RoP

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Rules of Procedure of the European Parliament

Source: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20101110+0+DOC+PDF+V0//EN&language=EN

Linkn: http://www.europarl.europa.eu/parliament/expert/staticDisplay.do?language=EN&id=56


Code:

$ pdftotext -f 12 -l 230 -W 755 -H 755 -raw -nopgbrk RoP.pdf RoP.txt 

#!/usr/bin/perl

use strict;
use 5.010;

open INFILE, "<RoP.txt";
 
our @text;
our $text;
our $ruletext;
our $printline;

sub wikify_RoP_txt {
 @text = <INFILE>;
 $printline = "YES";
 $text = shift @text;
 while (@text) {
   if ($text =~ /^TITLE /) {print "\n==", substr($text, 0, -1) ,"==\n\n"; $printline = "NO";}
   if ($text =~ /^ANNEX /) {print "\n==", substr($text, 0, -1) ,"==\n\n"; $printline = "NO";} 
   if ($text =~ /^CHAPTER /) {print "\n===", substr($text, 0, -1) ,"===\n\n"; $printline = "NO";}
   if ($text =~ /^Rule /) {
     if ($text !~ /\./) {
       $ruletext = substr($text, 5);
       $ruletext =~ m/ /g;
       if (substr($text, 3+pos($ruletext), 1)=~ m/\w/) {
         print "\n====", substr($text, 0, 4+pos($ruletext)), "====\n\n", substr($text, 5+pos($ruletext), -1), "\n\n";
         $printline = "NO";
       }
     } 
   }
   if ($printline =~ /YES/) {
     if ($text =~ /^\d*\. /) {print "\n", substr($text, 0, -1)}
     else {
       if ($text =~ /\.$/) {print $text, "\n"}
       else {print substr($text, 0, -1)}
     }
   }
   $text = shift @text;
   $printline = "YES";
 }
}

print "Getting RoP...\n";
&wikify_RoP_txt;
print "Done.\n";

Contents

TITLE I MEMBERS, PARLIAMENT BODIES AND POLITICAL

GROUPS

CHAPTER 1 MEMBERS OF THE EUROPEAN PARLIAMENT

Rule 1

The European Parliament


1. The European Parliament is the assembly elected pursuant to the Treaties,the Act of 20 September 1976 concerning the election of the members of theEuropean Parliament by direct universal suffrage and national legislation derivingfrom the Treaties.


2. Persons elected to the European Parliament shall be referred to as:"Членове на Европейския парламент" in Bulgarian,"Diputados al Parlamento Europeo" in Spanish,"Poslanci Evropského parlamentu" in Czech,"Medlemmer af Europa-Parlamentet" in Danish,"Mitglieder des Europäischen Parlaments" in German,"Euroopa Parlamendi liikmed" in Estonian,"Βoυλευτές τoυ Ευρωπαϊκoύ Κoιvoβoυλίoυ" in Greek,"Members of the European Parliament" in English,"Députés au Parlement européen" in French,"Feisirí de Pharlaimint na hEorpa" in Irish,"Deputati al Parlamento europeo" in Italian,"Eiropas Parlamenta deputāti" in Latvian,"Europos Parlamento nariai" in Lithuanian,"Európai Parlamenti Képviselık" in Hungarian,"Membri tal-Parlament Ewropew" in Maltese,"Leden van het Europees Parlement" in Dutch,"Posłowie do Parlamentu Europejskiego" in Polish,"Deputados ao Parlamento Europeu" in Portuguese,"DeputaŃi în Parlamentul European" in Romanian,"Poslanci Európskeho parlamentu" in Slovak,"Poslanci Evropskega parlamenta" in Slovene,"Euroopan parlamentin jäsenet" in Finnish,"Ledamöter av Europaparlamentet" in Swedish.


Rule 2

The independent mandate

Members of the European Parliament shall exercise their mandate independently.

They shall not be bound by any instructions and shall not receive a binding mandate.


Rule 3

Verification of credentials


1. Following elections to the European Parliament, the President shall invitethe competent authorities of the Member States to notify Parliament without delay ofthe names of the elected Members so that all Members may take their seats inParliament with effect from the opening of the first sitting following the elections.

At the same time, the President shall draw the attention of those authorities to therelevant provisions of the Act of 20 September 1976 and invite them to take thenecessary measures to avoid any incompatibility with the office of Member of theEuropean Parliament.


2. Members whose election has been notified to Parliament shall declare inwriting, before taking their seat in Parliament, that they do not hold any officeincompatible with that of Member of the European Parliament within the meaning ofArticle 7(1) or (2) of the Act of 20 September 1976. Following general elections, thedeclaration shall be made, where possible, no later than six days prior to Parliament'sconstitutive sitting. Until such time as Members' credentials have been verified or aruling has been given on any dispute, and provided that they have previously signedthe above-mentioned written declaration, they shall take their seat in Parliament andon its bodies and shall enjoy all the rights attaching thereto.

Where it is established from facts verifiable from sources available to the public that aMember holds an office incompatible with that of Member of the EuropeanParliament, within the meaning of Article 7(1) and (2) of the Act of 20 September1976, Parliament, on the basis of the information provided by its President, shallestablish that there is a vacancy.


3. On the basis of a report by the committee responsible for the verificationof credentials, Parliament shall verify credentials without delay and rule on thevalidity of the mandate of each of its newly elected Members and also on any disputereferred to it pursuant to the provisions of the Act of 20 September 1976, except thosebased on national electoral laws.


4. The committee's report shall be based on the official notification by eachMember State of the full results of the election specifying the names of the candidateselected and those of any substitutes together with their ranking in accordance with theresults of the vote.

The validity of the mandate of a Member may not be confirmed unless the writtendeclarations required under this Rule and Annex I to these Rules have been made.

On the basis of a report by the committee, Parliament may at any time rule on anydispute as to the validity of the mandate of any of its Members.


5. Where the appointment of a Member is due to the withdrawal ofcandidates from the same list, the committee shall ensure that the withdrawals inquestion have taken place in accordance with the spirit and the letter of the Act of 20September 1976 and Rule 4(3).


6. The committee shall ensure that any information which may affect theperformance of the duties of a Member of the European Parliament or the ranking ofthe substitutes is forwarded to Parliament without delay by the authorities of theMember States or of the Union, with an indication of the date of effect in the case ofan appointment.

Should the competent authorities of the Member States initiate a procedure whichmight lead to the disqualification of a Member from holding office, the President shallask them to keep him regularly informed of the stage reached in the procedure andshall refer the matter to the committee responsible. On a proposal from thatcommittee, Parliament may adopt a position on the matter.


Rule 4

Term of office of Members


1. A Member's term of office shall begin and end as laid down in the Act of20 September 1976. It shall also end on death or resignation.


2. Every Member shall remain in office until the opening of the first sitting ofParliament following the elections.


3. Members who resign shall notify the President of their resignation and ofthe date on which that resignation is to take effect, which may not be more than threemonths after notification. This notification shall take the form of an official recorddrawn up in the presence of the Secretary-General or his representative, signed by thelatter and by the Member concerned and immediately submitted to the committeeresponsible, which shall enter it on the agenda of its first meeting following receipt ofthe document.

If the committee responsible considers that the resignation is not in accordance withthe spirit or the letter of the Act of 20 September 1976 it shall inform Parliament tothis effect so that Parliament can decide whether or not to establish the vacancy.

Otherwise, the vacancy shall be established with effect from the date indicated by theresigning Member in the official record. There shall be no vote in Parliament on thesubject.

A simplified procedure has been introduced for certain exceptional circumstances, inparticular where one or more part-sessions are held between the effective date of theresignation and the first meeting of the committee responsible and where, as thevacancy has not been established, the political group to which the resigning Memberbelongs is not able to obtain a replacement Member during those part-sessions. Underthis procedure, the rapporteur of the committee responsible entrusted with these caseshas the power to examine immediately any resignation duly notified and, where anydelay in considering the notification would be prejudicial, to refer the matter to thecommittee chair, requesting,pursuant to paragraph 3:- either that the President be informed on behalf of the committee that thevacancy may be established; or- that an extraordinary meeting of the committee be convened to examine anyspecific difficulties noted by the rapporteur.


4. Where the competent authority of a Member State notifies the President ofthe end of the term of office of a Member of the European Parliament pursuant to theprovisions of the law of that Member State, as a result either of incompatibilitieswithin the meaning of Article 7(3) of the Act of 20 September 1976 or withdrawal ofthe mandate pursuant to Article 13(3) of that Act, the President shall informParliament that the mandate ended on the date communicated by the Member Stateand shall invite the Member State to fill the vacant seat without delay.

Where the competent authorities of the Member States or of the Union or the Memberconcerned notify the President of an appointment or election to an office incompatiblewith the office of Member of the European Parliament within the meaning of Article7(1) or (2) of the Act of 20 September 1976, the President shall inform Parliament,which shall establish that there is a vacancy.


5. The authorities of the Member States or of the Union shall inform thePresident of any assignment they intend to confer on a Member. The President shallrefer to the committee responsible the question of the compatibility of the proposedassignment with the letter and the spirit of the Act of 20 September 1976 and shallinform Parliament, the Member and the authorities concerned of the conclusionsreached by that committee.


6. The following shall be considered as the date of the end of the term ofoffice and the effective date of a vacancy:- in the case of resignation: the date on which the vacancy is established byParliament, in accordance with the notification of resignation;- in the case of appointment or election to an office incompatible with the officeof Member of the European Parliament within the meaning of Article 7(1) or(2) of the Act of 20 September 1976: the date notified by the competentauthorities of the Member States or of the Union or by the Member concerned.


7. When Parliament has established that a vacancy exists, it shall inform theMember State concerned and invite it to fill the seat without delay.


8. Any dispute concerning the validity of the appointment of a Memberwhose credentials have already been verified shall be referred to the committeeresponsible, which shall report to Parliament without delay and no later than thebeginning of the next part-session.


9. Parliament shall reserve the right, where acceptance or termination ofoffice appears to be based on material inaccuracy or vitiated consent, to declare theappointment under consideration to be invalid or refuse to establish the vacancy.


Rule 5

Privileges and immunities


1. Members shall enjoy privileges and immunities in accordance with theProtocol on the Privileges and Immunities of the European Union.


2. Passes allowing Members to circulate freely in the Member States shall beissued to them by the President of Parliament as soon as he has been notified of theirelection.


3. Members shall be entitled to inspect any files held by Parliament or acommittee, other than personal files and accounts which only the Members concernedshall be allowed to inspect. Exceptions to this rule for the handling of documents towhich public access may be refused pursuant to Regulation (EC) No 1049/2001 of theEuropean Parliament and of the Council regarding public access to EuropeanParliament, Council and Commission documents are laid down in Annex VIII to theseRules of Procedure.


Rule 6

Waiver of immunity


1. In the exercise of its powers in respect of privileges and immunities,Parliament shall seek primarily to uphold its integrity as a democratic legislativeassembly and to secure the independence of its Members in the performance of theirduties.


2. Any request addressed to the President by a competent authority of aMember State that the immunity of a Member be waived shall be announced inParliament and referred to the committee responsible.


3. Any request addressed to the President by a Member or a former Memberto defend privileges and immunities shall be announced in Parliament and referred tothe committee responsible.

The Member or former Member may be represented by another Member. The requestmay not be made by another Member without the agreement of the Memberconcerned.


4. As a matter of urgency, in circumstances where Members are arrested orhave their freedom of movement curtailed in apparent breach of their privileges andimmunities, the President, after having consulted the chair and rapporteur of thecommittee responsible, may take an initiative to assert the privileges and immunitiesof the Member concerned. The President shall notify the committee of that initiativeand inform Parliament.


Rule 7

Procedures on immunity


1. The committee responsible shall consider without delay and in the order inwhich they have been submitted requests for the waiver of immunity or requests forthe defence of immunity and privileges.


2. The committee shall make a proposal for a reasoned decision whichrecommends the adoption or rejection of the request for the waiver of immunity or forthe defence of immunity and privileges.


3. The committee may ask the authority concerned to provide anyinformation or explanation which the committee deems necessary in order for it toform an opinion on whether immunity should be waived or defended. The Memberconcerned shall be given an opportunity to be heard, may present any documents orother written evidence deemed by that Member to be relevant and may be representedby another Member.


4. Where the request seeks the waiver of immunity on several counts, each ofthese may be the subject of a separate decision. The committee's report may,exceptionally, propose that the waiver of immunity should apply solely to prosecutionproceedings and that, until a final sentence is passed, the Member should be immunefrom any form of detention or remand or any other measure which prevents thatMember from performing the duties proper to the mandate.


5. Where Members are required to appear as witnesses or expert witnesses,there is no need to request a waiver of immunity, provided:- that they will not be obliged to appear on a date or at a time which preventsthem from performing, or makes it difficult for them to perform, theirparliamentary duties, or that they will be able to provide a statement in writingor in any other form which does not make it difficult for them to fulfil theirparliamentary duties;- that they are not obliged to testify concerning information obtainedconfidentially in the exercise of their mandate which they do not see fit todisclose.


6. In cases concerning the defence of immunity or privileges, the committeeshall state whether the circumstances constitute an administrative or other restrictionimposed on the free movement of Members travelling to or from the place of meetingof Parliament or an opinion expressed or a vote cast in the performance of themandate or fall within aspects of Article 10 of the Protocol on Privileges andImmunities which are not a matter of national law, and shall make a proposal to invitethe authority concerned to draw the necessary conclusions.


7. The committee may offer a reasoned opinion as to the competence of theauthority in question and the admissibility of the request, but shall not, under anycircumstances, pronounce on the guilt or otherwise of the Member nor on whether ornot the opinions or acts attributed to him or her justify prosecution, even if, inconsidering the request, it acquires detailed knowledge of the facts of the case.


8. The committee's report shall be placed at the head of the agenda of the firstsitting following the day on which it was tabled. No amendments may be tabled to theproposal(s) for a decision.

Discussion shall be confined to the reasons for and against each proposal to waive oruphold immunity, or to defend immunity or a privilege.

Without prejudice to Rule 151, the Member whose privileges or immunities are underconsideration shall not speak in the debate.

The proposal(s) for a decision contained in the report shall be put to the vote at thefirst voting time following the debate.

After Parliament has considered the matter, a separate vote shall be taken on each ofthe proposals contained in the report. If a proposal is rejected, the contrary decisionshall be deemed adopted.


9. The President shall immediately communicate Parliament's decision to theMember concerned and to the competent authority of the Member State concerned,with a request that the President be informed of any developments in the relevantproceedings and of any judicial rulings made as a consequence. When the Presidentreceives this information, he shall transmit it to Parliament in the way he considersmost appropriate, if necessary after consulting the committee responsible.


10. When the President makes use of the powers conferred on him by Rule6(4), the committee responsible shall take cognisance of the President's initiative at itsnext meeting. Where the committee deems it necessary it may prepare a report forsubmission to Parliament.


11. The committee shall treat these matters and handle any documentsreceived with the utmost confidentiality.


12. The committee, after consulting the Member States, may draw up anindicative list of the authorities of the Member States which are competent to presenta request for the waiver of a Member's immunity.


13. Any inquiry as to the scope of Members' privileges or immunities made bya competent authority shall be dealt with in accordance with the above rules.


Rule 8

Implementation of the Statute for Members

Parliament shall adopt the Statute for Members of the European Parliament and anymodification thereof on the basis of a proposal by the committee responsible. Rule138(1) shall apply mutatis mutandis. The Bureau shall be responsible for theapplication of these rules and shall decide on the financial envelopes on the basis ofthe annual budget.


Rule 9

Members' financial interests, standards of conduct and access to

Parliament 1. Parliament shall lay down rules governing the transparency of itsMembers' financial interests, which shall be attached to these Rules of Procedure asan annex1.

Those rules shall not in any way prejudice or restrict Members in the exercise of theiroffice or of any related political or other activity.


2. Members’ conduct shall be characterised by mutual respect, be based onthe values and principles laid down in the basic texts on which the European Union isfounded, respect the dignity of Parliament and not compromise the smooth conduct ofparliamentary business or disturb the peace and quiet of any of Parliament's premises.

Members shall comply with Parliament's rules on the treatment of confidentialinformation.

Failure to comply with those standards and rules may lead to application of measuresin accordance with Rules 152, 153 and 154.


3. The application of this Rule shall in no way detract from the liveliness ofparliamentary debates nor undermine Members’ freedom of speech.

It shall be based on full respect for Members’ prerogatives, as laid down in primarylaw and the Statute for Members.

1See Annex I.

It shall be based on the principle of transparency and be so undertaken that therelevant provisions are made clear to Members, who shall be informed individually oftheir rights and obligations.


4. The Quaestors shall be responsible for issuing nominative passes valid fora maximum of one year to persons who wish to enter Parliament's premises frequentlyin order to supply information to Members within the framework of theirparliamentary mandate in their own interests or those of third parties.

In return, those persons shall be required to:- respect the code of conduct published as an annex to these Rules ofProcedure2;- sign a register kept by the Quaestors.

That register shall be made available to the public on request in all of Parliament'splaces of work and, in the form laid down by the Quaestors, in its information officesin the Member States.

The provisions governing the application of this paragraph shall be laid down in anannex to these Rules of Procedure3.


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


Rule 10

Internal investigations conducted by the European Anti-Fraud Office

(OLAF)The common rules laid down in the Interinstitutional Agreement of 25 May 1999concerning internal investigations by the European Anti-Fraud Office (OLAF)comprising the measures needed to facilitate the smooth running of investigationsconducted by the Office shall be applicable within Parliament, pursuant to theParliament Decision annexed to these Rules of Procedure4.


Rule 11

Observers


1. Where a Treaty on the accession of a State to the European Union has beensigned, the President, after obtaining the agreement of the Conference of Presidents,may invite the parliament of the acceding State to appoint from among its ownmembers a number of observers equal to the number of future seats in the EuropeanParliament allocated to that State.


2. Those observers shall take part in the proceedings of Parliament pendingthe entry into force of the Treaty of Accession, and shall have a right to speak incommittees and political groups. They shall not have the right to vote or to stand forelection to positions in Parliament. Their participation shall not have any legal effecton Parliament's proceedings.

2See Annex X.

3See Annex X.

4See Annex XII.


3. Their treatment shall be assimilated to that of a Member of Parliament asregards the use of Parliament's facilities and the reimbursement of expenses incurredin their activities as observers.


4. Paragraph 1 shall apply mutatis mutandis pending the entry into force ofthe arrangement5whereby a number of additional seats in Parliament are allocated tocertain Member States until the end of the seventh parliamentary term. The MemberStates concerned shall be invited to designate observers in accordance with theirnational law.


CHAPTER 2 OFFICERS OF PARLIAMENT

Rule 12

Provisional Chair


1. At the sitting provided for under Rule 134(2), and at any other sitting heldfor the purpose of electing the President and the Bureau, the outgoing President or,failing him or her, one of the outgoing Vice-Presidents in order of precedence or, inthe absence of any of them, the Member having held office for the longest period shalltake the chair until the President has been elected.


2. No business shall be transacted while a Member is provisionally in thechair by virtue of paragraph 1 unless it is concerned with the election of the Presidentor the verification of credentials.

The Member who is provisionally in the chair by virtue of paragraph 1 exercises thepowers of the President referred to in the second subparagraph of Rule 3(2). Anyother matter relating to the verification of credentials that is raised when he or she isin the chair is referred to the committee responsible for the verification of credentials.


Rule 13

Nominations and general provisions


1. The President, Vice-Presidents and Quaestors shall be elected by secretballot, in accordance with Rule 169. Nominations shall be with consent. They mayonly be made by a political group or by at least 40 Members. However, if the numberof nominations does not exceed the number of seats to be filled, the candidates maybe elected by acclamation.


2. In the election of the President, Vice-Presidents and Quaestors, accountshould be taken of the need to ensure an overall fair representation of Member Statesand political views.


Rule 14

Election of President - opening address


1. The President shall be elected first. Nominations shall be handed beforeeach ballot to the Member provisionally in the chair by virtue of Rule 12, who shallannounce them to Parliament. If after three ballots no candidate has obtained anabsolute majority of the votes cast, the fourth ballot shall be confined to the twoMembers who have obtained the highest number of votes in the third ballot. In theevent of a tie the older candidate shall be declared elected.

5Pursuant to the conclusions of the European Council of 11 and 12 December 2008.


2. As soon as the President has been elected, the Member who isprovisionally in the chair by virtue of Rule 12 shall vacate the chair. Only the electedPresident may deliver an opening address.


Rule 15

Election of Vice-Presidents


1. The Vice-Presidents shall then be elected on a single ballot paper. Thosewho on the first ballot, up to the number of 14, secure an absolute majority of thevotes cast shall be declared elected in order of the number of votes obtained. If thenumber of candidates elected is less than the number of seats to be filled, a secondballot shall be held under the same conditions to fill the remaining seats. Should athird ballot be necessary, a relative majority shall suffice for election to the remainingseats. In the event of a tie the oldest candidates shall be declared elected.

Although this Rule, unlike Rule 14(1), does not expressly provide for new nominationsto be introduced between ballots during the election of Vice-Presidents, such action ispermissible because Parliament, being a sovereign body, must be able to consider allpossible candidates, especially since the absence of such an option might impede thesmooth running of the election.


2. Subject to the provisions of Rule 18(1), the Vice-Presidents shall takeprecedence in the order in which they were elected and, in the event of a tie, by age.

Where they are not elected by secret ballot, the order in which their names are readout to the House by the President shall determine the order of precedence.


Rule 16

Election of Quaestors

After the election of the Vice-Presidents, Parliament shall elect five Quaestors.

The Quaestors shall be elected by the same procedure as the Vice-Presidents.


Rule 17

Term of office of Officers


1. The term of office of the President, Vice-Presidents and Quaestors shall betwo-and-a-half years.

When Members change political groups they shall retain, for the remainder of theirtwo-and-a-half year term of office, any seat they hold in the Bureau or the College ofQuaestors.


2. Should a vacancy for one of these positions occur before the expiry of thisterm of office, the Member elected shall serve only for the remaining period of his orher predecessor's term of office.


Rule 18

Vacancies


1. Should it be necessary for the President, a Vice-President or a Quaestor tobe replaced, the successor shall be elected in accordance with the above rules.

A newly elected Vice-President shall take the place of his or her predecessor in theorder of precedence.


2. Should the President's seat become vacant, the first Vice-President shallact as President until a new President is elected.


Rule 19

Early termination of an office

The Conference of Presidents may, acting by a majority of three-fifths of the votescast, representing at least three political groups, propose to Parliament that itterminate the holding of office of the President, a Vice-President, a Quaestor, a Chairor Vice-Chair of a committee, a Chair or Vice-Chair of an interparliamentarydelegation, or any other holder of an office elected within the Parliament, where itconsiders that the Member in question has been guilty of serious misconduct. Such aproposal shall be approved by Parliament by a majority of two-thirds of the votes cast,constituting a majority of its component Members.


CHAPTER 3 BODIES AND DUTIES

Rule 20

Duties of the President


1. The President shall direct all the activities of Parliament and its bodiesunder the conditions laid down in these Rules and shall enjoy all the powers necessaryto preside over the proceedings of Parliament and to ensure that they are properlyconducted.

This provision can be interpreted as meaning that the powers conferred by it includethe power to put an end to the excessive use of motions such as points of order,procedural motions, explanations of vote and requests for separate, split or roll-callvotes where the President is convinced that these are manifestly intended to cause andwill result in, a prolonged and serious obstruction of the procedures of the House orthe rights of other Members.

