received by a Member for exercising a mandate in another parliament simultaneously with a mandate in Parliament shall be offset against the salary provided for in Article 10 of the Statute.


2.   For the purposes of this Article, ‘another parliament’ shall mean any parliament established in a Member State which has legislative powers to which Article 7(2) of the Act concerning the election of the Members of the European Parliament by direct universal suffrage (3) does not apply.


3.   The calculation shall be based on the total amount of each of the two salaries, before the deduction of tax.


4.   Members shall state in their declarations of financial interests any mandate held within the meaning of paragraph 1, and any salary received as a result of that mandate.3





CHAPTER 2




Medical expenses




Article 3

Recipients of reimbursements and reimbursement procedures


1.   Pursuant to Article 18 of the Statute, and applying mutatis mutandis the Joint rules on sickness insurance for officials of the European Communities (4) (the ‘JSIS rules’), 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:






(i)


by their spouses or, where the condition laid down in Article 62(2) of these Implementing Measures is fulfilled, by their stable non-marital partners, and










(ii)


by their dependent children as defined in Article 62(3) of these Implementing Measures, until those children have reached the age of 21 or, if they are in full-time education or professional training, at the latest, 25; or if they are suffering from a serious illness or infirmity which prevents them from meeting their own needs, indefinitely,
provided that, those spouses, stable non-marital partners or dependent children are not eligible for benefits of the same nature and of the same level as Members or former Members by virtue of other legal provisions 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) of this paragraph shall be free to choose their practitioners and hospitals or clinics, as set out in Article 19(1) of the JSIS rules.


2.   With respect to the persons referred to in points (a) and (b) of paragraph 1 of this Article, when Article 24(2) of the JSIS rules is applicable, the reference to the monthly basic remuneration under Regulation (EEC, Euratom, ECSC) No 259/68 of the Council (6) (‘Staff Regulations’) means the salary determined pursuant to Article 10 of the Statute.


3.   The reimbursements provided for in paragraph 1 of this Article shall be debited from Parliament’s budget. Article 72(3) and (4) of the Staff Regulations and Article 20(6) of the JSIS rules shall apply.


4.   Advances within the meaning of Article 30 of the JSIS rules may only be granted in the form of direct billing of hospitalisation expenses. Following application of the reimbursement scale, the part of the expenses to be defrayed by the beneficiaries referred to in paragraph 1 of this Article shall be paid back to Parliament in accordance with the conditions laid down in Article 30(2) and (3) of the JSIS rules.


5.   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 expensesprovided for in paragraph 1 of this Article with effect from the first day of the month following the date of submission of the request. Such a waiver shall have retroactive effect from the starting date of the first mandate of the Member concerned if the relevant request is submitted within three months after that starting date, provided that the Member concerned has not applied for any reimbursement of medical expenses in that period.
Where a beneficiary waives his or her entitlement to reimbursement of medical expenses, he or she shall be entitled to reimbursement of two-thirds of the contribution due for health insurance up to a maximum reimbursement of EUR 400 per month.


6.   Any Member or former Member who, pursuant to paragraph 5, waives his or her entitlement to reimbursement of medical expenses shall not be entitled to return to the system of entitlement to reimbursement of medical expenses as provided for in paragraph 1 until twelve months have elapsed from the date on which the waiver took effect. Likewise, any subsequent change, whether it concerns a return to the system governing entitlement to reimbursement of medical expenses provided for in paragraph 1 or a waiver of such entitlement, may be made only after a minimum period of twelve months.
Without prejudice to the first subparagraph, effect will be given to subsequent requests for change on the first day of the month following the date of their submission.


7.   This Article shall also apply to former Members receiving the transitional allowance referred to in Article 13 of the Statute 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 52 for the period from the first day following cessation of their duties to the date of the commencement of their entitlement to the pension, provided that they fulfilled the conditions set out in Article 52(1) before the cessation of their duties.



Article 4

Procedure

Applications for reimbursement shall be submitted directly to the Settlements Office of the Commission, in accordance with the procedures laid down for that purpose and using standard forms accompanied by supporting documents. Upon request, the relevant service of Parliament shall provide advice for the submission of such applications.


Article 5

Financing

The financing of the reimbursement system and the arrangements for settling expenses shall be governed by a cooperation agreement between Parliament and the Commission on the basis of the provisions of the Statute and of the JSIS rules. On behalf of Parliament, its President shall sign that agreement after consulting the Quaestors.


Article 6

Complaints

Notwithstanding Article 76, any dispute in a specific case arising from the interpretation of this Chapter shall be submitted, together with the supporting evidence, within two months after notification of the decision from which the dispute arose, to the Secretary-General, who shall take a decision after obtaining an opinion from the Management Committee of the JSIS and after consulting the Quaestors.




CHAPTER 3




Insurance against risks connected with the exercise of the parliamentary mandate




Article 7

General provisions


1.   Subject to the conditions laid down in the insurance contracts, Members shall be entitled to:






(a)


insurance against accidents which they might suffer during the exercise of their mandate;










(b)


insurance against theft and loss of their personal property and effects during the exercise of their mandate.






2.   Two-thirds of the insurance premiums due shall be charged to Parliament’s budget and the remaining third to Members. The contribution of each Member shall be deducted directly from the salary provided for in Article 10 of the Statute.


3.   This Article shall apply to all Members from the beginning of their mandate unless they notify the Secretary-General in writing of their express wish to forgo insurance cover. Where applicable, their right to insurance cover shall lapse on the last day of the month in which notification of that wish was given.



Article 8

Accident insurance


1.   The accident insurance policy shall provide for cover against accidents to Members anywhere in the world throughout their mandate.


2.   The provisions of the accident insurance policy shall provide for:






(a)


in the event of death: payment of a lump sum equal to five times the annual salary provided for in Article 10 of the Statute to the persons listed below:






—


to the spouse or the stable non-marital partner for whom the condition laid down in Article 62(2) is fulfilled, and to the children of the deceased Member in accordance with the law of succession governing the Member's estate; however, the amount to be paid to the spouse or the stable non-marital partner shall not be less than 25 % of the lump sum,










—


where there are no persons of the category referred to in the first indent, to the other descendants in accordance with the law of succession governing the Member's estate,










—


where there are no persons of the categories referred to in the first and second indents, to the ascendants, in accordance with the law of succession governing the Member's estate,










—


where there are no persons of any of the categories referred to in the first, second and third indents, to Parliament;














(b)


in the event of total permanent invalidity: payment to the person concerned of a lump sum equal to eight times the annual salary provided for in Article 10 of the Statute;










(c)


in the event of partial permanent invalidity: payment to the person concerned of a proportion of the amount provided for in point (b) calculated by reference to the scale laid down by the common rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease (7) (the ‘Common rules’).






3.   The Common rules shall apply, mutatis mutandis, to Members, with the exception of those provisions concerning occupational diseases and life annuities and any provision the application of which is inseparable from the status of an official.
The complaints procedure provided for in Article 76 of these Implementing Measures shall apply.
The powers of the appointing authority laid down in the Common rules shall be exercised, in respect of Members, by the President of Parliament.
Recognition of total or partial permanent invalidity pursuant to this Article and the Common rules, shall not in any way preclude the application of Article 15 of the Statute. Likewise, the application of Article 15 of the Statute shall not preclude the recognition of total or partial permanent invalidity pursuant to this Article and the Common rules.


4.   In accordance with the conditions laid down in the Common rules, cover shall also extend to medical and pharmaceutical expenses, costs of hospitalisation, surgery, prostheses, radiography, massage and orthopaedics, invoices from clinics, transport costs and any similar expenses necessitated by the accident. However, such reimbursement shall be made only after the exhaustion of, and as a supplement to, those which the person concerned receives pursuant to the provisions on the reimbursement of medical expenses laid down in Article 18 of the Statute.



Article 9

Insurance against loss and theft


1.   The insurance policy against theft and loss of personal property and effects shall provide for:






(a)


worldwide cover;










(b)


a maximum insured sum of EUR 5 000 per theft or loss;










(c)


an excess of EUR 50 payable by the Member concerned in the event of a successful claim;










(d)


cover for personal effects and property;










(e)


the deduction of a percentage of the value of the effect or property for depreciation when the reimbursement is made.






2.   In the event of theft or loss occurring off Parliament’s premises, cover shall be provided only if, at the time of the theft or loss, the Member concerned is travelling as part of a travel financed by Parliament or a political group. In the event of theft occurring on Parliament’s premises, cover shall be provided only if the effects or property stolen were being kept in a safe place.


3.   A theft or loss of money which occurs off Parliament’s premises and which is reported to the police shall be covered up to a ceiling of EUR 250 provided that the money lost or stolen forms part of other personal effects lost or stolen. Theft or loss of money on Parliament’s premises shall not be covered.


4.   In the event of luggage being lost or mislaid for more than 12 hours by a carrier when a Member is travelling as part of a travel financed by Parliament or a political group to a destination other than his or her place of residence, the cost of buying or hiring personal effects or property which the Member has to incur shall be covered up to a ceiling of EUR 500.


5.   Any theft or loss of personal effects or property shall be reported by the Member concerned to the police if it occurred off Parliament’s premises. If the theft or loss occurred on Parliament’s premises, it shall be reported to the service of Parliament responsible for security.


6.   Thefts and losses shall be reported to the Secretary-General within eight days. The report form shall be accompanied by an invoice for the lost or stolen object or, failing that, for a replacement item if the value exceeds EUR 700.


7.   The insurance shall not cover thefts and losses covered by a private insurance policy held by the Member.





CHAPTER 4




Reimbursement of expenses





Section 1




Reimbursement of travel expenses





Subsection 1




Common provisions




Article 10

Entitlement to reimbursement for duty travel


1.   Members shall be entitled to reimbursement of expenses actually incurred in undertaking:






(a)


journeys to and from Parliament’s places of work or the venues for meetings of one of its official bodies, as defined in paragraph 3 (‘ordinary travel expenses’);










(b)


journeys undertaken in the performance of their duties outside the Member State in which they were elected, in accordance with Article 22 (‘additional travel expenses’);










(c)


journeys undertaken in the Member State in which they were elected, in accordance with Article 23.






