CELEX: 52011DP0221
Language: en
Date: 2011-05-11 00:00:00
Title: Amendment of Parliament's Rules of Procedure following the establishment by Parliament and the Commission of a common Transparency Register European Parliament decision of 11 May 2011 on the amendment of Parliament’s Rules of Procedure following the establishment by the European Parliament and the Commission of a joint transparency register (2010/2292(REG))

7.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               CE 377/171
            
         Wednesday 11 May 2011Amendment of Parliament's Rules of Procedure following the establishment by Parliament and the Commission of a common Transparency Register
   P7_TA(2011)0221
   European Parliament decision of 11 May 2011 on the amendment of Parliament’s Rules of Procedure following the establishment by the European Parliament and the Commission of a joint transparency register (2010/2292(REG))
   2012/C 377 E/28
   
      The European Parliament,
   
               —
            
            
               having regard to the decision of the Conference of Presidents of 18 November 2010,
            
         
               —
            
            
               having regard to its decision of 11 May 2011 (1) approving the conclusion of the agreement between the European Parliament and the European Commission on the establishment of a transparency register,
            
         
               —
            
            
               having regard to Rules 211, 212 and 127(2) of its Rules of Procedure,
            
         
               —
            
            
               having regard to the report of the Committee on Constitutional Affairs (A7-0173/2011),
            
         
               1.
            
            
               Decides to amend its Rules of Procedure as shown below;
            
         
               2.
            
            
               Decides that the text of the agreement referred to above will be incorporated into its Rules of Procedure as Annex X, Part B;
            
         
               3.
            
            
               Decides that these amendments will enter into force on the date of entry into force of the agreement;
            
         
               4.
            
            
               Instructs its President to forward this decision to the Council and the Commission, for information.
            
         
               PRESENT TEXT
            
            
               AMENDMENT
            
         
               
                  Amendment 1
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Rule 9 – title
               
            
         
               
            
            
               
            
         
               
                  Amendment 2
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Rule 9 – paragraph 3 a (new)
               
            
         
                
            
            
               
                  
                     3a.
                     
                     At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants).
                  
               
            
         
               
                  Amendment 3
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Rule 9 – paragraph 4
               
            
         
               4.   
                     The Quaestors shall be responsible for issuing nominative passes valid for a maximum of one year to persons who wish to enter Parliament’s premises frequently in order to supply information to Members within the framework of their parliamentary mandate in their own interests or those of third parties.
                  
               
            
            
               4.   
                     Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau.
                  
               
            
         
               
                  
                     In return, these persons shall be required to:
                  
               
            
            
                
            
         
               
                           —
                        
                        
                           
                              
                                 respect the code of conduct published as an annex to the Rules of Procedure;
                              
                           
                        
                     
            
                
            
         
               
                           —
                        
                        
                           
                              
                                 sign a register kept by the Quaestors.
                              
                           
                        
                     
            
                
            
         
               
                  
                     This register shall be made available to the public on request in all of Parliament's places of work and, in the form laid down by the Quaestors, in its information offices in the Member States.
                  
               
            
            
                
            
         
               
                  
                     The provisions governing the application of this paragraph shall be laid down in an annex to these Rules of Procedure.
                  
               
            
            
                
            
         
                
            
            
               
                  
                     Such badges may be issued to:
                  
               
            
         
                
            
            
               
                           —
                        
                        
                           
                              
                                 persons whose names appear in the transparency register (2) or who represent or work for organisations whose names appear therein, although registration shall not confer an automatic right to such a badge;
                              
                           
                        
                     
         
                
            
            
               
                           —
                        
                        
                           
                              
                                 persons who wish to enter Parliament's premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register (3);
                              
                           
                        
                     
         
                
            
            
               
                           —
                        
                        
                           
                              
                                 Members’ local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions.
                              
                           
                        
                     
         
               
                  Amendment 4
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Rule 9 – paragraph 4 a (new)
               
            
         
                
            
            
               
                  
                     4a.
                     