The powers conferred by this provision include the power to put texts to the vote in anorder other than that set out in the document to be voted on. By analogy with Rule161(7), the President may seek the agreement of Parliament before doing so.


2. The duties of the President shall be to open, suspend and close sittings; torule on the admissibility of amendments, on questions to the Council andCommission, and on the conformity of reports with these Rules; to ensure observanceof these Rules, maintain order, call upon speakers, close debates, put matters to thevote and announce the results of votes; and to refer to committees anycommunications that concern them.


3. The President may speak in a debate only to sum up or to call speakers toorder. Should he wish to take part in a debate, he shall vacate the chair and shall notreoccupy it until the debate is over.


4. Parliament shall be represented in international relations, on ceremonialoccasions and in administrative, legal and financial matters by the President, who maydelegate these powers.


Rule 21

Duties of the Vice-Presidents


1. If the President is absent or unable to discharge his duties, or if he wishesto take part in a debate pursuant to Rule 20(3), he shall be replaced by one of theVice-Presidents in accordance with Rule 15(2).


2. The Vice-Presidents shall also carry out the duties conferred upon themunder Rules 23, 25(3) and (5) and 68(3).


3. The President may delegate to the Vice-Presidents any duties such asrepresenting Parliament at specific ceremonies or acts. In particular, the President maydesignate a Vice-President to take charge of the responsibilities conferred on thePresident in Rules 116(3) and 117(2).


Rule 22

Composition of the Bureau


1. The Bureau shall consist of the President and the 14 Vice-Presidents ofParliament.


2. The Quaestors shall be members of the Bureau in an advisory capacity. 3. If voting in the Bureau results in a tie, the President shall have the castingvote.


Rule 23

Duties of the Bureau


1. The Bureau shall carry out the duties assigned to it under the Rules ofProcedure.


2. The Bureau shall take financial, organisational and administrativedecisions on matters concerning the internal organisation of Parliament, its Secretariatand its bodies.


3. The Bureau shall take financial, organisational and administrativedecisions on matters concerning Members on a proposal of the Secretary-General orof a political group.


4. The Bureau shall take decisions on matters relating to the conduct ofsittings.

The term 'conduct of sittings' includes the matter of the conduct of Members within allof Parliament's premises.


5. The Bureau shall adopt the provisions referred to in Rule 33 concerningnon-attached Members.


6. The Bureau shall decide the establishment plan of the Secretariat and laydown regulations concerning the administrative and financial situation of officials andother servants.


7. The Bureau shall draw up Parliament's preliminary draft budget estimates. 8. The Bureau shall adopt the guidelines for the Quaestors in accordance withRule 26.


9. The Bureau shall be the authority responsible for authorising meetings ofcommittees away from the usual places of work, hearings and study and fact-findingjourneys by rapporteurs.

Where such meetings are authorised, the language arrangements shall be determinedon the basis of the official languages used and requested by the members andsubstitutes of the committee concerned.

The same shall apply in the case of the delegations, except where the members andsubstitutes concerned agree otherwise.


10. The Bureau shall appoint the Secretary-General in accordance with Rule207.


11. The Bureau shall lay down the implementing rules relating to Regulation(EC) No 2004/2003 of the European Parliament and of the Council on the regulationsgoverning political parties at European level and the rules regarding their funding. Inimplementing that Regulation, it shall assume the tasks conferred upon it by theseRules of Procedure.


12. The Bureau shall lay down rules concerning the treatment of confidentialinformation by Parliament and its bodies, office-holders and other Members, takinginto account any interinstitutional agreement concluded on such matters. Those rulesshall be published in the Official Journal of the European Union and annexed to theseRules of Procedure.


13. The President and/or the Bureau may entrust one or more members of theBureau with general or specific tasks lying within the competence of the Presidentand/or the Bureau. At the same time the ways and means of carrying them out shall belaid down.


14. The Bureau shall nominate two Vice-Presidents who shall be entrustedwith the implementation of relations with national parliaments.

They shall report back regularly to the Conference of Presidents on their activities inthis regard.


15. When a new Parliament is elected, the outgoing Bureau shall remain inoffice until the first sitting of the new Parliament.


Rule 24

Composition of the Conference of Presidents


1. The Conference of Presidents shall consist of the President of Parliamentand the Chairs of the political groups. The Chair of a political group may arrange tobe represented by a member of that group.


2. The President of Parliament shall invite one of the non-attached Membersto attend meetings of the Conference of Presidents, without having the right to vote.


3. The Conference of Presidents shall endeavour to reach a consensus onmatters referred to it.

Where a consensus cannot be reached, the matter shall be put to a vote subject to aweighting based on the number of Members in each political group.


Rule 25

Duties of the Conference of Presidents


1. The Conference of Presidents shall carry out the duties assigned to it underthese Rules of Procedure.


2. The Conference of Presidents shall take decisions on the organisation ofParliament's work and matters of legislative planning.


3. The Conference of Presidents shall be the authority responsible for mattersconcerning relations with the other institutions and bodies of the European Union andwith the national parliaments of Member States.


4. The Conference of Presidents shall be the authority responsible for mattersconcerning relations with non-member countries and with non-Union institutions andorganisations.


5. The Conference of Presidents shall be responsible for organising structuredconsultation with European civil society on major topics. This may include holdingpublic debates, open to participation by interested citizens, on subjects of generalEuropean interest. The Bureau shall appoint a Vice-President responsible for theimplementation of such consultations, who shall report back to the Conference ofPresidents.


6. The Conference of Presidents shall draw up the draft agenda ofParliament's part-sessions.


7. The Conference of Presidents shall be the authority responsible for thecomposition and competence of committees, committees of inquiry, jointparliamentary committees, standing delegations and ad hoc delegations.


8. The Conference of Presidents shall decide how seats in the Chamber are tobe allocated pursuant to Rule 34.


9. The Conference of Presidents shall be the authority responsible forauthorising the drawing up of own-initiative reports.


10. The Conference of Presidents shall submit proposals to the Bureau onadministrative and budgetary matters concerning the political groups.


Rule 26

Duties of the Quaestors

The Quaestors shall be responsible for administrative and financial matters directlyconcerning Members, in accordance with guidelines laid down by the Bureau.


Rule 27

Conference of Committee Chairs


1. The Conference of Committee Chairs shall consist of the Chairs of allstanding or special committees. It shall elect its chair.

In the absence of the Chair, the meeting of the Conference shall be chaired by theoldest Member, or, in the absence of the latter, by the oldest Member present.


2. The Conference of Committee Chairs may make recommendations to theConference of Presidents about the work of committees and the drafting of the agendaof part-sessions.


3. The Bureau and the Conference of Presidents may instruct the Conferenceof Committee Chairs to carry out specific tasks.


Rule 28

Conference of Delegation Chairs


1. The Conference of Delegation Chairs shall consist of the Chairs of allstanding interparliamentary delegations. It shall elect its chair.

In the absence of the Chair, the meeting of the Conference shall be chaired by theoldest Member, or, in the absence of the latter, by the oldest Member present.


2. The Conference of Delegation Chairs may make recommendations to theConference of Presidents about the work of the delegations.


3. The Bureau and the Conference of Presidents may instruct the Conferenceof Delegation Chairs to carry out specific tasks.


Rule 29

Accountability of the Bureau and the Conference of Presidents


1. The minutes of the Bureau and the Conference of Presidents shall betranslated into the official languages, printed and distributed to all Members ofParliament and shall be accessible to the public, unless the Bureau or the Conferenceof Presidents exceptionally, for reasons of confidentiality, as laid down in Article 4(1)to (4) of European Parliament and Council Regulation (EC) No 1049/2001, decidesotherwise with regard to certain items of the minutes.


2. Any Member may ask questions concerning the work of the Bureau, theConference of Presidents and the Quaestors. Such questions shall be submitted to thePresident in writing, notified to Members and published on Parliament's websitewithin 30 days of tabling, together with the answers given.


CHAPTER 4 POLITICAL GROUPS

Rule 30

Formation of political groups


1. Members may form themselves into groups according to their politicalaffinities.

Parliament need not normally evaluate the political affinity of members of a group. Informing a group together under this Rule, the Members concerned accept bydefinition that they have political affinity. Only when this is denied by the Membersconcerned is it necessary for Parliament to evaluate whether the group has beenconstituted in accordance with the Rules.


2. A political group shall comprise Members elected in at least one-quarter ofthe Member States. The minimum number of Members required to form a politicalgroup shall be 25.


3. If a group falls below the required threshold, the President, with theagreement of the Conference of Presidents, may allow it to continue to exist untilParliament's next constitutive sitting, provided the following conditions are met:- the members continue to represent at least one-fifth of the Member States;- the group has been in existence for a period longer than a year.

The President shall not apply this derogation where there is sufficient evidence tosuspect that it is being abused.


4. A Member may not belong to more than one political group. 5. The President shall be notified in a statement when a political group is setup. This statement shall specify the name of the group and the names of its membersand bureau members.


6. The statement shall be published in the Official Journal of the EuropeanUnion.


Rule 31

Activities and legal situation of the political groups


1. The political groups shall carry out their duties as part of the activities ofthe Union, including the tasks allocated to them by these Rules of Procedure. Thepolitical groups shall be provided with a secretariat on the basis of the establishmentplan of the Secretariat, with administrative facilities and with the appropriationsentered for that purpose in Parliament's budget.


2. The Bureau shall lay down the rules relating to the provision,implementation and monitoring of those facilities and appropriations, as well as to therelated delegations of budget implementation powers.


3. Those rules shall determine the administrative and financial consequencesin the event of the dissolution of a political group.


Rule 32

Intergroups


1. Individual Members may form Intergroups or other unofficial groupings ofMembers, to hold informal exchanges of views on specific issues across differentpolitical groups, drawing on members of different parliamentary committees, and topromote contact between Members and civil society.


2. Such groupings may not engage in any activities which might result inconfusion with the official activities of Parliament or of its bodies. Provided that theconditions laid down in the rules governing their establishment adopted by the Bureauare met, political groups may facilitate their activities by providing them withlogistical support. Such groupings shall declare any external support in accordancewith Annex I.


Rule 33

Non-attached Members


1. Members who do not belong to a political group shall be provided with asecretariat. The detailed arrangements shall be laid down by the Bureau on a proposalfrom the Secretary-General.


2. The Bureau shall determine the status and parliamentary rights of suchMembers.


3. The Bureau shall lay down the rules relating to the provision,implementation and auditing of appropriations entered in Parliament's budget to coverthe secretarial expenses and administrative facilities of non-attached Members.


Rule 34

Allocation of seats in the Chamber

The Conference of Presidents shall decide how seats in the Chamber are to beallocated to the political groups, the non-attached Members and the institutions of theEuropean Union.


TITLE II LEGISLATIVE, BUDGETARY AND OTHER

PROCEDURES

CHAPTER 1 LEGISLATIVE PROCEDURES - GENERAL

PROVISIONS

Rule 35

The Commission Work Programme


1. Parliament shall work together with the Commission and the Council todetermine the legislative planning of the European Union.

Parliament and the Commission shall cooperate in preparing the Commission WorkProgramme – which is the Commission’s contribution to the Union’s annual andmultiannual programming – in accordance with the timetable and arrangementsagreed between the two institutions and annexed to these Rules of Procedure6.


2. In urgent and unforeseen circumstances, an institution may, on its owninitiative and in accordance with the procedures laid down in the Treaties, proposeadding a legislative measure to those proposed in the Commission Work Programme.


3. The President shall forward the resolution adopted by Parliament to theother institutions which participate in the European Union's legislative procedure andto the parliaments of the Member States.

The President shall ask the Council to express an opinion on the Commission WorkProgramme and on Parliament's resolution.


4. Where an institution is unable to comply with the timetable laid down it isrequired to notify the other institutions as to the reasons for the delay and to propose anew timetable.


Rule 36

Respect for the Charter of Fundamental Rights of the European Union


1. Parliament shall in all its activities fully respect fundamental rights as laiddown in the Charter of Fundamental Rights of the European Union.

Parliament shall also fully respect the rights and principles enshrined in Article 2 andin Article 6(2) and (3) of the Treaty on European Union.


2. Where the committee responsible for the subject matter, a political groupor at least 40 Members are of the opinion that a proposal for a legislative act or partsof it do not comply with rights enshrined in the Charter of Fundamental Rights of theEuropean Union, the matter shall, at their request, be referred to the committeeresponsible for the interpretation of the Charter. The opinion of that committee shallbe annexed to the report of the committee responsible for the subject-matter.

6See Annex XIV.


Rule 37

Verification of legal basis


1. In the case of all proposals for legislative acts and other documents of alegislative nature, the committee responsible for the subject-matter shall first verifythe legal basis.


2. If that committee disputes the validity or the appropriateness of the legalbasis, including in the context of the verification under Article 5 of the Treaty onEuropean Union, it shall request the opinion of the committee responsible for legalaffairs.


3. The committee responsible for legal affairs may also on its own initiativetake up questions concerning the legal basis of the proposals for legislative acts. Insuch cases it shall duly inform the committee responsible for the subject-matter.


4. If the committee responsible for legal affairs decides to dispute the validityor the appropriateness of the legal basis, it shall report its conclusions to Parliament.

Parliament shall vote on this before voting on the substance of the proposal.


5. Amendments tabled in Parliament to change the legal basis of a proposalfor a legislative act without the committee responsible for the subject-matter or thecommittee responsible for legal affairs having disputed the validity or appropriatenessof the legal basis shall be inadmissible.


6. If the Commission does not agree to modify its proposal to conform to thelegal basis approved by Parliament, the rapporteur or the Chair of the committeeresponsible for legal affairs or of the committee responsible for the subject-mattermay propose that the vote on the substance of the proposal be postponed to asubsequent sitting.


Rule 37a

Delegation of legislative powers


1. When scrutinising a proposal for a legislative act which delegates powersto the Commission as provided for in Article 290 of the Treaty on the Functioning ofthe European Union, Parliament shall pay particular attention to the objectives,content, scope and duration of the delegation, and to the conditions to which it issubject.


2. The committee responsible for the subject-matter may at any time requestthe opinion of the committee responsible for the interpretation and application ofUnion law.


3. The committee responsible for the interpretation and application of Unionlaw may also, on its own initiative, take up questions concerning the delegation oflegislative powers. In such cases it shall duly inform the committee responsible for thesubject-matter.


Rule 38

Verification of financial compatibility


1. Where a proposal for a legislative act has financial implications,Parliament shall establish whether sufficient financial resources are provided.


2. Without prejudice to Rule 43, the committee responsible for the subject-matter shall verify the financial compatibility of any proposal for a legislative act, orany other document of a legislative nature, with the multiannual financial framework.


3. When the committee responsible for the subject-matter amends thefinancial endowment of the act it is considering, it shall request the opinion of thecommittee responsible for budgetary issues.


4. The committee responsible for budgetary issues may also on its owninitiative take up questions concerning the financial compatibility of proposals forlegislative acts. In such cases it shall duly inform the committee responsible for thesubject-matter.


5. If the committee responsible for budgetary issues decides to dispute thefinancial compatibility of the proposal, it shall report its conclusions to Parliamentwhich shall put them to the vote.


6. An act declared incompatible may be adopted by Parliament subject to thedecisions of the Budgetary Authority.


Rule 38a

Examination of respect for the principle of subsidiarity


1. During the examination of a proposal for a legislative act, Parliament shallpay particular attention to respect for the principles of subsidiarity andproportionality.


2. The committee responsible for respect of the principle of subsidiarity maydecide to make recommendations for the attention of the committee responsible forthe subject-matter in respect of any proposal for a legislative act.


3. If a national parliament sends the President a reasoned opinion inaccordance with Article 3 of the Protocol on the role of national parliaments in theEuropean Union and Article 6 of the Protocol on the application of the principles ofsubsidiarity and proportionality, that document shall be referred to the committeeresponsible for the subject-matter and forwarded for information to the committeeresponsible for respect of the principle of subsidiarity.


4. Except in the cases of urgency referred to in Article 4 of the Protocol onthe role of national parliaments in the European Union, the committee responsible forthe subject-matter shall not proceed to its final vote before the expiry of the deadlineof eight weeks laid down in Article 6 of the Protocol on the application of theprinciples of subsidiarity and proportionality.


5. Where reasoned opinions on the non-compliance of a proposal for alegislative act with the principle of subsidiarity represent at least one third of all thevotes allocated to the national parliaments or a quarter in the case of a proposal for alegislative act submitted on the basis of Article 76 of the Treaty on the Functioning ofthe European Union, Parliament shall not take a decision until the author of theproposal has stated how it intends to proceed.


6. Where, under the ordinary legislative procedure, reasoned opinions on thenon-compliance of a proposal for a legislative act with the principle of subsidiarityrepresent at least a simple majority of the votes allocated to the national parliaments,the committee responsible for the subject-matter, having considered the reasonedopinions submitted by the national parliaments and the Commission, and having heardthe views of the committee responsible for respect of the principle of subsidiarity,may recommend to Parliament that it reject the proposal on the grounds ofinfringement of the principle of subsidiarity or submit to Parliament any otherrecommendation, which may include suggestions for amendments related to respect ofthe principle of subsidiarity. The opinion given by the committee responsible forrespect of the principle of subsidiarity shall be annexed to any such recommendation.

The recommendation shall be submitted to Parliament for a debate and vote. If arecommendation to reject the proposal is adopted by a majority of the votes cast, thePresident shall declare the procedure closed. Where Parliament does not reject theproposal, the procedure shall continue, taking into account any recommendationsapproved by Parliament.


Rule 39

Access to documents and provision of information to Parliament


1. Throughout the legislative procedure Parliament and its committees shallrequest access to all documents relating to proposals for legislative acts under thesame conditions as the Council and its working parties.


2. During the examination of a proposal for a legislative act, the committeeresponsible shall ask the Commission and the Council to keep it informed of theprogress of that proposal in the Council and its working parties and in particular toinform it of any emerging compromises which will substantially amend the originalproposal, or of the author's intention to withdraw its proposal.


Rule 40

Representation of Parliament in Council meetings

When the Council invites Parliament to take part in a Council meeting in which theCouncil acts in a legislative capacity, the President shall ask the Chair or rapporteur ofthe committee responsible, or another Member designated by the committee, torepresent Parliament.


Rule 41

Rights of initiative conferred on Parliament by the Treaties

In cases where the Treaties confer a right of initiative on Parliament, the committeeresponsible may decide to draw up an own-initiative report.

The report shall comprise:a) a motion for a resolution;b) where appropriate, a draft decision or a draft proposal;c) an explanatory statement including, where appropriate, a financial statement.

Where the adoption of an act by Parliament requires the approval or the consent of theCouncil and the opinion or the consent of the Commission, Parliament may, followingthe vote on the proposed act, and on a proposal by the rapporteur, decide to postponethe vote on the motion for a resolution until the Council or the Commission havestated their position.


Rule 42

Initiative pursuant to Article 225 of the Treaty on the Functioning of the

European Union 1. Parliament may request the Commission, pursuant to Article 225 of theTreaty on the Functioning of the European Union, to submit to it any appropriateproposal for the adoption of a new act or the amendment of an existing act, byadopting a resolution on the basis of an own-initiative report drawn up by thecommittee responsible in accordance with Rule 48. The resolution shall be adopted bya majority of the component Members of Parliament in the final vote. Parliament may,at the same time, set a deadline for the submission of such a proposal.


2. Any Member may table a proposal for a Union act on the basis of the rightof initiative granted to Parliament under Article 225 of the Treaty on the Functioningof the European Union.


3. The proposal shall be submitted to the President, who shall refer it to thecommittee responsible for consideration. Before such referral, the proposal shall betranslated into those official languages which the Chair of that committee considersnecessary in order to make summary consideration possible. The committee shall takea decision on further action within three months of the referral, and after having heardthe author of the proposal.

Where the committee decides to submit the proposal to Parliament in accordance withthe procedure set out in Rule 48, the author of the proposal shall be named in the titleof the report.


4. Parliament's resolution shall indicate the appropriate legal basis and beaccompanied by detailed recommendations as to the content of the required proposals,which shall respect fundamental rights and the principle of subsidiarity.


5. Where a proposal has financial implications, Parliament shall indicate howsufficient financial resources can be provided.


6. The committee responsible shall monitor the progress of preparation ofany proposed legislative act drawn up following a particular request by Parliament.


Rule 43

Consideration of legislative documents


1. Proposals for legislative acts and other documents of a legislative natureshall be referred by the President to the committee responsible for consideration.

In cases of doubt the President may apply Rule 188(2) before the announcement inParliament of referral to the committee responsible.

In cases where a proposal is listed in the Commission Work Programme thecommittee responsible may decide to appoint a rapporteur to follow the preparatoryphase of the proposal.

Consultations by the Council or requests from the Commission for an opinion shall beforwarded by the President to the committee responsible for consideration of theproposal concerned.

The provisions for the first reading as set out in Rules 36 to 42, 53 to 59 and 71 shallapply to proposals for legislative acts whether they require one, two or three readings.


2. Council positions shall be referred for consideration to the committeeresponsible at the first reading.

The provisions for the second reading as set out in Rules 61 to 66 and 72 shall applyto Council positions.


3. During the conciliation procedure between Parliament and the Councilfollowing the second reading, no referral back to committee shall take place.

The provisions for the third reading as set out in Rules 67, 68 and 69 shall apply to theconciliation procedure.


4. Rules 45, 46, 49, 55(1) and (3), 56, 57 and 175 shall not apply during thesecond and third readings.


5. In the event of a conflict between a provision of the Rules of Procedurerelating to the second and third readings and any other provision of the Rules, theprovision relating to the second and third readings shall take precedence.


Rule 44

Legislative procedures on initiatives originating from Member States


1. Initiatives originating from Member States pursuant to Article 76 of theTreaty on the Functioning of the European Union shall be dealt with pursuant to thisRule and Rules 36 to 39, 43 and 55.


2. The committee responsible may invite representatives of the originatingMember States to present their initiative to the committee. The representatives may beaccompanied by the Presidency of the Council.


3. Before the committee responsible proceeds to the vote, it shall ask theCommission whether it is preparing an opinion on the initiative. In the affirmative, thecommittee shall not adopt its report before receiving the Commission’s opinion.


4. When two or more proposals originating from the Commission and/or theMember States with the same legislative objective have been submitted to Parliamentsimultaneously or within a short period of time, Parliament shall deal with them in asingle report. In its report, the committee responsible shall indicate to which text it hasproposed amendments and it shall refer to all other texts in the legislative resolution.


CHAPTER 2 PROCEDURE IN COMMITTEE

Rule 45

Legislative reports


1. The Chair of the committee to which a proposal for a legislative act isreferred shall propose to the committee the procedure to be followed.


2. Following a decision on the procedure to be followed, and if Rule 46 doesnot apply, the committee shall appoint a rapporteur on the proposal for a legislativeact from among its members or permanent substitutes if it has not yet done so on thebasis of the Commission Work Programme agreed under Rule 35.


3. The committee's report shall comprise:a) amendments, if any, to the proposal, accompanied, if appropriate, by shortjustifications which shall be the responsibility of the rapporteur and shall notbe put to the vote;b) a draft legislative resolution, in accordance with Rule 55(2);c) if appropriate, an explanatory statement including a financial statement whichestablishes the magnitude of any financial impact of the report and itscompatibility with the multiannual financial framework.