2.   The following shall also be considered to be ordinary travel expenses:






(a)


travel expenses incurred by Members in undertaking any specific mission authorised by the President, the Bureau or the Conference of Presidents.










(b)


travel expenses incurred by the Chairs of committees or sub-committees in attending Council meetings.






3.   ‘Official Parliament bodies’ shall mean ‘Parliament bodies’, as defined in Title I, Chapter 3, of Parliament’s Rules of Procedure, along with the parliamentary committees, the interparliamentary delegations and other delegations constituted on the basis of those Rules of Procedure, and the political groups and the other bodies authorised by the Bureau or by the Conference of Presidents.



Article 11

Basis for reimbursement

Travel expenses shall be reimbursed on the basis of the attestation of attendance referred to in Article 12 and upon presentation of the relevant travel documents, and, where appropriate, other supporting documents as set out in Article 14.


Article 12

Attestation of attendance


1.   A Member’s attendance shall be attested by his or her signature of the central attendance register which shall be available to Members for this purpose during the opening hours laid down by the Bureau. Alternatively, a Member’s attendance shall be attested by his or her signature in the record of attendance available directly in the relevant Chamber or meeting room of an official Parliament body. An electronic attestation of a Member’s attendance may be used instead of his or her signature.


2.   By way of exception, attendance may be attested by other documents proving that the Member was present at the meeting venue during normal meeting hours. This option may be used on no more than five occasions per calendar year.


3.   Declarations by the Member or another person shall not be regarded as proof of attendance within the meaning of paragraphs 1 and 2 of this Article. However, in the cases referred to in Article 10(1), points (b) and (c), and (2), attendance shall be attested by the Member’s declaration.



Article 13

Travel documents


1.   Applications for reimbursement of travel expenses must be accompanied by supporting documents indicating the price paid, the route taken and the class, date and time of travel, and, in particular:






(a)


in the event of travel by air: tickets bearing the Member’s name and all boarding cards or the electronic proof of the use of such tickets;










(b)


in the event of travel by rail or boat: all the tickets.






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.
Members shall provide evidence either that they are the owner of the car used for that journey or bear the costs related to it, or that they actually incurred the costs resulting from its use to make that journey. For the purposes of this subparagraph, Members are presumed to bear the costs related to cars owned by their spouses, stable non-marital partners or children.
Where the length of the journey exceeds 480 km, the declaration shall be accompanied by supporting documents which make it possible to determine the route taken as well as the date on which the journey was made.
The supporting documents shall include at least one receipt relating to a transaction made during the journey and situated more than 100 km from the places of departure or arrival (e.g. a fuel or meal purchase receipt, motorway toll slip, 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. That advance shall be regularised at the end of the validity of the season ticket or card.


4.   A Member who purchases tickets from Parliament’s travel agency may, on his or her sole responsibility, and after signing an acknowledgement of receipt, ask the relevant service of the Parliament to reimburse the cost directly to that travel agency. In such cases, the relevant service of the Parliament may retrieve the supporting documents listed under paragraph 1 from the reservation system of that travel agency.



Article 14

Other supporting documents

Applications for reimbursement of travel expenses must be accompanied by the following supporting documents:






(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 in the exercise of the Member’s mandate or, in the case referred to in Article 22(3), 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;










(c)


in the cases referred to in Article 10(2), point (a): as appropriate, an authorisation from the President, the Bureau or the Conference of Presidents;










(d)


in the cases referred to in Article 10(2), point (b): an invitation from the Council.






Article 15

Amounts reimbursed


1.   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 up to a maximum equivalent to the public D-class tariff;










(b)


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






2.   In the event of travel by car, travel expenses shall be reimbursed on the basis of the expenses actually incurred and in accordance with the following rules:






(a)


for a single outward or inward journey, up to a maximum of 720 km;










(b)


for all car journeys within the Member State of election up to the yearly maximum set out in Article 23(1), point (b);










(c)


for all car journeys made pursuant to Articles 10(1), points (a) and (c), and 10(2) within the Member State of election, up to a maximum of 60 000 km per calendar year;










(d)


until the maximum reimbursement limits in points (a), (b) and (c) of this paragraph are reached, the reimbursement ceiling shall be EUR 0,58/km;










(e)


where, in order to complete a car journey, it is necessary to cross a body of water, the costs of the car ferry or other means of transport used are reimbursable.









Subsection 2




Provisions applicable to ordinary travel expenses




Article 16

Reimbursement and days on which travel is undertaken


1.   In order to be eligible for reimbursement, the journeys referred to in Article 10(1), point (a), must have been undertaken for the purpose of official activities taking place on days set aside for them in Parliament’s official calendar of business.
Members may also undertake the journeys referred to in Article 10(1), point (a), during weeks set aside for external parliamentary activities.


2.   The journeys referred to in Article 10(2) must be undertaken on the days fixed by the body empowered to authorise travel.



Article 17

Routes


1.   Reimbursement of the travel expenses incurred in making a journey to or from one of Parliament’s places of work or a meeting venue shall be calculated on the basis of the most direct route between the Member’s point of departure or arrival, and the place of work or meeting venue.


2.   ‘Place of residence’ shall mean the place, situated on the territory of the Union, where the Member ordinarily resides (i.e. actually lives on a consistent basis) when not absent in the performance of his or her parliamentary duties. The Member shall inform the relevant service of Parliament of that place of residence.


3.   The most direct route shall be determined by taking into account:






(a)


for journeys by air: the closest airport to the Member’s point of departure which can issue an air ticket at the tariff referred to in Article 15(1) and the distance between that airport and the destination;










(b)


for journeys by rail: the station closest to the Member’s point of departure and the distance between that station and the destination;










(c)


for journeys by car or boat: the distance between the Member’s point of departure and the destination.






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, 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 Parliament service, 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 taking a decision.


6.   In order for a Member’s journey to or from one of Parliament’s places of work or to or from an official meeting venue to be reimbursed under this subsection, any break in the journey shall not exceed one overnight stay. If the break exceeds one overnight stay, travel expenses shall be reimbursed from the last place of departure.
Where that break takes place in Brussels or Strasbourg, travel expenses shall be reimbursed from those places if the break exceeds three overnight stays.


7.   If the point of departure or arrival does not correspond to the Member’s place of residence and is located either outside the Member State in which he or she was elected or in an outermost region of the European Union, the travel expenses set out in Article 15 shall be reimbursed on the basis of the most direct route between the point of departure and arrival, up to a maximum of the travel 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.
Reimbursement under this paragraph shall only apply to travel within the Union.


8.   In the case of journeys undertaken between two places of work, between two meeting venues or between a place of work and a meeting venue, paragraphs 3 and 7 shall apply mutatis mutandis.


9.   The tariffs used for the purposes of these Implementing Measures shall be updated periodically and at least twice a year.



Article 18

Arrangements


1.   Members shall be entitled to reimbursement of the expenses incurred in making one return journey (‘main journey’) per Parliament working week between their place of residence or another point of departure in the Member State in which they were elected, with the exception of the outermost regions, and one of Parliament’s places of work or a meeting venue.


2.   Except during weeks set aside in Parliament’s official calendar of business for activities away from its places of work, Members shall also be entitled to reimbursement of the expenses incurred in making one return journey (‘intermediate journey’) in the middle of a Parliament working week between one of Parliament’s places of work or a meeting venue and their place of residence or another place in the Member State in which they were elected.


3.   The entitlement to reimbursement of expenses incurred in making intermediate journeys shall be independent of the entitlement to reimbursement of the travel expenses incurred in making journeys within the Member State in which a Member was elected, as referred to in Article 10(1), point (c).


4.   Members shall not be entitled to any reimbursement in respect of journeys undertaken using transport made available by Parliament.


5.   Members who were unable to use an official car shall be entitled, on presentation of supporting documents, to reimbursement of taxi fares incurred in making journeys between the airport or station of arrival or departure and Parliament’s place of work or a meeting venue, in accordance with the Bureau Decision of 30 November 2011 on the rules governing transport arrangements for Members in the European Parliament’s places of work.



Article 19

Entitlement to the distance and duration allowances


1.   In respect of journeys within the Union, Members shall be entitled to distance and duration allowances intended to cover all travel-related expenses. That entitlement shall apply only to the main journey within the meaning of Article 18(1).


2.   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 of the kind referred to in Article 17(6) or of any other kind shall not create any additional entitlement to a duration or distance allowance.


3.   For travel between the Member’s place of residence and Parliament’s places of work, the ceilings for the distance and duration allowances 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 place of residence.
Where the point of departure or arrival does not correspond to the Member’s place of residence, the ceilings for the distance and duration allowances shall be set for each journey individually up to a maximum of the allowances which the Member would have received in making the journey to or from his or her place of residence.


4.   For travel to and from other venues for meetings within the meaning of Article 10(1), point (a), and (2), the ceilings for the distance and duration allowances shall be set for each journey individually up to a maximum of the allowances which the Member would have received in making the journey to or from his or her place of residence.


5.   A Member may choose to receive all or part of the amount of the distance and duration allowances.


6.   Members are invited to use the bonus miles, points or other fidelity benefits collected by them as part of a travel financed by the budget of Parliament, for future travel undertaken in the exercise of their mandate.



Article 20

Amount of the distance allowance


1.   The ceilings for the distance allowance shall be determined as follows:






(a)


for the part of the journey between 0 and 50 km: EUR 25,91;










(b)


for the part of the journey between 51 and 250 km: EUR 0,15/km;










(c)


for the part of the journey between 251 and 1 000 km: EUR 0,07/km; and










(d)


for the part of the journey in excess of 1 000 km: EUR 0,03/km.






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. In the event of travel by car, the reimbursement ceiling for a single outward or inward journey set in Article 15(2), shall apply to the calculation of the distance allowance.
If the calculation basis for a train journey is unknown or hard to ascertain, the calculation basis for a car journey shall be used.



