European Parliament decision of 13 September 2023 on amendments to Parliament’s Rules of Procedure with a view to strengthening integrity, independence and accountability (2023/2095(REG))
Date: 2023-09-13
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: operation of the Institutions, parliamentary rules of procedure




C_202401770EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1770


22.3.2024






P9_TA(2023)0316
Amendments to Parliament’s Rules of Procedure with a view to strengthening integrity, independence and accountability
European Parliament decision of 13 September 2023 on amendments to Parliament’s Rules of Procedure with a view to strengthening integrity, independence and accountability (2023/2095(REG)) (*1)

(C/2024/1770)



The European Parliament,






—


having regard to the letter from its President of 9 March 2023,










—


having regard to Rules 236 and 237 of its Rules of Procedure,










—


having regard to the report of the Committee on Constitutional Affairs (A9-0262/2023),













1.


Decides to amend its Rules of Procedure as shown below;












2.


Decides that the amendments shall enter into force on 1 November 2023; decides that the amendments empowering the Bureau and the Quaestors to adopt implementing measures shall however apply from the date that this decision is adopted;












3.


Decides that declarations of interests submitted on the basis of the provisions of the Rules of Procedure in force on the date that this decision is adopted will remain valid until 31 December 2023;












4.


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





Amendment 1


Parliament's Rules of Procedure


Rule 11








Present text




Amendment





Rule 11


Rule 11






Members’ financial interests and Transparency register






Rules of conduct regarding integrity and transparency







1.   Parliament shall lay down rules 
governing the transparency of its Members' financial interests
 in the form of a Code of Conduct which shall be adopted by a majority of its component Members and attached to these Rules of Procedure as an annex (5).




1.   Parliament shall lay down rules 
of conduct regarding integrity and transparency
 in the form of a Code of Conduct, which shall be adopted by a majority of its component Members and attached to these Rules of Procedure as an annex (5).





Those rules shall not otherwise prejudice or restrict Members in the exercise of their office or of any related political or other activity.


Those rules shall not otherwise prejudice or restrict Members in the exercise of their office or of any related political or other activity.







2
.   
Members should adopt the systematic practice of only meeting interest representatives that are registered in the transparency register established by means of the Interinstitutional Agreement on a mandatory transparency register



 (6)



.





 







3
.   
Members should publish online all scheduled meetings with interest representatives falling under the scope of the Interinstitutional Agreement. Without prejudice to Article 4(6) of Annex I, rapporteurs, shadow rapporteurs and committee chairs shall, for each report, publish online all scheduled meetings with interest representatives falling under the scope of the Interinstitutional Agreement. The Bureau shall provide for necessary infrastructure on Parliament’s website.





 





4.   The Bureau shall provide the necessary infrastructure on Members’ online page on Parliament’s website for those Members who wish to publish a voluntary audit or confirmation, as provided for under the applicable rules of the Statute for Members and its implementing rules, that their use of the General Expenditure Allowance complies with the applicable rules of the Statute for Members and its implementing measures.




4.   The Bureau shall provide the necessary infrastructure on Members’ online page on Parliament’s website for those Members who wish to publish a voluntary audit or confirmation, as provided for under the applicable rules of the Statute for Members and its implementing rules, that their use of the General Expenditure Allowance complies with the applicable rules of the Statute for Members and its implementing measures.








5
.   
These rules shall not otherwise prejudice or restrict Members in the exercise of their office or of any related political or other activity.





 





6.   The code of conduct 
and the rights and privileges of
 former Members shall be laid down by a decision of the Bureau. 
No distinction shall be made in the treatment of former Members.






6.   The code of conduct 
regarding integrity and transparency for
 former Members shall be laid down by a decision of the Bureau.










Amendment 2


Parliament's Rules of Procedure


Rule 35








Present text




Amendment





Rule 35


Rule 35




Intergroups


Intergroups





1.   Individual Members may form Intergroups 
or other unofficial groupings of Members,
 for the purpose of holding informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and of promoting contact between Members and civil society.




1.   Individual Members may form intergroups for the purpose of holding informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and of promoting contact between Members and civil society.






2.   Intergroups 
as well as other unofficial groupings
 shall be fully transparent in their actions 
and
 shall not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. They may not organise events in third countries that coincide with a mission of an official Parliament body, including an official election observation delegation.




2.   Intergroups shall be fully transparent in their actions
. They
 shall not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. 
In particular, they shall not use the name or the logo of Parliament.
 They may not organise events in third countries that coincide with a mission of an official Parliament body, including an official election observation delegation.






3.   Provided that the conditions laid down in Parliament’s internal rules governing the establishment of 
such groupings
 are complied with, a political group may facilitate their activities by providing them with logistical support.




3.   Provided that the conditions laid down in Parliament’s internal rules governing the establishment of 
intergroups
 are complied with, a political group may facilitate their activities by providing them with logistical support.






4.   Intergroups shall be required to make an annual declaration of any support, 
whether
 in cash or in kind 
(e.g. secretarial assistance)
, which, if offered to Members as individuals, would have had to be declared under Annex I.




4.   Intergroups shall be required to make an annual declaration of any support, 
including
 in cash or in kind, which, if offered to Members as individuals, would have had to be declared under Annex I.