Rule 46

Simplified procedure


1. Following a first discussion of a proposal for a legislative act, the Chairmay propose that it be approved without amendment. Unless at least one-tenth of themembers of the committee object, the Chair shall present to Parliament a reportapproving the proposal. Rule 138(1), second subparagraph, (2) and (4) shall apply.


2. The Chair may alternatively propose that a set of amendments be draftedby the chair or by the rapporteur reflecting the committee's discussion. If thecommittee so agrees, these amendments shall be sent to the members of thecommittee. Unless at least one tenth of the members of the committee object within aset time limit, which may not be less than 21 days from the date of dispatch, the reportshall be deemed to have been adopted by the committee. In this case the draftlegislative resolution and the amendments shall be submitted to Parliament withoutdebate pursuant to Rule 138(1), second subparagraph, (2) and (4).


3. If at least one tenth of the committee's members object, the amendmentsshall be put to the vote at the next meeting of the committee.


4. The first and second sentences of paragraph 1, the first, second and thirdsentences of paragraph 2 and paragraph 3 shall apply, mutatis mutandis, to committeeopinions within the meaning of Rule 49.


Rule 47

Non-legislative reports


1. Where a committee draws up a non-legislative report, it shall appoint arapporteur from among its members or permanent substitutes.


2. The rapporteur shall be responsible for preparing the committee's reportand for presenting it to Parliament on behalf of the committee.


3. The committee's report shall comprise:a) a motion for a resolution;b) an explanatory statement including a financial statement which establishes themagnitude of any financial impact of the report and its compatibility with themultiannual financial framework;c) the texts of any motions for resolutions to be included under Rule 120(4).


Rule 48

Own-initiative reports


1. A committee intending to draw up a report and to submit to Parliament amotion for a resolution on a subject within its competence on which neither aconsultation nor a request for an opinion has been referred to it under Rule 188(1)may do so only with the authorisation of the Conference of Presidents. Where suchauthorisation is withheld the reason must always be stated. Where the subject of thereport is a proposal tabled by a Member pursuant to Rule 42(2), authorisation may bewithheld only if the conditions set out in Article 5 of the Statute for Members and inArticle 225 of the Treaty on the Functioning of the European Union are not met.

The Conference of Presidents takes a decision on requests for authorisation to drawup reports submitted pursuant to paragraph 1 on the basis of implementing provisionswhich it itself lays down. If a committee's competence to draw up a report for which ithas requested authorisation is challenged, the Conference of Presidents takes adecision within six weeks on the basis of a recommendation from the Conference ofCommittee Chairs, or, if no such recommendation is forthcoming, from its Chair. Ifthe Conference of Presidents fails to take a decision within that period, therecommendation is declared to have been approved.


2. Motions for resolutions contained in own-initiative reports shall beexamined by Parliament under the short presentation procedure set out in Rule 139.

Amendments to such motions for resolutions shall only be admissible forconsideration in plenary if tabled by the rapporteur to take account of new informationor by at least one-tenth of the Members of Parliament. Political groups may tablealternative motions for resolutions in accordance with Rule 157(4). This paragraphshall not apply in cases where the subject of the report qualifies for a key debate inplenary, where the report is drawn up pursuant to the right of initiative referred to in

Rule 41

or 42, or where the report can be considered a strategic report according to

the criteria set out by the Conference of Presidents7.


3. Where the subject of the report comes under the right of initiative referredto in Rule 41, authorisation may be withheld only on the grounds that the conditionsset out in the Treaties are not met.


4. In the cases referred to in Rule 41 and Rule 42, the Conference ofPresidents shall take a decision within two months.


Rule 49

Opinions of committees


1. If the committee to which a matter was first referred wishes to hear theviews of another committee, or if another committee wishes to make known its viewson the report of the committee to which a matter was first referred, such committeesmay ask the President in accordance with Rule 188(3), for one committee to be namedas the committee responsible and the other as the committee asked for an opinion.


2. In the case of documents of a legislative nature within the meaning ofRule 43(1), the opinion shall consist of amendments to the text referred to thecommittee accompanied where appropriate by short justifications. Such justificationsshall be the responsibility of the rapporteur for the opinion and shall not be put to thevote. If necessary the committee asked for an opinion may submit a short writtenjustification for the opinion taken as a whole.

7See the relevant decision of the Conference of Presidents, reproduced in AnnexXVIII to these Rules of Procedure.

In the case of non-legislative texts, the opinion shall consist of suggestions for parts ofthe motion for a resolution submitted by the committee responsible.

The committee responsible shall put these amendments or suggestions to the vote.

The opinions shall deal solely with those matters that fall within the areas ofresponsibility of the committee asked for an opinion.


3. The committee responsible shall set a deadline within which the committeeasked for an opinion must deliver it if it is to be taken into account by the committeeresponsible. Any changes to the announced timetable shall be immediatelycommunicated by the committee responsible to the committee(s) asked for an opinion.

The committee responsible shall not reach its final conclusions before that time-limithas expired.


4. All adopted opinions shall be annexed to the report of the committeeresponsible.


5. Only the committee responsible may table amendments in plenary. 6. The Chair and rapporteur of the committee asked for an opinion shall beinvited to take part in an advisory capacity in meetings of the committee responsible,insofar as these relate to the matter of common concern.


Rule 50

Procedure with associated committees

Where a question of competence is referred to the Conference of Presidents pursuantto Rules 188(2) or 48, and the Conference of Presidents, on the basis of Annex VII,considers that the matter falls almost equally within the competence of two or morecommittees, or that different parts of the matter fall within the competence of two ormore committees, Rule 49 shall apply with the following additional provisions:- the timetable shall be jointly agreed by the committees concerned;- the rapporteurs concerned shall keep each other informed and shall endeavourto agree on the texts they propose to their committees and on their positionregarding amendments;- the Chairs and rapporteurs concerned shall jointly identify areas of the textfalling within their exclusive or joint competence and agree on the precisearrangements for their cooperation. In the event of disagreement about thedelimitation of competences the matter shall be submitted, at the request ofone of the committees involved, to the Conference of Presidents, which maydecide on the question of the respective competences or decide that theprocedure with joint committee meetings under Rule 51 is to apply; the secondsubparagraph of Rule 188(2) shall apply mutatis mutandis;- the committee responsible shall accept without a vote amendments from anassociated committee where they concern matters which fall within theexclusive competence of the associated committee. If amendments on matterswhich fall within the joint competence of the committee responsible and anassociated committee are rejected by the former, the latter may table thoseamendments directly in plenary;- in the event of a conciliation procedure taking place on the proposal,Parliament's delegation shall include the rapporteur of any associatedcommittee.

The wording of this Rule does not lay down any limits to its scope. Requests forapplication of the procedure with associated committees concerning non-legislativereports based on Rules 48(1) and 119(1) and (2) are admissible.

For the purposes of examining international agreements under Rule 90, the procedurewith associated committees set out in this Rule may not be applied in relation to theconsent procedure under Rule 81.


Rule 51

Procedure with joint committee meetings

Where the conditions set out in Rule 49(1) and Rule 50 are fulfilled, the Conferenceof Presidents may, if it is satisfied that the matter is of major importance, decide that aprocedure with joint meetings of committees and a joint vote is to be applied. In thatevent, the rapporteurs concerned shall draw up a single draft report, which shall beexamined and voted on by the committees involved at joint meetings held under thejoint chairmanship of the committee Chairs concerned. The committees involved mayset up inter-committee working groups to prepare the joint meetings and votes.


Rule 52

Drafting of reports


1. The explanatory statement shall be the responsibility of the rapporteur andshall not be put to the vote. It must, however, accord with the text of the motion for aresolution as adopted and any amendments proposed by the committee. If it fails todo so, the chair of the committee may delete the explanatory statement.


2. The report shall state the result of the vote taken on the report as a whole.In addition, if at least one third of the members present so request when the vote istaken, the report shall indicate how each member voted.


3. Where the committee's opinion is not unanimous the report shall also givea summary of the minority opinion. Minority opinions shall be expressed when thevote on the text as a whole is taken and may, at the request of their authors, be thesubject of a written declaration not exceeding 200 words in length, annexed to theexplanatory statement.

The Chair shall settle any disputes which may arise as a result of the application ofthese provisions.


4. On a proposal from its bureau, a committee may set a deadline withinwhich the rapporteur must submit the draft report. This deadline may be extended or anew rapporteur appointed.


5. Once the deadline has expired, the committee may instruct its Chair to askfor the matter referred to it to be placed on the agenda of one of the next sittings ofParliament. The debates may then be conducted on the basis of an oral report by thecommittee concerned.


CHAPTER 3 FIRST READING

Committee stage

Rule 53

Modification of a proposal for a legislative act


1. If the Commission informs Parliament or if the committee responsiblebecomes otherwise aware that the Commission intends to modify its proposal, thecommittee responsible shall postpone its examination of the matter until it hasreceived the new proposal or the amendments of the Commission.


2. If the Council substantially modifies the proposal for a legislative act, theprovisions of Rule 59 shall apply.


Rule 54

Commission and Council position on amendments


1. Before the committee responsible proceeds to the final vote on a proposalfor a legislative act, it shall ask the Commission to state its position on all theamendments to the proposal adopted by the committee, and the Council to comment.


2. If the Commission is not in a position to make such a statement or declaresthat it is not prepared to accept all the amendments adopted by the committee, thenthe committee may postpone the final vote.


3. If appropriate, the position of the Commission shall be included in thereport.

Plenary stage

Rule 55

Conclusion of first reading


1. Parliament shall examine the proposal for a legislative act on the basis ofthe report drawn up by the committee responsible pursuant to Rule 45.


2. Parliament shall first vote on the amendments to the proposal with whichthe report of the committee responsible is concerned, then on the proposal, amendedor otherwise, then on the amendments to the draft legislative resolution, then on thedraft legislative resolution as a whole, which shall contain only a statement as towhether Parliament approves, rejects or proposes amendments to the proposal for alegislative act and any procedural requests.

The first reading is concluded if the draft legislative resolution is adopted. IfParliament does not adopt the legislative resolution, the proposal shall be referredback to the committee responsible.

All reports tabled under the legislative procedure should comply with Rules 37, 43and 45. Any non-legislative motion for a resolution tabled by a committee should bein accordance with the referral procedures provided for in Rule 48 or 188.


3. The text of the proposal as approved by Parliament and the accompanyingresolution shall be forwarded to the Council and theCommission by the President asParliament's position.


Rule 56

Rejection of a Commission proposal


1. If a Commission proposal fails to secure a majority of the votes cast or if amotion for its rejection, which may be tabled by the committee responsible or by atleast 40 Members, has been adopted, the President shall, before Parliament votes onthe draft legislative resolution, ask the Commission to withdraw the proposal.


2. If the Commission does so, the President shall declare the procedureclosed and shall inform the Council accordingly.


3. If the Commission does not withdraw its proposal, Parliament shall referthe matter back to the committee responsible without voting on the draft legislativeresolution, unless Parliament, on a proposal of the Chair or rapporteur of thecommittee responsible or of a political group or at least 40 Members, proceeds to voteon the draft legislative resolution.

In the event of referral back, the committee responsible shall decide on the procedureto be followed and shall, orally or in writing, report back to Parliament within a perioddecided by Parliament which may not exceed two months.


4. If the committee responsible is unable to meet the deadline, it shall requestreferral back to committee pursuant to Rule 175(1). If necessary, Parliament may set anew time-limit pursuant to Rule 175(5). If the committee's request is not accepted,Parliament shall proceed to the vote on the draft legislative resolution.


Rule 57

Adoption of amendments to a Commission proposal


1. Where the Commission proposal as a whole is approved, but on the basisof amendments which have also been adopted, the vote on the draft legislativeresolution shall be postponed until the Commission has stated its position on each ofParliament's amendments.

If the Commission is not in a position to make such a statement at the end ofParliament's vote on its proposal, it shall inform the President or the committeeresponsible as to when it will be in a position to do so; the proposal shall then beplaced on the draft agenda of the first part-session thereafter.


2. If the Commission announces that it does not intend to adopt allParliament's amendments, the rapporteur of the committee responsible, or else theChair of that committee, shall make a formal proposal to Parliament as to whether thevote on the draft legislative resolution should proceed. Before submitting thisproposal, the rapporteur or Chair of the committee responsible may ask the Presidentto suspend consideration of the item.

If Parliament decides to postpone the vote, the matter shall be deemed to be referredback to the committee responsible for reconsideration.

In this case, the committee responsible shall, orally or in writing, report to Parliamentwithin a period decided by Parliament which may not exceed two months.

If the committee responsible is unable to meet the deadline, the procedure providedfor in Rule 56(4) shall be applied.

Only amendments tabled by the committee responsible and seeking to reach acompromise with the Commission shall be admissible at this stage.


3. Application of paragraph 2 does not preclude a request for referral beingtabled by other Members pursuant to Rule 175.

A committee to which a matter has been referred back under paragraph 2 isprincipally required under the terms of that referral to report within the deadlinegiven and, where appropriate, to table amendments seeking to reach a compromisewith the Commission, but not to reconsider all the provisions approved byParliament.

However, within these terms of reference, in view of the suspensory effect of thereferral, the committee enjoys a greater degree of freedom and may, where necessaryin the interests of the compromise, propose reconsidering provisions which received afavourable vote in Parliament.

In such cases, in view of the fact that the only admissible amendments from thecommittee are those seeking to reach a compromise, and with a view to preservingParliament's sovereignty, the report referred to in paragraph 2 must clearly statewhich provisions already approved would fall if the proposed amendments wereadopted.

Follow-up procedure

Rule 58

Follow-up to Parliament's position


1. In the period following the adoption by Parliament of its position on aproposal by the Commission, the Chair and the rapporteur of the committeeresponsible shall monitor the progress of the proposal over the course of the procedureleading to its adoption by the Council, in particular to ensure that the undertakingsgiven by the Council or the Commission to Parliament concerning its position areproperly observed.


2. The committee responsible may invite the Commission and the Council todiscuss the matter with it.


3. At any stage of the follow-up procedure the committee responsible may, ifit deems it necessary, table a motion for a resolution under this Rule recommendingthat Parliament:- call upon the Commission to withdraw its proposal, or- call upon the Commission or the Council to refer the matter to Parliament onceagain pursuant to Rule 59, or upon the Commission to present a new proposal,or- decide to take such other action as it deems appropriate.

This motion shall be placed on the draft agenda of the part-session following thedecision by the committee.


Rule 59

Renewed referral to Parliament

Ordinary legislative procedure 1. The President shall, at the request of the committee responsible, ask theCommission to refer its proposal again to Parliament in cases:- where the Commission withdraws its initial proposal after Parliament hasadopted its position, in order to replace it with another text, except where thisis done in order to take account of Parliament's position; or- where the Commission substantially amends or intends to amend its initialproposal, except where this is done in order to take account of Parliament'sposition; or- where, through the passage of time or changes in circumstances, the nature ofthe problem with which the proposal is concerned substantially changes; or- where new elections to Parliament have taken place since it adopted itsposition, and the Conference of Presidents considers it desirable.


2. Parliament shall, at the request of the committee responsible, ask theCouncil to refer again to Parliament a proposal submitted by the Commissionpursuant to Article 294 of the Treaty on the Functioning of the European Union,where the Council intends to modify the legal basis of the proposal with the result thatthe ordinary legislative procedure will no longer apply.

Other procedures 3. At the request of the committee responsible, the President shall call on theCouncil to reconsult Parliament in the same circumstances and under the sameconditions as those set out in paragraph 1, and also where the Council substantiallyamends or intends to amend the proposal on which Parliament originally delivered itsopinion, except where this is done in order to incorporate Parliament's amendments.


4. The President shall also request that a proposal for an act be referred againto Parliament in the circumstances defined in this Rule where Parliament so decideson a proposal from a political group or at least 40 Members.


Rule 60

Deleted


CHAPTER 4 SECOND READING

Committee stage

Rule 61

Communication of the Council's position


1. Communication of the Council's position pursuant to Article 294 of theTreaty on the Functioning of the European Union takes place when it is announced bythe President in Parliament. The President shall make the announcement afterreceiving the documents which contain the position itself, all declarations made in theCouncil minutes when it adopted the position, the reasons which led the Council toadopt its position, and the Commission's position, duly translated into the officiallanguages of the European Union. The President's announcement shall be madeduring the part-session following the receipt of such documents.

Before making the announcement, the President establishes, after consulting theChair of the committee responsible and/or the rapporteur, that the text received isindeed a Council's first reading position and that the circumstances described in Rule59 do not apply. Failing this, the President, together with the committee responsibleand, where possible, in agreement with the Council, seeks an appropriate solution.


2. A list of such communications shall be published in the minutes of thesitting together with the name of the committee responsible.


Rule 62

Extension of time limits


1. The President shall, at the request of the Chair of the committeeresponsible in the case of time-limits for second reading, or at the request ofParliament's conciliation delegation in the case of time-limits for conciliation, extendthe limits in question in accordance with Article 294(14) of the Treaty on theFunctioning of the European Union.


2. The President shall notify Parliament of any extension of time limits underArticle 294(14) of the Treaty on the Functioning of the European Union, whether onthe initiative of Parliament or of the Council.


Rule 63

Referral to and procedure in the committee responsible


1. On the day of its communication to Parliament pursuant to Rule 61(1), theCouncil's position shall be deemed to have been referred automatically to thecommittee responsible and to the committees asked for their opinion at first reading.


2. The Council's position shall be entered as the first item on the agenda ofthe first meeting of the committee responsible following the date of itscommunication. The Council may be invited to present its position.


3. Unless otherwise decided, the rapporteur at second reading shall be thesame as at first reading.


4. The provisions for Parliament's second reading in Rule 66(2), (3) and (5)shall apply to the proceedings in the committee responsible; only members orpermanent substitutes of that committee may table proposals for rejection andamendments. The committee shall decide by a majority of the votes cast.


5. Before voting, the committee may request the Chair and rapporteur todiscuss amendments that have been tabled in the committee with the President of theCouncil or the latter's representative and with the Commissioner responsible present.

The rapporteur may table compromise amendments following such discussion.


6. The committee responsible shall submit a recommendation for secondreading proposing the approval, amendment or rejection of the position adopted by theCouncil. The recommendation shall include a short justification for the decisionproposed.

Plenary stage

Rule 64

Conclusion of second reading


1. The Council's position and, where available, the recommendation forsecond reading of the committee responsible shall automatically be placed on the draftagenda for the part-session whose Wednesday falls before and closest to the day ofexpiry of the period of three months or, if extended in accordance with Rule 62, offour months, unless the matter has been dealt with at an earlier part-session.

The recommendations for second reading submitted by parliamentary committees areequivalent to an explanatory statement in which the committee justifies its position inrelation to the Council's position. There is no vote on these texts.


2. The second reading shall be concluded when Parliament approves, rejectsor amends the Council's position within the time limits and in accordance with theconditions laid down by Article 294 of the Treaty on the Functioning of the EuropeanUnion.


Rule 65

Rejection of the Council's position


1. The committee responsible, a political group or at least 40 Members may,in writing and before a deadline set by the President, table a proposal to reject theCouncil's position. Such a proposal shall require for adoption the votes of a majorityof the component Members of Parliament. A proposal to reject the Council's positionshall be voted on before voting on any amendments.


2. Notwithstanding a vote by Parliament against the initial proposal to rejectthe Council's position, Parliament may, on the recommendation of the rapporteur,consider a further proposal for rejection after voting on the amendments and hearing astatement from the Commission pursuant to Rule 66(5).


3. If the Council's position is rejected, the President shall announce inParliament that the legislative procedure is closed.


Rule 66

Amendments to the Council's position


1. The committee responsible, a political group or at least 40 Members maytable amendments to the Council's position for consideration in Parliament.


2. An amendment to the Council's position shall be admissible only if itcomplies with Rules 156 and 157 and seeks:a) to restore wholly or partly the position adopted by Parliament at its firstreading; orb) to reach a compromise between the Council and Parliament; orc) to amend a part of the text of a Council's position which was not included in -or differs in content from - the proposal submitted at first reading and whichdoes not amount to a substantial change within the meaning of Rule 59; ord) to take account of a new fact or legal situation which has arisen since the firstreading.

The President's discretion to declare an amendment admissible or inadmissible maynot be questioned.


3. If new elections have taken place since the first reading, but Rule 59 hasnot been invoked, the President may decide to waive the restrictions on admissibilitylaid down in paragraph 2.


4. An amendment shall be adopted only if it secures the votes of a majority ofthe component Members of Parliament.


5. Before voting on the amendments, the President may ask the Commissionto state its position and the Council to comment.


CHAPTER 5 THIRD READING

Conciliation

Rule 67

Convening of the Conciliation Committee

Where the Council informs Parliament that it is unable to approve all Parliament'samendments to the Council's position, the President shall, together with the Council,agree to a time and place for a first meeting of the Conciliation Committee. The six-week or, if extended, eight-week deadline provided for in Article 294(10) of theTreaty on the Functioning of the European Union shall run from the day on which theCommittee first meets.


Rule 68

Delegation to the Conciliation Committee


1. Parliament's delegation to the Conciliation Committee shall consist of anumber of members equal to the number of members of the Council delegation.


2. The political composition of the delegation shall correspond to thecomposition of Parliament by political groups. The Conference of Presidents shalldetermine the exact number of Members from each political group.


3. The members of the delegation shall be appointed by the political groupsfor each conciliation case, preferably from among the members of the committeesconcerned, except for three members who shall be appointed as permanent membersof successive delegations for a period of 12 months. The three permanent membersshall be appointed by the political groups from among the Vice-Presidents and shallrepresent at least two different political groups. The chair and the rapporteur of thecommittee responsible in each case shall be members of the delegation.


4. The political groups represented on the delegation shall appointsubstitutes.


5. Political groups and non-attached Members not represented on thedelegation may each send one representative to any internal preparatory meeting ofthe delegation.


6. The delegation shall be led by the President or by one of the threepermanent members.


7. The delegation shall decide by a majority of its members. Its deliberationsshall not be public.

The Conference of Presidents shall lay down further procedural guidelines for thework of the delegation to the Conciliation Committee.


8. The results of the conciliation shall be reported by the delegation toParliament.

Plenary stage

Rule 69

Joint text


1. Where agreement on a joint text is reached within the ConciliationCommittee, the matter shall be placed on the agenda of a sitting of Parliament to beheld within six or, if extended, eight weeks of the date of approval of the joint text bythe Conciliation Committee.


2. The Chair or another designated member of Parliament's delegation to theConciliation Committee shall make a statement on the joint text, which shall beaccompanied by a report.


3. No amendments may be tabled to the joint text. 4. The joint text as a whole shall be the subject of a single vote. The joint textshall be approved if it secures a majority of the votes cast.


5. If no agreement is reached on a joint text within the ConciliationCommittee, the Chair or another designated member of Parliament's delegation to theConciliation Committee shall make a statement. This statement shall be followed by adebate.


CHAPTER 6 CONCLUSION OF THE LEGISLATIVE

PROCEDURE

Rule 70

Interinstitutional negotiations in legislative procedures


1. Negotiations with the other institutions aimed at reaching an agreement inthe course of a legislative procedure shall be conducted having regard to the Code ofConduct for negotiating in the context of the ordinary legislative procedure8.


2. Before entering into such negotiations, the committee responsible should,in principle, take a decision by a majority of its members and adopt a mandate,orientations or priorities.


3. If the negotiations lead to a compromise with the Council following theadoption of the report by the committee, the committee shall in any case bereconsulted before the vote in plenary.


