CELEX: 52006DP0021
Language: en
Date: 2006-01-19 00:00:00
Title: European Parliament decision on the amendments to be made to the European Parliament's Rules of Procedure relating to standards for the conduct of Members of the European Parliament (2005/2075(REG))

C 287 E/254          EN                         Official Journal of the European Union                                         24.11.2006
Thursday, 19 January 2006
                                                         TEXTS ADOPTED
             P6_TA(2006)0021
             Standards of conduct of Members (Amendment of the Rules of Procedure)
             European Parliament decision on the amendments to be made to the European Parliament's Rules
             of Procedure relating to standards for the conduct of Members of the European Parliament
                                                            (2005/2075(REG))
             The European Parliament,
             — having regard to the letter of 18 March 2005 from its President,
             — having regard to the amendments to its Rules of Procedure drawn up by the Bureau on 7 March 2005,
             — having regard to Rule 202 of its Rules of Procedure,
             — having regard to the report of the Committee on Constitutional Affairs (A6-0413/2005),
             A. whereas it must be possible for the business of the House to be conducted in a dignified atmosphere,
                 although the vibrancy of plenary debates must also be maintained,
              B. whereas the provisions currently included in its Rules of Procedure do not allow for an appropriate
                 response in the event of disruption of its business or of other activities taking place within its precincts,
              C. whereas, as is the case in all parliamentary assemblies, provision must be made for the possibility of
                 penalties being imposed on any Member or Members not complying with the standards of conduct, for
                 the definition of the major principles of which, as well as for the devising of an internal appeals proce-
                 dure that guarantees the right of defence of Members on whom penalties have been imposed, it bears
                 responsibility,
             1.   Decides to amend its Rules of Procedure as set out below;
             2. Decides that these amendments shall enter into force on the first day of the next part-session, pursuant
             to Rule 202(3) of its Rules of Procedure;
             3. Instructs its President to forward this decision to the Council, to the Commission and to the parlia-
             ments of the Member States, for information.
                         PRESENT TEXT                                                              AMENDMENTS
                                                              Amendment 1
                                              Rule 9, title and paragraph 1, subparagraph 1
Code of conduct                                                           Members' financial interests, standards of conduct and
                                                                          access to Parliament
1.   Parliament may lay down a code of conduct for its                    1.    Parliament may lay down rules governing the transpar-
Members. The code shall be adopted pursuant to Rule                       ency of its Members' financial interests, which shall be
202(2) and attached to these Rules of Procedure as an annex.              attached to these Rules of Procedure as an annex.
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                                                                                                               Thursday, 19 January 2006
                          PRESENT TEXT                                                            AMENDMENTS
                                                              Amendment 2
                                                      Rule 9, paragraph 1 a (new)
                                                                          1a. Members' conduct shall be characterised by mutual
                                                                          respect, be based on the values and principles laid down in
                                                                          the basic texts on which the European Union is founded,
                                                                          respect the dignity of Parliament and not compromise the
                                                                          smooth conduct of parliamentary business or disturb the
                                                                          peace and quiet of any of Parliament's premises.
                                                                          Failure to comply with these principles may lead to applica-
                                                                          tion of the measures provided for in Rules 146, 147 and
                                                                          148.
                                                              Amendment 3
                                                      Rule 9, paragraph 1 b (new)
                                                                          1b. The application of this Rule shall in no way detract
                                                                          from the liveliness of parliamentary debates nor undermine
                                                                          Members' freedom of speech.
                                                                          It shall be based on full respect for Members' prerogatives,
                                                                          as laid down in primary law and the Statute applicable to
                                                                          them.
                                                                          It shall be based on the principle of transparency and be so
                                                                          undertaken that the relevant provisions are made clear to
                                                                          Members, who shall be informed individually of their rights
                                                                          and obligations.
                                                              Amendment 4
                                                 Interpretation of Rule 22, paragraph 3
                                                                          The term 'conduct of sittings' includes the matter of the
                                                                          conduct of Members within all of Parliament's premises.