Other unofficial groupings shall also be required to declare, by the end of the following month, any support, whether in cash or in kind, which Members have not declared individually in accordance with their obligations under Annex I.




 





5.   
Only
 interest representatives 
who are registered in the transparency register
 may participate in intergroup 
or other unofficial grouping
 activities organised on Parliament’s premises, for instance by attending meetings or events of the intergroup 
or other unofficial grouping
, by offering support to it, or by co-hosting its events.




5.   Interest representatives may 
only
 participate in intergroup activities organised on Parliament’s premises, for instance by attending meetings or events of the intergroup, by offering support to it, or by co-hosting its events
, if they are entered in the transparency register established by means of the Interinstitutional Agreement on a mandatory transparency register



 (14a)

.






6.   The Quaestors shall keep a register of the declarations referred to in paragraph 4. The 
Quaestors
 shall adopt detailed rules on those declarations and their publication on Parliament’s website.




6.   The Quaestors shall keep a 
public
 register 
of the intergroups and
 of the declarations referred to in paragraph 4. The 
Bureau
 shall adopt detailed rules 
on that register and
 on those declarations and their publication on Parliament’s website.






7.   The Quaestors shall ensure the effective enforcement of this Rule.




7.   The Quaestors shall ensure the effective enforcement of this Rule.





 





7a
   . 
In the event of a breach of this Rule, the Quaestors may impose on the intergroup a ban on using Parliament’s facilities for a period which may not exceed the remainder of the parliamentary term.







 






Amendment 3


Parliament’s Rules of Procedure


Rule 35 a (new)








Present text




Amendment





 




Rule 35a






 




Unofficial groupings






 





1.
   
Individual Members may form unofficial groupings for the purpose of holding informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and of promoting contact between Members and civil society.







 





2.
   
Unofficial groupings shall be fully transparent in their actions. They shall not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. In particular, they shall not use the name or the logo of Parliament. They may not organise events in third countries that coincide with a mission of an official Parliament body, including an official election observation delegation. Members participating in unofficial groupings shall proactively disclose to external interlocutors that they are acting in their capacity as individual Members.







 





3.
   
A political group may facilitate the activities of unofficial groupings by providing them with logistical support, except in the case of unofficial groupings related to third countries for which a standing interparliamentary delegation as referred to in Rule 223 exists.







 




Unofficial groupings related to third countries for which a standing interparliamentary delegation as referred to in Rule 223 exists shall not benefit from any facilities of Parliament for their activities.






 




The relation to the third country may result from the name or the activities of the unofficial grouping.






 





4.
   
Unofficial groupings shall be required to declare, by the end of the following month, any support, including in cash or in kind. In the absence of such a declaration, the Chair of the grouping or, if the grouping has no Chair, any Member participating in it shall declare the support within 10 working days following the expiry of that deadline.







 





5.
   
Interest representatives may only participate in unofficial grouping activities organised on Parliament’s premises, for instance by attending meetings or events of the unofficial grouping, by offering support to it, or by co-hosting its events, if they are entered in the transparency register.







 





6.
   
The Quaestors shall keep a public register of the declarations referred to in paragraph 4 and of the unofficial groupings that have submitted them. The Bureau shall adopt detailed rules on that register and on those declarations and their publication on Parliament’s website.







 





7.
   
The Quaestors shall ensure the effective enforcement of this Rule.







 





8.
   
In the event of a breach of this Rule, the Quaestors may impose on the unofficial grouping a ban on using Parliament’s facilities for a period which may not exceed the remainder of the parliamentary term.








Amendment 4


Parliament's Rules of Procedure


Rule 123








Present text




Amendment





Rule 123


Rule 123




Access to Parliament


Access to Parliament





1.   Access badges for Members, Members' assistants and third persons shall be issued on the basis of the rules laid down by the Bureau. Those rules shall also govern the use and withdrawal of access badges.




1.   Access badges for Members, 
former Members,
 Members' assistants and third persons shall be issued on the basis of the rules laid down by the Bureau. Those rules shall also govern the use and withdrawal of access badges.






2.   Badges shall not be issued to individuals within a Member’s entourage who fall within the scope of the Interinstitutional Agreement on a mandatory transparency register.




2.   Badges shall not be issued to individuals within a Member’s entourage who fall within the scope of the Interinstitutional Agreement on a mandatory transparency register.






3.   Entities entered in the transparency register, and their representatives who have been issued with long-term access badges to the European Parliament must respect:




3.   Entities entered in the transparency register, and their representatives who have been issued with long-term access badges to the European Parliament must respect:











—


the Code of Conduct for Registrants annexed to the Interinstitutional Agreement;












—


the Code of Conduct for Registrants annexed to the Interinstitutional Agreement;














—


the procedures and other obligations laid down by the Interinstitutional Agreement; and












—


the procedures and other obligations laid down by the Interinstitutional Agreement; and














—


the provisions implementing this Rule.












—


the provisions implementing this Rule.








Without prejudice to the applicability of the general rules governing the withdrawal or temporary de-activation of long-term access badges, and unless there are significant arguments to the contrary, the Secretary-General shall, with the authorisation of the Quaestors, withdraw or deactivate a long-term access badge where its holder has been disbarred from the transparency register for a breach of the Code of Conduct for Registrants, has been guilty of a serious breach of the obligations laid down in this paragraph, or has refused, without offering a sufficient justification, to comply with a formal summons to attend a hearing or committee meeting or to cooperate with a committee of inquiry.