Rule 71

First-reading agreement

Where, in accordance with Article 294(4) of the Treaty on the Functioning of theEuropean Union, the Council has informed Parliament that it has approvedParliament's position, the President, following finalisation in accordance withRule 180, shall announce in Parliament that the proposal has been adopted in thewording which corresponds to the position of Parliament.


Rule 72

Second-reading agreement

Where no motion to reject the Council's position, and no amendments to that position,are adopted under Rules 65 and 66 within the time limits set for tabling and voting onamendments or proposals to reject, the President shall announce in Parliament that theproposed act has been finally adopted. He shall, with the President of the Council,sign the proposed act and arrange for its publication in the Official Journal of theEuropean Union, in accordance with Rule 74.


Rule 73

Requirements for the drafting of legislative acts


1. Acts adopted jointly by Parliament and the Council in accordance with theordinary legislative procedure shall indicate the nature of the relevant act followed bythe serial number, the date of its adoption and an indication of its subject-matter.


2. Acts adopted jointly by Parliament and the Council shall contain thefollowing:a) "The European Parliament and the Council of the European Union";b) a reference to the provisions under which the act is adopted, preceded by thewords "Having regard to";c) a citation containing a reference to proposals submitted, opinions obtained andconsultations held;8See Annex XXI.

d) a statement of the reasons on which the act is based, introduced by the word"Whereas";e) a phrase such as "have adopted this Regulation" or "have adopted thisDirective" or "have adopted this Decision" or "have decided as follows",followed by the body of the act.


3. Acts shall be divided into articles, if appropriate grouped into chapters andsections.


4. The last article of an act shall specify the date of entry into force, wherethat date is before or after the twentieth day following publication.


5. The last article of an act shall be followed by:- the appropriate formulation, according to the relevant provisions of theTreaties, as to its applicability;- "Done at...", followed by the date on which the act was adopted;- "For the European Parliament The President", "For the Council ThePresident", followed by the name of the President of Parliament and of thePresident-in-Office of the Council at the time when the act was adopted.


Rule 74

Signing of adopted acts

After finalisation of the text adopted in accordance with Rule 180 and once it has beenverified that all the procedures have been duly completed, acts adopted in accordancewith the ordinary legislative procedure shall be signed by the President and theSecretary-General and shall be published in the Official Journal of the EuropeanUnion by the Secretaries-General of Parliament and of the Council.


CHAPTER 6a CONSTITUTIONAL MATTERS

Rule 74a

Ordinary Treaty revision


1. In accordance with Rules 41 and 48 the committee responsible may submitto Parliament a report containing proposals to the Council for amendment of theTreaties.


2. Where Parliament is consulted, in accordance with Article 48(3) of theTreaty on European Union, on a proposal for a decision of the European Council infavour of examining amendments to the Treaties, the matter shall be referred to thecommittee responsible. The committee shall draw up a report comprising:- a motion for a resolution which states whether Parliament approves or rejectsthe proposed decision and which may contain proposals for the attention of theConvention or of the conference of representatives of the governments of theMember States;- if appropriate, an explanatory statement.


3. If the European Council decides to convene a Convention, therepresentatives of Parliament shall be appointed by Parliament upon a proposal by theConference of Presidents.

Parliament’s delegation shall elect its leader and its candidates for membership of anysteering group or bureau set up by the Convention 4. Where the European Council requests Parliament's consent in relation to adecision not to convene a Convention for the examination of proposed amendments ofthe Treaties, the matter shall be referred to the committee responsible in accordancewith Rule 81.


Rule 74b

Simplified Treaty revision


1. In accordance with Rules 41 and 48 the committee responsible may submitto Parliament, in accordance with the procedure laid down in Article 48(6) of theTreaty on European Union, a report containing proposals to the European Council forrevision of all or part of the provisions of Part Three of the Treaty on the Functioningof the European Union.


2. Where Parliament is consulted, in accordance with Article 48(6) of theTreaty on European Union, on a proposal for a decision of the European Councilamending Part Three of the Treaty on the Functioning of the European Union, Rule74a(2) shall apply mutatis mutandis. In that event, the motion for a resolution maycontain proposals for amendments only of provisions of Part Three of the Treaty onthe Functioning of the European Union.


Rule 74c

Accession treaties


1. Any application by a European State to become a member of the EuropeanUnion shall be referred for consideration to the committee responsible.


2. Parliament may decide, on a proposal from the committee responsible, apolitical group or at least 40 Members, to request the Commission and the Council totake part in a debate before negotiations with the applicant State commence.


3. Throughout the negotiations the Commission and the Council shall informthe committee responsible regularly and fully of their progress, if necessary on aconfidential basis.


4. At any stage of the negotiations Parliament may, on the basis of a reportfrom the committee responsible, adopt recommendations and require these to be takeninto account before the conclusion of a Treaty for the accession of an applicant Stateto the European Union.


5. When the negotiations are completed, but before any agreement is signed,the draft agreement shall be submitted to Parliament for consent in accordance withRule 81.


Rule 74d

Withdrawal from the Union

If a Member State decides, pursuant to Article 50 of the Treaty on European Union, towithdraw from the Union, the matter shall be referred to the committee responsible.

Rule 74c shall apply mutatis mutandis. Parliament shall decide on consent to anagreement on the withdrawal by a majority of the votes cast.


Rule 74e

Breach by a Member State of fundamental principles


1. Parliament may, on the basis of a specific report of the committeeresponsible drawn up in accordance with Rules 41 and 48:a) vote on a reasoned proposal calling on the Council to act pursuant to Article7(1) of the Treaty on European Union;b) vote on a proposal calling on the Commission or the Member States to submita proposal pursuant to Article 7(2) of the Treaty on European Union;c) vote on a proposal calling on the Council to act pursuant to Article 7(3) or,subsequently, Article 7(4) of the Treaty on European Union.


2. Any request from the Council for consent in relation to a proposalsubmitted pursuant to Article 7(1) and (2) of the Treaty on European Union alongwith the observations submitted by the Member State in question shall be announcedto Parliament and referred to the committee responsible in accordance with Rule 81.

Except in urgent and justified circumstances, Parliament shall take its decision on aproposal from the committee responsible.


3. Decisions under paragraphs 1 and 2 shall require a two-thirds majority ofthe votes cast, constituting a majority of Parliament's component Members.


4. Subject to the authorisation of the Conference of Presidents, the committeeresponsible may submit an accompanying motion for a resolution. That motion for aresolution shall set out Parliament’s views on a serious breach by a Member State, onthe appropriate sanctions and on varying or revoking those sanctions.


5. The committee responsible shall ensure that Parliament is fully informedand, where necessary, asked for its views on all follow-up measures to its consent asgiven pursuant to paragraph 3. The Council shall be invited to outline developmentsas appropriate. On a proposal from the committee responsible, drawn up with theauthorisation of the Conference of Presidents, Parliament may adoptrecommendations to the Council.


Rule 74f

Composition of Parliament

In due time before the end of a parliamentary term, Parliament may, on the basis of areport drawn up by its committee responsible in accordance with Rule 41, make aproposal to modify its composition. The European Council’s draft decisionestablishing the composition of Parliament shall be examined in accordance with Rule81.


Rule 74g

Enhanced cooperation between Member States


1. Requests for the introduction of enhanced cooperation between MemberStates pursuant to Article 20 of the Treaty on European Union shall be referred by thePresident to the committee responsible for consideration. Rules 37, 38, 39, 43, 53 to59 and 81 shall apply as appropriate.


2. The committee responsible shall verify compliance with Article 20 of theTreaty on European Union and Articles 326 to 334 of the Treaty on the Functioning ofthe European Union.


3. Acts subsequently proposed under enhanced cooperation, once it isestablished, shall be dealt with in Parliament under the same procedures as whenenhanced cooperation does not apply. Rule 43 shall apply.


CHAPTER 7 BUDGETARY PROCEDURES

Rule 75

Multiannual financial framework

Where the Council requests Parliament's consent concerning the proposal for aregulation laying down the multiannual financial framework, the matter shall bereferred to the committee responsible in accordance with the procedure laid down inRule 81. Parliament’s consent shall require the votes of a majority of its componentMembers.


Rule 75a

Working documents


1. The following documents shall be made available to Members:a) the draft budget presented by the Commission;b) a summary by the Council of its deliberations on the draft budget;c) the Council’s position on the draft budget drawn up pursuant to Article 314(3)of the Treaty on the Functioning of the European Union;d) any draft decision on the provisional twelfths pursuant to Article 315 of theTreaty on the Functioning of the European Union.


2. Those documents shall be referred to the committee responsible. Anycommittee concerned may deliver an opinion.


3. If other committees wish to deliver opinions, the President shall set thetime limit within which these are to be communicated to the committee responsible.


Rule 75b

Consideration of the draft budget - first stage


1. Subject to the conditions set out below, any Member may table and speakin support of draft amendments to the draft budget.


2. Draft amendments shall be admissible only if they are presented in writing,bear the signatures of at least 40 Members or are tabled on behalf of a political groupor committee, specify the budget heading to which they refer and ensure themaintenance of a balance between revenue and expenditure. Draft amendments shallinclude all relevant information on the remarks to be entered against the budgetheading in question.

All draft amendments to the draft budget must be justified in writing.


3. The President shall set the time limit for the tabling of draft amendments. 4. The committee responsible shall deliver its opinion on the texts submittedbefore they are discussed in Parliament.

Draft amendments which have been rejected in the committee responsible shall not beput to the vote in Parliament unless this has been requested in writing, before adeadline to be set by the President, by a committee or at least 40 Members; thatdeadline may on no account be less than 24 hours before the start of the vote.


5. Draft amendments to the estimates of Parliament which are similar to thosealready rejected by Parliament at the time when the estimates were drawn up shall bediscussed only where the committee responsible has delivered a favourable opinion.


6. Notwithstanding Rule 55(2), Parliament shall take separate and successivevotes on:- each draft amendment,- each section of the draft budget,- a motion for a resolution concerning the draft budget.

However, Rule 161(4) to (8) shall apply.


7. Articles, chapters, titles and sections of the draft budget in respect ofwhich no draft amendments have been tabled shall be deemed adopted.


8. Draft amendments shall require for adoption the votes of a majority of thecomponent Members of Parliament.


9. If Parliament has amended the draft budget, the draft budget thus amendedshall be forwarded to the Council and the Commission, together with thejustifications.


10. The minutes of the sitting at which Parliament delivered its opinion on thedraft budget shall be forwarded to the Council and the Commission.


Rule 75c

Financial trilogue

The President shall participate in regular meetings between the Presidents of theEuropean Parliament, the Council and the Commission convened, on the initiative ofthe Commission, under the budgetary procedures referred to in Title II of Part Six ofthe Treaty on the Functioning of the European Union. The President shall take allnecessary steps to promote consultation and reconciliation of the positions of theinstitutions in order to facilitate the implementation of the procedures aforementioned.

The President of Parliament may delegate this task to a Vice-President havingexperience in budgetary matters or to the Chair of the committee responsible forbudgetary issues.


Rule 75d

Budgetary conciliation


1. The President shall convene the Conciliation Committee in accordancewith Article 314(4) of the Treaty on the Functioning of the European Union.


2. The delegation representing Parliament at meetings of the ConciliationCommittee in the budgetary procedure shall consist of a number of members equal tothat of the Council delegation.


3. The members of the delegation shall be appointed by the political groupseach year prior to Parliament’s vote on the Council's position, preferably fromamongst the members of the committee responsible for budgetary issues and othercommittees concerned. The delegation shall be led by the President of Parliament.

The President may delegate this role to a Vice-President having experience inbudgetary matters or to the Chair of the committee responsible for budgetary issues.


4. Rule 68(2), (4), (5), (7) and (8) shall apply. 5. Where agreement on a joint text is reached within the ConciliationCommittee, the matter shall be placed on the agenda of a sitting of Parliament to beheld within 14 days from the date of that agreement. The joint text shall be madeavailable to all Members. Rule 69(2) and (3) shall apply.


6. The joint text as a whole shall be subject to a single vote. The vote shall betaken by a roll-call vote. The joint text shall be deemed to be approved unless it isrejected by a majority of the component Members of the Parliament.


7. If Parliament approves the joint text whilst the Council rejects it, thecommittee responsible may table all or some of Parliament’s amendments to theCouncil's position for a confirmation in accordance with point (d) of Article 314(7) ofthe Treaty on the Functioning of the European Union.

The vote on the confirmation shall be placed on the agenda of a sitting of Parliamentto be held within 14 days from the date of the communication by the Council of itsrejection of the joint text.

The amendments shall be deemed to be confirmed if they are approved by a majorityof the component Members of Parliament and three fifths of the votes cast.


Rule 75e

Definitive adoption of the budget

Where the President is satisfied that the budget has been adopted in accordance withthe provisions of Article 314 of the Treaty on the Functioning of the European Union,he shall declare in Parliament that the budget has been definitively adopted. He shallarrange for its publication in the Official Journal of the European Union.


Rule 75f

Provisional twelfths system


1. Any decision by the Council authorising expenditure in excess of theprovisional one twelfth for expenditure shall be referred to the committee responsible.


2. The committee responsible may table a draft decision to reduce theexpenditure referred to in paragraph 1. Parliament shall decide on it within 30 daysafter the adoption of the Council's decision.


3. Parliament shall act by a majority of its component Members.

Rule 76

Discharge to the Commission in respect of implementation of the budget

The provisions concerning the procedures for implementing the decision on thegranting of discharge to the Commission in respect of the implementation of thebudget in accordance with the financial provisions of the Treaty on the Functioning ofthe European Union and the Financial Regulation are attached to these Rules as anannex9 . This annex shall be adopted in accordance with Rule 212(2).

Rule 77

Other discharge procedures

The provisions governing the procedure for granting discharge to the Commission inrespect of the implementation of the budget shall likewise apply to the procedure forgranting discharge to:- the President of the European Parliament in respect of the implementation ofthe budget of the European Parliament;- the persons responsible for the implementation of the budgets of otherinstitutions and bodies of the European Union such as the Council (as regardsits activity as executive), the Court of Justice of the European Union, the Courtof Auditors, the European Economic and Social Committee and theCommittee of the Regions;- the Commission in respect of the implementation of the budget of theEuropean Development Fund;- the bodies responsible for the budgetary management of legally independententities which carry out Union tasks, insofar as their activities are subject tolegal provisions requiring discharge by the European Parliament.


Rule 78

Parliamentary control over implementation of the budget


1. Parliament shall monitor the implementation of the current year's budget.It shall entrust this task to the committees responsible for the budget and budgetarycontrol and to the other committees concerned.


2. Each year it shall consider, before the first reading of the draft budget forthe following financial year, the problems involved in the implementation of thecurrent budget, where appropriate on the basis of a motion for a resolution tabled byits committee responsible.


CHAPTER 8 INTERNAL BUDGETARY PROCEDURES

Rule 79

Estimates of Parliament


1. The Bureau shall draw up the preliminary draft estimates on the basis of areport prepared by the Secretary-General.


2. The President shall forward the preliminary draft estimates to thecommittee responsible, which shall draw up the draft estimates and report toParliament.


3. The President shall set a time limit for tabling amendments to the draftestimates.

The committee responsible shall give its opinion on these amendments.


4. Parliament shall adopt the estimates.9See Annex VI.


5. The President shall forward the estimates to the Commission and theCouncil.


6. The foregoing provisions shall also apply to estimates for amendingbudgets.


Rule 79a

Procedure to be applied when drawing up Parliament's estimates


1. As regards Parliament's budget, the Bureau and the committee responsiblefor budgetary issues shall take decisions in successive stages on:a) the establishment plan;b) the preliminary draft and the draft estimates.


2. The decisions concerning the establishment plan will be taken inaccordance with the following procedure:a) the Bureau shall draw up the establishment plan for each financial year;b) a conciliation procedure between the Bureau and the committee responsiblefor budgetary issues shall be opened in cases where the opinion of the latterdiverges from the initial decisions taken by the Bureau;c) at the end of the procedure, the Bureau shall take the final decision on theestimates for the establishment plan, in accordance with Rule 207(3), withoutprejudice to decisions taken pursuant to Article 314 of the Treaty on theFunctioning of the European Union.


3. As regards the estimates proper, the procedure for drawing up theestimates will begin as soon as the Bureau has taken a final decision on theestablishment plan. The stages of that procedure will be those laid down in Rule 79. Aconciliation procedure shall be opened in cases where the positions of the committeeresponsible for budgetary issues and of the Bureau are widely divergent.


Rule 80

Power to incur and settle expenditure


1. The President shall incur and settle, or cause to be incurred and settled, theexpenditure covered by the internal financial regulations issued by the Bureau afterconsulting the appropriate committee.


2. The President shall forward the draft annual accounts to the committeeresponsible.


3. On the basis of a report by the committee responsible, Parliament shallapprove its accounts and decide on the granting of a discharge.


CHAPTER 9 CONSENT PROCEDURE

Rule 81

Consent procedure


1. Where Parliament is asked to give its consent to a proposed act, it shalltake a decision on the basis of a recommendation from the committee responsible toapprove or reject the act.

Parliament shall take a decision on the act requiring its consent under the Treaty onEuropean Union or the Treaty on the Functioning of the European Union by means ofa single vote, and no amendments may be tabled. The majority required for theadoption of the consent shall be the majority indicated in the article of the Treaty onEuropean Union or the Treaty on the Functioning of the European Union thatconstitutes the legal basis for the proposed act.


2. In the case of accession treaties and international agreements anddetermination of a serious and persistent breach of common principles by a MemberState, Rules 74c, 74e and 90 shall apply respectively. For an enhanced cooperationprocedure in an area covered by the ordinary legislative procedure, Rule 74g shallapply.


3. Where Parliament's consent is required for a proposed legislative act or anenvisaged international agreement, the committee responsible may decide, in theinterests of achieving a positive outcome of the procedure, to present an interim reporton the proposal to Parliament including a motion for a resolution containingrecommendations for modification or implementation of the proposed act.


CHAPTER 10 Deleted

Rule 82

Deleted


CHAPTER 11 OTHER PROCEDURES

Rule 83

Procedure for delivering opinions pursuant to Article 140 of the Treaty

on the Functioning of the European Union 1. When Parliament is consulted on Council recommendations pursuant toArticle 140(2) of the Treaty on the Functioning of the European Union, it shall, afterthe Council has presented those recommendations in plenary, deliberate on the basisof a proposal submitted orally or in writing by its committee responsible andadvocating approval or rejection of the recommendations on which Parliament hasbeen consulted.


2. Parliament shall then take a single collective vote on the recommendations,to which no amendments may be tabled.


Rule 84

Procedures relating to dialogue between management and labour


1. Any document drawn up by the Commission pursuant to Article 154 of theTreaty on the Functioning of the European Union or agreements reached bymanagement and labour pursuant to Article 155(1) of the Treaty, and any proposalssubmitted by the Commission under Article 155(2) of the Treaty shall be referred bythe President to the committee responsible for consideration.


2. Where management and labour inform the Commission of their wish toinitiate the process provided for in Article 155 of the Treaty on the Functioning of theEuropean Union, the committee responsible may draw up a report on the substantiveissue in question.


3. Where management and labour have reached an agreement and haverequested jointly that the agreement be implemented by a Council decision on aproposal from the Commission under Article 155(2) of the Treaty on the Functioningof the European Union, the committee responsible shall table a motion for a resolutionrecommending the adoption or rejection of the request.


Rule 85

Procedures for scrutiny of voluntary agreements


1. Where the Commission informs Parliament of its intention to explore theuse of voluntary agreements as an alternative to legislation, the committee responsiblemay draw up a report on the substantive issue in question pursuant to Rule 48.


2. When the Commission announces that it intends to enter into a voluntaryagreement, the committee responsible may table a motion for a resolutionrecommending approval or rejection of the proposal, and under what conditions.


Rule 86

Codification


1. When a proposal for codification of Union legislation is submitted toParliament, it shall be referred to the committee responsible for legal affairs. Thelatter shall examine it in accordance with the arrangements agreed at interinstitutionallevel10in order to ascertain that it is a straightforward codification, with no changes ofa substantive nature.


2. The committee which was responsible for the acts to be codified may, atits own request or at the request of the committee responsible for legal affairs, beasked to deliver an opinion on the desirability of codification.


3. Amendments to the text of the proposal shall be inadmissible.However, at the rapporteur's request, the Chair of the committee responsible for legalaffairs may submit for the latter’s approval, amendments relating to technicaladaptations, provided that those adaptations are necessary in order to ensure that theproposal complies with the codification rules and that they do not involve anysubstantive change to the proposal.


4. If the committee responsible for legal affairs concludes that the proposaldoes not entail any substantive change to Union legislation, it shall refer it toParliament for approval.

If the committee takes the view that the proposal entails a substantive change, it shallpropose that Parliament reject the proposal.

In either case, Parliament shall take a decision by means of a single vote, withoutamendment or debate.


Rule 87

Recasting


1. When a proposal recasting Union legislation is submitted to Parliament,that proposal shall be referred to the committee responsible for legal affairs and to thecommittee responsible for the subject-matter.

10Interinstitutional Agreement of 20 December 1994, Accelerated working method forofficial codification of legislative texts, point 4 (OJ C 102, 4.4.1996, p. 2).


2. The committee responsible for legal affairs shall examine the proposal inaccordance with the arrangements agreed at interinstitutional level11with a view tochecking that it entails no substantive changes other than those identified as such inthe proposal.

For the purpose of that examination, amendments to the text of the proposal shall beinadmissible. However, the second subparagraph of Rule 86(3) shall apply toprovisions which remain unchanged in the recasting proposal.


3. If the committee responsible for legal affairs considers that the proposaldoes not entail any substantive changes other than those identified as such in theproposal, it shall inform the committee responsible.

In such a case, over and above the conditions laid down in Rules 156 and 157,amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

However, if in accordance with point 8 of the Interinstitutional Agreement thecommittee responsible intends also to submit amendments to the codified parts of theproposal, it shall immediately notify its intention to the Council and to theCommission, and the latter should inform the committee, prior to the vote pursuant toRule 54, of its position on the amendments and whether or not it intends to withdrawthe recast proposal.


4. If the committee responsible for legal affairs considers that the proposalentails substantive changes other than those which have been identified as such in theproposal, it shall propose that Parliament reject the proposal and shall inform thecommittee responsible for the subject-matter that it has done so.

In such a case the President shall ask the Commission to withdraw the proposal. If theCommission does so, the President shall hold the procedure to be superfluous andshall inform the Council accordingly. If the Commission does not withdraw itsproposal, Parliament shall refer the matter back to the committee responsible for thesubject-matter, which shall consider it in accordance with the normal procedure.


Rule 87a

Delegated acts

Where a legislative act delegates to the Commission the power to supplement oramend certain non-essential elements of a legislative act, the committee responsible:- shall examine any draft delegated act where it is transmitted to Parliament forscrutiny;- may submit to Parliament in a motion for a resolution any appropriateproposal in accordance with the provisions of the legislative act.

The provisions of Rule 88(1), (2) and (3) shall apply mutatis mutandis.


Rule 88

Implementing measures


1. When the Commission forwards a draft of implementing measures toParliament, the President shall refer the draft of measures to the committee11Interinstitutional Agreement of 28 November 2001 on a more structured use of therecasting technique for legal acts, point 9 (OJ C 77, 28.3.2002, p. 1).

responsible for the act from which the implementing measures derive. If the procedurewith associated committees was applied with regard to the basic act, the committeeresponsible shall invite each of the associated committees to state its views orally orby letter.