Article 21

Amount of the duration allowance


1.   The duration allowance shall be calculated as follows:






(a)


for a journey with a total duration of between two and four hours: an amount equivalent to one-eighth of the allowance provided for in Article 24;










(b)


for a journey with a total duration of between four and six hours: an amount equivalent to one-quarter of the allowance provided for in Article 24;










(c)


for a journey with a total duration of more than six hours involving no overnight stay: an amount equivalent to half the allowance provided for in Article 24; and










(d)


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






2.   The total duration of a journey shall be calculated as follows:






(a)


for journeys by air, rail or boat:






—


duration of the journey between the Member’s place of residence and the airport or station, made at a speed of 60 km/h;










—


duration of the journey by air, rail or boat on the basis of the timetable;










—


one hour at embarkation or, at the departure of the train or boat, 30 minutes at disembarkation or on arrival; and










—


30 minutes for the transfer between the airport or station and Parliament’s buildings in Brussels, Luxembourg and Strasbourg (Entzheim).




The Bureau shall determine the duration of journeys to Strasbourg via other airports on the basis of the availability of means of transport (8);










(b)


for journeys by car: duration of the journey between the Member’s place of residence and the place of work or meeting venue, made at a speed of 80 km/h and for a maximum of 9 hours per single outward or inward journey.









Subsection 3




Provisions governing additional travel and travel in the Member State of election




Article 22

Additional travel expenses


1.   The maximum annual amount which may be reimbursed in respect of travel expenses incurred in the cases referred to in Article 10(1), point (b), shall be EUR 5 500.


2.   Subject to the maximum annual amount set out in paragraph 1, 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 by them during the period of exercise of their official activities. This entitlement shall also cover the day before the start and the day after the end of the period of official activities.


3.   Where a Member travels to one of Parliament’s places of work during a week in which no official Parliament activities are taking place, reimbursement of additional travel expenses shall be limited to travel costs, including taxi fares within the limits laid down in the Bureau Decision of 30 November 2011 on the rules governing transport arrangements for Members in the European Parliament’s places of work, and hotel costs.


4.   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 in the exercise of the Member’s mandate.


5.   Members may combine ordinary travel with additional travel.
The inbound and outbound legs of the combined journey shall be reimbursed in accordance with Article 10(1), point (a), up to a maximum of the expenses which the Member would have incurred in making the journey to or from his or her place of residence by the most direct (i.e. the shortest) route. Any additional costs incurred shall be charged to the Member’s additional travel allowance in accordance with paragraph 1 of this Article.


6.   Members may combine additional travel with subsidiary non-official activities provided that this does not increase the amount of travel and subsistence expenses to be reimbursed.


7.   The activities for which additional travel is undertaken may not give rise to another form of public or private reimbursement of the expenses incurred.


8.   The maximum annual amount which may be reimbursed in respect of the travel expenses actually incurred by committee or subcommittee chairs in travelling to attend a conference or event which deals with a matter of European interest falling within the sphere of responsibility of their committee or subcommittee and which has a parliamentary dimension shall be EUR 4 886. Such participation shall require prior authorisation from the President of Parliament, following verification that appropriations up to the maximum amount indicated above are available.
A committee or subcommittee chair may authorise in writing one of his or her vice-chairs, or, if that is not possible, a member of his or her committee or subcommittee, to represent him or her at such a conference or event.
Those expenses shall be subject to the same conditions governing reimbursement as those which apply to additional travel expenses.



Article 23

Travel expenses incurred in the Member State of election


1.   The entitlement to the reimbursement of travel expenses incurred in the Member State in which a Member was elected, as referred to in Article 10(1), point (c), may not exceed, per calendar year:






(a)


24 (return) journeys by air, rail or boat;
Members may not be reimbursed for more than two journeys to the outermost regions that are part of their Member State of election, unless they have their place of residence there, as defined in Article 17(2);
Members may not be reimbursed for more than two journeys to the overseas countries and territories associated to the Union that have special relations with their Member State of election;










(b)


as regards journeys by car, a distance not exceeding:






—



                                                26 000 km for Members elected in Germany, Spain, France, Italy, Poland, Romania, Finland and Sweden;










—



                                                20 000 km for Members elected in Bulgaria, the Czech Republic, Ireland, Greece, Hungary, Austria, Portugal and Slovakia;










—



                                                14 000 km for Members elected in Belgium, Denmark, Estonia, Croatia, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands and Slovenia.










2.   On written request, any Member who has exhausted his or her air, rail or boat journey allowance under paragraph 1, point (a), may convert his or her car journey allowance under paragraph 1, point (b), into an allowance for air, rail or boat journeys at the rate of a one-way air, rail or boat journey for the equivalent of 2 % of the maximum number of kilometres allowed for the Member State of election of the Member concerned.


3.   Parking charges and travel expenses incurred within an urban area for 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 for taxis 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, point (b).


4.   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 to be journeys within the Member State of election for the purposes of paragraph 1, points (a) and (b) of this Article.






Section 2




Reimbursement of subsistence expenses




Article 24

Subsistence allowance


1.   Members shall be entitled to a subsistence allowance for each day’s attendance:






(a)


in a place of work or at a meeting venue, when their attendance is duly attested in accordance with Article 12 and with the exception of attendances involving travel covered by the provisions governing reimbursement of additional travel and travel in the Member State of election;










(b)


at a meeting of a committee or another body of a national parliament, held away from the Member’s place of residence, on presentation of an official invitation as well as the official minutes of the meeting attended mentioning the Member as present and the duration of the meeting.




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 a allowance is payable pursuant to points (a) and (b) of this paragraph and in the specific circumstances decided by the Bureau on 19 October 2009.


2.   If the attendance referred to in paragraph 1 takes place on the territory of the Union, a Member shall receive a lump-sum allowance of EUR 350.


3.   If the attendance referred to in paragraph 1 takes place outside the territory of the Union, a Member shall receive:






(a)


a lump-sum allowance equal to half the amount provided for in paragraph 2 for the period between the departure time of the last convenient flight before the beginning of the meeting and the arrival time of the first convenient flight after the meeting, or between the departure time and the arrival time of any special aircraft chartered by Parliament, as appropriate; for the purposes of that calculation, periods of more than 12 hours shall count as a full day and periods of more than six, but fewer than 12 hours, shall count as a half day;










(b)


on presentation of the original bill, reimbursement of reasonable accommodation expenses incurred at the meeting venue;










(c)


on presentation of supporting documents, reimbursement of visa costs and related expenses;










(d)


in duly substantiated exceptional circumstances, reimbursement of reasonable subsistence expenses incurred during the journey itself.






4.   In the event of main journeys undertaken on the same day, the subsistence allowance shall be reduced by half if the duration of the Member’s stay at the place of work is less than six hours.





Section 3




General provisions




Article 25

Assistance to Members on travel financed by Parliament or a political group


1.   A Member who, in the course of travel financed by Parliament or a political group, 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 travel financed by Parliament or a political group, the expenses incurred in transporting the deceased back to his or her place of residence shall 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 in accordance with the conditions laid down in the policy.


4.   The insurance policy shall cover inter alia the cost of providing 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).







Article 26

Assistance for Members with a disability

The Quaestors may, on a proposal from the Secretary-General and after consulting Parliament’s Medical Service, authorise the defrayal by Parliament of certain expenditure required to provide Members with a disability with the assistance they need to perform their duties. The percentage of disability and the necessity and suitability of the assistance proposed shall be subject to periodic analysis and confirmation by Parliament’s Medical Service. The authorisation given by the Quaestors shall lay down the arrangements for providing assistance and the period during which it is to be provided.


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 any day of a part-session, excluding the roll-call votes relating to the adoption of Parliament’s agenda. For the purposes of this Article, if half of the total number of roll-call votes taken is not a whole number, it shall be rounded down to the next whole number.


Article 28

Implementation of measures adopted pursuant to the Rules of Procedure


1.   Members who, under Rule 175 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 of these Implementing Measures.


2.   Members shall forfeit their entitlement to the subsistence allowance provided for in Article 24 of these Implementing Measures where the President of Parliament so decides under Rule 176 of Parliament’s Rules of Procedure.






CHAPTER 5




Assistance from personal staff




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 from 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 shall be defrayed. Expenses linked to a Member’s private life shall on no account be defrayed.


3.   Expenses shall be defrayable for the duration of a Member’s term of office. Expenses can only be defrayed if they have not been incurred earlier than:






(a)


where submission of the contract or modification from which the expenses originate is required, thirty days before the application for registration of new contracts or contract modifications, or










(b)


in all other cases, ninety days before the application for defrayal is submitted in accordance with this Chapter.






4.   The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 30 shall be EUR 28 696 with effect from 1 July 2023.


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.   Any 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.



Article 30

General principles


1.   Members may make use of:






(a)


‘accredited parliamentary assistants’: natural persons referred to in Article 5a of the Conditions of employment of other servants of the European Union, residing in their place of employment in accordance with Article 20 of the Staff Regulations in order to provide direct assistance to Members in the premises of the European Parliament at one of its three places of work, and










(b)


‘local assistants’: natural persons who assist Members in their Member State of election and who have concluded an employment or service contract with them in accordance with the applicable national law and with the conditions laid down in this Chapter.






2.   Two or more Members may form a grouping in order to jointly employ or use the services of one or more assistants, as referred to in paragraph 1, or of one or more trainees, provided that they do so in writing and using the standard agreement approved by the competent authorising officer. In such cases, 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. The name given to the grouping shall not contain any references to a political party, foundation or movement.
Members shall submit a written declaration to the relevant service of Parliament laying down the respective shares to be deducted from the amount provided for in Article 29(4). The maximum share of any Member in a grouping may not exceed 80 %.
For the purposes of calculating the number of contracts per Member, each assistant or trainee recruited for a grouping of Members shall be assigned to one of the participating Members designated by the responsible Member.


3.   Articles 32 to 40 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 persons established or legal persons incorporated in a Member State who provide them with specialised and clearly identified services, with whom they have concluded a service contract in accordance with the applicable national law and with the conditions laid down in this Chapter. Those service providers must have adequate qualifications or experience in delivering the services at stake.
Legal persons providing services costing more than EUR 60 000 including VAT, must have been incorporated in a Member State and must have been active in the relevant field for at least one year on the date of commencement of the contract concluded with the Member.
Except in the case of services provided by local assistants pursuant to paragraph 1, point (b), where the cost of services exceeds a threshold of EUR 60 000 including VAT, the service provider shall be selected through a procurement procedure. That threshold shall apply on a cumulative basis in the event of contracts for similar services from the same provider. The procurement procedure shall involve a minimum of five completely independent candidates. A decision on the award of the contract may only be taken if at least three valid tenders have been submitted. The contract shall be awarded to the tenderer offering the best price-quality ratio.