Without prejudice to the applicability of the general rules governing the withdrawal or temporary de-activation of long-term access badges, and unless there are significant arguments to the contrary, the Secretary-General shall, with the authorisation of the Quaestors, withdraw or deactivate a long-term access badge where its holder has been disbarred from the transparency register for a breach of the Code of Conduct for Registrants, has been guilty of a serious breach of the obligations laid down in this paragraph, or has refused, without offering a sufficient justification, to comply with a formal summons to attend a hearing or committee meeting or to cooperate with a committee of inquiry.





4.   The Quaestors may determine to what extent the Code of Conduct referred to in paragraph 3 is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the Interinstitutional Agreement.




4.   The Quaestors may determine to what extent the Code of Conduct referred to in paragraph 3 is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the Interinstitutional Agreement.






5.   The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the Interinstitutional Agreement.




5.   The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the Interinstitutional Agreement.






Amendment 5


Parliament's Rules of Procedure


Rule 176








Present text




Amendment





Rule 176


Rule 176




Penalties


Penalties





1.   In serious cases of breach of Rule 10 (2) to (9), the President shall adopt a reasoned decision imposing upon the Member concerned the appropriate penalty in accordance with this Rule.




1.   In serious cases of breach of Rule 10(2) to (9
), Rule 35 or Rule 35a
, the President shall adopt a reasoned decision imposing upon the Member concerned the appropriate penalty in accordance with this Rule.





In relation to Rule 10 (3) or (4), the President may adopt a reasoned decision under this Rule regardless of whether or not an immediate measure within the meaning of Rule 175 had previously been imposed upon the Member concerned.


In relation to Rule 10(3) or (4), the President may adopt a reasoned decision under this Rule regardless of whether or not an immediate measure within the meaning of Rule 175 had previously been imposed upon the Member concerned.




In relation to Rule 10 (6), the President may only adopt a reasoned decision under this Rule following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention.


In relation to Rule 10(6), the President may only adopt a reasoned decision under this Rule following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention.




The President may impose a penalty upon a Member in cases in which provision is made, by these Rules of Procedure or by a decision adopted by the Bureau under Rule 25, for the application of this Rule.





1a
.   The President may 
also
 impose a penalty upon a Member in cases in which provision is made, by these Rules of Procedure
, including the Code of Conduct for Members regarding integrity and transparency



 (32a)



,
 or by a decision adopted by the Bureau under Rule 25, for the application of this Rule.






2.   The Member concerned shall be invited by the President to submit written observations before the decision is adopted. The President may decide to convene an oral hearing instead whenever it is more appropriate.




2.   The Member concerned shall be invited by the President to submit written observations before the decision is adopted. The President may decide to convene an oral hearing instead whenever it is more appropriate.





The decision imposing the penalty shall be notified to the Member concerned 
by registered letter or, in urgent cases, via the ushers
.


The decision imposing the penalty shall be notified to the Member concerned.






After that decision has been notified to the Member concerned, any penalty imposed on a Member
 shall be announced by the President in Parliament. The presiding officers of the bodies, committees and delegations on which the Member serves shall be informed.




Once the penalty becomes final, it
 shall be announced by the President in Parliament. The presiding officers of the bodies, committees and delegations on which the Member serves shall be informed.






Once the penalty becomes final, it
 shall be published prominently on Parliament's website
, and shall remain there for the rest of the parliamentary term
.




The penalty imposed
 shall be published prominently on Parliament's website 
and on the Member’s online page on Parliament’s website
.





3.   When assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness. Account shall also be taken, if applicable, of possible damage inflicted on the dignity and reputation of Parliament.




3.   When assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness. Account shall also be taken, if applicable, of possible damage inflicted on the dignity and reputation of Parliament.






4.   The penalty may consist of one or more of the following measures:




4.   
The penalty imposed shall be effective, proportionate and dissuasive.
 The penalty may consist of one or more of the following measures:











(a)


a reprimand;












(a)


a reprimand;








 










(aa)






prohibition of the Member from representing the Parliament on an interparliamentary delegation, inter-parliamentary conference or any interinstitutional forum, for up to one year;










 










(ab)






in the case of a breach of confidentiality, a limitation in the rights to access confidential or classified information for up to one year;
















(b)


forfeiture of entitlement to the daily subsistence allowance for a period of between two and 
thirty
 days;












(b)


forfeiture of entitlement to the daily subsistence allowance for a period of between two and 
sixty
 days;














(c)


without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conduct, temporary suspension from participation in all or some of the activities of Parliament for a period of between two and 
thirty
 days on which Parliament or any of its bodies, committees or delegations meet;












(c)


without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conduct, temporary suspension from participation in all or some of the activities of Parliament for a period of between two and 
sixty
 days on which Parliament or any of its bodies, committees or delegations meet;
















(d)






prohibition of the Member from representing the Parliament on an interparliamentary delegation, inter-parliamentary conference or any interinstitutional forum, for up to one year;








 












(e)






in the case of a breach of confidentiality, a limitation in the rights to access confidential or classified information for up to one year.