2. The Chair of the committee responsible shall set a deadline for Membersto propose that the committee object to the draft of measures. If the committeeconsiders it to be appropriate, it may decide to appoint a rapporteur from among itsmembers or permanent substitutes. If the committee objects to the draft of measures, itshall table a motion for a resolution opposing the adoption of the draft of measureswhich may also indicate the changes that should be made to the draft of measures.

If, within the applicable deadline calculated from the date of receipt of the draft ofmeasures, Parliament adopts such a resolution the President shall ask the Commissionto withdraw or amend the draft of measures or submit a proposal under theappropriate legislative procedure.


3. If there is no part-session before the deadline expires, the right of responseshall be deemed to have been delegated to the committee responsible. This responseshall take the form of a letter from the committee chair to the Member of theCommission responsible, and shall be brought to the attention of all Members ofParliament.


4. If the implementing measures envisaged by the Commission fall under theregulatory procedure with scrutiny, paragraph 3 shall not apply and paragraphs 1 and2 shall be supplemented as follows:a) the time for scrutiny shall start to run when the draft of measures has beensubmitted to Parliament in all the official languages. Where shorter time-limitsapply (Article 5a(5)(b) of Council Decision 1999/468/EC laying down theprocedures for the exercise of implementing powers conferred on theCommission) and in cases of urgency (Article 5a(6) of Decision1999/468/EC), the time for scrutiny shall, unless the Chair of the committeeresponsible objects, start to run from the date of receipt by Parliament of thefinal draft implementing measures in the language versions submitted to themembers of the committee set up in accordance with Decision 1999/468/EC.


Rule 146

shall not apply in this case;

b) Parliament, acting by a majority of its component Members, may oppose theadoption of the draft of measures, justifying its opposition by indicating thatthe draft of measures exceeds the implementing powers provided for in thebasic instrument, is not compatible with the aim or the content of the basicinstrument or does not respect the principles of subsidiarity or proportionality;c) if the draft of measures is based on paragraph 5 or 6 of Article 5a of Decision1999/468/EC, which prescribes curtailed time limits for opposition byParliament, a motion for a resolution opposing the adoption of the draft ofmeasures may be tabled by the Chair of the committee responsible if thatcommittee has not been able to meet in the time available.


TITLE IIA EXTERNAL RELATIONS

CHAPTER 12 INTERNATIONAL AGREEMENTS

Rule 89

Deleted


Rule 90

International agreements


1. When it is intended to open negotiations on the conclusion, renewal oramendment of an international agreement, the committee responsible may decide todraw up a report or otherwise monitor the procedure and inform the Conference ofCommittee Chairs of that decision. Where appropriate, other committees may beasked for an opinion pursuant to Rule 49(1). Rules 188(2), 50 or 51 shall apply whereappropriate.

The Chairs and rapporteurs of the committee responsible and of any associatedcommittees shall jointly take appropriate action to ensure that Parliament is providedwith immediate, regular and full information, if necessary on a confidential basis, atall stages of the negotiation and conclusion of international agreements, including thedraft and the finally adopted text of negotiating directives, and with the informationreferred to in paragraph 3,- by the Commission in accordance with its obligations under the Treaty on theFunctioning of the European Union and its commitments under theFramework Agreement on relations between the European Parliament and theEuropean Commission, and- by the Council in accordance with its obligations under the Treaty on theFunctioning of the European Union.


2. Parliament may, on a proposal from the committee responsible, a politicalgroup or at least 40 Members, ask the Council not to authorise the opening ofnegotiations until Parliament has stated its position on the proposed negotiatingmandate on the basis of a report from the committee responsible.


3. The committee responsible shall ascertain from the Commission, at thetime when the negotiations are scheduled to start, the chosen legal basis forconcluding the international agreements referred to in paragraph 1. The committeeresponsible shall verify the chosen legal basis in accordance with Rule 37. Where theCommission fails to designate a legal basis, or where there is doubt about itsappropriateness, Rule 37 shall apply.


4. At any stage of the negotiations Parliament may, on the basis of a reportfrom the committee responsible, and after considering any relevant proposal tabledpursuant to Rule 121, adopt recommendations and require them to be taken intoaccount before the conclusion of the international agreement under consideration.


5. When the negotiations are completed, but before any agreement is signed,the draft agreement shall be submitted to Parliament for its opinion or consent. In thecase of the consent procedure Rule 81 shall apply.


6. Before the vote on the consent is taken, the committee responsible, apolitical group or at least one-tenth of the Members may propose that Parliament seekan opinion from the Court of Justice on the compatibility of an internationalagreement with the Treaties. If Parliament approves such a proposal, the vote on theconsent shall be adjourned until the Court has delivered its opinion.


7. Parliament shall give its opinion on, or its consent to, the conclusion,renewal or amendment of an international agreement or a financial protocol concludedby the European Union in a single vote by a majority of the votes cast. Noamendments to the text of the agreement or protocol shall be admissible.


8. If the opinion adopted by Parliament is unfavourable, the President shallask the Council not to conclude the agreement in question.


9. If Parliament withholds its consent to an international agreement, thePresident shall inform the Council that the agreement in question cannot beconcluded.


Rule 91

Procedures based on Article 218 of the Treaty on the Functioning of the

European Union in the case of the provisional application or suspension ofinternational agreements or the establishment of the Union's position in a bodyset up by an international agreementWhere the Commission, in accordance with its obligations under the Treaty on theFunctioning of the European Union and the Framework Agreement on relationsbetween the European Parliament and the European Commission, informs Parliamentand the Council of its intention to propose the provisional application or suspension ofan international agreement, a statement shall be made in Parliament, followed by adebate. Parliament may issue recommendations pursuant to Rule 90 or 97.

The same procedure shall apply when the Commission informs Parliament of aproposal concerning the positions to be adopted on the Union's behalf in a body set upby an international agreement.


CHAPTER 13 EXTERNAL REPRESENTATION OF THE UNION

AND THE COMMON FOREIGN AND SECURITY POLICY

Rule 92

Deleted


Rule 93

Special representatives


1. Where the Council intends to appoint a special representative under Article33 of the Treaty on European Union, the President, at the request of the committeeresponsible, shall invite the Council to make a statement and answer questionsconcerning the mandate, the objectives and other relevant matters relating to the tasksand role to be performed by the special representative.


2. Once the special representative has been appointed, but prior to taking upthe position, the appointee may be invited to appear before the committee responsibleto make a statement and answer questions.


3. Within three months of the hearing, the committee may propose arecommendation pursuant to Rule 121 relating directly to the statement made andanswers provided.


4. The special representative shall be invited to keep Parliament fully andregularly informed as to the practical implementation of the mandate.


5. A special representative appointed by the Council with a mandate inrelation to particular policy issues may be invited by Parliament, or may ask to beinvited, to make a statement to the committee responsible.


Rule 94

Deleted


Rule 95

International representation


1. When the head of a Union external delegation is to be appointed, thenominee may be invited to appear before the relevant body of Parliament to make astatement and answer questions.


2. Within three months of the hearing provided for in paragraph 1, thecommittee responsible may adopt a resolution or make a recommendation, asappropriate, relating directly to the statement made and the answers provided.


Rule 96

Consultation of, and provision of information to, Parliament within the

framework of the common foreign and security policy 1. When Parliament is consulted pursuant to Article 36 of the Treaty onEuropean Union, the matter shall be referred to the committee responsible which maymake recommendations pursuant to Rule 97.


2. The committees concerned shall seek to ensure that the Vice-President ofthe Commission/High Representative of the Union for Foreign Affairs and SecurityPolicy provides them with regular and timely information on the development andimplementation of the Union's common foreign and security policy, on the costsenvisaged each time that a decision entailing expenditure is adopted under that policyand on any other financial considerations relating to the implementation of actionsunder that policy. Exceptionally, at the request of the Vice-President/HighRepresentative, a committee may decide to hold its proceedings in camera.


3. Twice a year, a debate shall be held on the consultative document drawnup by the Vice-President/High Representative on the main aspects and basic choicesof the common foreign and security policy, including the common security anddefence policy and the financial implications for the Union budget. The procedureslaid down in Rule 110 shall apply.

(See also interpretation under Rule 121.) 4. The Vice-President/High Representative shall be invited to every plenarydebate that involves either foreign, security or defence policy.


Rule 97

Recommendations within the framework of the common foreign and

security policy 1. The committee responsible for the common foreign and security policymay draw up recommendations to the Council in its areas of responsibility afterobtaining authorisation from the Conference of Presidents or on a proposal under Rule121.


2. In urgent cases the authorisation referred to in paragraph 1 may be grantedby the President, who may likewise authorise an emergency meeting of the committeeconcerned.


3. During the procedure for adopting these recommendations, which must beput to the vote in the form of a written text, Rule 146 shall not apply and oralamendments shall be admissible.

The non-application of Rule 146 is possible only in committee and only in urgentcases. There may be no departure from the provisions of Rule 146 either in committeemeetings not declared to be urgent or in plenary sitting.

The provision stating that oral amendments are admissible means that Members maynot object to oral amendments being put to the vote in committee.


4. Recommendations drawn up in this way shall be included on the agendafor the next part-session. In urgent cases decided upon by the President,recommendations may be included on the agenda for a current part-session.

Recommendations shall be deemed adopted unless, before the beginning of the part-session, at least 40 Members submit a written objection, in which case thecommittee's recommendations shall be included on the agenda of the same part-session for debate and voting. A political group or at least 40 Members may tableamendments.


Rule 98

Breach of human rights

At each part-session, without requiring authorisation, the committees responsible mayeach table a motion for a resolution under the same procedure as laid down in Rule97(4) concerning cases of breaches of human rights.


CHAPTER 14 Deleted

Rule 99

Deleted


Rule 100

Deleted


Rule 101

Deleted


CHAPTER 15 Deleted

Rule 102

Deleted


TITLE III TRANSPARENCY OF BUSINESS

Rule 103

Transparency of Parliament's activities


1. Parliament shall ensure that its activities are conducted with the utmosttransparency, in accordance with the second paragraph of Article 1 of the Treaty onEuropean Union, Article 15 of the Treaty on the Functioning of the European Unionand Article 42 of the Charter of Fundamental Rights of the European Union.


2. Debates in Parliament shall be public. 3. Committees shall normally meet in public. They may, however, decide, atthe latest when the agenda for a meeting is adopted, to divide that agenda into itemsopen to the public and items closed to the public. However, if a meeting is held incamera, the committee may, subject to Article 4(1) to (4) of Regulation (EC) No1049/2001 of the European Parliament and of the Council, open documents andminutes from the meeting to public access. Rule 153 shall apply in the event of anybreach of the rules governing confidentiality.


4. Consideration by the committee responsible of requests relating toprocedures on immunity under Rule 7 shall always take place in camera.


Rule 104

Public access to documents


1. Any citizen of the Union and any natural or legal person residing or havingits registered office in a Member State has a right of access to Parliament documentsin accordance with Article 15 of the Treaty on the Functioning of the EuropeanUnion, subject to the principles, conditions and limits laid down in Regulation (EC)No 1049/2001 of the European Parliament and of the Council and pursuant to thespecific provisions contained in these Rules of Procedure.

Access to Parliament documents shall as far as possible be granted to other natural orlegal persons in the same way.

Regulation (EC) No 1049/2001 shall be published for information alongside the Rulesof Procedure.


2. For the purposes of access to documents, the term 'Parliament documents'means any content within the meaning of Article 3(a) of Regulation (EC) No1049/2001 which has been drawn up or received by officers of Parliament within themeaning of Title I, Chapter 2, of these Rules, by Parliament's governing bodies,committees or interparliamentary delegations, or by Parliament's Secretariat.

Documents drawn up by individual Members or political groups are Parliamentdocuments for the purposes of access to documents if they are tabled under the Rulesof Procedure.

The Bureau shall lay down rules to ensure that all Parliament documents areregistered.


3. Parliament shall establish a register of Parliament documents. Legislativedocuments and certain other categories of documents shall, in accordance withRegulation (EC) No 1049/2001, be made directly accessible through the register.

References to other Parliament documents shall as far as possible be included in theregister.

Categories of documents which are directly accessible shall be set out in a list adoptedby the Bureau and published on Parliament's website. This list shall not restrict theright of access to documents not falling within the categories listed; those documentsshall be made available on written application.

The Bureau may adopt rules, in accordance with Regulation (EC) No 1049/2001,laying down arrangements for access which shall be published in the Official Journalof the European Union.


4. The Bureau shall designate the bodies responsible for handling initialapplications (Article 7 of Regulation (EC) No 1049/2001) and shall adopt decisionson confirmatory applications (Article 8 of the Regulation) and applications forsensitive documents (Article 9 of the Regulation).


5. The Conference of Presidents shall designate Parliament's representativeson the interinstitutional committee established pursuant to Article 15(2) of Regulation(EC) No 1049/2001.


6. One of the Vice-Presidents shall be responsible for supervising thehandling of applications for access to documents.


7. Parliament's committee responsible shall, on the basis of informationprovided by the Bureau and drawn from other sources, prepare the annual reportreferred to in Article 17 of Regulation (EC) No 1049/2001 and submit it to theplenary.

The committee responsible shall also examine and evaluate the reports adopted by theother institutions and agencies in accordance with Article 17 of the Regulation.


TITLE IV RELATIONS WITH OTHER BODIES

CHAPTER 1 APPOINTMENTS

Rule 105

Election of the President of the Commission


1. When the European Council proposes a candidate for President of theCommission, the President shall request the candidate to make a statement and presenthis or her political guidelines to Parliament. The statement shall be followed by adebate.

The European Council shall be invited to take part in the debate.


2. Parliament shall elect the President of the Commission by a majority of itscomponent Members.

The vote shall be taken by secret ballot.


3. If the candidate is elected, the President shall inform the Councilaccordingly, asking it and the President-elect of the Commission to propose bycommon accord the nominees for the various posts of Commissioners.


4. If the candidate does not obtain the required majority, the President shallinvite the European Council to propose a new candidate within one month for electionin accordance with the same procedure.


Rule 106

Election of the Commission


1. The President shall, after consulting the President-elect of theCommission, request the nominees proposed by the President-elect of theCommission and by the Council for the various posts of Commissioner to appearbefore the appropriate committees according to their prospective fields ofresponsibility. These hearings shall be held in public.


2. The appropriate committee or committees shall invite the Commissioner-designate to make a statement and answer questions. The hearings shall be organisedin such a way as to enable Commissioners-designate to disclose to Parliament allrelevant information. Provisions relating to the organisation of the hearings shall belaid down in an annex to these Rules of Procedure12.


3. The President-elect shall present the college of Commissioners and theirprogramme at a sitting of Parliament which the whole Council shall be invited toattend. The statement shall be followed by a debate.


4. In order to wind up the debate, any political group or at least 40 Membersmay table a motion for a resolution. Rule 110(3), (4) and (5) shall apply.

Following the vote on the motion for a resolution, Parliament shall elect or reject theCommission by a majority of the votes cast.

12See Annex XVII.

The vote shall be taken by roll call.

Parliament may defer the vote until the next sitting.


5. The President shall inform the Council of the election or rejection of theCommission.


6. In the event of a substantial portfolio change during the Commission'sterm of office, the filling of a vacancy or the appointment of a new Commissionerfollowing the accession of a new Member State, the Commissioners concerned shallbe invited to appear before the committees responsible for the areas of responsibilityin question in accordance with paragraph 2.


Rule 107

Motion of censure on the Commission


1. A motion of censure on the Commission may be submitted to the Presidentby one tenth of the component Members of Parliament.


2. The motion shall be called 'motion of censure' and supported by reasons. Itshall be forwarded to the Commission.


3. The President shall announce to Members that a motion of censure hasbeen tabled immediately after receiving it.


4. The debate on censure shall not take place until at least 24 hours after thereceipt of a motion of censure is announced to Members.


5. The vote on the motion shall be by roll call and shall not be taken until atleast 48 hours after the beginning of the debate.


6. The debate and the vote shall take place, at the latest, during the part-session following the submission of the motion.


7. The motion of censure shall be adopted if it secures a two-thirds majorityof the votes cast, representing a majority of the component Members of Parliament.

The President of the Council and the President of the Commission shall be notified ofthe result of the vote.


Rule 107a

Nomination of Judges and Advocates-General at the Court of Justice

of the European UnionOn a proposal of its committee responsible, Parliament shall appoint its nominee tothe panel of seven persons charged with scrutinising the suitability of candidates tohold the office of Judge or Advocate-General of the Court of Justice and the GeneralCourt.


Rule 108

Appointment of the Members of the Court of Auditors


1. Candidates nominated as Members of the Court of Auditors shall beinvited to make a statement before the committee responsible and to answer questionsput by members. The committee shall vote on each nomination separately by secretballot.


2. The committee responsible shall make a recommendation to Parliament, inthe form of a report containing a separate proposal for a decision on each nominationas to whether the nomination should be approved.


3. The vote in plenary shall take place within two months of receipt of thenomination unless Parliament, at the request of the committee responsible, a politicalgroup or at least 40 Members, decides otherwise. Parliament shall vote on eachnomination separately by secret ballot and shall take its decision by a majority of thevotes cast.


4. If the opinion adopted by Parliament on an individual nomination isunfavourable, the President shall ask the Council to withdraw its nomination and tosubmit a new nomination to Parliament.


Rule 109

Appointment of the Members of the Executive Board of the European

Central Bank 1. The candidate nominated as President of the European Central Bank shallbe invited to make a statement before the committee responsible and to answerquestions put by members.


2. The committee responsible shall make a recommendation to Parliament asto whether the nomination should be approved.


3. The vote shall take place within two months of receipt of the nominationunless Parliament, at the request of the committee responsible, a political group or atleast 40 Members, decides otherwise.


4. If the opinion adopted by Parliament is unfavourable, the President shallask the Council to withdraw its nomination and to submit a new nomination toParliament.


5. The same procedure shall apply for nominations for Vice-President andother Executive Board Members of the European Central Bank.


CHAPTER 2 STATEMENTS

Rule 110

Statements by the Commission, Council and European Council


1. Members of the Commission, the Council and the European Council mayat any time ask the President of Parliament for permission to make a statement. ThePresident of the European Council shall make a statement after each of its meetings.

The President of Parliament shall decide when the statement may be made andwhether it is to be followed by a full debate or by 30 minutes of brief and concisequestions from Members.


2. When placing a statement with debate on its agenda, Parliament shalldecide whether or not to wind up the debate with a resolution. It shall not do so if areport on the same matter is scheduled for the same or the next part-session, unless thePresident, for exceptional reasons, proposes otherwise. If Parliament decides to windup a debate with a resolution, a committee, a political group or at least 40 Membersmay table a motion for a resolution.


3. Motions for resolutions shall be put to the vote on the same day. ThePresident shall decide on any exceptions. Explanations of vote shall be admissible.


4. A joint motion for a resolution shall replace the motions for resolutionstabled previously by its signatories, but not those tabled by other committees, politicalgroups or Members.


5. After a resolution has been adopted, no further motions may be put to thevote unless the President, exceptionally, decides otherwise.


Rule 111

Statements explaining Commission decisions

After consulting the Conference of Presidents, the President may invite the Presidentof the Commission, the Commissioner responsible for relations with the EuropeanParliament or, by agreement, another Commissioner, to make a statement toParliament after each meeting of the Commission, explaining the main decisionstaken. The statement shall be followed by a debate of at least 30 minutes in whichMembers may put brief and concise questions.


Rule 112

Statements by the Court of Auditors


1. In the context of the discharge procedure or of Parliament's activities in thesphere of budgetary control, the President of the Court of Auditors may be invited totake the floor in order to present the comments contained in the Annual Report,special reports or opinions of the Court, or in order to explain the Court's workprogramme.


2. Parliament may decide to hold a separate debate on any questions raised insuch statements with the participation of the Commission and Council, in particularwhen irregularities in financial management have been reported.


Rule 113

Statements by the European Central Bank


1. The President of the European Central Bank shall present to Parliament theBank's Annual Report on the activities of the European System of Central Banks andon the monetary policy of both the previous and the current year.


2. This presentation shall be followed by a general debate. 3. The President of the European Central Bank shall be invited to attendmeetings of the committee responsible at least four times a year in order to make astatement and to answer questions.


4. If they or Parliament so request, the President, Vice-President and otherMembers of the Executive Board of the European Central Bank shall be invited toattend additional meetings.


5. A verbatim report of the proceedings under paragraphs 3 and 4 shall bedrawn up in the official languages.


Rule 114

Recommendation on the broad guidelines of economic policies


1. The recommendation from the Commission on the broad guidelines of theeconomic policies of the Member States and the Union shall be presented to thecommittee responsible which shall submit a report to Parliament.


2. The Council shall be invited to inform Parliament of the content of itsrecommendation, and of the position taken by the European Council.


CHAPTER 3 PARLIAMENTARY QUESTIONS

Rule 115

Questions for oral answer with debate


1. Questions may be put to the Council or the Commission by a committee, apolitical group or at least 40 Members with a request that they be placed on theagenda of Parliament.

Such questions shall be submitted in writing to the President who shall immediatelyrefer them to the Conference of Presidents.

The Conference of Presidents shall decide whether and in what order questions shouldbe placed on the agenda. Questions not placed on Parliament's agenda within threemonths of being submitted shall lapse.


2. Questions to the Commission must be referred to that institution at leastone week before the sitting on whose agenda they are to appear and questions to theCouncil at least three weeks before that date.


3. Where the questions concern matters referred to in Article 42 of the Treatyon European Union, the time limit provided for in paragraph 2 of this Rule shall notapply, and the Council must reply sufficiently promptly to keep Parliament properlyinformed.


4. One of the questioners may move the question for five minutes. Onemember of the institution concerned shall answer.

The author of the question is entitled to use the whole period of speaking timementioned.


5. Rule 110(2) to (5) shall apply mutatis mutandis.

Rule 116

Question Time


1. Question Time with the Council and the Commission shall be held at eachpart-session at times decided by Parliament on a proposal from the Conference ofPresidents.


2. No Member may put more than one question to the Council and onequestion to the Commission at any given part-session.


3. Questions shall be submitted in writing to the President, who shall rule ontheir admissibility and on the order in which they are to be taken. The questioner shallbe notified immediately of this decision.


4. The detailed procedure shall be governed by guidelines laid down in anannex to these Rules of Procedure13.


5. In accordance with guidelines established by the Conference of Presidents,specific question hours may be held with the President of the Commission, with theVice-President of the Commission/High Representative of the Union for ForeignAffairs and Security Policy and with the President of the Eurogroup.


Rule 117

Questions for written answer


1. Any Member may put questions for written answer to the President of theEuropean Council, the Council, the Commission or the Vice-President of theCommission/High Representative of the Union for Foreign Affairs and SecurityPolicy in accordance with guidelines laid down in an annex to these Rules ofProcedure14 . The content of questions shall be the sole responsibility of their authors. 2. Questions shall be submitted in writing to the President who shall forwardthem to the addressees. Doubts concerning the admissibility of a question shall besettled by the President. The questioner shall be notified of his decision.


3. If a question cannot be answered within the time limit set it shall, at therequest of the author, be placed on the agenda for the next meeting of the committeeresponsible. Rule 116 shall apply mutatis mutandis.


4. Questions which require an immediate answer but not detailed research(priority questions) shall be answered within three weeks of being forwarded to theaddressees. Each Member may table one priority question each month.

Other questions (non-priority questions) shall be answered within six weeks of beingforwarded to the addressees.