6.   The services provided may not include the provision of staff, except in the case of temporary services by service providers who provide staff on a professional and regular basis and are authorised to do so under national law.
Services provided pursuant to paragraph 1, point (b), shall not be subcontracted. Services provided pursuant to paragraph 5 shall only be subcontracted for duly justified reasons, after the relevant service of Parliament has been informed, and, in any event, only in respect of a maximum of 20 % of the total value of the contract concerned.


7.   The Bureau shall adopt a list of expenses which may be defrayed for the purpose of parliamentary assistance (9).


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 Parliament, together with the name of the Member or Members they assist.
Assistants, trainees, service providers and paying agents and the Member concerned may, on duly justified grounds, such as the protection of their safety or because, although still active, the contract concerned has been suspended or ended, request in writing to the Secretary-General, that their name or corporate name not be published on the website of the Parliament. The Secretary-General shall decide whether to grant such a request. All parties concerned shall be informed of that decision.


9.   Regardless of their working time schedules, the number of assistants assigned to a Member at any given time may not exceed, in the case of accredited parliamentary assistants, four, and in the case of local assistants, ten. Exceptionally and for a maximum period of one month, the maximum number of accredited parliamentary assistants may be increased to five where this is necessary in order to facilitate the transition between the employment contracts of two assistants.
Accredited parliamentary assistants recruited to offset the duly justified absence of an accredited parliamentary assistant pursuant to Article 18(6) of the Implementing Measures for Title VII of the Conditions of Employment for Other Servants of the European Union (10) shall not count towards the maximum number laid down in the first subparagraph of this paragraph.


10.   When giving indications in relation to the grading of their accredited parliamentary assistants, Members should take into account their qualifications and experience, the tasks to be given to them, the possibility of career progression and the need to ensure sound financial management.


11.   At least 40 % of the amount provided for in Article 29(4) of these Implementing Measures 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 60 % of the amount provided for in Article 29(4) of these Implementing Measures.
Moreover, the expenses relating to the provision of services referred to in this Article may not exceed 20 % of the amount provided for in Article 29(4).
Those limits shall be calculated for each financial year by aggregating the monthly entitlements provided for in Article 29(4), and adding any unused balance carried over to the following financial year under Article 29(6), on a pro rata basis.


12.   Parliament shall defray expenses of natural persons hired by Members as local assistants or for providing specialised services for gross earnings or fees net of VAT up to monthly ceilings. Those ceilings shall be established by the Bureau in accordance with paragraph 13, and may be adapted by the Bureau annually. The applicable ceilings shall be published on the website of the Parliament.


13.   The ceilings shall correspond to three and a half 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 shall not 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 and limited to one sixth of the gross annual earnings of the assistant.
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.


14.   The gross earnings of a local assistant required principally to perform administrative support and secretarial duties, but also required to perform drafting and advisory duties shall not exceed 60 % of the monthly ceilings established by the Bureau in accordance with paragraph 13.
The gross earnings of a local assistant required principally to perform drafting and advisory duties, but also required to perform administrative support and secretarial duties shall not exceed 70 % of the monthly ceilings established by the Bureau in accordance with paragraph 13, unless the local assistant holds a diploma certifying successful completion of university studies of at least three years’ duration or has professional experience of an equivalent level.


15.   The Parliament shall defray the travel expenses actually incurred by local assistants in undertaking, at the request of the Member, occasional duty travel in relation with the performance of their duties. Duty travel related to plenary sessions of Parliament shall be considered occasional.
Such expenses shall be defrayed on presentation of the supporting documents.
The most economical and efficient forms of transport and accommodation shall be selected, subject to their availability and accessibility at the time. Travel by air or train shall be economy class or second class respectively. Accommodation shall be in standard rooms. Taxis shall be used exceptionally and for short distances only, where no public transport is available.
The defrayal shall be limited to the minimum provided for by the applicable national law and, in the case of accommodation expenses, up to the ceilings applicable to officials and other servants of Parliament.



Article 31

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 harassing an accredited parliamentary assistant psychologically or sexually, 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.


Article 32

Paying agents


1.   All 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 carry out a professional activity dealing with the tax- and social security-related aspects of employment contracts or service contracts under national law.
The natural or legal person providing paying agent services shall not be in one of the exclusion situations referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 (11) (‘the Financial Regulation’).
Paying agents shall make use of a professional computerised pay-roll system.


3.   A Member shall conclude an individual contract with a paying agent of his or her choice who fulfils the conditions referred to in paragraph 2.
Expenses incurred in using paying agent services in accordance with paragraph 1 of this Article 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(11), second subparagraph in respect of services.
Paying agents’ fees, net of VAT, may not exceed 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 competent authorising officer.
Any new version of the standard contract shall be mandatory after it has been communicated to Members. It shall not have any retroactive effects for existing contracts.
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.



Article 33

Arrangements for managing contracts with personal staff


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


2.   The fees of paying agents 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 34(2), Article 35(1), point (a), Article 38, Article 39(1), point (a), and Article 40.


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.   In the context of an employment contract or a traineeship agreement, Parliament shall pay advances to the paying agent in relation to expenses incurred in respect of remuneration, social security contributions and taxes.
The regularisation of such advances shall be the responsibility of Members and their paying agents and shall be carried out in accordance with these Implementing Measures and applicable national law.



Article 34

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 service of Parliament by the Member or by his or her paying agent, and shall be countersigned by all the Members concerned and by the paying agent. They shall be accompanied by the supporting documents referred to in Article 35 in respect of employment contracts and those referred to in Article 39 in respect of service contracts.


2.   Members shall immediately inform their paying agents and the relevant service of Parliament of any change in their contractual relations and the instructions concerning payments, indicating the changes made to the contract.
Paying agents shall immediately, and without waiting for the regularisation of accounts, forward such information and the corresponding supporting documents to the relevant service of Parliament.



Article 35

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 list of all of the following outside activities, whether paid or unpaid, in which the local assistant is involved: professional activities, political office, post-secondary studies, professional development courses longer than one month, traineeships and activities for a political party, foundation, movement or parliamentary political group; that list must be accompanied by:






(i)


a declaration by the assistant confirming that, throughout the duration of his or her contract, he or she will not engage, directly or indirectly, in any activities, even those not entitling him or her to any remuneration, 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; and










(ii)


a declaration by the Member certifying that he or she has taken note of the list of the assistant’s outside activities and confirming that they do not interfere with the performance by the assistant of his or her duties in that capacity nor give rise to a conflict of interests.










Article 36

Regularisation of accounts


1.   For each of the local assistants employed and for each of the trainees based in the Member State of election, paying agents shall forward to the relevant service of Parliament, at the latest by 31 March of the year following the 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 advance payments made. They shall, in addition, provide evidence that the local assistants in question are enrolled in a social security scheme, indicating the Member as the employer, a certificate of insurance against work-related accidents where the applicable national law requires such insurance, and an annual income statement. They shall also certify that all the obligations arising from applicable national law have been met and, at the request of the relevant service of Parliament, submit all payslips issued for the reporting period, as well as the proof of payment of salary, social contributions and taxes.
In the event of termination of the contract between the paying agent and the Member and at the end of the Member’s mandate, those obligations shall be fulfilled within three months at the latest.
The statements referred to in the first subparagraph shall be drawn up in accordance with Parliament’s specifications.


2.   In the absence of submission of the statements referred to in paragraph 1 within the prescribed deadline, all of the corresponding payments shall be considered to be not regular. Following verification of the statements referred to in paragraph 1 or in the absence thereof, notification shall be forwarded by the relevant service of Parliament 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.
Where the notification referred to in the first subparagraph of this paragraph establishes that the payments are not regular, the documents required for their regularisation shall be submitted to the relevant service of Parliament within one month following the date of notification. Where those documents are not submitted within that period, Parliament shall apply Article 71 or, Article 72, or both as appropriate.



Article 37

Obligations regarding contracts of local assistants


1.   Paying agents shall, for the period laid down by the applicable national law, and for at least five years from the end of the parliamentary term concerned, keep a pay statement record book itemising sums paid by way of remuneration and, where applicable, tax and employers’ and employees’ social security contributions.
Without prejudice to the first subparagraph, upon termination of the paying agent’s contract a certified true copy of all payroll documents shall be forwarded immediately to the Member as well as any qualified professional of his or her choice.


2.   Assistants shall abstain from any actions that 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 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 service of Parliament of any changes in the conditions of employment affecting parliamentary assistance expenses and of any plans by assistants to engage in outside activities other than those already declared pursuant to Article 35, point (g), 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 by taking the appropriate arrangements, which may include adapting the working time of the assistant or the assistant taking annual leave or unpaid leave. The relevant service of Parliament 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. 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 conditions laid down in paragraphs 2 and 4.


6.   The expenses incurred in connection with employment contracts entered into with local assistants may be defrayed provided that the minimum working hours are 5 hours per week and the overall working hours, including time spent on outside activities, do not exceed 48 hours per week. For the purposes of this paragraph, the unpaid activities referred to in Article 35 shall only be considered if, in the case in question, such activities are usually remunerated.



Article 38

Employment contract termination expenses


1.   Expenses incurred when the employment contracts concluded by Members with their local assistants are terminated may be defrayed provided that:






(a)


they arise from compliance with applicable national labour law, including collective agreements; and










(b)


Members have complied with legal obligations relating to the termination of the employment contracts concluded with their local assistants, including notice of dismissal, in good time before the end of their term of office, except in cases where the end of the term of office cannot be foreseen in advance.






2.   The expenses referred to in paragraph 1 of this Article may be defrayed up to the statutory minimum and within the limits of Article 29(4).


3.   Additional expenses that are the result of a specific agreement between the parties over and above statutory or collectively agreed obligations may only be defrayed, within the limits of Article 29(4), up to an amount which corresponds to that of the basic average gross monthly salary of the local assistant during the last year of employment.