 





5.   The measures laid down in 
points (b) to (e) of
 paragraph 4 may be doubled in the case of repeated breaches, or if the Member refuses to comply with a measure taken under Rule 175(3).




5.   The measures laid down in paragraph 4, 
points (aa) to (c),
 may be doubled in the case of repeated breaches, or if the Member refuses to comply with a measure taken under Rule 175(3).






6.   In addition, the President may submit a proposal to the Conference of Presidents for the suspension or removal of the Member from one or more of the offices held by that Member in Parliament, in accordance with the procedure laid down in Rule 21.




6.   In addition, the President may submit a proposal to the Conference of Presidents for the suspension or removal of the Member from one or more of the offices held by that Member in Parliament, in accordance with the procedure laid down in Rule 21.





 





6a.
   
The President shall decide on the period of publication of the penalties taking into account that the minimum period of publication shall be, irrespective of the end of the mandate of the Member concerned, as follows:







 








—




two years for the penalties referred to in paragraph 4, points (a), (aa) and (ab);










 








—




three years for the penalties referred to in paragraph 4, points (b) and (c).










 




However, in cases of minor breaches, the President may decide on a shorter period of publication.






 






Amendment 6


Parliament's Rules of Procedure


Annex I — Title








Present text




Amendment





ANNEX I


ANNEX I




CODE OF CONDUCT FOR MEMBERS OF THE EUROPEAN PARLIAMENT 
WITH RESPECT TO FINANCIAL INTERESTS AND CONFLICTS OF INTEREST




CODE OF CONDUCT FOR MEMBERS OF THE EUROPEAN PARLIAMENT 
REGARDING INTEGRITY AND TRANSPARENCY







Amendment 7


Parliament's Rules of Procedure


Annex I — Article 1








Present text




Amendment





Article 1


Article 1




Guiding principles


Guiding principles




In exercising their duties, Members of the European Parliament:


In exercising their duties, Members of the European Parliament:










(a)


are guided by and observe the following general principles of conduct: disinterest, integrity, openness, diligence, honesty, accountability and respect for Parliament’s reputation,












(a)


are guided by and observe the following general principles of conduct: disinterest, integrity, openness, diligence, honesty, accountability and respect for Parliament’s 
dignity and
 reputation,














(b)


act solely in the public interest and refrain from obtaining or seeking to obtain any direct or indirect 
financial
 benefit or other reward.












(b)


act solely in the public interest and refrain from obtaining or seeking to obtain any direct or indirect benefit or other reward.









Amendment 8


Parliament's Rules of Procedure


Annex I — Article 2








Present text




Amendment





Article 2


Article 2




Main duties of Members


Main duties of Members




In exercising their duties, Members of the European Parliament shall:


In exercising their duties, Members of the European Parliament shall:










(a)


not enter into any agreement to act or vote in the interest of any other legal or natural person that would compromise their voting freedom, as enshrined in Article 6 of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage and Article 2 of the Statute for Members of the European Parliament,












(a)


not enter into any agreement to act or vote in the interest of any other legal or natural person that would compromise their voting freedom, as enshrined in Article 6 of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage and Article 2 of the Statute for Members of the European Parliament,














(b)


not solicit, accept or receive any direct or indirect benefit or other reward, 
whether
 in cash or in kind, in exchange for specific behaviour in the scope of the Member's parliamentary work, and shall consciously seek to avoid any situation which might imply bribery, corruption, or undue influence,












(b)


not solicit, accept or receive any direct or indirect benefit or other reward, 
including
 in cash or in kind, in exchange for specific behaviour in the scope of the Member's parliamentary work, and shall consciously seek to avoid any situation which might imply bribery, corruption, or undue influence,














(c)


not engage in paid 
professional
 lobbying directly linked to the Union decision-making process.












(c)


not engage in paid lobbying 
activities
 directly linked to the Union decision-making process.









Amendment 9


Parliament's Rules of Procedure


Annex I — Article 3








Present text




Amendment





Article 3


Article 3




Conflicts of interest


Conflicts of interest





1.   A conflict of interest exists where a Member of the European Parliament 
has a personal interest that could
 improperly 
influence the performance of his or her duties as a Member
. A conflict of interest does not exist where a Member benefits only as a member of the general public or of a broad class of persons.




1.   A conflict of interest exists where 
the exercise of the mandate


of
 a Member of the European Parliament 
in the public interest may be
 improperly 
influenced for reasons involving his or her family, emotional life, economic interest or any other direct or indirect private interest
.





 


A conflict of interest does not exist where a Member benefits only as a member of the general public or of a broad class of persons.





2
.
   
Any
 Member who 
finds that he or she has
 a conflict of interest shall immediately 
take the necessary steps to address
 it
, in accordance with the principles and provisions of this Code of Conduct
. If 
the Member is
 unable to resolve 
the conflict of interest
, 
he or she
 shall 
report this to the President in writing
. 
In cases of ambiguity, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7.






2.   
Members shall make every reasonable effort to detect conflicts of interest.







 




A
 Member who 
becomes aware of having
 a conflict of interest shall immediately 
endeavour to resolve
 it. If unable to resolve 
it
, 
the Member
 shall 
make sure that the private interest concerned is declared in accordance with Article 4
.