                                                              Amendment 5
                                                          Rule 96, paragraph 3
3.    Committees shall normally meet in public. They may                  3.     Committees shall normally meet in public. They may
decide, however, at the latest when the agenda of a meeting is            decide, however, at the latest when the agenda of a meeting is
adopted, to divide the agenda for that meeting into items                 adopted, to divide the agenda for that meeting into items
open to the public and items closed to the public. However, if            open to the public and items closed to the public. However, if
a meeting is held in camera, the committee may, subject to                a meeting is held in camera, the committee may, subject to
Article 4(1) to (4) of European Parliament and Council Regu-              Article 4(1) to (4) of European Parliament and Council Regu-
lation (EC) No 1049/2001, open documents and minutes                      lation (EC) No 1049/2001, open documents and minutes
from the meeting to public access.                                        from the meeting to public access. Rule 147 shall apply in
                                                                          the event of any breach of the rules governing confidenti-
                                                                          ality.
 ---pagebreak--- C 287 E/256          EN                           Official Journal of the European Union                                        24.11.2006
Thursday, 19 January 2006
                          PRESENT TEXT                                                                 AMENDMENTS
                                                                Amendment 6
                                                    Title VI, Chapter 3 a (new), title (new)
                                                                            CHAPTER 3a
                                                                            MEASURES TO BE TAKEN IN THE EVENT OF NON-
                                                                            COMPLIANCE WITH THE STANDARDS OF CONDUCT
                                                                            OF MEMBERS
                                                                            (to be inserted before Rule 146)
                                                                Amendment 7
                                                       Rule 146, title and paragraph 1
Order in the Chamber                                                        Immediate measures
1.    The President shall call to order any Member who                      1.     The President shall call to order any Member who
creates a disturbance during the proceedings.                               disrupts the smooth conduct of the proceedings or whose
                                                                            conduct fails to comply with the relevant provisions of
                                                                            Rule 9.
                                                                Amendment 8
                                                            Rule 146, paragraph 3
3.    If a further offence is committed, the President may                  3.     Should the disturbance continue, or if a further offence
exclude the offender from the Chamber for the remainder of                  is committed, the President may deny the offender the right
the sitting. The Secretary-General shall see to it that this disci-         to speak and exclude him from the Chamber for the
plinary measure is carried out immediately, with the assis-                 remainder of the sitting. He may also resort to the latter
tance of the ushers and, if necessary, of Parliament's Security             measure immediately and without a second call to order in
Service.                                                                    cases of exceptional seriousness. The Secretary-General shall,
                                                                            without delay, see to it that such disciplinary measures are
                                                                            carried out, with the assistance of the ushers and, if necessary,
                                                                            of Parliament's Security Service.
                                                                Amendment 9
                                                        Rule 146, paragraph 3 a (new)
                                                                            3a. Should disturbances threaten to obstruct the business
                                                                            of the House, the President shall close or suspend the sitting
                                                                            for a specific period to restore order. If he cannot make
                                                                            himself heard, he shall leave the Chair; this shall have the
                                                                            effect of suspending the sitting. The President shall recon-
                                                                            vene the sitting.
                                                               Amendment 10
                                                        Rule 146, paragraph 3 b (new)
                                                                            3b. The powers provided for in paragraphs 1 to 3a shall
                                                                            be vested, mutatis mutandis, in the presiding officers of
                                                                            bodies, committees and delegations as provided for in the
                                                                            Rules of Procedure.
 ---pagebreak--- 24.11.2006           EN                         Official Journal of the European Union                                      C 287 E/257
                                                                                                               Thursday, 19 January 2006
                          PRESENT TEXT                                                            AMENDMENTS
                                                            Amendment 11
                                                     Rule 146, paragraph 3 c (new)
                                                                         3c. Where appropriate, and bearing in mind the serious-
                                                                         ness of the breach of the Members' standards of conduct, the
                                                                         Member in the Chair may, no later than the following part-
                                                                         session or the following meeting of the body, committee or
                                                                         delegation concerned, ask the President to apply Rule 147 .
                                                            Amendment 12
                                                                Rule 147
Exclusion of Members                                                     Penalties
1.    In serious cases of disorder or disruption of Parliament,          1.     In exceptionally serious cases of disorder or disruption
the President may after giving formal notice, move, either               of Parliament in violation of the principles laid down in Rule
immediately or no later than the next part-session, that                 9, the President, after hearing the Member concerned, shall
Parliament pass a vote of censure which shall automatically              adopt a reasoned decision laying down the appropriate
involve immediate exclusion from the Chamber and suspen-                 penalty, which he shall notify to the Member concerned and
sion for two to five days.                                               to the presiding officers of the bodies, committees and dele-
                                                                         gations on which the Member serves, before announcing
                                                                         them to plenary.