4.   Paragraph 3 shall not apply if:






(a)


the local assistant concerned has worked for the Member for less than twelve months;










(b)


the assistant concerned is re-hired as an assistant to a Member or a grouping of Members within two months from the end date of his or her contract.






5.   Where Members are legally required under applicable national labour law to pay to an assistant, in respect of termination expenses, an amount which is more than three times that of his or her average gross monthly salary, such expenses may be defrayed on submission of duly established supporting documents which must be certified by the competent national authorities.



Article 39

Documents to be submitted in connection with a service contract


1.   With the exception of specialised services the cost of which does not exceed EUR 500 including VAT, an application for defrayal of expenses for service contracts shall contain:






(a)


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










(b)


except in the case of service contracts concluded with local assistants, where services exceed a threshold of EUR 60 000 including VAT, the procurement documents, including:






—


the notice containing a description of the needs and requirements, the award criteria and an indicative timeframe,










—


the invitations sent to the tenderers or any other advertising measure taken,










—


the offers received, as well as










—


the justification for the selected tender;














(c)


in the case of service providers that are legal persons, a copy of their entry in the commercial register or an equivalent document showing the place and date of incorporation, together with the articles of incorporation, or in the case of service providers that are natural persons, a document showing their place of establishment, the documents listed under Article 35, points (d) to (f), as well as, except in the case of contracts for specialised services, under point (g) thereof;










(d)


in the case of service providers that are legal persons, a list of the natural persons involved in the provision of services by the legal person, together with information on their educational and professional qualifications, and experience relevant to the provision of the services concerned, as well as a declaration confirming the absence of a conflict of interests as defined in Article 66(2) and that none of those persons is an assistant within the meaning of Article 30 or in any of the categories mentioned in Article 41, point (d);










(e)


a declaration, countersigned by the Member, confirming that the services will only be subcontracted for duly justified reasons, after the relevant service of Parliament has been informed, and in any event, only in respect of a maximum of 20 % of the total value of the contract, or, in the case of service providers that are local assistants, a declaration countersigned by the Member, confirming that the services will not be subcontracted.






2.   The cost of services provided shall be defrayed on submission to the relevant service of Parliament 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. At the request of the relevant service of Parliament, the Member shall also submit the main supporting documents.
Where services are partially or totally exempt from VAT, the relevant service of Parliament may require the paying agent to confirm the legal basis for that exemption.



Article 40

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 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 service of Parliament applications for defrayal of such expenses, duly countersigned by the Member.


Article 41

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 that 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 66(2);










(e)


to cover expenses in relation to contracts concluded with natural persons recruited as accredited parliamentary assistants but who do not reside in their place of employment in accordance with Article 20 of the Staff Regulations in order to provide direct assistance to Members in the premises of the European Parliament at one of its three places of work.








CHAPTER 6




Provision of equipment and facilities




Article 42

Access to internal services and the provision of equipment and facilities


1.   The Bureau shall adopt the rules governing Members’ access to internal services provided by the Parliament 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 Parliament’s 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 in 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 Parliament’s 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.





CHAPTER 7




General expenditure allowance




Article 43

Entitlement to a general expenditure 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 general expenditure 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 general expenditure allowance.



Article 44

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 4 950.


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 45

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 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 a mission authorised by the President, the Bureau or the Conference of Presidents. 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 who is expecting a child shall be excused attendance at official meetings of Parliament for a period of three months preceding the birth of that child. The Member must submit a medical certificate indicating the probable date of confinement. After the 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 46

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 47

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 into 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 of this Article, 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 the website of the Parliament in accordance with Rule 11 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 that it considers to be necessary in order to facilitate the implementation of Members’ decisions with regard to paragraph 3.





TITLE II


END OF THE PARLIAMENTARY MANDATE




CHAPTER 1




Transitional allowance




Article 48

Entitlement to the transitional allowance

With effect from the first day of the month following the cessation of their duties, former Members shall be entitled to a transitional allowance as referred to in Article 13 of the Statute.


Article 49

Conditions


1.   Where former Members who are entitled to the transitional allowance 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.


4.   For the purposes of this Article, ‘public office’ shall mean any of the following:






(a)


a paid elected post involving the exercise of the prerogatives of public authority;










(b)


membership of a national or regional government;










(c)


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







Article 50

Offsetting of payments


1.   Where a former Member is simultaneously entitled to the transitional allowance referred to in Article 13 of the Statute and to an old-age pension referred to in Article 14 of the Statute or to a pension referred to in Article 15 of the Statute, the former Member shall receive whichever of the two payments he or she opts to receive. He or she shall notify the Secretary-General of his or her decision no later than three months after the end of his or her mandate. That decision shall be irrevocable.


2.   If the former Member opts for payment of the transitional allowance, the payment of his or her old-age pension or invalidity pension shall be suspended for the period of his or her entitlement to the transitional allowance.



Article 51

Procedure


1.   In order to be able to receive the transitional allowance, the former Member shall apply for it within 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 49 of these Implementing Measures. After that period, the date on which enjoyment of the transitional allowance takes effect shall be the first day of the month in which the application was received by the relevant services of Parliament. The period of entitlement to the transitional allowance shall be determined in accordance with Article 13(2) of the Statute.


2.   The written statement referred to in paragraph 1 of this Article shall be accompanied, if applicable, by the Member’s decision referred to in Article 50(1).


3.   Any change in the conditions which gave rise to the award of the transitional allowance which could result in a change to a former Member’s entitlement to that allowance shall be notified to the relevant service of the Parliament without delay. Where there is any doubt, the Secretary-General may ask the former Member concerned to submit observations.


4.   If, on the basis of facts verifiable from sources available to the public, it comes to the knowledge of the Secretary-General that the former Member is performing any of the duties referred to in Article 49, he shall suspend payment of the transitional allowance and inform the former Member concerned accordingly.


5.   A former Member may renounce his or her entitlement to the transitional allowance at any time. He or she shall notify the Secretary-General of that decision.





CHAPTER 2




Old-age pension




Article 52

Entitlement to an old-age pension


1.   After the cessation of their term of office, Members who have exercised their mandate for at least one complete year shall be entitled, for life, to an old-age pension payable from the first day of the month following that in which they reach the age of 63, as referred to in Article 14 of the Statute.
Former Members or their legal representatives shall, except in cases of force majeure, submit their application for payment of the old-age pension within six months of the commencement of entitlement. After that deadline the date on which enjoyment of the old-age pension takes effect shall be the first day of the month in which the application is received.


2.   Payment of the old-age pension shall be suspended in the case of any pension claimant who is re-elected to Parliament. Old-age pension entitlements which he or she acquires as a result of his or her new mandate shall be added to the old-age pension entitlements acquired before his or her re-election. Payment of the old-age pension shall resume when the Member relinquishes his or her mandate in Parliament.


3.   When a Member’s mandates are separated by an intervening period, the periods of all the mandates shall be added together for the purpose of calculating the old-age pension.



Article 53

Prohibition of concurrent receipt of pensions


1.   An old-age pension which a former Member receives by virtue of a mandate which he or she exercised in another parliament simultaneously with his or her mandate in the European Parliament shall be offset against the old-age pension pursuant to Article 14 of the Statute.


2.   For the purposes of this Article, ‘another parliament’ shall mean a parliament as defined in Article 2(2).


3.   The calculation shall be based on the total of the two pensions before the deduction of tax.


4.   Any former Member who has exercised a mandate in another parliament simultaneously with the mandate in Parliament shall declare the old-age pension to which he or she is entitled by virtue of the mandate in that other parliament.



Article 54

Expiry of old-age pension entitlements

On the death of a former Member, the old-age pension shall be paid up until the last day of the month in which the death occurred.




CHAPTER 3




Invalidity pension




Article 55

Entitlement to an invalidity pension


1.   A Member who is recognised, in accordance with the procedure laid down in Article 59, as suffering from total invalidity preventing him or her from performing his or her duties for the remainder of that term and who therefore resigns shall be entitled to an invalidity pension payable from the date on which that resignation takes effect, without prejudice to paragraph 3 of this Article.


2.   The entitlement to an invalidity pension shall lapse if the Member fails to notify his or her resignation within three months of the date on which the decision establishing his or her invalidity was officially communicated to him or her.


3.   The Member’s entitlement to an invalidity pension shall begin at the end of the parliamentary term during which the invalidity arose where:






(a)


the Member’s invalidity prevents him or her from resigning, or










(b)


the decision establishing a Member’s invalidity has been adopted after the end of the parliamentary term during which the invalidity arose, or










(c)


the parliamentary term ends before the end of the period referred to in paragraph 2.







Article 56

Calculation of invalidity pensions


1.   The amount of the invalidity pension shall be 3,5 % of the salary referred to in Article 10 of the Statute for each complete year in which the mandate was exercised and, for each additional complete month, one-twelfth of that sum, but shall be at least 35 % of that salary, while not exceeding a total of 70 %.


2.   The rules on the calculation of the old-age pension shall apply mutatis mutandis to the calculation of the invalidity pension.



Article 57

Prohibition of concurrent receipt of pensions


1.   An invalidity pension which a former Member receives by virtue of a mandate which he or she exercised in another parliament simultaneously with the mandate in Parliament shall be offset against the invalidity pension pursuant to Article 55.


2.   For the purposes of this Article, ‘another parliament’ shall mean a parliament as defined in Article 2(2).


3.   Any former Member who has exercised a mandate in another parliament simultaneously with the mandate in Parliament shall declare the invalidity pension to which he or she is entitled by virtue of the mandate in that other parliament.



Article 58

Offsetting of payments

If a former Member is simultaneously entitled to an invalidity pension and to an old-age pension, he or she shall receive the old-age pension. However, the amount of the old-age pension may not be less than that of the invalidity pension.


Article 59

Procedure


1.   The Member or his or her legal representative shall submit the application for retirement on grounds of invalidity to the President of Parliament, accompanied by a medical certificate, indicating the name of the doctor who has been instructed to represent him or her in the invalidity committee referred to in Article 60.


2.   Within three months of being convened by the Secretary-General, the invalidity committee referred to in Article 60 shall submit, in accordance with the terms of reference issued by Parliament, a medical report stating reasons and assessing whether the conditions governing eligibility for an invalidity pension laid down in Article 55(1) have been met. In exceptional cases, this time-limit may be extended by the Secretary-General.