                     Persons who sign the transparency register must, in the context of their relations with Parliament, respect:
                  
               
               
                           —
                        
                        
                           
                              
                                 the code of conduct annexed to the agreement (4);
                              
                           
                        
                     
                           —
                        
                        
                           
                              
                                 the procedures and other obligations laid down by the agreement; and
                              
                           
                        
                     
                           —
                        
                        
                           
                              
                                 the provisions of this Rule and its implementing provisions.
                              
                           
                        
                     
         
               
                  Amendment 5
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Rule 9 – paragraph 4 b (new)
               
            
         
                
            
            
               
                  
                     4b.
                     
                     The Quaestors shall determine to what extent the code of conduct is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement.
                  
               
            
         
               
                  Amendment 6
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Rule 9 – paragraph 4 c (new)
               
            
         
                
            
            
               
                  
                     4c.
                     
                     Badges shall be withdrawn by reasoned decision of the Quaestors in the following cases:
                  
               
               
                           —
                        
                        
                           
                              
                                 the holder has been struck off the transparency register, unless there are significant arguments against withdrawal;
                              
                           
                        
                     
                           —
                        
                        
                           
                              
                                 the holder has been guilty of a serious breach of the obligations laid down in paragraph 4a.
                              
                           
                        
                     
         
               
                  Amendment 7
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Rule 9 – paragraph 4 d (new)
               
            
         
                
            
            
               
                  
                     4d.
                     
                     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 agreement on the establishment of that register.
                  
               
               
                  
                     The provisions implementing paragraphs 4 to 4d shall be laid down in an annex (5).
                  
               
            
         
               
                  Amendment 8
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Annex I – Article 2 – paragraphs 2 and 3
               
            
         
               Members of Parliament shall refrain from accepting any 
                     other
                   gift or benefit in the performance of their duties.
            
            
               Members of Parliament shall refrain from accepting any gift or benefit in the performance of their duties.
            
         
               The declarations in the register shall be made under the personal responsibility of the Member and must be updated 
                     every year
                  .
            
            
               The declarations in the register shall be made under the personal responsibility of the Member and must be updated 
                     as soon as changes occur, and a fresh declaration shall be submitted at least once a year. Members shall bear full responsibility for the transparency of their financial interests.
                  
               
            
         
               
                  Amendment 9
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Annex X – title
               
            
         
               ANNEX X
            
            
               ANNEX X
            
         
               
            
            
               
            
         
                
            
            
               
            
         
               
                  Amendment 10
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Annex X – Article 1
               
            
         
               Article 1
               
            
            
               
                  Sole Article
            
         
               
                  Passes
               
            
            
               
                  Badges
               
            
         
               1.   The 
                     pass
                   shall consist of a plastic card bearing a photograph of the holder, indicating the holder's surname and forenames and the name of the firm, organisation or person for whom the holder works.
            
            
               1.   The 
                     long-term access badge
                   shall consist of a plastic card bearing a photograph of the holder, indicating the holder's surname and forenames and the name of the firm, organisation or person for whom the holder works.
            
         
               
                  
                     Pass-holders
                   shall at all times wear their 
                     pass
                   visibly on all Parliament premises. Failure to do so may lead to its withdrawal.
            
            
               
                  
                     Badge-holders
                   shall at all times wear their 
                     badge
                   visibly on all Parliament premises. Failure to do so may lead to its withdrawal.
            
         
               
                  
                     Passes
                   shall be distinguished by their shape and colour from the passes issued to occasional visitors.
            
            
               
                  
                     Badges
                   shall be distinguished by their shape and colour from the passes issued to occasional visitors.
            
         
               2.   
                     Passes
                   shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(
                     4
                  ).
            
            
               2.   
                     Badges
                   shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(
                     4a
                  ).
            
         
               Any 
                     dispute by a Member as to the activity of a representative or lobby
                   shall be referred to the Quaestors, who 
                     shall look into the matter and may decide whether to maintain or withdraw
                   the 
                     pass
                   concerned.
            
            
               Any 
                     complaint supported by facts which falls within the scope of the code of conduct annexed to the agreement on the establishment of the transparency register (6)
                     
                   shall be referred to 
                     the joint Transparency Register Secretariat. The Secretary-General of Parliament shall forward details of decisions to strike persons off the register to
                   the Quaestors, who 
                     shall take a decision on the withdrawal
                   of the 
                     badge
                   concerned.
            