3.   Without prejudice to paragraph 2, Members shall disclose, before speaking or voting in plenary or in one of Parliament’s bodies
, or if proposed as a rapporteur,
 any 
actual or potential
 conflict of interest in relation to the matter under consideration, where such conflict is not evident from the information declared pursuant to Article 4. Such disclosure shall be made 
in writing or
 orally 
to the chair during the parliamentary proceedings in question
.




3.   Without prejudice to paragraph 2, Members shall disclose, before speaking or voting in plenary or in one of Parliament’s bodies, any conflict of interest in relation to the matter under consideration, where such conflict is not evident from the information declared pursuant to Article 4. Such disclosure shall be made orally 
by intervening in the sitting or meeting concerned
.





 





3a.
   
Before taking up the office of Vice-President, Quaestor, Chair or Vice-Chair of a committee or delegation, the Member shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to the responsibilities of that office.







 




If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. In that case, he or she may only take up the office if the respective body decides that the conflict of interest does not prevent the Member from exercising his or her mandate in the public interest.






 




When such a conflict of interest arises during the exercise of the office in question, the Member shall submit a declaration describing that conflict and shall refrain from exercising the responsibilities with regard to this situation of conflict, unless the respective body decides that the conflict of interest does not prevent the Member from exercising his or her mandate in the public interest.






 





3b.
   
A Member who is proposed as a rapporteur or shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to, respectively, the report or opinion or the delegation or negotiations in question. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration.







 




Where the Member who has been proposed as a rapporteur declares that he or she has a conflict of interest, the respective committee may decide by a majority of the votes cast that the Member may nevertheless be appointed as a rapporteur on the ground that the conflict does not prevent the Member from exercising his or her mandate in the public interest.






 




Where the Member who has been proposed as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations declares that he or she has a conflict of interest, the respective political group may decide that the Member may nevertheless be designated as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations on the ground that the conflict does not prevent the Member from exercising his or her mandate in the public interest. The respective body may, however, oppose this designation by a majority of two thirds of the votes cast.






 





3c.
   
The Bureau shall draw up the form for the declarations mentioned in paragraphs 3a and 3b of this Article, pursuant to Article 9. Such declarations shall be published on Members’ online page on Parliament’s website.








Amendment 10


Parliament's Rules of Procedure


Annex I — Article 4








Present text




Amendment





Article 4


Article 4




Declaration 
by Members




Declaration 
of private interests







1.   For reasons of transparency, Members of the European Parliament shall 
be personally responsible for submitting
 a declaration of 
financial
 interests to the President by the end of the first part-session after elections to the European Parliament (or within 30 days of taking up office with the Parliament in the course of a parliamentary term), in accordance with a form 
to be adopted
 by the Bureau pursuant to Article 9. They shall notify the President of any changes that have an influence on their declaration by the end of the month following each change occurring.




1.   For reasons of transparency 
and accountability
, Members of the European Parliament shall 
submit
 a declaration of 
private
 interests to the President by the end of the first part-session after elections to the European Parliament (or within 30 
calendar
 days of taking up office with the Parliament in the course of a parliamentary term), in accordance with a form 
drawn up
 by the Bureau pursuant to Article 9. They shall notify the President of any changes that have an influence on their declaration by the end of the month following each change occurring.






2.   The declaration of 
financial
 interests shall contain the following information, which shall be provided in a precise manner:




2.   The declaration of 
private
 interests shall contain the following information, which shall be provided in a 
detailed and
 precise manner:











(a)


the Member’s occupation or occupations during the three-year period before 
he or she took up
 office with the Parliament, and 
his or her
 membership during that period of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law,












(a)


the Member’s occupation or occupations during the three-year period before 
taking up
 office with the Parliament, and membership during that period of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law,
















(b)






any salary which the Member receives for the exercise of a mandate in another parliament,








 










(c)


any 
regular
 remunerated activity 
which the Member undertakes
 alongside the exercise of 
his or her
 office, 
whether as an employee or as a self-employed person
,












(c)


any remunerated activity 
undertaken
 alongside the exercise of 
the Member’s
 office, 
including the name of the entity as well as the field and the nature of the activity, where the total remuneration of all the Member's outside activities exceeds EUR 5 000  gross in a calendar year
,














(d)


membership of any boards or committees of 
any
 companies, non-governmental organisations, associations or other bodies established in law, or any other relevant outside activity that the Member undertakes
, whether the membership or activity in question is remunerated or unremunerated
,












(d)


membership of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law, or any other relevant outside activity that the Member undertakes,
















(e)






any occasional remunerated outside activity (including writing, lecturing or the provision of expert advice), if the total remuneration of all the Member's occasional outside activities exceeds EUR 5 000  in a calendar year,








 










(f)


any holding in any company or partnership, where there are potential public policy implications or where that holding gives the Member significant influence over the affairs of the body in question,












(f)


any holding in any company or partnership, where there are potential public policy implications or where that holding gives the Member significant influence over the affairs of the body in question,














(g)


any support, whether financial or in terms of staff or material, additional to that provided by Parliament and granted to the Member in connection with his or her political activities by third parties, whose identity shall be disclosed,












(g)


any support, whether financial or in terms of staff or material, additional to that provided by Parliament and granted to the Member in connection with his or her political activities by third parties, whose identity shall be disclosed,














(h)


any 
other financial
 interests which might influence the performance of the Member’s duties.