3.   If the medical report concludes that the Member concerned qualifies for retirement on grounds of invalidity, the President of Parliament shall confirm the entitlement of the Member to the invalidity pension and shall inform him or her of the decision, asking him or her to resign. If the medical report concludes that the Member concerned does not qualify for retirement on grounds of invalidity, the President shall inform the Member of the appeal procedures available.



Article 60

Invalidity committee


1.   The invalidity committee shall consist of three doctors:






—


the first appointed by the Member concerned,










—


the second appointed by Parliament, and










—


the third appointed by agreement between the first two doctors.




In the event of failure to agree on the appointment of the third doctor within two months of the appointment of the second doctor, the third doctor shall be appointed ex officio by the President of the Court of Justice of the European Union at Parliament’s request.


2.   The expenses arising from the work of the invalidity committee, including travel expenses, shall be borne by Parliament.


3.   The Member may submit to the invalidity committee all reports or certificates issued by the doctor treating him or her or by those practitioners whom he or she has seen fit to consult.


4.   The proceedings of the invalidity committee shall be secret.



Article 61

Review of invalidity


1.   Former Members who no longer meet the eligibility conditions for an invalidity pension laid down in Article 55(1) shall forfeit their entitlement to that pension.


2.   Until the former Member reaches the age of 63, Parliament may require him or her to undergo an examination every five years by a doctor appointed to check whether he or she still meets the conditions governing eligibility for an invalidity pension laid down in Article 55(1).


3.   That examination may also be conducted before the time indicated in paragraph 2, particularly if Parliament has received information that the former Member is performing duties in return for payment. If the occasion arises, this situation shall be assessed on the basis of facts verifiable from sources available to the public, in the light of the circumstances of each case and after an investigation in which each side has the opportunity to submit its case and reply to the case of the other side.


4.   At the proposal of the doctor conducting the examination, the invalidity committee may establish that the state of health of the former Member has so improved that he or she no longer meets the eligibility conditions for an invalidity pension laid down in Article 55(1).


5.   The decision to terminate the invalidity pension shall be taken by the President of Parliament, on the basis of the conclusions of the invalidity committee. Articles 59 and 60 shall apply mutatis mutandis. If the former Member fails to appoint a doctor to represent him or her in the invalidity committee, Article 60(1), second subparagraph, shall apply.





CHAPTER 4




Survivor’s pension and orphan’s pension




Article 62

Entitlement to a survivor’s pension or orphan’s pension


1.   The surviving spouse and any dependent children of a Member or former Member who, at the time of his or her death, was receiving or would in future have been entitled to receive an old-age or invalidity pension, shall be entitled to a survivor’s pension and orphans’ pensions respectively.


2.   For the purpose of the application of the provisions of this Chapter, stable non-marital partners shall be treated in the same way as spouses, on condition that the couple produce an official document issued by a competent authority of a Member State acknowledging their status as non-marital partners.


3.   The term ‘dependent child’ means the legitimate, natural or adopted child of a Member or former Member, or of a Member’s or former Member’s spouse, who was actually being maintained by the Member or former Member. The term ‘dependent child’ also means an unborn child or a child in respect of whom the Member or former Member has started an adoption procedure and whose adoption is completed after his or her death.



Article 63

Calculation of the survivor’s pension and orphan’s pension


1.   The maximum amount of the survivor’s pension and the orphan’s pension may not exceed the amount of the old-age pension to which the Member would have been entitled at the end of the parliamentary term, taking into account the period which passes between the date of death and the date of the end of that parliamentary term.


2.   In the case of former Members, the maximum amount of the survivor’s pension and the orphan’s pension may not exceed the amount of the old-age pension which the Member was receiving or to which he or she would have been entitled.


3.   The amount of the survivor’s pension for the surviving spouse shall be 60 % of the amount referred to in paragraph 1 or 2 of this Article and, as a minimum, 30 % of the salary referred to in Article 10 of the Statute, even if the latter amount exceeds the amounts referred to in paragraphs 1 and 2 of this Article.
The entitlement to a survivor’s pension for the surviving spouse shall not be affected by the remarriage of that spouse. A surviving spouse shall not be entitled to a survivor’s pension if the circumstances of an individual case indicate beyond reasonable doubt that the marriage was contracted for the sole purpose of obtaining the pension. If the occasion arises, that situation shall be assessed on the basis of facts verifiable from sources available to the public, in the light of the circumstances of each case and after an investigation in which each side has the opportunity to submit its case and reply to the case of the other side.


4.   The amount of the orphan’s pension for a dependent child shall be 20 % of the amount referred to in paragraph 1 or 2.


5.   By derogation from paragraph 4, where the number of dependent children exceeds two, the pension for each dependent child shall be determined by dividing the sum corresponding to 40 % of the maximum amount referred to in paragraph 1 or 2, as applicable, by the number of dependent children.


6.   Where applicable, the maximum amount of the pension to be paid shall be shared between the spouse and the dependent children in accordance with the percentages laid down in paragraphs 3, 4 and 5.


7.   By derogation from paragraphs 4 and 5, where there is no surviving spouse, the pension for each dependent child shall be equal to 20 % of the maximum amount referred to in paragraph 1 or 2, as applicable. However, in cases where the number of dependent children exceeds five, the maximum amount referred to in paragraph 1 or 2, as applicable, shall be shared equally among the dependent children entitled to an orphan’s pension.



Article 64

Duration of the survivor’s pension and orphan’s pension


1.   A survivor’s or orphan’s pension shall be awarded with effect from the first day of the calendar month following the date of death of the Member or former Member.


2.   In the event of the death of the beneficiary, the entitlement to a survivor’s pension shall expire at the end of the month in which the beneficiary dies.


3.   The entitlement to an orphan’s pension shall expire at the end of the month in which the dependent child reaches the age of 21.
However, entitlement to an orphan’s pension shall be extended for the duration of the dependent child’s education or vocational training and, at the maximum, until the end of the month in which he or she reaches the age of 25.
An orphan’s pension shall continue to be paid to a dependent child who is unable to support himself or herself on account of sickness or infirmity. The sickness or infirmity must be recognised by Parliament’s doctor. The beneficiary may contest the doctor’s decision by requesting a meeting of a committee constituted in accordance with the rules laid down for the invalidity committee referred to in Annex II, section 3, to the Staff Regulations.
This entitlement shall expire if the dependent child becomes able to support himself or herself again. Parliament may require the dependent child to undergo an examination every five years by a doctor appointed to check whether he or she still meets the conditions governing eligibility for an orphan’s pension.


4.   Surviving spouses and dependent children entitled to a pension shall submit their application for payment of the pension within six months of the commencement of their entitlement to the pension. After that period, the date on which enjoyment of the pension takes effect shall be the first day of the month in which the application was received by the relevant service of Parliament.





TITLE III


GENERAL AND FINAL PROVISIONS




CHAPTER 1




Payment arrangements




Article 65

Compliance with the Financial Regulation


1.   The implementation of these Implementing Measures and any application for payment submitted thereunder shall comply with the Financial Regulation.


2.   Where these Implementing Measures provide for the conclusion of contracts between Parliament and third parties, the competent authorising officer shall have the power to sign them.



Article 66

Principle of the use of funds


1.   The sums paid pursuant to Title I, Chapters 4, 5 and 6, shall be used exclusively to fund activities linked to the exercise of a Member’s mandate and shall not be used to cover personal expenses or to fund grants or donations of a political nature.


2.   In the context of the use of the funds made available under these Implementing Measures, Members shall not take any action which may bring their own interests into conflict with the interests of the Union.
A conflict of interests exists where the actions of a Member are influenced by family, emotional life, economic interests or any other direct or indirect personal interests.


3.   Members shall pay back any unused amounts to Parliament except where they are defrayed in the form of a lump sum.



Article 67

Bank transfer, currencies and conversion rate


1.   Payments under these Implementing Measures shall be made by bank transfer in accordance with Directive (EU) 2015/2366 of the European Parliament and of the Council (12). Parliament shall bear the charges payable by the payer. Any other charges shall be payable by the payee.


2.   Payments shall be made in euro, unless the recipient was elected, or has his or her place of residence, in a Member State the currency of which is not the euro and requests full or part payment in the currency of that Member State.


3.   Conversions between the euro and other currencies shall be carried out using the monthly accounting rate of the euro fixed in accordance with Article 19(3) of the Financial Regulation.


4.   In respect of payments of parliamentary assistance expenses, by way of derogation from paragraph 3, conversions between the euro and other currencies shall be carried out using the monthly accounting rate for the euro for the December of the preceding year. However, over the course of a parliamentary term, the maximum monthly amount of the defrayal to a Member denominated in a currency other than the euro may not, after taking into account annual index-linking and any increases decided on by the Bureau, be lower than the maximum monthly amount fixed for the previous year.



Article 68

Bank accounts


1.   On taking up his or her duties, each Member shall forward to the relevant service of Parliament details (e.g. the IBAN number and the BIC (SWIFT) code and address of the bank concerned) of one or more accounts held in his or her name in a Member State of the Union intended to receive payments in respect of the salary provided for in Article 10 of the Statute, the other allowances and the reimbursement of other expenses.
Unless the Member or former Member or his or her legal successors issue instructions to the contrary, the account opened to receive the salary provided for in Article 10 of the Statute shall also be used to receive payments in respect of the transitional allowance and pensions.


2.   Any payment to a person other than the Member shall be conditional upon prior submission of a document issued by the beneficiary’s bank confirming that he or she is the holder of the account into which payment is to be made and setting out the IBAN number of the account and the BIC (SWIFT) code and address of the bank.


3.   As regards payments in connection with parliamentary assistance, the Member shall forward details of the personal staff member’s bank account to the paying agent or, as the case may be, to the relevant service of Parliament. The personal staff member’s bank account shall be opened in a Member State of the Union. The payments shall be denominated in the currency in which the personal staff member’s salary or fees are fixed.
The paying agent shall forward details of his or her bank account to the relevant service of Parliament.



Article 69

Payments


1.   The salary provided for in Article 10 of the Statute, the transitional allowance and any pensions shall be paid on the 15th day of the month, for the current month. The general expenditure allowance shall be paid on the first day of the month for the current month.