Members shall indicate which type of question they are submitting. The final decisionshall be taken by the President.


5. Questions and answers shall be published in the Official Journal of theEuropean Union.


Rule 118

Questions for written answer to the European Central Bank


1. Any Member may put questions for written answer to the EuropeanCentral Bank in accordance with guidelines laid down in an annex to these Rules ofProcedure15.


2. Such questions shall be submitted in writing to the Chair of the committeeresponsible, who shall forward them to the European Central Bank.


3. The questions and answers shall be published in the Official Journal of theEuropean Union.

13See Annex II.

14See Annex III.

15See Annex III.


4. If a question has not received a reply by the required deadline, it shall beincluded at the request of its author, on the agenda for the next meeting of thecommittee responsible with the President of the European Central Bank.


CHAPTER 4 REPORTS OF OTHER INSTITUTIONS

Rule 119

Annual and other reports of other institutions


1. Annual and other reports of other institutions on which the Treatiesprovide for consultation of the European Parliament or other legal provisions requirean opinion by the European Parliament shall be dealt with in a report submitted to theplenary.


2. Annual and other reports of other institutions not covered by paragraph 1shall be referred to the committee responsible, which may propose drawing up areport under Rule 48.


CHAPTER 5 RESOLUTIONS AND RECOMMENDATIONS

Rule 120

Motions for resolutions


1. Any Member may table a motion for a resolution on a matter falling withinthe spheres of activity of the European Union.

The motion may not comprise more than 200 words.


2. The committee responsible shall decide what procedure is to be adopted.It may combine the motion for a resolution with other motions for resolutions orreports.

It may adopt an opinion, which may take the form of a letter.

It may decide to draw up a report under Rule 48.


3. The authors of a motion for a resolution shall be informed of the decisionsof the committee and of the Conference of Presidents.


4. The report shall contain the text of the motion for a resolution. 5. Opinions in the form of a letter addressed to other institutions of theEuropean Union shall be forwarded by the President.


6. The author or authors of a motion for a resolution tabled under Rule110(2), 115(5) or 122(2) shall be entitled to withdraw it before the final vote.


7. A motion for a resolution tabled in accordance with paragraph 1 may bewithdrawn by its author, authors or first signatory before the committee responsiblehas decided, in accordance with paragraph 2, to draw up a report on it.

Once the motion has been thus taken over by the committee, only the committee shallbe empowered to withdraw it up until the opening of the final vote.


8. A withdrawn motion for a resolution may be taken over and retabledimmediately by a group, a committee or the same number of Members as is entitled totable it.

Committees have a duty to ensure that motions for resolutions tabled under this Rulewhich meet the requirements laid down are followed up and duly referred to in theresulting documents.


Rule 121

Recommendations to the Council


1. A political group or at least 40 Members may table a proposal for arecommendation to the Council on subjects under Title V of the Treaty on EuropeanUnion, or in cases where Parliament has not been consulted on an internationalagreement falling within the scope of Rules 90 or 91.


2. Such proposals shall be referred to the committee responsible forconsideration.

Where appropriate, the committee shall refer the matter to Parliament in accordancewith the procedures laid down in these Rules.


3. If it presents a report, the committee responsible shall submit to Parliamenta proposal for a recommendation to the Council, together with a brief explanatorystatement and, where appropriate, the opinions of the committees consulted.

No prior authorisation from the Conference of Presidents is required for theapplication of this paragraph.


4. The provisions of Rule 97 shall apply.

Rule 122

Debates on cases of breaches of human rights, democracy and the rule

of law 1. A committee, an interparliamentary delegation, a political group or at least40 Members may ask the President in writing for a debate to be held on an urgent caseof a breach of human rights, democracy and the rule of law (Rule 137(3)).


2. The Conference of Presidents shall draw up a list of subjects to be includedin the final draft agenda for the next debate on cases of breaches of human rights,democracy and the rule of law on the basis of the requests referred to in paragraph 1and in accordance with the provisions of Annex IV. The total number of subjectsincluded in the agenda shall not exceed three, including sub-chapters.

In accordance with Rule 140, Parliament may abandon a topic due to be debated andreplace it with an unscheduled topic. Motions for resolutions on the subjects chosenshall be tabled by the evening of the day on which the agenda is adopted. ThePresident shall set the precise deadline for tabling such motions for resolutions.


3. The total speaking time for the political groups and non-attached Membersshall be allocated in accordance with the procedure laid down in Rule 149(4) and (5)within the maximum time for debates of 60 minutes per part-session.

Any time remaining after deducting the time required to introduce and vote on themotions for resolutions and any speaking time allocated to the Commission andCouncil shall be divided among the political groups and the non-attached Members.


4. At the end of the debate there shall be an immediate vote. Rule 170 shallnot apply.

Votes taken under this Rule may be organised on a collective basis under theresponsibility of the President and the Conference of Presidents.


5. If two or more motions for resolutions are tabled on the same subject, theprocedure set out in Rule 110(4) shall apply.


6. The President and political group Chairs may decide that a motion for aresolution will be put to the vote without debate. Such a decision shall require theunanimous assent of all the political group Chairs.

The provisions of Rules 174, 175 and 177 do not apply to motions for resolutionsincluded on the agenda for a debate on cases of breaches of human rights, democracyand the rule of law.

Motions for resolutions are tabled for a debate on cases of breaches of human rights,democracy and the rule of law only after the list of subjects has been adopted.

Motions for resolutions that cannot be dealt with in the time allocated to the debateshall lapse. The same applies to motions for resolutions in respect of which it isestablished, following a request under Rule 155(3), that a quorum is not present.

Members are entitled to retable such motions either for consideration in committeeunder Rule 120 or for the debate on cases of breaches of human rights, democracyand the rule of law at the next part-session.

A subject may not be included on the agenda for a debate on cases of breaches ofhuman rights, democracy and the rule of law if it is already on the agenda for thatpart-session.

There are no provisions in the Rules to allow a joint debate on a motion for aresolution tabled in accordance with paragraph 2, second subparagraph, and acommittee report on the same subject.

When a request is made under Rule 155(3) that it be established whether a quorum ispresent, this request shall be valid only for the motion for a resolution which is to beput to the vote and not for those which follow.


Rule 123

Written declarations


1. Up to five Members may submit a written declaration of not more than200 words on a matter falling within the competence of the European Union whichdoes not cover issues that are the subject of an ongoing legislative process.

Authorisation shall be given by the President on a case-by-case basis. Writtendeclarations shall be printed in the official languages and distributed. They shall beentered with the names of the signatories, in a register. This register shall be publicand shall be kept outside the entrance to the Chamber during part-sessions and in anappropriate location, to be determined by the College of Quaestors, between part-sessions.

The contents of a written declaration may not go beyond the form of a declarationand may not, in particular, contain any decision on matters for which specificprocedures and competences are laid down in these Rules of Procedure.


2. The signature of any Member may be added to a declaration entered in theregister.


3. Where a declaration is signed by a majority of Parliament's componentMembers, the President shall notify Parliament accordingly and publish the names ofthe signatories in the minutes and the declaration as a text adopted.


4. The procedure shall be closed by the forwarding to the addressees, at theend of the part-session, of the declaration, together with the names of the signatories.


5. A written declaration that has remained in the register for over threemonths and has not been signed by at least one half of the component Members ofParliament shall lapse.


Rule 124

Consultation of the European Economic and Social Committee


1. Where the Treaty on the Functioning of the European Union provides forconsultation of the Economic and Social Committee, the President shall initiate theconsultation procedure and inform Parliament thereof.


2. A committee may request that the European Economic and SocialCommittee be consulted on matters of a general nature or on specific points.

The committee shall indicate the deadline for delivery by the European Economic andSocial Committee of its opinion.

A request for consultation of the European Economic and Social Committee shall beapproved by Parliament without debate.


3. Opinions forwarded by the Economic and Social Committee shall bereferred to the committee responsible.


Rule 125

Consultation of the Committee of the Regions


1. Where the Treaty on the Functioning of the European Union provides forconsultation of the Committee of the Regions, the President shall initiate theconsultation procedure and inform Parliament thereof.


2. A committee may request that the Committee of the Regions be consultedon matters of a general nature or on specific points.

The committee shall indicate the deadline for delivery by the Committee of theRegions of its opinion.

A request for consultation of the Committee of the Regions shall be approved byParliament without debate.


3. Opinions forwarded by the Committee of the Regions shall be referred tothe committee responsible.


Rule 126

Requests to European Agencies


1. In cases where Parliament has the right to submit a request to a EuropeanAgency, any Member may submit such a request in writing to the President ofParliament. Such requests shall be on matters falling within the mission of the Agencyconcerned and shall be accompanied by background information explaining the issueand the Union interest.


2. The President shall, after consulting the committee responsible, eitherforward the request to the Agency or take any other appropriate course of action. TheMember submitting the request shall be notified immediately. Any request sent by thePresident to an Agency shall include a time-limit for response.


3. If the Agency considers that it is unable to respond to the request asformulated, or seeks to have it modified, it shall forthwith inform the President, whoshall take any appropriate action, after consulting the committee responsible asnecessary.


CHAPTER 6 INTERINSTITUTIONAL AGREEMENTS

Rule 127

Interinstitutional agreements


1. Parliament may enter into agreements with other institutions in the contextof the application of the Treaties or in order to improve or clarify procedures.

Such agreements may take the form of joint declarations, exchanges of letters, codesof conduct or other appropriate instruments. They shall be signed by the Presidentafter examination by the committee responsible for constitutional affairs and afterapproval by Parliament. They may be annexed to the Rules of Procedure forinformation.


2. Where such agreements necessitate changes to existing procedural rightsor obligations or establish new procedural rights or obligations for Members or bodiesof Parliament, or otherwise necessitate amendment or interpretation of the Rules ofProcedure, the matter shall be referred to the committee responsible for itsconsideration in accordance with Rule 211(2) to (6) before the agreement is signed.


CHAPTER 7 REFERRALS TO THE COURT OF JUSTICE OF

THE EUROPEAN UNION

Rule 128

Proceedings before the Court of Justice of the European Union


1. Parliament shall, within the time limits specified by the Treaties and theStatute of the Court of Justice of the European Union for action by the institutions ofthe Union and by natural or legal persons, examine Union legislation and itsimplementing measures in order to ensure that the Treaties have been fully compliedwith, in particular where Parliament's rights are concerned.


2. The committee responsible shall report to Parliament, orally if necessary,if it suspects a breach of Union law.


3. The President shall bring an action on behalf of Parliament in accordancewith the recommendation of the committee responsible.

At the start of the following part-session, the President may ask the plenary to decidewhether the action should be maintained. Should plenary rule against the action by amajority of the votes cast, he shall withdraw it.

Should the President bring an action contrary to the recommendation of the committeeresponsible, he shall, at the start of the following part-session, ask the plenary todecide whether the action should be maintained.


4. The President shall submit observations or intervene in court proceedingson behalf of Parliament after consulting the committee responsible.

If the President intends to depart from the recommendation of the committeeresponsible, he shall inform the committee accordingly and shall refer the matter tothe Conference of Presidents, stating his reasons.

If the Conference of Presidents takes the view that Parliament should, exceptionally,not submit observations or intervene before the Court of Justice of the EuropeanUnion where the legal validity of an act of Parliament is being questioned, the mattershall be submitted to plenary without delay.

In urgent cases, the President may take precautionary action in order to comply withthe time-limits prescribed by the court concerned. In such cases, the procedureprovided for in this paragraph shall be implemented at the earliest opportunity.

Nothing in the Rules prevents the committee responsible from deciding onappropriate procedural arrangements for the timely transmission of itsrecommendation in urgent cases.


Rule 129

Deleted


TITLE V RELATIONS WITH NATIONAL PARLIAMENTS

Rule 130

Exchange of information, contacts and reciprocal facilities


1. Parliament shall keep the national parliaments of the Member Statesregularly informed of its activities.


2. The organisation and promotion of effective and regular interparliamentarycooperation within the Union, pursuant to Article 9 of the Protocol on the role ofnational parliaments in the European Union, shall be negotiated on the basis of amandate given by the Conference of Presidents, after consultation of the Conferenceof Committee Chairs.

Parliament shall approve any agreements on such matters in accordance with theprocedure set out in Rule 127.


3. A committee may directly engage in a dialogue with national parliamentsat committee level within the limits of budgetary appropriations set aside for thispurpose. This may include appropriate forms of pre-legislative and post-legislativecooperation.


4. Any document concerning a legislative procedure at Union level which isofficially transmitted by a national parliament to the European Parliament shall beforwarded to the committee responsible for the subject-matter dealt with in thatdocument.


5. The Conference of Presidents may give a mandate to the President tonegotiate facilities for the national parliaments of the Member States, on a reciprocalbasis, and to propose any other measures to facilitate contacts with the nationalparliaments.


Rule 131

Conference of European Affairs Committees (COSAC)


1. On a proposal from the President, the Conference of Presidents shall namethe members of, and may confer a mandate on, Parliament’s delegation to COSAC.

The delegation shall be headed by a Vice-President of the European Parliamentresponsible for implementation of relations with the national parliaments and by theChair of the committee responsible for institutional matters.


2. The other members of the delegation shall be chosen in the light of thesubjects to be discussed at the COSAC meeting and shall comprise, as far as possible,representatives of the committees responsible for those subjects. A report shall besubmitted by the delegation after each meeting.


3. Due account shall be taken of the overall political balance withinParliament.


Rule 132

Conferences of parliaments

The Conference of Presidents shall designate the members of Parliament's delegationto any conference or similar body involving representatives of parliaments and shallconfer a mandate upon it that conforms to any relevant Parliament resolutions. Thedelegation shall elect its Chair and, where appropriate, one or more Vice-Chairs.


TITLE VI SESSIONS

CHAPTER 1 SESSIONS OF PARLIAMENT

Rule 133

Parliamentary term, sessions, part-sessions, sittings


1. The parliamentary term shall run concurrently with the term of office ofMembers provided for in the Act of 20 September 1976.


2. The session shall be the annual period prescribed by the Act and theTreaties.


3. The part-session shall be the meeting of Parliament convened as a ruleeach month and subdivided into daily sittings.

Sittings of Parliament held on the same day shall be deemed to be a single sitting.


Rule 134

Convening of Parliament


1. Parliament shall meet, without requiring to be convened, on the secondTuesday in March each year and shall itself determine the duration of adjournments ofthe session.


2. Parliament shall in addition meet, without requiring to be convened on thefirst Tuesday after expiry of an interval of one month from the end of the periodreferred to in Article 10(1) of the Act of 20 September 1976.


3. The Conference of Presidents, stating its reasons, may alter the duration ofadjournments decided pursuant to paragraph 1 at least two weeks before the datepreviously fixed by Parliament for resuming the session; the date of resumption shallnot, however, be postponed for more than two weeks.


4. Exceptionally, after consulting the Conference of Presidents, the Presidentshall convene Parliament at the request of a majority of its component Members or atthe request of the Commission or the Council.

Exceptionally, with the approval of the Conference of Presidents, the President mayconvene Parliament in cases of urgency.


Rule 135

Venue of sittings and meetings


1. Parliament shall hold its sittings and its committee meetings in accordancewith the provisions of the Treaties.

Proposals for additional part-sessions in Brussels and any amendments thereto willrequire only a majority of the votes cast.


2. Any committee may decide to ask for one or more meetings to be heldelsewhere. Its request supported by reasons, shall be made to the President, who shallplace it before the Bureau. If the matter is urgent, the President may take the decisionhimself. Should the request be rejected by the Bureau or the President the reasons forthe rejection shall be stated.


Rule 136

Attendance of Members at sittings


1. An attendance register shall be open for signature by Members at eachsitting.


2. The names of the Members present, as shown in the attendance register,shall be recorded in the minutes of each sitting.


CHAPTER 2 ORDER OF BUSINESS OF PARLIAMENT

Rule 137

Draft agenda


1. Before each part-session the draft agenda shall be drawn up by theConference of Presidents on the basis of recommendations by the Conference ofCommittee Chairs taking into account the agreed Commission Work Programmereferred to in Rule 35.

The Commission and the Council may, at the invitation of the President attend thedeliberations of the Conference of Presidents on the draft agenda.


2. The draft agenda may indicate voting times for certain items down forconsideration.


3. One or two periods, together totalling a maximum of 60 minutes, may beset aside in the draft agenda for debates on cases of breaches of human rights,democracy and the rule of law pursuant to Rule 122.


4. The final draft agenda shall be distributed to Members at least three hoursbefore the beginning of the part-session.


Rule 138

Procedure in plenary without amendment and debate


1. Any proposal for a legislative act (first reading) and any non-legislativemotion for a resolution adopted in committee with fewer than one tenth of themembers of the committee voting against shall be placed on the draft agenda ofParliament for vote without amendment.

The item shall then be subject to a single vote unless, before the drawing up of thefinal draft agenda, political groups or individual Members who together constituteone-tenth of the Members of Parliament have requested in writing that the item beopen to amendment, in which case the President shall set a deadline for tablingamendments.


2. Items placed on the final draft agenda for vote without amendment shallalso be without debate unless Parliament, when adopting its agenda at the start of apart-session, decides otherwise on a proposal from the Conference of Presidents or atthe request of a political group or at least 40 Members.


3. When drawing up the final draft agenda for a part-session, the Conferenceof Presidents may propose that other items be taken without amendment or withoutdebate. When adopting its agenda, Parliament may not accept any such proposal if apolitical group or at least 40 Members have tabled their opposition in writing at leastone hour before the opening of the part-session.


4. When an item is taken without debate, the rapporteur or the Chair of thecommittee responsible may make a statement lasting no more than two minutesimmediately prior to the vote.


Rule 139

Short presentation

At the request of the rapporteur or on a proposal from the Conference of Presidents,Parliament may also decide that an item not needing a full debate will be dealt with bymeans of a short presentation in plenary by the rapporteur. In that event, theCommission shall have the opportunity to respond, followed by up to ten minutes ofdebate in which the President may give the floor, for up to one minute each, toMembers who catch his eye.


Rule 140

Adopting and amending the agenda


1. At the beginning of each part-session, Parliament shall take a decision onthe final draft agenda. Amendments may be proposed by a committee, a politicalgroup or at least 40 Members. Any such proposals must be received by the Presidentat least one hour before the opening of the part-session. The President may give thefloor to the mover, one speaker in favour and one speaker against, in each case for notmore than one minute.


2. Once adopted, the agenda may not be amended, except in pursuance ofRules 142 or 174 to 178 or on a proposal from the President.

If a procedural motion to amend the agenda is rejected, it may not be tabled againduring the same part-session.


3. Before closing the sitting, the President shall announce the date, time andagenda of the next sitting.


Rule 141

Extraordinary debate


1. A political group or at least 40 Members may request that an extraordinarydebate on a matter of major interest relating to European Union policy be placed onParliament's agenda. As a rule, no more than one extraordinary debate shall be heldduring each part-session.


2. The request shall be submitted to the President in writing at least threehours prior to the start of the part-session at which the extraordinary debate is to takeplace. The vote on this request shall be taken at the start of the part-session whenParliament adopts its agenda.


3. In response to events that take place after the adoption of the agenda for apart-session, the President, after consulting the Chairs of the political groups, maypropose an extraordinary debate. Any such proposal shall be voted on at the start of asitting or at a scheduled voting time, the Members having been notified of it at leastone hour beforehand.


4. The President shall determine the time at which such a debate is to be held.The overall duration of the debate shall not exceed 60 minutes. Speaking time shall beallocated to the political groups and the non-attached Members in accordance withRule 149(4) and (5).


5. The debate shall be wound up without the adoption of a resolution.

Rule 142

Urgent procedure


1. A request that a debate on a proposal on which Parliament has beenconsulted pursuant to Rule 43(1) be treated as urgent may be made to Parliament bythe President, a committee, a political group, at least 40 Members, the Commission orthe Council. This request shall be made in writing and supported by reasons.


2. As soon as the President has received a request for urgent debate this shallbe announced to Parliament. The vote on the request shall be taken at the beginning ofthe sitting following that during which the announcement was made, provided that theproposal to which the request relates has been distributed in the official languages.

Where there are several requests for urgent debate on the same subject, the approvalor rejection of the request for urgent debate shall apply to all the requests on the samesubject.


3. Before the vote, only the mover, one speaker in favour, one speakeragainst, and the Chair and/or rapporteur of the committee responsible may be heard,in each case for no more than three minutes.


4. Questions to be dealt with by urgent procedure shall be given priority overother items on the agenda. The President shall determine the time of the debate andvote.


5. An urgent debate may be held without a report or, exceptionally, on thebasis of an oral report by the committee responsible.


Rule 143

Joint debate

A decision may be taken at any time to debate similar or factually related items ofbusiness jointly.


Rule 144

Time limits

Except in the cases of urgency referred to in Rules 122 and 142, a debate and voteshall not be opened on a text unless it has been distributed at least 24 hours earlier.


CHAPTER 3 GENERAL RULES FOR THE CONDUCT OF

SITTINGS

Rule 145

Access to the Chamber


1. No person may enter the Chamber except Members of Parliament,Members of the Commission or Council, the Secretary-General of Parliament,members of staff whose duties require their presence there, and experts or officials ofthe European Union.


2. Only holders of an admission card duly issued by the President orSecretary-General of Parliament shall be admitted to the galleries.


3. Members of the public admitted to the galleries shall remain seated andkeep silent. Any person expressing approval or disapproval shall immediately beejected by the ushers.


Rule 146

Languages


1. All documents of Parliament shall be drawn up in the official languages. 2. All Members shall have the right to speak in Parliament in the officiallanguage of their choice. Speeches delivered in one of the official languages shall besimultaneously interpreted into the other official languages and into any otherlanguage the Bureau may consider necessary.


3. Interpretation shall be provided in committee and delegation meetingsfrom and into the official languages used and requested by the members andsubstitutes of that committee or delegation.


4. At committee and delegation meetings away from the usual places of workinterpretation shall be provided from and into the languages of those members whohave confirmed that they will attend the meeting. These arrangements mayexceptionally be made more flexible where the members of the committee ordelegation so agree. In the event of disagreement, the Bureau shall decide.

Where it has been established after the result of a vote has been announced that thereare discrepancies between different language versions, the President decides whetherthe result announced is valid pursuant to Rule 171(5). If he declares the result valid,he must decide which version is to be regarded as having been adopted. However, theoriginal version cannot be taken as the official text as a general rule, since a situationmay arise in which all the other languages differ from the original text.


Rule 147

Transitional arrangement


1. During a transitional period expiring at the end of the seventhparliamentary term16, derogations from Rule 146 shall be permissible if and to theextent that, despite adequate precautions, interpreters or translators for an officiallanguage are not available in sufficient numbers.


2. The Bureau, on a proposal from the Secretary-General, shall ascertain withrespect to each of the official languages concerned whether the conditions set out inparagraph 1 are fulfilled, and shall review its decision at six-monthly intervals on thebasis of a progress report from the Secretary-General. The Bureau shall adopt thenecessary implementing rules.


3. The temporary special arrangements adopted by the Council on the basisof the Treaties concerning the drafting of legal acts, with the exception of regulationsadopted jointly by the European Parliament and the Council, shall apply.


4. On a reasoned recommendation from the Bureau, Parliament may decide atany time to repeal this Rule early or, at the end of the period indicated in paragraph 1,to extend it.

16Extended by Parliament's decision of 11 March 2009.