(h)


any 
direct or indirect private
 interests 
within the meaning of Article 3(1)
 which might influence the performance of the Member’s duties 
and which are not referred to in points (a) to (g)
.








For any item to be declared in accordance with 
the first subparagraph
, Members shall, where appropriate, indicate whether it 
is remunerated
 or not
; for items (a), (c), (d), (e) and (f),
 Members shall 
also
 indicate 
one of the following income categories:







2a.
   For any item to be declared in accordance with 
paragraph 2
, Members shall, where appropriate, indicate whether it 
generates income or other benefits
 or not.





 




If it generates income,
 Members shall indicate 
for each separate item the respective amount of that income and, where relevant, its periodicity
. 
Other benefits shall be described in nature.












—




Unremunerated;








 










—




EUR 1 to EUR 499 a month;








 










—




EUR 500 to EUR 1 000  a month;








 










—




EUR 1 001  to EUR 5 000  a month;








 










—




EUR 5 001  to EUR 10 000  a month








 










—




above EUR 10 000  a month, with an indication of the nearest EUR 10 000  amount.








 






Any income that Members receive in respect of each item declared in accordance with the first subparagraph, but not on a regular basis, shall be calculated on an annual basis, divided by twelve and placed in one of the categories set out in the second subparagraph
.


 





3.   The information provided to the President in accordance with 
this Article
 shall be published on Parliament’s website in an easily accessible manner.




3.   The information provided to the President in accordance with 
paragraphs 1, 2 and 2a
 shall be published on Parliament’s website in an easily accessible manner.






4.   Members may not be elected as office-holders of Parliament or of one of its bodies, be appointed as a rapporteur or participate in an official delegation or interinstitutional negotiations, if they have not submitted their declaration of 
financial
 interests.




4.   Members may not be elected as office-holders of Parliament or of one of its bodies, be appointed as a rapporteur 
or be designated as a shadow rapporteur
 or participate in an official delegation or interinstitutional negotiations, if they have not submitted their declaration of 
private
 interests.






5.   If the President receives information, which leads him or her to believe that the declaration of 
financial
 interests of a Member is substantially incorrect or out of date, the President 
may
 consult the 
advisory committee provided for in
 Article 7. 
Where appropriate,
 the President 
shall
 request the Member to correct 
his or her
 declaration within 
10
 days. 
The Bureau may adopt a decision applying paragraph 4 to Members who do
 not comply with 
the President’s
 correction request.




5.   If the President receives information, which leads him or her to believe that the declaration of 
private
 interests of a Member is substantially incorrect or out of date, 
the President shall request clarification from the Member. In the absence of a satisfactory clarification
, the President 
shall
 consult the 
Advisory Committee on the Conduct of Members, established under
 Article 7. 
If the Advisory Committee concludes that the declaration does not comply with this Code of Conduct, it shall recommend to the President that he or she request the Member to correct his or her declaration
. 
If, taking into account that recommendation,
 the President 
concludes that the Member has breached this Code of Conduct, he or she
 shall request the Member to correct 
the
 declaration within 
15 calendar
 days. 
If the Member does
 not comply with 
this
 correction request
, the President shall adopt a reasoned decision in accordance with Article 8(3). The internal appeal procedures defined in Rule 177 of the Rules of Procedure shall be available to the Member concerned.










6.
   
Rapporteurs may voluntarily list in the explanatory statement to their report outside interests who have been consulted on matters pertaining to the subject of the report



 (56)



.





 





Amendment 11


Parliament’s Rules of Procedure


Annex I — Article 4 a (new)








Present text




Amendment





 




Article 4a






 




Declaration of assets






 




Members shall declare their assets and liabilities at the beginning and end of every term of office. The Bureau shall lay down the list of categories of assets and liabilities to be declared and shall draw up the form for the declaration. Such declarations shall be submitted to the President and shall be accessible only to the relevant authorities, without prejudice to national law.







Amendment 12


Parliament's Rules of Procedure


Annex I — Article 5








Present text




Amendment





Article 5


Article 5




Gifts or similar benefits


Gifts or similar benefits





1.   Members of the European Parliament shall refrain from accepting, 
in the performance of their duties
, any gifts or similar benefits, other than those with an approximate value of less than EUR 150 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.




1.   Members of the European Parliament shall refrain from accepting, 
in their capacity as Members
, any gifts or similar benefits, other than those with an approximate value of less than EUR 150 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.






2.   Any gifts presented to 
Members
 in accordance with paragraph 1 when 
they are
 representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9.




2.   Any gifts 
with an approximate value of more than EUR 150
 presented to 
a Member
 in accordance with paragraph 1 when 
he or she is
 representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9.






3.   The provisions of paragraphs 1 and 2 shall not apply to the reimbursement of travel, accommodation and subsistence expenses of Members, or to the direct payment of such expenses by third parties, when Members attend, pursuant to an invitation and in the performance of their duties, 
at
 any events organised by third parties.




