CELEX: 32010D1215(01)
Language: en
Date: 2010-12-13 00:00:00
Title: Decision of the Bureau of the European Parliament of 13 December 2010 amending the Implementing Measures for the Statute for Members of the European Parliament

15.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 340/6
            
         DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
   of 13 December 2010
   amending the Implementing Measures for the Statute for Members of the European Parliament
   2010/C 340/06
   THE BUREAU OF THE EUROPEAN PARLIAMENT,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 223(2) thereof,
   Having regard to the Statute for Members of the European Parliament (1)‘the Statute’,
   Having regard to Rules 8 and 23 of the Rules of Procedure of the European Parliament,
   Whereas:
   
               (1)
            
            
               By decision of the Bureau of the European Parliament of 11 and 23 November 2009, 14 December 2009, 19 April 2010 and 5 July 2010 (2), the Implementing Measures for the Statute for Members of the European Parliament (3)‘the Implementing Measures’ were amended, inter alia, with a view to enabling Members to waive their entitlement to reimbursement of medical expenses. In order to ensure a stable system, it is appropriate for any decision to waive that entitlement or to revoke that waiver to stand for at least 12 months. Like the previous amendment adding paragraphs 4 and 5 to Article 3 of the Implementing Measures, the amendment to those provisions introduced by this Decision should apply from 7 July 2010.
            
         
               (2)
            
            
               Under the rules governing the payment of expenses and allowances to Members of the European Parliament ‘the PEAM rules’, committee or subcommittee chairs received an annual allowance to meet the expenses incurred in connection with travel undertaken to attend conferences or events with a parliamentary dimension which deal with a matter of European interest falling within the sphere of responsibility of the chair's committee or subcommittee. In the first half of 2009, that allowance totalled EUR 4 148. That system has continued under the Implementing Measures. However, owing to an unfortunate clerical error, the figure was given as EUR 4 000. With effect from 1 January 2010, that error should be corrected.
            
         
               (3)
            
            
               Pursuant to Article 23 of the Implementing Measures, Members are entitled to the reimbursement of travel expenses incurred in the Member State in which they were elected. For travel by air, rail or boat, the limit is set at 24 return journeys; for car journeys, the specified maximum distance depends on the size of the Member State concerned. With a view to affording Members greater flexibility, it should be possible for Members who have exhausted the air, rail or boat journey allowance to convert part of the car journey allowance into the allowance for air, rail or boat journeys at the rate of one air, rail or boat journey for the equivalent of 2 % of the maximum number of kilometres allowed for the Member State of election of the Member concerned. The same should apply, mutatis mutandis, for Members who have exhausted their car journey allowance. This amendment should apply from 1 January 2011.
            
         
               (4)
            
            
               With a view to ensuring sound financial management, it is appropriate for applications for payment of the pension to which Members are entitled to be submitted within six months of the commencement of entitlement, except in cases of force majeure. If that deadline is not respected, the date on which enjoyment of the pension takes effect should be the first day of the month in which the application is received.
            
         
               (5)
            
            
               It is necessary to adapt the provision in the Implementing Measures relating to bank transfers in order to bring it into line with Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (4).
            
         
               (6)
            
            
               On the death of former Members who were in receipt of an invalidity pension under the PEAM rules, their dependants should be entitled to the survivor's pension under the same conditions as those which applied before the entry into force of the Statute,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   The Implementing Measures are amended as follows:
   
               1.
            
            
               In Article 3, paragraphs 4 and 5 are replaced by the following:
               ‘4.   Members and former Members in receipt of the transitional allowance provided for in Article 13 of the Statute or of a pension pursuant to Articles 14 and 15 of the Statute may waive their entitlement to reimbursement of medical expenses as provided for in paragraph 1 with effect from the first day of the month following the date of submission of the request. In that case they shall be entitled to reimbursement of two thirds of the contribution due for health insurance provided that the total amount reimbursed does not exceed EUR 400 per month.
               5.   Any Member or former Member who, pursuant to paragraph 4, waives his or her entitlement to reimbursement of medical expenses may not return to the system of entitlement to reimbursement of medical expenses as provided for in paragraph 1 until 12 months have elapsed from the date on which the waiver took effect. Likewise, any subsequent change, whether it concerns a return to the system of entitlement to reimbursement of medical expenses as provided for in paragraph 1 or a waiver of such entitlement, may be made only after a minimum period of 12 months.’;
            
         
               2.
            
            
               In Article 22, the first subparagraph of paragraph 3 is replaced by the following:
               ‘3.   The maximum annual amount which may be reimbursed in respect of the travel expenses actually incurred by committee or subcommittee chairs travelling to attend conferences or events which deal with a matter of European interest falling within the sphere of responsibility of their committee or subcommittee and which have a parliamentary dimension shall be EUR 4 148. Such participation shall require prior authorisation from the President of Parliament, following verification that appropriations up to the maximum amount indicated above are available.’;
            
         
               3.
            
            
               In Article 23, the following paragraph is inserted:
               ‘1a.   On written request, any Member who has exhausted his or her air, rail or boat journey allowance, as laid down in point (a) of paragraph 1, may convert his or her car journey allowance, as laid down in point (b) of paragraph 1, into the allowance for air, rail or boat journeys at the rate of a one-way air, rail or boat journey for the equivalent of 2 % of the maximum number of kilometres allowed for the Member State of election of the Member concerned.
               The same shall apply, mutatis mutandis, for any Member who has exhausted his or her car journey allowance.’;
            
         
               4.
            
            
               In Article 49(1), the following subparagraph is added:
               ‘Former Members or their legal representatives shall, except in cases of force majeure, submit their application for payment of the old-age pension within six months of the commencement of entitlement. After that deadline the date on which enjoyment of the old-age pension takes effect shall be the first day of the month in which the application is received.’;
            
         
               5.
            
            
               In Article 63, paragraph 1 is replaced by the following:
               ‘1.   Payments under these implementing measures shall be made by bank transfer in accordance with the provisions of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (5). Parliament shall bear the charges payable by the payer. Any other charges shall be payable by the payee.
            
         
               6.
            
            
               In Article 75(1), the following subparagraph is added:
               ‘Where a former Member in receipt of the invalidity pension dies after 14 July 2009, the survivor's pension shall be paid to his or her spouse, stable non-marital partner or dependent children, subject to the conditions laid down in Annex I to the PEAM Rules.’;
            
         
               7.
            
            
               The following Article is added:
               ‘Article 82
               Transitional regime for the waiver of reimbursement of medical expenses
               Members who, under Article 3(4), waive their right to reimbursement of medical expenses by 15 March 2011 shall be reimbursed under the conditions laid down in that paragraph, with retrospective effect from 14 July 2009 or else starting from the first month following the date of the last reimbursement of medical expenses made under Article 3(1).’.
            
         Article 2
   1.   This Decision shall enter into force the day following its publication in the Official Journal of the European Union.
   2.   This Decision shall apply from the same day, with the exception of the following provisions:
   
               (a)
            
            
               Article 1, point 1, which shall apply from 7 July 2010;
            
         
               (b)
            
            
               Article 1, point 2, which shall apply from 1 January 2010;
            
         
               (c)
            
            
               Article 1, point 3, which shall apply from 1 January 2011.
            
         
      (1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).
   
      (2)  OJ C 180, 6.7.2010, p. 1
   
   
      (3)  Decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159, 13.7.2009, p. 1).
   
      (4)  OJ L 319, 5.12.2007, p. 1.
   
      (5)  OJ L 319, 5.12.2007, p. 1.’;