2.   Payments made to the paying agent in respect of parliamentary assistance expenses shall be made on the 15th day of the month for the current month.
Those payments shall reflect the instructions given by Members up to the 25th day of the preceding month.


3.   Other expenses shall be reimbursed on submission of the documents required by these Implementing Measures.
At the request of the relevant service of Parliament, pension beneficiaries shall submit proof of life, in the form of a certificate drawn up by a medical doctor or a competent public authority.


4.   The deadlines for submitting the documents required by these Implementing Measures shall be as follows:






(a)


in respect of travel and subsistence expenses and allowances: at the latest by 31 July of the calendar year following that in which the journey concerned started;










(b)


in respect of parliamentary assistance expenses and other expenses: before the closing date laid down by the applicable provisions and at the latest by 7 December of the budgetary year for which defrayal is being requested.






5.   The Secretary-General may make specific arrangements concerning advance payments in respect of ordinary travel expenses and subsistence expenses.





CHAPTER 2




Regularisation and recovery




Article 70

Alternative supporting documents

In the event of loss of the requisite supporting documents, a Member must submit a declaration of loss accompanied by alternative supporting documents consistent with the requirements laid down in these Implementing Measures.


Article 71

Termination of payments made by Parliament


1.   If a Member, former Member, one of their legal successors or paying agents fails to comply with these Implementing Measures or the PEAM Rules, the competent authorising officer may terminate, in whole or in part, the payments concerned.


2.   The competent authorising officer shall first notify the person concerned, in writing, about the intention to terminate the payments in question and give him or her the possibility to submit observations, in writing, together with any supporting evidence. A copy of such notice shall be forwarded, where appropriate, to any third party concerned.


3.   If the person concerned fails to provide sufficient evidence of his or her compliance with these Implementing Measures or the PEAM Rules, the competent authorising officer shall adopt a decision on the termination of the corresponding payments. Any such decision shall be without prejudice to Article 72 of these Implementing Measures.



Article 72

Recovery of amounts unduly paid by Parliament


1.   Any amount unduly paid pursuant to these Implementing Measures or the PEAM Rules shall be recovered from the Member or former Member concerned or his or her legal successors. The recovery decision shall be adopted by the Secretary-General.


2.   Before adopting a recovery decision, the Secretary-General shall inform the person concerned, in writing, of the opening of the recovery procedure and give him or her the possibility to submit observations in writing, together with any supporting evidence.


3.   After adopting the recovery decision, the Secretary-General shall proceed to the recovery in accordance with the Financial Regulation. The recovery arrangements shall not prevent the Member from exercising his or her mandate effectively.


4.   The Secretary-General may delegate the competences granted to him or her by paragraphs 1, 2 and 3 to the competent Director-General.


5.   This Article shall also apply to third parties.





CHAPTER 3




Other general financial provisions




Article 73

Index-linking


1.   The amounts referred to in Article 3(5), Article 15(2), point (d), Article 20, Article 22(1) and (3), Article 24(2) and Article 44(2) may be index-linked annually by the Bureau up to a maximum increase equal to the annual inflation rate in the Union in October of the previous year, as published by Eurostat.


2.   Where appropriate, the amount referred to in Article 29(4) of these Implementing measures shall be index-linked annually by the Bureau on the basis of the joint index established by Eurostat, by agreement with the national statistical offices of the Member States, pursuant to Article 65 of the Staff Regulations. That index-linking may be backdated to the July of the year to which the index relates.



Article 74

Taxation

In accordance with the conditions laid down in Article 12 of the Statute, Regulation (EEC, Euratom, ECSC) No 260/68 of the Council (13) shall apply to Members and recipients of a pension pursuant to Articles 13, 14, 15 and 17 of the Statute.


Article 75

Attachment


1.   The salary provided for in Article 10 of the Statute, the transitional allowance, the old-age pension under these Implementing Measures or the retirement pension under Annex III of the PEAM Rules may be the subject of an attachment order, up to a maximum of one-third of the sum involved, on the basis of a decision by the courts or by the competent administrative authority.


2.   The Secretary-General shall issue instructions with a view to the implementation of such a measure. Those instructions shall take due account of the last available at-risk-of-poverty threshold determined by Eurostat, where applicable, for the State of permanent residence of the Member or former Member concerned and, where applicable, shall be consistent with the requirement that Members should be able to exercise their mandate effectively. Before any such instructions are issued, the Member concerned shall be heard.





CHAPTER 4




Final provisions




Article 76

Complaints


1.   A Member or former Member who takes the view that these Implementing Measures have not been correctly applied to him or her by the competent service may address a complaint to the Secretary-General.


2.   A Member or former Member who does not agree with the decision of the Secretary-General may lodge a complaint with the Quaestors, who shall take a decision after consulting the Secretary-General. The complaint shall be addressed to the Chair-in-Office of the Quaestors.


3.   If a party to the complaints procedure does not agree with the decision adopted by the Quaestors, he or she may lodge a complaint with the Bureau for final decision. Such complaint shall be based on the supporting documents submitted with the original complaint pursuant to paragraphs 1 and 2 and shall be addressed to the President.


4.   Any complaint lodged pursuant to paragraphs 1, 2 or 3 shall be reasoned and shall be submitted in writing, together with any supporting documents, within two months after the notification of the contested decision.


5.   Parliament shall ensure that complainants receive an acknowledgement of receipt for any complaints that they lodge.


6.   If, after lodging a complaint on the basis of paragraphs 1, 2 or 3 of this Article and before the competent appeal body has taken a decision, the Member challenges the decision that is the object of the complaint by an action for annulment on the basis of Article 263 TFEU, the complaint shall be declared devoid of purpose and the procedure shall be terminated.
A complaint on the basis of paragraphs 1, 2 or 3 of this Article shall be declared inadmissible if the Member submits it after lodging an action for annulment on the basis of Article 263 TFEU.


7.   This Article shall also apply to legal successors of Members and former Members.



Article 77

Electronically scanned supporting documents


1.   Where these Implementing Measures refer to the submission of applications for reimbursement or defrayal of expenses, such applications may be submitted in electronic form with a digital signature.


2.   Where these Implementing Measures require the submission of supporting documents, such documents may be submitted in the form of scanned copies, provided that the Member declares on his or her honour that the scanned copies of supporting documents submitted match the originals thereof.


3.   In order to enable checks to be carried out to match scanned copies of supporting documents with the originals thereof, Members shall keep the originals until 31 December of the calendar year following that in which the application for reimbursement or defrayal was submitted.
The relevant service of Parliament shall implement a system of spot checks to ensure that scanned copies of supporting documents match the originals thereof.



Article 78

Calculation of time-limits

For the purposes of calculating the periods provided for in these Implementing Measures, Articles 2 and 3 of Council Regulation (EEC, Euratom) No 1182/71 (14) shall apply.


Article 79

Notifications


1.   Notifications by Parliament’s services under these Implementing Measures and the PEAM Rules may be made by any available means that ensure the effectiveness of the transmission, including by e-mail or any other electronic means. For Members, notifications by e-mail are deemed to have been validly carried out upon reception of a read receipt or, at the latest, five working days after reception of the delivery receipt of the e-mail to their official Parliament e-mail address.


2.   For the purpose of notifications, Members shall inform Parliament of their e-mail address and of their address of permanent residence at the end of their mandate and thereafter each time there is a change thereof within one month. The same applies to legal successors of Members and former Members, who shall inform Parliament of their e-mail addresses and of their addresses of permanent residence at the moment of succession and thereafter each time there is a change thereof within one month.


3.   For the purposes of Article 98(2), second subparagraph, of the Financial Regulation, any delay by Parliament in sending a debit note to a debtor shall be deemed to have been caused by the debtor’s conduct if that debtor was subject to, and failed to comply with, paragraph 2 of this Article.



Article 80

Entry into force

These Implementing Measures shall enter into force on the first day of the part-session following the elections to the European Parliament due to be held in 2024.


Article 81

Repeal

The Bureau Decision of 19 May and 9 July 2008 on the Implementing Measures for the Statute of Members of the European Parliament is hereby repealed, with effect from the first day of the part-session following the elections to the European Parliament due to be held in 2024. The PEAM Rules ceased to be valid on the date on which the Statute entered into force, but they continue to apply for the purposes of the transitional provisions laid down in Title IV of these implementing measures.




TITLE IV


TRANSITIONAL PROVISIONS



Article 82

Survivor’s pension, invalidity pension and old-age pension


1.   The survivor’s pension, the invalidity pension, the additional invalidity pension granted for dependent children and the old-age pension paid pursuant to Annexes I, II and III to the PEAM Rules shall continue to be paid pursuant to those Annexes to those persons who were in receipt of the benefits in question before 14 July 2009.
Where a former Member in receipt of the invalidity pension dies after 14 July 2009, the survivor’s pension shall be paid to his or her spouse, stable non-marital partner or dependent children, subject to the conditions laid down in Annex I to the PEAM Rules.


2.   The old-age pension rights acquired before 14 July 2009 pursuant to Annex III to the PEAM Rules shall be maintained. Persons who have acquired rights under that pension scheme shall receive a pension calculated on the basis of their acquired rights pursuant to that Annex as soon as they have met the relevant conditions laid down by the national law of the Member State concerned and submitted the application referred to in Article 3(2) of that Annex.



Article 83

Additional pension


1.   An additional pension which becomes payable from 1 July 2023 to former Members or other beneficiaries pursuant to Articles 1, 3 and 4 of Annex VII to the PEAM Rules shall be paid subject to the following conditions and derogations:






(a)


the amount of the pension pursuant to Article 2(1) of Annex VII to the PEAM Rules and the amounts of the maximum and minimum pensions in accordance with Article 2(2) of that Annex shall be reduced by 50 %;










(b)


the basic salary of a Judge at the Court of Justice of the European Union within the meaning of Article 2(1) and (2) of Annex VII to the PEAM Rules shall be the basic salary on 30 June 2023 and shall not be updated after that date;










(c)


the pension pursuant to Article 1 of Annex VII to the PEAM Rules shall be payable from the first day of the calendar month following the date when the Member reaches the age of 67;










(d)


where a Member is under 67 years of age at the time of death, entitlement to the survivor’s and orphan’s pensions pursuant to Article 4(1) of Annex VII to the PEAM Rules shall be deferred until the first day of the calendar month following that in which the deceased Member would have reached the age of 67.