3.   The provisions of paragraphs 1 and 2 shall not apply to the reimbursement of travel, accommodation and subsistence expenses of Members, or to the direct payment of such expenses by third parties, 
in full or in part,
 when Members attend, pursuant to an invitation and in the performance of their duties, any events organised by third parties. 
Members shall declare to the President their attendance at such events and the required information in accordance with
 implementing measures laid down by the Bureau pursuant to Article 9.







The scope of this paragraph, and in particular the rules designed to ensure transparency, shall be specified in the
 implementing measures 
to be
 laid down by the Bureau pursuant to Article 9.


 





Amendment 13


Parliament’s Rules of Procedure


Annex I — Article 5 a (new)








Present text




Amendment





 




Article 5a






 




Publication of meetings






 





1.
   
Members should only meet interest representatives that are entered in the transparency register established by means of the Interinstitutional Agreement on a mandatory transparency register



 (56a)



.







 





2.
   
Members shall publish online all scheduled meetings relating to parliamentary business







 










(a)






with interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register; or










 










(b)






with representatives of public authorities of third countries, including their diplomatic missions and embassies.










 





3.
   
The obligation laid down in paragraph 2 shall apply to meetings attended by the Member or by the Member’s parliamentary assistants on his or her behalf.







 





4.
   
By way of derogation from paragraph 2, Members shall not publish a meeting the disclosure of which would endanger the life, physical integrity or liberty of an individual or may decide not to publish a meeting where there are other compelling reasons for maintaining confidentiality. Such meetings shall instead be declared to the President, who shall keep this declaration confidential or shall decide on an anonymised or delayed publication. The Bureau shall lay down the conditions under which the President may disclose such a declaration.







 





5.
   
The Bureau shall provide for the necessary infrastructure on Parliament's website.







 





6.
   
Article 4(5) shall apply mutatis mutandis.







 






Amendment 14


Parliament’s Rules of Procedure


Annex I — Article 5 b (new)








Present text




Amendment





 




Article 5b






 




Declaration of input






 




Without prejudice to the requirement to publish meetings pursuant to Article 5a, rapporteurs shall list the entities or persons from whom they received input on matters pertaining to the subject of the file in an annex to their report or opinion. Article 5a(4) shall apply mutatis mutandis.







Amendment 15


Parliament's Rules of Procedure


Annex I — Article 6








Present text




Amendment





Article 6


Article 6




Activities of former Members


Activities of former Members




Former Members of the European Parliament who engage in professional lobbying or representational activities directly linked to the European Union decision-making process should inform the European Parliament thereof and may not, throughout the period in which they engage in those activities, benefit from the facilities granted to former Members under the rules laid down by the Bureau to that effect (57).


Former Members of the European Parliament who engage in professional lobbying or representational activities directly linked to the European Union decision-making process should inform the European Parliament thereof and may not, throughout the period in which they engage in those activities, benefit from the facilities granted to former Members under the rules laid down by the Bureau to that effect (57).




 




Members shall not engage with former Members whose mandate ended less than six months earlier and who fall under the categories of persons mentioned in Article 5a(2) in any activity which could allow the former Members to influence the formulation or implementation of policy or legislation, or the decision-making processes of Parliament.











Amendments 16, 21cp7, 25cp2-5 and 25cp9


Parliament's Rules of Procedure


Annex I — Article 7








Present text




Amendment





Article 7


Article 7




Advisory Committee on the Conduct of Members


Advisory Committee on the Conduct of Members





1.   An Advisory Committee on the Conduct of Members (‘the Advisory Committee’) is hereby established.




1.   An Advisory Committee on the Conduct of Members (‘the Advisory Committee’) is hereby established.






2.   The Advisory Committee shall be composed of 
five
 members, appointed by the President at the beginning of his or her term of office 
from amongst the members of the Committee on Constitutional Affairs and the Committee on Legal Affairs
, taking due account of the Members' experience and of political balance.




2.   The Advisory Committee shall be composed of 
eight current Members of the European Parliament
, appointed by the President at the beginning of his or her term of office, taking due account of the Members' experience and of political 
and gender
 balance.







Each member of the Advisory Committee shall serve as chair for
 six months 
on a rotating basis
.




The office of chair shall rotate every
 six months 
among the members of the Advisory Committee
.





3.   The President shall also, at the beginning of his or her term of office, appoint reserve members for the Advisory Committee, one for each political group not represented in the Advisory Committee.




3.   The President shall also, at the beginning of his or her term of office, appoint reserve members for the Advisory Committee, one for each political group not represented in the Advisory Committee.





In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee, the relevant reserve member shall serve as a 
sixth
 full member of the Advisory Committee 
for the purposes of investigation of that alleged breach
.


In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee 
or in the event of a request pursuant to paragraph 4 concerning such a member
, the relevant reserve member shall serve as a 
ninth
 full member of the Advisory Committee.




 





3a.
   
In the event of an alleged breach of this Code of Conduct by a permanent member or by a reserve member of the Advisory Committee, the permanent member or reserve member concerned shall not take part in the proceedings of the Advisory Committee on that alleged breach.








4
.
   