Rule 148

Distribution of documents

Documents forming the basis for Parliament's debates and decisions shall be printedand distributed to Members. A list of these documents shall be published in theminutes of Parliament's sittings.

Without prejudice to the application of the first paragraph, Members and politicalgroups shall have direct access to the European Parliament's internal computer systemfor the consultation of any non-confidential preparatory document (draft report, draftrecommendation, draft opinion, working document, amendments tabled incommittee).


Rule 149

Allocation of speaking time and list of speakers


1. The Conference of Presidents may propose to Parliament that speakingtime be allocated for a particular debate. Parliament shall decide on this proposalwithout debate.


2. Members may not speak unless called upon to do so by the President.Members shall speak from their places and shall address the President. If speakersdepart from the subject, the President shall call them to order.


3. The President may draw up, for the first part of a particular debate, a list ofspeakers that includes one or more rounds of speakers from each political groupwishing to speak, in the order of their size, and one non-attached Member.


4. Speaking time for this part of a debate shall be allocated in accordancewith the following criteria:a) a first fraction of speaking time shall be divided equally among all the politicalgroups;b) a further fraction shall be divided among the political groups in proportion tothe total number of their members;c) the non-attached Members shall be allocated an overall speaking time basedon the fractions allocated to each political group under points (a) and (b).


5. Where a total speaking time is allocated for several items on the agenda,the political groups shall inform the President of the fraction of their speaking time tobe used for each individual item. The President shall ensure that these speaking timesare respected.


6. The remaining part of the time for a debate shall not be specificallyallocated in advance. Instead, the President shall call on Members to speak, as ageneral rule for no more than one minute. The President shall ensure – as far aspossible – that speakers holding different political views and from different MemberStates are heard in turn.


7. On request priority may be given to the Chair or rapporteur of thecommittee responsible and to the Chairs of political groups who wish to speak ontheir groups' behalf, or to speakers deputising for them.


8. The President may give the floor to Members who indicate, by raising ablue card, their wish to put to another Member, during that Member's speech, aquestion of no longer than half a minute's duration, if the speaker agrees and if thePresident is satisfied that this will not lead to a disruption of the debate.


9. No Member may speak for more than one minute on any of the following:the minutes of the sitting, procedural motions, or amendments to the final draft agendaor the agenda.


10. Without prejudice to his other disciplinary powers, the President maycause to be deleted from the verbatim reports of debates of sittings the speeches ofMembers who have not been called upon to speak or who continue to speak beyondthe time allotted to them.


11. In the debate on a report the Commission and the Council shall as a rule beheard immediately after its presentation by the rapporteur. The Commission, theCouncil and the rapporteur may be heard again, in particular in order to respond to thestatements made by Members.


12. Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words, which shall beappended to the verbatim report of the debate.


13. Without prejudice to Article 230 of the Treaty on the Functioning of theEuropean Union, the President shall seek to reach an understanding with theCommission, the Council and the President of the European Council on theappropriate allocation of speaking time for them.


Rule 150

One-minute speeches

For a period of not more than 30 minutes during the first sitting of each part-sessionthe President shall call Members who wish to draw Parliament's attention to a matterof political importance. Speaking time for each Member shall not exceed one minute.

The President may allow a further such period later during the same part-session.


Rule 151

Personal statements


1. Members who ask to make a personal statement shall be heard at the endof the discussion of the agenda item which is being dealt with or when the minutes ofthe sitting to which the request for leave to speak refers are considered for approval.

The Members concerned may not speak on substantive matters but shall confine theirobservations to rebutting any remarks that have been made about their person in thecourse of the debate or opinions that have been attributed to them, or to correctingobservations that they themselves have made.


2. Unless Parliament decides otherwise, no personal statement shall last formore than three minutes.


CHAPTER 4 MEASURES TO BE TAKEN IN THE EVENT OF

NON-COMPLIANCE WITH THE STANDARDS OF CONDUCTOF MEMBERS

Rule 152

Immediate measures


1. The President shall call to order any Member who disrupts the smoothconduct of the proceedings or whose conduct fails to comply with the relevantprovisions of Rule 9.


2. Should the offence be repeated, the President shall again call the Memberto order, and the fact shall be recorded in the minutes.


3. Should the disturbance continue, or if a further offence is committed, theoffender may be denied the right to speak and may be excluded from the Chamber bythe President for the remainder of the sitting. The President may also resort to thelatter measure immediately and without a second call to order in cases of exceptionalseriousness. The Secretary-General shall, without delay, see to it that suchdisciplinary measures are carried out, with the assistance of the ushers and, ifnecessary, of Parliament's Security Service.


4. Should disturbances threaten to obstruct the business of the House, thePresident shall close or suspend the sitting for a specific period to restore order. If thePresident cannot make himself heard, he shall leave the chair; this shall have theeffect of suspending the sitting. The President shall reconvene the sitting.


5. The powers provided for in paragraphs 1 to 4 shall be vested, mutatismutandis, in the presiding officers of bodies, committees and delegations as providedfor in the Rules of Procedure.


6. Where appropriate, and bearing in mind the seriousness of the breach ofthe Members' standards of conduct, the Member in the Chair may, no later than thefollowing part-session or the following meeting of the body, committee or delegationconcerned, ask the President to apply Rule 153.


Rule 153

Penalties


1. In exceptionally serious cases of disorder or disruption of Parliament inviolation of the principles laid down in Rule 9, the President, after hearing theMember concerned, shall adopt a reasoned decision laying down the appropriatepenalty, which he shall notify to the Member concerned and to the presiding officersof the bodies, committees and delegations on which the Member serves, beforeannouncing it to plenary.


2. When assessing the conduct observed, account shall be taken of itsexceptional, recurrent or permanent nature and of its seriousness, on the basis of theguidelines annexed to these Rules of Procedure17.


3. The penalty may consist of one or more of the following measures:17See Annex XVI.

a) a reprimand;b) forfeiture of entitlement to the daily subsistence allowance for a period ofbetween two and ten 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, temporarysuspension from participation in all or some of the activities of Parliament fora period of between two and ten consecutive days on which Parliament or anyof its bodies, committees or delegations meet;d) submission to the Conference of Presidents, in accordance with Rule 19, of aproposal for the Member's suspension or removal from one or more of theelected offices held by the Member in Parliament.


Rule 154

Internal appeal procedures

The Member concerned may lodge an internal appeal with the Bureau within twoweeks of notification of the penalty imposed by the President. Such an appeal shallhave the effect of suspending the application of that penalty. The Bureau may, notlater than four weeks after the lodging of the appeal, annul, confirm or reduce thepenalty imposed, without prejudice to the external rights of appeal open to theMember concerned. Should the Bureau fail to take a decision within the time limitlaid down, the penalty shall be declared null and void.


CHAPTER 5 QUORUM AND VOTING

Rule 155

Quorum


1. Parliament may deliberate, settle its agenda and approve the minutes,whatever the number of Members present.


2. A quorum shall exist when one third of the component Members ofParliament are present in the Chamber.


3. All votes shall be valid whatever the number of voters unless the President,on a request made before voting has begun by at least 40 Members, establishes at thetime of voting that the quorum is not present. If the vote shows that the quorum is notpresent, the vote shall be placed on the agenda for the next sitting.

A request for the quorum to be established must be made by at least 40 Members. Arequest on behalf of a political group is not admissible.

When establishing the result of the vote, account must be taken, in accordance withparagraph 2, of all the Members present in the Chamber and, in accordance withparagraph 4, of all the Members who asked for the quorum to be established. Theelectronic voting system cannot be used for this purpose. The doors of the Chambermay not be closed.

If the number of Members required to make up the quorum is not present, thePresident shall not announce the result of the vote but shall declare that the quorumis not present.

The last sentence of paragraph 3 shall not apply to votes on procedural motions butonly to votes on the subject-matter itself.


4. Members who have asked for the quorum to be established shall becounted as being present within the meaning of paragraph 2, even if they are nolonger in the Chamber.

Members who have asked for the quorum to be established must be present in theChamber when the request is made.


5. If fewer than 40 Members are present, the President may rule that there isno quorum.


Rule 156

Tabling and moving amendments


1. Amendments for consideration in Parliament may be tabled by thecommittee responsible, a political group or at least 40 Members.

Amendments shall be tabled in writing and signed by their authors.

Amendments to documents of a legislative nature within the meaning of Rule 43(1)may be accompanied by a short justification. Such justifications shall be theresponsibility of the author and shall not be put to the vote.


2. Subject to the limitations laid down in Rule 157, an amendment may seekto change any part of a text, and may be directed to deleting, adding or replacingwords or figures.

In this Rule and Rule 157 the term "text" means the whole of a motion for aresolution/draft legislative resolution, of a proposal for a decision or of a proposalfor a legislative act.


3. The President shall set a deadline for the tabling of amendments. 4. An amendment may be moved during the debate by its author or by anyother Member appointed by the author to replace him or her.


5. Where an amendment is withdrawn by its author, it shall fall unlessimmediately taken over by another Member.


6. Amendments shall be put to the vote only after they have been printed anddistributed in all the official languages, unless Parliament decides otherwise.

Parliament may not decide otherwise if at least 40 Members object. Parliament shallavoid taking decisions which would place Members who use a particular language atan unacceptable disadvantage.

Where fewer than 100 Members are present, Parliament may not decide otherwise ifat least one tenth of the Members present object.

Oral amendments tabled in committee may be put to the vote unless one of thecommittee's members objects.


Rule 157

Admissibility of amendments


1. No amendment shall be admissible if:a) it does not directly relate to the text which it seeks to amend;b) it seeks to delete or replace the whole of a text;c) it seeks to amend more than one of the individual articles or paragraphs of thetext to which it relates. This provision shall not apply to compromiseamendments nor to amendments which seek to make identical changes to aparticular form of words throughout the text;d) it is established that the wording in at least one of the official languages of thetext that the amendment is seeking to change does not require amendment; inthis case, the President shall seek out a suitable linguistic remedy together withthose concerned.


2. An amendment shall fall if it is inconsistent with decisions previouslytaken on the text during the same vote.


3. The President shall decide whether amendments are admissible.The President's decision under paragraph 3 concerning the admissibility ofamendments is not based exclusively on the provisions of paragraphs 1 and 2 of thisRule but on the provisions of the Rules in general.


4. A political group or at least 40 members may table an alternative motionfor a resolution seeking to replace a non-legislative motion for a resolution containedin a committee report.

In such a case, the group or the Members concerned may not table amendments to themotion for a resolution by the committee responsible. The alternative motion for aresolution may not be longer than the committee's motion for a resolution. It shall beput to a single vote in Parliament without amendment.

Rule 110(4) shall apply mutatis mutandis.


Rule 158

Voting procedure


1. The following voting procedure shall apply to reports:a) first, voting on any amendments to the text with which the report of thecommittee responsible is concerned,b) second, voting on that text as a whole, amended or otherwise,c) third, voting on amendments to the motion for a resolution/draft legislativeresolution,d) finally, voting on the motion for a resolution/draft legislative resolution as awhole (final vote).

Parliament shall not vote on the explanatory statement contained in the report.


2. The following procedure shall apply to second readings:a) where no proposal to reject or amend the Council's position has been tabled, itshall be deemed to have been approved in accordance with Rule 72;b) a proposal to reject the Council's position shall be voted upon before voting onany amendments (see Rule 65(1));c) where several amendments to the Council's position have been tabled theyshall be put to the vote in the order set out in Rule 161;d) where Parliament has held a vote with a view to amending the Council'sposition, a further vote on the text as a whole may only be taken in accordancewith Rule 65(2).


3. The procedure set out in Rule 69 shall apply to third readings. 4. In voting on legislative texts and on non-legislative motions forresolutions, votes relating to substantive parts shall be taken first, followed by votesrelating to citations and recitals. Amendments shall fall if they are inconsistent with aprior vote.


5. The only Member permitted to speak during the vote shall be therapporteur, who shall have the opportunity of expressing briefly the views of thecommittee responsible on the amendments put to the vote.


Rule 159

Tied votes


1. In the event of a tied vote under Rule 158(1)(b) or (d), the text as a wholeshall be referred back to committee. This shall also apply to votes under Rules 3 and 7and to final votes under Rules 186 and 198, on the understanding that, in the case ofthese two Rules, the matter is referred back to the Conference of Presidents.


2. In the event of a tied vote on the agenda as a whole (Rule 140) or theminutes as a whole (Rule 179), or on a text put to a split vote under Rule 163, the textshall be deemed adopted.


3. In all other cases where there is a tied vote, without prejudice to thoseRules which require qualified majorities, the text or proposal shall be deemedrejected.


Rule 160

Principles governing voting


1. Voting on a report shall take place on the basis of a recommendation fromthe committee responsible. The committee may delegate this task to its Chair andrapporteur.


2. The committee may recommend that all or several amendments be put tothe vote collectively, that they be accepted or rejected or declared void.

It may also propose compromise amendments.


3. Where the committee recommends that amendments be put to the votecollectively, the collective vote on these amendments shall be taken first.


4. Where the committee proposes a compromise amendment, thatcompromise amendment shall be given priority in voting.


5. Amendments for which a roll-call vote has been requested shall be put tothe vote individually.


6. A split vote shall not be admissible in the case of a collective vote or avote on a compromise amendment.


Rule 161

Order of voting on amendments


1. Amendments shall have priority over the text to which they relate and shallbe put to the vote before that text.


2. If two or more mutually exclusive amendments have been tabled to thesame part of a text, the amendment that departs furthest from the original text shallhave priority and shall be put to the vote first. If it is adopted the other amendmentsshall be deemed rejected; if it is rejected, the amendment next in priority shall be putto the vote and similarly for each of the remaining amendments. Where there is doubtas to priority, the President shall decide. If all amendments are rejected, the originaltext shall be deemed adopted unless a separate vote has been requested within thespecified deadline.


3. The President may put the original text to the vote first, or put anamendment that is closer to the original text to the vote before the amendment thatdeparts furthest from the original text.

If either of these secures a majority, all other amendments tabled to the same text shallfall.


4. Exceptionally, on a proposal from the President, amendments tabled afterthe close of the debate may be put to the vote if they are compromise amendments, orif there are technical problems. The President shall obtain the agreement of Parliamentto putting such amendments to the vote.

Under Rule 157(3), the President decides whether amendments are admissible. In thecase of compromise amendments tabled after the close of a debate, under thisparagraph, the President decides on their admissibility on a case-by-case basis,having regard to the compromise nature of the amendments.

The following general criteria for admissibility may be applied:- as a general rule, compromise amendments may not relate to parts of the textwhich have not been the subject of amendments prior to the deadline fortabling amendments;- as a general rule, compromise amendments may only be tabled by politicalgroups, the Chairs or rapporteurs of the committees concerned or the authorsof other amendments;- as a general rule, compromise amendments entail the withdrawal of otheramendments to the same passage.

Only the President may propose that a compromise amendment be considered. Inorder for a compromise amendment to be put to the vote, the President must obtainthe agreement of Parliament by asking whether there are any objections to such avote being held. If an objection is raised, Parliament decides on the matter by amajority of the votes cast.


5. Where the committee responsible has tabled a set of amendments to thetext with which the report is concerned, the President shall put them to the votecollectively, unless a political group or at least 40 Members have requested separatevotes or unless other amendments have been tabled.


6. The President may put other amendments to the vote collectively wherethey are complementary. In such cases he shall follow the procedure laid down inparagraph 5. Authors of such amendments may propose such collective votes wheretheir amendments are complementary.


7. The President may decide, following the adoption or rejection of aparticular amendment, that several other amendments of similar content or withsimilar objectives shall be put to the vote collectively. The President may seek theagreement of Parliament before doing so.

Such a set of amendments may relate to different parts of the original text.


8. Where two or more identical amendments are tabled by different authors,they shall be put to the vote as one.


Rule 162

Committee consideration of plenary amendments

When more than 50 amendments and requests for a split or separate vote have beentabled to a report for consideration in Parliament, the President may, after consultingits Chair, ask the committee responsible to meet to consider those amendments orrequests. Any amendment or request for a split or separate vote not receivingfavourable votes at this stage from at least one-tenth of the members of the committeeshall not be put to the vote in Parliament.


Rule 163

Split voting


1. Where the text to be put to the vote contains two or more provisions orreferences to two or more points or lends itself to division into two or more partshaving a distinct meaning and/or normative value, a split vote may be requested by apolitical group or at least 40 Members.


2. The request shall be made the evening before the vote, unless the Presidentsets a different deadline. The President shall decide on the request.


Rule 164

Right to vote

The right to vote is a personal right.

Members shall cast their votes individually and in person.

Any infringement of this Rule is considered as a serious case of disorder as referredto in Rule 153(1) and will have the legal consequences mentioned in that Rule.


Rule 165

Voting


1. As a general rule Parliament shall vote by show of hands. 2. If the President decides that the result is doubtful, a fresh vote shall betaken using the electronic voting system and, if the latter is not working, by sitting andstanding.


3. The result of the vote shall be recorded.

Rule 166

Final vote

When voting on any proposal for a legislative act, whether by way of a single and/orfinal vote, Parliament shall vote by roll call using the electronic voting system.


Rule 167

Voting by roll call


1. In addition to the cases provided for under Rules 106(4), 107(5) and 166,the vote shall be taken by roll call if this is requested in writing by a political group orat least 40 Members the evening before the vote unless the President sets a differentdeadline.


2. The roll call vote shall be taken using the electronic voting system. Wherethe latter cannot be used for technical reasons, the roll shall be called in alphabeticalorder, beginning with the name of a Member drawn by lot. The President shall be thelast to be called to vote.

Voting shall be by word of mouth and shall be expressed by "Yes", "No", or "Iabstain". In calculating whether a motion has been adopted or rejected account shallbe taken only of votes cast for and against. The President shall establish the result ofthe vote and announce it.

Votes shall be recorded in the minutes of the sitting by political group in thealphabetical order of Members' names, with an indication of how they voted.


Rule 168

Electronic voting


1. The President may at any time decide that the voting operations indicatedin Rules 165, 167 and 169 will be carried out by means of the electronic votingsystem.

Where the electronic voting system cannot be used for technical reasons, voting shalltake place in accordance with Rules 165, 167(2) or 169.

The technical arrangements for using the electronic voting system shall be governedby instructions from the Bureau.


2. Where an electronic vote is taken, only the numerical result of the voteshall be recorded.

However, if a vote by roll call has been requested in accordance with Rule 167(1), thevotes shall be recorded in the minutes of the sitting by political group in thealphabetical order of Members' names.


3. The vote by roll call shall be taken in accordance with Rule 167(2) if amajority of the Members present so request. The system indicated in paragraph 1 ofthis Rule may be used to determine whether a majority exists.


Rule 169

Voting by secret ballot


1. In the case of appointments, voting shall be by secret ballot withoutprejudice to Rules 13(1), 186(1) and 191(2), second subparagraph.

Only ballot papers bearing the names of Members who have been nominated shall betaken into account in calculating the number of votes cast.


2. Voting may also be by secret ballot if this is requested by at least one-fifthof the component Members of Parliament. Such requests must be made before votingbegins.

When a request for a secret ballot is submitted by at least one fifth of the componentMembers of Parliament before voting begins, Parliament must hold such a vote.


3. A request for a secret ballot shall take priority over a request for a vote byroll call.


4. Between two and eight Members chosen by lot shall count the votes cast ina secret ballot, unless an electronic vote is taken.

In the case of votes under paragraph 1, candidates shall not act as tellers.

The names of Members who have taken part in a secret ballot shall be recorded in theminutes of the sitting at which the ballot was held.


Rule 170

Explanations of vote


1. Once the general debate has been concluded, any Member may give anoral explanation on the final vote for not longer than one minute or give a writtenexplanation of no more than 200 words, which shall be included in the verbatim reportof proceedings.

Any political group may give an explanation of vote lasting not more than twominutes.

No further requests to give explanations of vote shall be accepted once the firstexplanation of vote has begun.

Explanations of vote are admissible on the final vote on any subject submitted toParliament. For the purposes of this Rule the term "final vote" does not refer to thetype of vote, but means the last vote on any item.


2. Explanations of vote shall not be admissible in the case of votes onprocedural matters.


3. Where a proposal for a legislative act or a report has been included on theagenda of Parliament pursuant to Rule 138, Members may submit writtenexplanations of vote in accordance with paragraph 1.

Explanations of vote given either orally or in writing must have a direct bearing onthe text being put to the vote.


Rule 171

Disputes on voting


1. The President shall declare votes open and closed. 2. Once the President has declared a vote open, no-one except the Presidentshall be allowed to speak until the vote is declared closed.


3. Points of order concerning the validity of a vote may be raised after thePresident has declared it closed.


4. After the result of a vote by show of hands has been announced, a Membermay request that this result be checked using the electronic voting system.


5. The President shall decide whether the result announced is valid. Thedecision shall be final.


CHAPTER 6 INTERRUPTIVE AND PROCEDURAL MOTIONS

Rule 172

Procedural motions


1. Requests to move a procedural motion, namely:a) the inadmissibility of a matter (Rule 174);b) referral back to committee (Rule 175);c) the closure of a debate (Rule 176);d) the adjournment of a debate and vote (Rule 177); ore) the suspension or closure of the sitting (Rule 178)shall take precedence over other requests to speak.

Only the following shall be heard on these motions in addition to the mover: onespeaker in favour and one against and the Chair or rapporteur of the committeeresponsible.


2. Speaking time shall not exceed one minute.

Rule 173

Points of order


1. Members may be allowed to speak in order to draw the attention of thePresident to any failure to comply with Parliament's Rules of Procedure. They shallfirst specify to which Rule they are referring.


2. A request to raise a point of order shall take precedence over all otherrequests to speak.


3. Speaking time shall not exceed one minute. 4. The President shall take an immediate decision on points of order inaccordance with the Rules of Procedure and shall announce it immediately after thepoint of order has been raised. No vote shall be taken on the President's decision.


5. Exceptionally, the President may state that he will announce the decisionlater, but not more than 24 hours after the point of order was raised. Postponement ofthe ruling shall not entail the adjournment of the debate. The President may refer thematter to the committee responsible.

A request to raise a point of order must relate to the agenda item under discussion.

The President may take a point of order concerning a different matter at anappropriate time, e.g., after the discussion of the agenda item in question is closed orbefore the sitting is suspended.


Rule 174

Moving the inadmissibility of a matter


1. At the beginning of the debate on a specific item on the agenda, itsinadmissibility may be moved. Such a motion shall be put to the vote immediately.

The intention to move inadmissibility shall be notified at least 24 hours in advance tothe President who shall inform Parliament immediately.


2. If the motion is carried, Parliament shall immediately proceed to the nextitem on the agenda.


Rule 175

Referral back to committee


1. Referral back to committee may be requested by a political group or atleast 40 Members when the agenda is fixed or before the start of the debate.

The intention to move referral back to committee shall be notified at least 24 hours inadvance to the President, who shall inform Parliament immediately.


2. Referral back to committee may also be requested by a political group or atleast 40 Members before or during a vote. Such a motion shall be put to the voteimmediately.


3. A request may be made only once at each of these procedural stages. 4. Referral back to committee shall entail suspension of the discussion of theitem.


5. Parliament may set a time limit within which the committee must report itsconclusions.


Rule 176

Closure of a debate


1. A debate may be closed before the list of speakers has been exhausted on aproposal from the President or at the request of a political group or at least 40Members. Such a proposal or request shall be put to the vote immediately.


2. If the proposal or request is carried, one Member only may speak fromeach political group which has not yet provided a speaker in that debate.


