CELEX: 31995D0406(01)
Language: en
Date: 1995-04-06 00:00:00
Title: Decision of the European Parliament, the Council and the Commission of 6 March 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry

6 . 4 . 95         I EN I             Official Journal of the European Communities                                 No L 78 / 1
                                                              I
                                            (Acts whose publication is obligatory)
                   DECISION OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE
                                                      COMMISSION
                                                      of 6 March 1995
              on the detailed provisions governing the exercise of the European Parliament's right of inquiry
THE EUROPEAN PARLIAMENT, THE COUNCIL AND                          down by this Decision, in accordance with Article 20b of
THE COMMISSION,                                                   the ECSC Treaty, Article 138c of the EC Treaty and
                                                                  Article 107b of the EAEC Treaty.
Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Article 20b
thereof,                                                                                    Article 2
                                                                  1.    Subject to the conditions and limits laid down by
Having regard to the Treaty establishing the European             the Treaties referred to in Article 1 and in the course of
Community, and in particular Article 138c thereof,                its duties, the European Parliament may, at the request
                                                                  of one-quarter of its Members, set up a temporary
                                                                  committee of inquiry to investigate alleged contra­
Having regard to the Treaty establishing the European             ventions or maladministration in the implementation of
Atomic Energy Community, and in particular Article                Community law which would appear to be the act of an
107b thereof,                                                     institution or a body of the European Communities, of a
                                                                  public administrative body of a Member State or of
Whereas the detailed provisions governing the exercise            persons empowered by Community law to implement
                                                                  that law.
of the European Parliament's right of inquiry should be
determined with due regard for the provisions laid down
by the Treaties establishing the European Communities ;           The European Parliament shall determine the
                                                                  composition and rules of procedure of temporary
Whereas temporary committees of inquiry must have the             committees of inquiry.
means necessary to perform their duties ; whereas, to that
end, it is essential that the Member States and the insti­        The decision to set up a temporary committee of inquiry,
tutions and bodies of the European Communities take all           specifying in particular its purpose and the time limit for
steps to facilitate the performance of those duties ;             submission of its report, shall be published in the Official
                                                                  Journal of the European Communities.
Whereas the secrecy and confidentiality of the
proceedings of temporary committees of inquiry must be            2 . The temporary committee of inquiry shall carry out
protected;                                                        its duties in compliance with the powers conferred by the
                                                                  Treaties on the institutions and bodies of the European
                                                                  Communities .
Whereas, at the request of one of the three institutions
concerned, the detailed provisions governing the exercise
of the right of inquiry may be revised as from the end of         The members of the temporary committee of inquiry and
the current term of the European Parliament in the light          any other persons who, by reason of their duties, have
of experience,                                                    become acquainted with facts, information, knowledge,
                                                                  documents or objects in respect of which secrecy must be
                                                                  observed pursuant to provisions adopted by a Member
HAVE BY COMMON ACCORD ADOPTED THIS                                State or by a Community institution shall be required,
DECISION :                                                        even after their duties have ceased, to keep them secret
                                                                  from any unauthorized person and from the public.
                           Article 1
                                                                  Hearings and testimony shall take place in public.
The detailed provisions governing the exercise of the             Proceedings shall take place in camera if requested by
European Parliament's right of inquiry shall be as laid           one-quarter of the members of the committee of inquiry,
 ---pagebreak--- No L 78 /2         I EN I              Official Journal of the European Communities                                  6 . 4 . 95
or by the Community or national authorities, or where            the Government of a Member State to designate one of
the temporary committee of inquiry is considering secret         its members to take part in its proceedings.
information. Witnesses and experts shall have the right to
make a statement or provide testimony in camera.
                                                                 3 . On a reasoned request from the temporary
                                                                 committee of inquiry, the Member States concerned and
3. A temporary committee of inquiry may not inves­               the institutions or bodies of the European Communities
tigate matters at issue before a national or Community           shall designate the official or servant whom they
court of law until such time as the legal proceedings have       authorize to appear before the temporary committee of
been completed.                                                  inquiry, unless grounds of secrecy or public or national
                                                                 security dictate otherwise by virtue of national or
                                                                 Community legislation.