2.   For pensions which became payable to former Members or other beneficiaries pursuant to Articles 1, 3 and 4 of Annex VII to the PEAM Rules before 1 July 2023, the amounts due from that day on shall be reduced and adjusted as follows:






(a)


the amount of the pension pursuant to Article 2(1) of Annex VII to the PEAM Rules and the amounts of the maximum and minimum pensions in accordance with Article 2(2) of that Annex shall be reduced by 50 %;










(b)


the basic salary of a Judge at the Court of Justice of the European Union within the meaning of Article 2(1) and (2) of Annex VII to the PEAM Rules shall be the basic salary on 30 June 2023 and shall not be updated after that date.






3.   If, due to the application of paragraph 1, points (a) and/or (b), or paragraph 2, points (a) and/or (b), the former Member or other beneficiary would have to live below or further below the last available at-risk-of-poverty threshold for the State of his or her permanent residence he or she may submit an application for an increase of pension to the Quaestors. That threshold shall be the one determined by Eurostat, if applicable. That application shall be accompanied by all relevant information and supporting documents to allow Parliament to assess the former Member’s or other beneficiary’s other revenues and his or her financial situation, such as a certificate issued by a competent national authority attesting to his or her other revenues and financial situation.
Taking into account the other revenues and financial situation of the former Member or other beneficiary, the Quaestors may grant an increase in the pension so that it reaches the at-risk-of poverty threshold. However, the amount of the pension after such increase shall not be higher than the pension that would have been provided pursuant to Articles 1 to 4 of Annex VII to the PEAM Rules, as applicable on 30 June 2023.
Where the Quaestors grant an increase in the pension, the former Member or other beneficiary concerned shall submit, on a yearly basis, an update of the supporting documents referred to in the first subparagraph to the relevant service of Parliament, for the purpose of assessing compliance over time with the conditions for granting the increase. Where the yearly assessment by the relevant service of Parliament results in a need to repeal the initial decision or to increase the pension as compared to the one that was initially granted, the relevant service of Parliament shall submit a proposal to that end to the Quaestors for their decision. All other adjustments to the increase that was initially granted shall be decided by the relevant service of Parliament.
If the former Member or other beneficiary does not agree with a decision adopted by the Quaestors under the second or third subparagraph of this paragraph, he or she may, within two months after notification of that decision, request that the matter be referred to the Bureau, in accordance with Article 76(3).


4.   Any additional pension pursuant to Articles 1 and 2 of Annex VII to the PEAM Rules, which has not yet become payable on 1 January 2019, shall be subject to a special levy amounting to 5 % of the nominal amount of the pension. The levy shall be directly payable to the Additional (Voluntary) Pension Fund.


5.   The additional (voluntary) pension for other beneficiaries pursuant to Articles 3 and 4 of Annex VII to the PEAM Rules which on 1 January 2019 has not yet become payable shall be subject to a special levy amounting to 5 % of the nominal amount of the pension. The levy shall be directly payable to the Additional (Voluntary) Pension Fund.


6.   The following Members elected in 2009 may continue to acquire new rights after the date of entry into force of the Statute, pursuant to Annex VII to the PEAM Rules:






(a)


Members who were Members during a previous parliamentary term, and










(b)


Members who have already acquired or were in the process of acquiring rights in the additional pension fund, and










(c)


Members in respect of whom the Member State of election has adopted a derogation pursuant to Article 29 of the Statute, or who, pursuant to Article 25 of the Statute, have themselves opted for a national scheme, and










(d)


Members who are not entitled to a national or European pension deriving from the exercise of their mandate as Members of the European Parliament.






7.   Members must pay their contributions to the Additional (Voluntary) Pension Fund from their own income.


8.   Without prejudice to Article 1(6) of Annex VII to the PEAM Rules, during a period of six months from 1 July 2023, a Member or former Member, who has joined the Additional (Voluntary) Pension Scheme within the meaning of Annex VII to the PEAM Rules may lodge an application to withdraw from the Additional (Voluntary) Pension Scheme and to receive the additional pension in the form of a one-off lump sum final payment. That application shall be signed by the Member or former Member and submitted by him or her to the Secretary-General. Once an application is countersigned by the Secretary-General, it shall become binding and irrevocable. The Secretary-General may delegate the power to countersign to a representative of the relevant service of Parliament.
The amount of the one-off final payment by a lump sum shall be established by the relevant service of Parliament at the end of the month of reception of the application referred to under the first subparagraph. It shall be calculated as the sum of two amounts. The first amount shall correspond to the total of the contributions in nominal value brought by the Member or former Member concerned to the Additional (Voluntary) Pension Scheme, after the deduction of the pension payments already received by him or her, in nominal value. That deduction shall not exceed the total amount of the contributions brought by him or her to the Additional (Voluntary) Pension Scheme. The second amount shall correspond to 20 % of the total of the contributions in nominal value brought by the Member or former Member concerned to the Additional (Voluntary) Pension Scheme. All amounts shall be paid in euro.
All acquired rights and/or future entitlements in the pension scheme of the Member, former Member or future other beneficiary concerned shall be settled definitively by the end of the month of reception of the application referred to in the first subparagraph of this paragraph. In particular, the entitlements laid down in Articles 1, 3 and 4 of Annex VII to the PEAM Rules shall no longer apply, and paragraph 3 of this Article shall not apply to the Member, former Member or future other beneficiary concerned.
The one-off final payment by a lump sum shall be paid at the latest three months after the application referred to under the first subparagraph was received by Parliament.



Article 84

Transitional allowance


1.   The transitional allowance granted pursuant to Annex V to the PEAM Rules shall continue to be paid, pursuant to that annex, to those persons who were in receipt of the allowance before the date of entry into force of the Statute.


2.   Members who definitively cease to exercise their parliamentary mandate at the end of the sixth parliamentary term shall be paid the transitional allowance provided for in the aforementioned Annex V.


3.   For those Members who receive the salary provided for in Article 10 of the Statute and whose term of office ends after the date of entry into force of the Statute, the period during which they exercised their mandate before that date shall be taken into account when calculating the amount of the transitional allowance granted pursuant to Article 13 of the Statute.


4.   However, the Members referred to in paragraph 3 may ask that the pro rata amount of the transitional allowance should be calculated, in respect of the part of their term of office which precedes the date of entry into force of the Statute, in accordance with the rules laid down in Annex V to the PEAM Rules. The period taken into account when calculating that pro rata amount shall be deducted from the maximum period laid down in Article 13(2) of the Statute.



Article 85

Members covered by Article 25 or Article 29 of the Statute


1.   Members re-elected in 2009 who have exercised the right conferred on them by Article 25 of the Statute shall be paid the salary, the transitional allowance, the old-age pension, the invalidity pension and the survivor’s pension in respect of the period after 14 July 2009 only in accordance with the conditions laid down by the law of their Member State of election, the cost to be debited solely to the budget of that Member State.
In addition, the Members referred to in the first subparagraph of this paragraph may ask Parliament to pay the transitional allowance for the part of their term which precedes 14 July 2009, in accordance with the rules laid down in Annex V to the PEAM Rules.


2.   Paragraph 1 shall also apply to Members in respect of whom their Member State of election has adopted a derogation pursuant to Article 29 of the Statute.


3.   By way of derogation from Article 7(2) of these Implementing Measures, in the case of Members in respect of whom their Member State of election has adopted a derogation pursuant to Article 29 of the Statute or who, pursuant to Article 25 of the Statute, have themselves opted for a national scheme, the one-third part of the insurance premium payable by Members shall be paid directly and individually from their personal account.


4.   By way of derogation from Article 3(1) of these Implementing Measures, former Members who are in receipt of a national pension pursuant to Article 25 or Article 29 of the Statute shall be entitled to reimbursement of two-thirds of their medical expenses, of pregnancy-related expenses or of expenses relating to the birth of a child in accordance with the conditions laid down in these Implementing Measures if they do not enjoy primary cover against the risk of illness.


5.   Former Members who are in receipt of a national pension pursuant to Article 25 or Article 29 of the Statute and who are suffering from a recognised serious illness shall be entitled to reimbursement of their medical expenses related to the continuation of an on-going treatment, in accordance with the conditions laid down in these Implementing Measures, provided that:






(a)


the serious illness was caused by an event which occurred during the mandate and prevented the Member from exercising the last part thereof;










(b)


the illness was recognised as a serious illness by Parliament during the Member’s mandate; and










(c)


the treatment of the illness was initiated during the Member’s mandate.




If the former Member enjoys a primary cover, that entitlement shall apply on a complementary basis (i.e. only for those costs which are not covered by the primary cover).






(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)  
            OJ C 159, 13.7.2009, p. 1.

(3)  
            OJ L 278, 8.10.1976, p. 5, ELI: http://data.europa.eu/eli/dec/1976/787(2)/oj.

(4)  Joint rules on sickness insurance for officials of the European Communities, drawn up by common agreement between the appointing authorities of the institutions, as referred to in Article 72 of the Staff Regulations of Officials of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68.

(5)  Commission Decision C(2007)3195 of 2 July 2007 laying down the general implementing provisions for the reimbursement of medical expenses.

(6)  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 Union (OJ L 56, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/oj).

(7)  Common rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease, drawn up by common agreement by the appointing authorities of the institutions, as provided for in Article 73(1) of the Staff Regulations.

(8)  See item 15 of the Minutes of the Bureau meeting of 4 May 2009 and Quaestors' notice 23/09.

(9)  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.

(10)  Bureau Decision of 14 April 2014.

(11)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1046/oj).

(12)  Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35, ELI: http://data.europa.eu/eli/dir/2015/2366/oj).

(13)  Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities (OJ L 56, 4.3.1968, p. 8, ELI: http://data.europa.eu/eli/reg/1968/260/oj).

(14)  Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1, ELI: http://data.europa.eu/eli/reg/1971/1182/oj).


ELI: http://data.europa.eu/eli/C/2024/2814/oj
ISSN 1977-091X (electronic edition)