         
                
            
            
               
                  
                     Notifications of decisions by the Quaestors to withdraw one or more badges shall include a request to the holders or the organisations they represent or for which they work to return the badges to Parliament within 15 days of receipt of the notification.
                  
               
            
         
               3.   
                     Passes
                   shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens.
            
            
               3.   
                     Badges
                   shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens.
            
         
               
                  Amendment 11
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Annex X – Article 2
               
            
         
               
                  Article 2
               
               
                  Assistants
               
               
                  
                     1.
                     
                     At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member.
                  
               
               
                  
                     Upon taking up their duties, registered assistants shall make a written declaration of their professional activities and any other remunerated functions or activities.
                  
               
               
                  
                     2.
                     
                     They shall have access to Parliament under the same conditions as staff of the Secretariat or the political groups.
                  
               
               
                  
                     3.
                     
                     All other persons, including those working directly with Members, shall only have access to Parliament under the conditions laid down in Rule 9(4).
                  
               
            
            
               
                  
                     deleted
                  
               
            
         
               
                  Amendment 12
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Annex X – Article 3
               
            
         
               
                  Article 3
               
               
                  Code of conduct
               
               
                  
                     1.
                     
                     In the context of their relations with Parliament, the persons whose names appear in the register provided for in Rule 9(4) shall:
                  
               
               
                           
                              
                                 (a)
                              
                           
                        
                        
                           
                              
                                 comply with the provisions of Rule 9 and this Annex;
                              
                           
                        
                     
                           
                              
                                 (b)
                              
                           
                        
                        
                           
                              
                                 state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of Parliament;
                              
                           
                        
                     
                           
                              
                                 (c)
                              
                           
                        
                        
                           
                              
                                 refrain from any action designed to obtain information dishonestly;
                              
                           
                        
                     
                           
                              
                                 (d)
                              
                           
                        
                        
                           
                              
                                 not claim any formal relationship with Parliament in any dealings with third parties;
                              
                           
                        
                     
                           
                              
                                 (e)
                              
                           
                        
                        
                           
                              
                                 not circulate for a profit to third parties copies of documents obtained from Parliament;
                              
                           
                        
                     
                           
                              
                                 (f)
                              
                           
                        
                        
                           
                              
                                 comply strictly with the provisions of Annex I, Article 2, second paragraph;
                              
                           
                        
                     
                           
                              
                                 (g)
                              
                           
                        
                        
                           
                              
                                 satisfy themselves that any assistance provided in accordance with the provisions of Annex I, Article 2 is declared in the appropriate register;
                              
                           
                        
                     
                           
                              
                                 (h)
                              
                           
                        
                        
                           
                              
                                 comply with the provisions of the Staff Regulations when recruiting former officials of the institutions;
                              
                           
                        
                     
                           
                              
                                 (i)
                              
                           
                        
                        
                           
                              
                                 comply with any rules laid down by Parliament on the rights and responsibilities of former Members;
                              
                           
                        
                     
                           
                              
                                 (j)
                              
                           
                        
                        
                           
                              
                                 in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently satisfy themselves that this is declared in the register provided for in Rule 9(4).
                              
                           
                        
                     
                  
                     2.
                     
                     Any breach of this Code of Conduct may lead to the withdrawal of the pass issued to the persons concerned and, if appropriate, their firms.
                  
               
            
            
               
                  
                     deleted
                  
               
            
         
               
                  Amendment 13
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Annex X – part B – title (new)
               
            
         
                
            
            
               
            
         
      (1)  Texts adopted, P7_TA(2011)0222.
   
      (2)  
         Register established by means of the agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed persons engaged in EU policy-making and policy implementation (see Annex X, Part B).
      
   
   
      (3)  
         See Annex X, Part B.
      
   
   
      (4)  
         See Annex 3 to the agreement set out in Annex X, Part B.
      
   
   
      (5)  
         See Annex X, Part A.
      
   
   
      (6)  
         See Annex 3 to the agreement set out in Part B of this Annex.