2.    Parliament shall decide whether to take such disci-                2.     When assessing the conduct observed account shall be
plinary action at a time to be decided by the President,                 taken of its exceptional, recurrent or permanent nature and
which shall be either at the sitting during which the events             of its seriousness, on the basis of the guidelines annexed to
in question occurred or, in the case of disruption outside the           these Rules of Procedure. (*)
Chamber, when the President was informed, or at the latest
at the next part-session. The Member concerned shall be
entitled to be heard by Parliament before the vote. His
speaking time shall not exceed five minutes.
3.    An electronic vote shall be taken without debate on the            3.     The penalty may consist of one or more of the
request for disciplinary action. Requests submitted pursuant             following measures:
to Rule 149(3) or 160(1) shall not be admissible.                        (a) a reprimand;
                                                                         (b) forfeiture of entitlement to the daily subsistence allow-
                                                                              ance for a period of between 2 and 10 days;
                                                                          (c) without prejudice to the right to vote in plenary, and
                                                                              subject, in this instance, to strict compliance with the
                                                                              Members' standards of conducts, temporary suspension,
                                                                              for a period of between 2 and 10 consecutive days on
                                                                              which Parliament or any of its bodies, committees or
                                                                              delegations meet, from participation in all or some of
                                                                              the activities of Parliament;
                                                                         (d) submission to the Conference of Presidents, pursuant to
                                                                              Rule 18, of a proposal for the Member's suspension or
                                                                              removal from one or more of the elected offices held by
                                                                              the Member in Parliament.
                                                                         (*) See Annex XVIa.
 ---pagebreak--- C 287 E/258           EN                          Official Journal of the European Union                                     24.11.2006
Thursday, 19 January 2006
                          PRESENT TEXT                                                             AMENDMENTS
                                                              Amendment 13
                                                                  Rule 148
Disturbances                                                               Internal appeal procedures
Should disturbances in Parliament threaten to obstruct the                 The Member concerned may lodge an internal appeal with
business of the House, the President shall close or suspend                the Bureau within two weeks of notification of the penalty
the sitting for a specific period to restore order. If he cannot           imposed by the President. Such an appeal shall have the
make himself heard, he shall leave the Chair. This shall have              effect of suspending the application of that penalty. The
the effect of suspending the sitting. The President shall                  Bureau may, not later than four weeks after the lodging of
reconvene the sitting.                                                     the appeal, annul, confirm or reduce the penalty imposed,
                                                                           without prejudice to the external rights of appeal open to
                                                                           the Member concerned. Should the Bureau fail to take a
                                                                           decision within the time-limit laid down, the penalty shall be
                                                                           declared null and void.
                                                              Amendment 14
                                                             Annex XVI a (new)
                                                                           ANNEX XVIa
                                                                           Guidelines for the interpretation of the standards of conduct
                                                                           of Members
                                                                           1. A distinction should be drawn between visual actions,
                                                                              which may be tolerated, provided they are not offensive
                                                                              and/or defamatory, remain within reasonable bounds and
                                                                              do not lead to conflict, and those which actively disrupt
                                                                              any parliamentary activity whatsoever.
                                                                           2. Members shall be held responsible for any failure by
                                                                              persons whom they employ or for whom they arrange
                                                                              access to Parliament to comply on Parliament's premises
                                                                              with the standards of conduct applicable to Members.
                                                                           The President or his representatives may exercise disci-
                                                                           plinary powers over such persons and any other outside
                                                                           person present on Parliament's premises.
              P6_TA(2006)0022
              Implementation of the European Charter for Small Enterprises
              European Parliament resolution on implementing the European Charter for Small Enterprises
                                                             (2005/2123(INI))
              The European Parliament,
              — having regard to its resolution of 9 March 2005 on the mid-term review of the Lisbon Strategy (1),
              — having regard to the Presidency Conclusions of the Lisbon European Council in March 2000;
              (1) OJ C 320 E, 15.12.2005, p. 164.