Within a period of two months either of publication in
accordance with paragraph 1 or of the Commission                 The officials or servants in question shall speak on behalf
being informed of an allegation made before a                    of and as instructed by their Governments or institutions.
temporary committee of inquiry of a contravention of             They shall continue to be bound by the obligations
Community law by a Member State, the Commission                  arising from the rules to which they are subject.
may notify the European Parliament that a matter to be
examined by a temporary committee of inquiry is the
subject of a Community prelitigation procedure ; in such
cases the temporary committee of inquiry shall take all          4.    The authorities of the Member States and the insti­
necessary steps to enable the Commission fully to                tutions or bodies of the European Communities shall
exercise the powers conferred on it by the Treaties.             provide a temporary committee of inquiry, where it so
                                                                 requests or on their own initiative, with the documents
                                                                 necessary for the performance of its duties, save where
                                                                 prevented from doing so by reasons of secrecy or public
4. The temporary committee of inquiry shall cease to             or national security arising out of national or
exist on the submission of its report within the time limit      Community legislation or rules.
laid down when it was set up, or at the latest upon
expiry of a period not exceeding 12 months from the
date when it was set up, and in any event at the close of
the parliamentary term.                                          5. Paragraphs 3 and 4 shall be without prejudice to
                                                                 any other provisions of the Member States which
                                                                 prohibit officials from appearing or documents from
                                                                 being forwarded.
By means of a reasoned decision the European
Parliament may twice extend the 12-month period by
three months. Such a decision shall be published in the          An obstacle arising from reasons of secrecy, public or
 Official Journal of the European Communities.                   national security or the provisions referred to in the first
                                                                 subparagraph shall be notified to the European
                                                                 Parliament by a representative authorized to commit the
                                                                 Government of the Member State concerned or the insti­
5. A temporary committee of inquiry may not be set               tution .
up or re-established with regard to matters into which an
inquiry has already been held by a temporary committee
of inquiry until at least 12 months have elapsed since the
submission of the report on that inquiry or the end of its       6. Institutions or bodies of the European Communities
assignment and unless any new facts have emerged.                shall not supply the temporary committee of inquiry with
                                                                 documents originating in a Member State without first
                                                                 informing the State concerned.
                          Article 3
                                                                 They shall not communicate to the temporary committee
1 . The temporary committee of inquiry shall carry out           of inquiry any documents to which paragraph 5 applies
the inquiries necessary to verify alleged contraventions or      without first obtaining the consent of the Member State
maladministration in the implementation of Community             concerned .
law under the conditions laid down below.
                                                                 7. Paragraphs 3, 4 and 5 shall apply to natural or legal
2. The temporary committee of inquiry may invite an              persons empowered by Community law to implement
institution or a body of the European Communities or             that law.
 ---pagebreak--- 6.4.95              EN                Official Journal of the European Communities                            No L 78 /3
8 . In so far as is necessary for the performance of its         3. The European Parliament may forward to the insti­
duties, the temporary committee of inquiry may request           tutions or bodies of the European Communities or to the
any other person to give evidence before it. The                 Member States any recommendations which it adopts on
temporary committee of inquiry shall inform any person           the basis of the temporary committee of inquiry's report.
named in the course of an inquiry to whom this might             They shall draw therefrom the conclusions which they
prove prejudicial ; it shall hear such a person if that          deem appropriate.
person so requests.
                                                                                          Article 5
                           Article 4                             Any communication addressed to the national authorities
1 . The information obtained by the temporary
                                                                 of the Member States for the purposes of applying
                                                                 this Decision shall be made through their Permanent
committee of inquiry shall be used solely for the                Representations to the European Union.
performance of its duties. It may not be made public if it
contains material of a secret or confidential nature or
names persons .                                                                           Article 6
                                                                 At the request of the European Parliament, the Council
The European Parliament shall adopt the administrative           or the Commission, the above rules may be revised as
measures and procedural rules required to protect the            from the end of the current term of the European
secrecy and confidentiality of the proceedings of                Parliament in the light of experience.
temporary committees of inquiry.
                                                                                          Article 7
2. The temporary committee of inquiry's report shall
be submitted to the European Parliament, which may               This Decision shall enter into force on the day of its
decide to make it public subject to the provisions of            publication in the Official Journal of the European
paragraph 1 .                                                     Communities.
              Done at Brussels on the sixth day of March in the year one thousand nine hundred and
              ninety-five.
                For the European Parliament           For the Council               For the Commission
                        The President                   The President                   The President
                       Klaus HANSCH                     Alain JUPPÉ                   Jacques SANTER