Upon
 request 
by
 a Member, the Advisory Committee shall give him or her, in confidence and within 30 calendar days, 
guidance
 on the interpretation and implementation of the provisions of this Code of Conduct. The Member in question shall be entitled to rely on such guidance.




4
.
   
At the
 request 
of
 a Member, the Advisory Committee shall give him or her 
guidance
, in confidence and within 30 calendar days, on the interpretation and implementation of the provisions of this Code of Conduct
, in particular with regard to conflicts of interest
. The Member in question shall be entitled to rely on such guidance.





At the request of the President, the Advisory Committee shall also assess alleged breaches of this Code of Conduct and advise the President on possible action to be taken.


At the request of the President, the Advisory Committee shall also assess alleged breaches of this Code of Conduct and advise the President on possible action to be taken.




 




The Advisory Committee shall proactively monitor compliance by Members with this Code of Conduct and its implementing measures. It shall signal to the President any possible breaches of those provisions.






 




Alleged breaches of this Code of Conduct may be signalled directly to the Advisory Committee, which may assess them and advise the President on possible action to be taken. The Bureau may adopt rules on the procedure for the signalling of alleged breaches.







5.   The Advisory Committee may
, after consulting the President,
 seek advice from outside experts.




5.   The Advisory Committee may seek advice from outside experts
, in full confidentiality
.






6.   The Advisory Committee shall publish an annual report of its work.




6.   The Advisory Committee shall publish an annual report of its work 
and raise Members’ awareness of this Code of Conduct and its implementing measures on a regular basis
.






Amendment 17


Parliament's Rules of Procedure


Annex I — Article 8








Present text




Amendment





Article 8


Article 8




Procedure in the event of 
possible
 breaches of 
the
 Code of Conduct


Procedure in the event of 
alleged
 breaches of 
this
 Code of Conduct





1.   Where there is reason to 
think
 that a Member of the European Parliament may have breached this Code of Conduct, the President shall
, except in manifestly vexatious cases,
 refer the matter to the Advisory Committee.




1.   Where there is reason to 
believe
 that a Member of the European Parliament may have breached this Code of Conduct, the President shall refer the matter to the Advisory Committee.






2.   The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. Based on its findings, it shall make a recommendation to the President 
concerning a possible decision
.




2.   The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. Based on its findings, it shall make a recommendation to the President 
comprising, where appropriate, a penalty, which may consist of one or more of the measures listed in Rule 176(4), (5) and (6) of the Rules of Procedure
.







In case of an alleged breach of the Code of Conduct by a permanent member or by a reserve member of the Advisory Committee, the member or reserve member concerned shall refrain from taking part in the proceedings of the Advisory Committee on that alleged breach.




 





3.   If, taking into account that recommendation, and having invited the Member concerned to submit written observations, the President concludes that the Member concerned has breached 
the
 Code of Conduct, he or she shall adopt a reasoned decision 
laying down
 a penalty. The President shall notify that Member of the reasoned decision.




3.   If, taking into account that recommendation, and having invited the Member concerned to submit written observations, the President concludes that the Member concerned has breached 
this
 Code of Conduct, he or she shall adopt a reasoned decision 
imposing
 a penalty. The President shall notify that Member of the reasoned decision.





The penalty may consist of one or more of the measures listed in Rule 176(4) 
to
 (6) of the Rules of Procedure.


The penalty may consist of one or more of the measures listed in Rule 176(4)
, (5) and
 (6) of the Rules of Procedure.





4.   The internal appeal procedures defined in Rule 177 of the Rules of Procedure shall be available to the Member concerned.




4.   The internal appeal procedures defined in Rule 177 of the Rules of Procedure shall be available to the Member concerned.





 





4a.
   
The President shall also refer to the Advisory Committee systematic, severe or repetitive failures to comply with disclosure obligations laid down in this Code of Conduct.








Amendment 18


Parliament's Rules of Procedure


Annex I — Article 9








Present text




Amendment





Article 9


Article 9




Implementation


Implementation




The Bureau shall lay down implementing measures for this Code of Conduct, including a monitoring procedure
, and shall, when necessary, update the amounts referred to in Articles 4 and 5
.


The Bureau shall lay down implementing measures for this Code of Conduct, including a 
compliance
 monitoring procedure 
and training for Members
.




The Bureau may bring forward proposals for revision of this Code of Conduct.


The Bureau may bring forward proposals for 
the
 revision of this Code of Conduct.






(*1)  References to ‘cp’ in the headings of adopted amendments shall be understood as the corresponding part of those amendments.

(5)  See Annex I.

(5)  See Annex I.

(6)  
            
Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (OJ L 207, 11.6.2021, p. 1).



(14a)  
            
Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (OJ L 207, 11.6.2021, p. 1).



(32a)  
            
See Annex I.



(56)  
            
See Bureau Decision of 12 September 2016 on the implementation of the Inter-Institutional Agreement on the Transparency Register.



(56a)  
            
Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (OJ L 207, 11.6.2021, p. 1).



(57)  Bureau Decision of 

                  12 April 1999
               
 on 
facilities granted to
 former Members of the European Parliament.

(57)  Bureau Decision of 

                  17 April 2023
               
 on former Members of the European Parliament.


ELI: http://data.europa.eu/eli/C/2024/1770/oj
ISSN 1977-091X (electronic edition)