3. After the speeches referred to in paragraph 2, the debate shall be closedand Parliament shall vote on the matter under debate, except where the time for thevote has been set in advance.


4. If the proposal or request is rejected, it may not be tabled again during thesame debate, except by the President.


Rule 177

Adjournment of a debate and vote


1. At the start of a debate on an item on the agenda, a political group or atleast 40 Members may move that the debate be adjourned to a specific date and time.

Such a motion shall be put to the vote immediately.

The intention to move adjournment shall be notified at least 24 hours in advance tothe President, who shall inform Parliament immediately.


2. If the motion is carried, Parliament shall proceed to the next item on theagenda. The adjourned debate shall be resumed at the specified date and time.


3. If the motion is rejected, it may not be tabled again during the same part-session.


4. Before or during a vote, a political group or at least 40 Members maymove that the vote be adjourned. Such a motion shall be put to the vote immediately.

Any decision by Parliament to adjourn a debate to a subsequent part-session shallspecify the part-session on the agenda of which the debate is to be included, on theunderstanding that the agenda for that part-session is drawn up in accordance withRules 137 and 140.


Rule 178

Suspension or closure of the sitting

The sitting may be suspended or closed during a debate or a vote if Parliament sodecides on a proposal from the President or at the request of a political group or atleast 40 Members. Such a proposal or request shall be put to the vote immediately.


CHAPTER 7 PUBLIC RECORD OF PROCEEDINGS

Rule 179

Minutes


1. The minutes of each sitting, detailing the proceedings and the decisions ofParliament and the names of speakers, shall be distributed at least half an hour beforethe beginning of the afternoon period of the next sitting.

In the context of legislative proceedings, any amendments adopted by Parliament arealso deemed to be decisions within the meaning of this provision, even if the relevantCommission proposal or the Council's position is ultimately rejected, in accordancewith Rule 56(1) or Rule 65(3) respectively.


2. At the beginning of the afternoon period of each sitting the President shallplace before Parliament, for its approval, the minutes of the previous sitting.


3. If any objections are raised to the minutes Parliament shall, if necessary,decide whether the changes requested should be considered. No Member may speakon the subject for more than one minute.


4. The minutes shall be signed by the President and the Secretary-Generaland preserved in the records of Parliament. They shall be published in the OfficialJournal of the European Union.


Rule 180

Texts adopted


1. Texts adopted by Parliament shall be published immediately after the vote.They shall be placed before Parliament in conjunction with the minutes of the relevantsitting and preserved in the records of Parliament.


2. Texts adopted by Parliament shall be subject to legal-linguistic finalisationunder the responsibility of the President. Where such texts are adopted on the basis ofan agreement reached between Parliament and the Council, such finalisation shall becarried out by the two institutions acting in close cooperation and by mutualagreement.


3. The procedure laid down in Rule 216 shall apply where, in order to ensurethe coherence and quality of the text in accordance with the will expressed byParliament, adaptations are required which go beyond corrections of typographicalerrors or corrections necessary to ensure the concordance of all language versions,their linguistic correctness and their terminological consistency.


4. Positions adopted by Parliament under the ordinary legislative procedureshall take the form of a consolidated text. Where Parliament's vote was not based onan agreement with the Council, the consolidated text shall identify any amendmentsadopted.


5. After finalisation, the texts adopted shall be signed by the President andthe Secretary-General and published in the Official Journal of the European Union.


Rule 181

Verbatim reports


1. A verbatim report of the proceedings of each sitting shall be drawn up inall the official languages.


2. Speakers shall return corrections to typescripts of their speeches to theSecretariat within one week.


3. The verbatim report shall be published as an annex to the Official Journalof the European Union.


4. Members may ask for extracts from the verbatim report to be translated atshort notice.


Rule 182

Audiovisual record of proceedings

Immediately after the sitting, an audiovisual record of the proceedings, including thesoundtrack from all interpretation booths, shall be produced and made available on theinternet.


TITLE VII COMMITTEES AND DELEGATIONS

CHAPTER 1 COMMITTEES - SETTING-UP AND POWERS

Rule 183

Setting-up of standing committees

On a proposal from the Conference of Presidents, Parliament shall set up standingcommittees whose powers shall be defined in an annex to these Rules of Procedure18.

Their members shall be elected during the first part-session following the re-electionof Parliament and again two and a half years thereafter.

The powers of standing committees can be determined at a time other than that atwhich the committee is set up.


Rule 184

Setting-up of special committees

On a proposal from the Conference of Presidents, Parliament may at any time set upspecial committees, whose powers, composition and term of office shall be defined atthe same time as the decision to set them up is taken; their term of office may notexceed 12 months, except where Parliament extends that term on its expiry.

As the powers, composition and term of office of special committees are decided at thesame time as those committees are set up, Parliament cannot subsequently decide toalter their powers by either increasing or reducing them.


Rule 185

Committees of inquiry


1. Parliament may, at the request of one quarter of its component Members,set up a committee of inquiry to investigate alleged contraventions of Union law oralleged maladministration in the application of Union law which would appear to bethe act of an institution or body of the European Union, of a public administrativebody of a Member State, or of persons empowered by Union law to implement thatlaw.

The decision to set up a committee of inquiry shall be published in the OfficialJournal of the European Union within one month. In addition, Parliament shall take allthe necessary steps to make this decision as widely known as possible.


2. The modus operandi of a committee of inquiry shall be governed by theprovisions of these Rules relating to committees, save as otherwise specificallyprovided for in this Rule and in the Decision of the European Parliament, the Counciland the Commission of 19 April 1995 on the detailed provisions governing theexercise of the European Parliament's right of inquiry, which is annexed to theseRules19.


3. The request to set up a committee of inquiry must specify precisely thesubject of the inquiry and include a detailed statement of the grounds for it.

Parliament, on a proposal from the Conference of Presidents, shall decide whether to18See Annex VII.

19See Annex IX.

set up a committee and, if it decides to do so, on its composition, in accordance withRule 186.


4. A committee of inquiry shall conclude its work by submitting a reportwithin not more than 12 months. Parliament may twice decide to extend this periodby three months.

Only full members or, in their absence, permanent substitutes may vote in acommittee of inquiry.


5. A committee of inquiry shall elect its Chair and two Vice-Chairs andappoint one or more rapporteurs. The committee may also assign responsibilities,duties or specific tasks to its members who must subsequently report to the committeein detail thereon.

In the interval between one meeting and another, the bureau of the committee shall, incases of urgency or need, exercise the committee's powers, subject to ratification atthe next meeting.


6. If a committee of inquiry considers that any of its rights have beeninfringed, it shall propose that the President take appropriate measures.


7. A committee of inquiry may contact the institutions or persons referred toin Article 3 of the Decision referred to in paragraph 2 with a view to holding a hearingor obtaining documents.

The travel and accommodation expenses of members and officials of Unioninstitutions and bodies shall be borne by those institutions and bodies. Travel andaccommodation expenses of other persons who appear before a committee of inquiryshall be reimbursed by the European Parliament in accordance with the rulesgoverning hearings of experts.

Persons called to give evidence before a committee of inquiry may claim the rightsthey would enjoy if appearing as a witness before a tribunal in their country of origin.

They must be informed of these rights before they make a statement to the committee.

With regard to the languages used, a committee of inquiry shall apply the provisionsof Rule 146. However, the bureau of the committee:- may restrict interpretation to the official languages of those taking part in thedeliberations, if it deems this necessary for reasons of confidentiality,- shall decide about translation of the documents received in such a way as toensure that the committee can carry out its deliberations efficiently and rapidlyand that the necessary secrecy and confidentiality are respected.


8. The Chair of a committee of inquiry shall, together with the bureau, ensurethat the secrecy or confidentiality of deliberations are respected and shall givemembers due notice to this effect.

The Chair shall also explicitly refer to the provisions of Article 2(2) of the Decisionreferred to above. Part A of Annex VIII to these Rules of Procedure shall apply.


9. Secret or confidential documents which have been forwarded shall beexamined using technical measures to ensure that only the members responsible forthe case have personal access to them. The members in question shall give a solemnundertaking not to allow any other person access to secret or confidential information,in accordance with this Rule, and to use such information exclusively for the purposesof drawing up their report for the committee of inquiry. Meetings shall be held onpremises equipped in such a way as to make it impossible for any non-authorisedpersons to listen to the proceedings.


10. After completion of its work a committee of inquiry shall submit toParliament a report on the results of its work, containing minority opinions ifappropriate in accordance with the conditions laid down in Rule 52. The report shallbe published.

At the request of the committee of inquiry Parliament shall hold a debate on the reportat the part-session following its submission.

The committee may also submit to Parliament a draft recommendation addressed toinstitutions or bodies of the European Union or the Member States.


11. The President shall instruct the committee responsible under Annex VII tomonitor the action taken on the results of the work of the committee of inquiry and, ifappropriate, to report thereon, and shall take any further steps which are deemedappropriate to ensure that the conclusions of the inquiry are acted upon in practice.

Only the proposal from the Conference of Presidents concerning the composition of acommittee of inquiry (paragraph 3) is open to amendment, in accordance with Rule186(2).

The subject of the inquiry as defined by one quarter of Parliament's componentMembers (paragraph 3) and the period laid down in paragraph 4 are not open toamendments.


Rule 186

Composition of committees


1. Members of committees and committees of inquiry shall be elected afternominations have been submitted by the political groups and the non-attachedMembers. The Conference of Presidents shall submit proposals to Parliament. Thecomposition of the committees shall, as far as possible, reflect the composition ofParliament.

When Members change their political group they shall retain, for the remainder oftheir two-and-a-half year term of office, the seats they hold in parliamentarycommittees. However, if a Member's change of political group has the effect ofdisturbing the fair representation of political views in a committee, new proposals forthe composition of that committee are made by the Conference of Presidents inaccordance with the procedure laid down in paragraph 1, second sentence, so that theindividual rights of the Member concerned are guaranteed.

The proportionality of the distribution of committee seats among political groupsmust not depart from the nearest appropriate whole number. If a group decides not totake seats on a committee, the seats in question will remain vacant and the committeewill be reduced in size by the corresponding number. Exchange of seats betweenpolitical groups is not allowed.


2. Amendments to the proposals by the Conference of Presidents shall beadmissible only if they are tabled by at least 40 Members. Parliament shall vote onsuch amendments by secret ballot.


3. Members shall be deemed to be elected on the basis of the proposals fromthe Conference of Presidents, as and where amended in accordance with paragraph 2.


4. If a political group fails to submit nominations for membership of acommittee of inquiry in accordance with paragraph 1 within a time limit set by theConference of Presidents, the Conference of Presidents shall submit to Parliamentonly the nominations communicated to it within that time-limit.


5. The Conference of Presidents may provisionally decide to fill any vacancyon a committee with the agreement of the persons to be appointed, having regard toparagraph 1.


6. Any such changes shall be placed before Parliament for ratification at thenext sitting.


Rule 187

Substitutes


1. The political groups and the non-attached Members may appoint a numberof permanent substitutes for each committee equal to the number of full membersrepresenting them on the committee. The President shall be informed accordingly.

These permanent substitutes shall be entitled to attend and speak at committeemeetings and, if the full member is absent, to take part in the vote.


2. In addition, in the absence of the full member and where permanentsubstitutes either have not been appointed or are absent, the full member of thecommittee may arrange to be represented at meetings by another member of the samepolitical group, who shall be entitled to vote. The Chair of the committee shall benotified of the name of the substitute prior to the beginning of the voting session.

Paragraph 2 shall apply, mutatis mutandis, to the non-attached Members.

The advance notification provided for in the last sentence of paragraph 2 must begiven before the end of the debate or before the opening of the vote on the item oritems for which the full member is to be replaced.

The provisions of this Rule encompass two concepts which are clearly defined by thistext:- a political group may not have more permanent substitutes on a committeethan it has full members;- only political groups are entitled to appoint permanent substitutes, on the solecondition that they inform the President.

To conclude:- the status of permanent substitutes depends exclusively on membership of agiven political group;- if the number of a political group's full members in a committee changes, themaximum number of permanent substitutes which it can appoint to thatcommittee changes accordingly;- Members who change their political group may not keep the status ofpermanent substitute which they had as members of their original group;- a committee member may not under any circumstances be a substitute for acolleague who belongs to another political group.


Rule 188

Duties of committees


1. Standing committees shall examine questions referred to them byParliament or, during an adjournment of the session, by the President on behalf of theConference of Presidents. The responsibilities of special committees and committeesof inquiry shall be defined when they are set up; they shall not be entitled to deliveropinions to other committees.

(See interpretation under Rule 184.) 2. If a standing committee declares itself not competent to consider aquestion, or a conflict arises over the competence of two or more standingcommittees, the question of competence shall be referred to the Conference ofPresidents within four working weeks of the announcement in Parliament of referralto committee.

The Conference of Presidents shall take a decision within six weeks on the basis of arecommendation from the Conference of Committee Chairs, or, if no suchrecommendation is forthcoming, from the latter's Chair. If the Conference ofPresidents fails to take a decision within that period, the recommendation shall bedeemed to have been approved.

The committee Chairs may enter into agreements with other committee Chairsconcerning the allocation of an item to a particular committee, subject, wherenecessary, to authorisation of a procedure with associated committees under Rule 50.


3. Should two or more standing committees be competent to deal with aquestion, one committee shall be named as the committee responsible and the othersas committees asked for opinions.

A question shall not, however, be referred simultaneously to more than threecommittees, unless it is decided for sound reasons to depart from this rule under theconditions laid down in paragraph 1.


4. Any two or more committees or subcommittees may jointly considermatters falling within their competence, but they may not take a decision.


5. Any committee may, with the agreement of Parliament's Bureau, instructone or more of its members to undertake a study or fact-finding mission.


Rule 189

Committee responsible for the verification of credentials

Among the committees set up in accordance with the provisions of these Rules, onecommittee shall be responsible for the verification of credentials and the preparationof decisions on any objections concerning the validity of elections.


Rule 190

Subcommittees


1. Subject to prior authorisation by the Conference of Presidents, a standingor special committee may, in the interests of its work, appoint one or moresubcommittees, at the same time determining their composition, in accordance withRule 186, and their areas of responsibility. Subcommittees shall report to thecommittee that set them up.


2. The procedure for subcommittees shall be the same as for committees. 3. Substitutes shall be allowed to sit on subcommittees under the sameconditions as on committees.


4. The application of these provisions must safeguard the interdependencebetween a subcommittee and the committee within which it is set up. For this purposeall the full members of a subcommittee shall be chosen from among the members ofthe parent committee.


Rule 191

Committee bureaux


1. At the first committee meeting after the election of committee memberspursuant to Rule 186, the committee shall elect a bureau consisting of a chair and ofvice-chairs who shall be elected in separate ballots. The number of vice-chairs to beelected shall be determined by Parliament upon a proposal by the Conference ofPresidents.

This Rule does not preclude the Chair of the main committee from involving theChairs of the subcommittees in the work of the bureau or from permitting them tochair debates on issues specifically dealt with by the subcommittees in question – onthe contrary, it allows this – provided that this way of proceeding is submitted to thebureau in its entirety for its consideration and that it receives the bureau's agreement.


2. Where the number of nominations corresponds to the number of seats to befilled, the election may take place by acclamation.

If this is not the case, or at the request of one-sixth of the members of the committee,the election shall take place by secret ballot.

If there is only one candidate, the election shall be won by an absolute majority of thevotes cast, these to include votes cast for and against.

If there is more than one candidate at the first ballot, the candidate who obtains anabsolute majority of the votes cast, as defined in the preceding subparagraph, shall beelected. At the second ballot, the candidate who obtains the highest number of votesshall be elected. In the event of a tie, the oldest candidate shall be elected.

Where a second ballot is required, new candidates may be nominated.


Rule 192

Committee coordinators and shadow rapporteurs


1. The political groups may designate one of their members as coordinator. 2. The committee coordinators shall if necessary be convened by theircommittee Chair to prepare decisions to be taken by the committee, in particulardecisions on procedure and the appointment of rapporteurs. The committee maydelegate the power to take certain decisions to the coordinators, with the exception ofdecisions concerning the adoption of reports, opinions or amendments. The Vice-Chairs may be invited to participate in the meetings of committee coordinators in aconsultative role. The coordinators shall endeavour to find a consensus. Whenconsensus cannot be reached, they may act only by a majority that clearly represents alarge majority of the committee, having regard to the respective strengths of thevarious groups.


3. The political groups may designate a shadow rapporteur for each report tofollow the progress of the relevant report and find compromises within the committeeon behalf of the group. Their names shall be communicated to the committee Chair.

The committee, on a proposal from the coordinators, may in particular decide toinvolve the shadow rapporteurs in seeking an agreement with the Council in ordinarylegislative procedures.


CHAPTER 2 COMMITTEES - FUNCTIONING

Rule 193

Committee meetings


1. A committee shall meet when convened by its Chair or at the request ofthe President.


2. The Commission and the Council may take part in committee meetings ifinvited to do so on behalf of a committee by its Chair.

By special decision of a committee, any other person may be invited to attend and tospeak at a meeting.

By analogy, the decision on whether to allow Members' assistants to be present atcommittee meetings is left to the discretion of each committee.

The committee responsible may, subject to approval by the Bureau, organise ahearing of experts if it considers such a hearing essential to the effective conduct of itswork on a particular subject.

Committees asked for opinions may attend the hearing if they so wish.

Provisions of this paragraph shall be interpreted in accordance with the point 50 ofthe Framework Agreement on relations between the European Parliament and theEuropean Commission20.


3. Without prejudice to Rule 49(6) and unless the committee concerneddecides otherwise, Members may attend meetings of committees to which they do notbelong but may not take part in their deliberations.

20See Annex XIV.

Such Members may, however, be allowed by the committee to take part in itsproceedings in an advisory capacity.


Rule 194

Minutes of committee meetings

The minutes of each meeting of a committee shall be distributed to all its membersand submitted to the committee for its approval.


Rule 195

Voting in committee


1. Any Member may table amendments for consideration in committee. 2. A committee may validly vote when one quarter of its members areactually present. However, if so requested by one sixth of its members before votingbegins, the vote shall be valid only if the majority of the component members of thecommittee have taken part in it.


3. Voting in committee shall be by show of hands, unless a quarter of thecommittee's members request a vote by roll call. In this case the vote shall be taken inaccordance with Rule 167(2).


4. The Chair may take part in discussions and may vote, but without having acasting vote.


5. In the light of the amendments tabled, the committee may, instead ofproceeding to a vote, ask the rapporteur to submit a new draft taking account of asmany of the amendments as possible. A new deadline shall then be set foramendments to this draft.


Rule 196

Provisions concerning plenary sittings applicable in committee

Rules 12, 13, 14, 17, 18, 36 to 44, 148, 149(2) and (10), 152, 154, 156 to 159, 161,163(1), 164, 165, 168, 169, 171 to 174, 177 and 178 shall apply mutatis mutandis tocommittee meetings.


Rule 197

Question Time in committee

Question Time may be held in committee if a committee so decides. Each committeeshall decide on its own rules for the conduct of Question Time.


CHAPTER 3 INTERPARLIAMENTARY DELEGATIONS

Rule 198

Setting-up and duties of interparliamentary delegations


1. On a proposal from the Conference of Presidents, Parliament shall set upstanding interparliamentary delegations and decide on their nature and the number oftheir members in the light of their duties. The members shall be elected during thefirst or second part-session following the re-election of Parliament for the duration ofthe parliamentary term.


2. Members of the delegations shall be elected after nominations have beensubmitted to the Conference of Presidents by the political groups and the non-attachedMembers. The Conference of Presidents shall submit to Parliament proposalsdesigned to ensure as far as possible that Member States and political views are fairlyrepresented. Rule 186(2), (3), (5) and (6) shall apply.


3. The bureaux of the delegations shall be constituted in accordance with theprocedure laid down for the standing committees in Rule 191.


4. Parliament shall determine the general powers of the individualdelegations. It may at any time decide to increase or restrict those powers.


5. The implementing provisions needed to enable the delegations to carry outtheir work shall be adopted by the Conference of Presidents on a proposal from theConference of Delegation Chairs.


6. The Chair of a delegation shall submit to the committee responsible forforeign affairs and security a report on the activities of the delegation.


7. The Chair of a delegation shall be given an opportunity to be heard by acommittee when an item on the agenda which touches on the delegation's area ofresponsibility. The same shall apply to the Chair or rapporteur of that committee inthe case of meetings of the delegation.


Rule 199

Cooperation with the Parliamentary Assembly of the Council of

Europe 1. Parliament's bodies, particularly the committees, shall cooperate with theircounterparts at the Parliamentary Assembly of the Council of Europe in fields ofmutual interest, with the aim in particular of improving the efficiency of their workand avoiding duplication of effort.


2. The Conference of Presidents, in agreement with the competent authoritiesof the Parliamentary Assembly of the Council of Europe, shall decide on thearrangements for implementing these provisions.


Rule 200

Joint parliamentary committees


1. The European Parliament may set up joint parliamentary committees withthe parliaments of States associated with the Union or States with which accessionnegotiations have been initiated.

Such committees may formulate recommendations for the parliaments involved. Inthe case of the European Parliament, these recommendations shall be referred to thecommittee responsible, which shall put forward proposals on the action to be taken.


2. The general responsibilities of the various joint parliamentary committeesshall be defined by the European Parliament and by the agreements with the thirdcountries.


3. Joint parliamentary committees shall be governed by the procedures laiddown in the relevant agreement. Such procedures shall be based on the principle ofparity between the delegation of the European Parliament and that of the parliamentinvolved.


4. Joint parliamentary committees shall draw up their own rules of procedureand submit them for approval to the bureaux of the European Parliament and of theparliament involved.


5. The election of the members of European Parliament delegations to jointparliamentary committees and the constitution of the bureaux of these delegationsshall take place in accordance with the procedure laid down for interparliamentarydelegations.


TITLE VIII PETITIONS

Rule 201

Right of petition


1. Any citizen of the European Union and any natural or legal person residingor having its registered office in a Member State shall have the right to address,individually or in association with other citizens or persons, a petition to Parliamenton a matter which comes within the European Union's fields of activity and whichaffects him, her or it directly.


2. Petitions to Parliament shall show the name, nationality and permanentaddress of each petitioner.


3. Where a petition is signed by several natural or legal persons, thesignatories shall designate a representative and deputy representatives who shall beregarded as the petitioners for the purposes of this Title.

If no such representatives have been designated the first signatory or anotherappropriate person shall be regarded as the petitioner.


4. Each petitioner may at any time withdraw support for the petition.After withdrawal of support by all the petitioners the petition shall become null andvoid.


5. Petitions must be written in an official language of the European Union.Petitions written in any other language will be considered only if the petitioner hasattached a translation in an official language. Parliament's correspondence with thepetitioner shall employ the official language in which the translation is drawn up.

The Bureau may decide that petitions and correspondence with petitioners may bedrafted in other languages used in a Member State.


6. Petitions shall be entered in a register in the order in which they arereceived if they comply with the conditions laid down in paragraph 2; those that donot shall be filed, and the petitioner shall be informed of the reasons for this.


7. Petitions entered in the register shall be forwarded by the President to thecommittee responsible, which shall first establish the admissibility or otherwise of thepetition in accordance with Article 227 of the Treaty on the Functioning of theEuropean Union.

If the committee responsible fails to reach a consensus on the admissibility of thepetition, it shall be declared admissible at the request of at least one quarter of themembers of the committee.


8. Petitions declared inadmissible by the committee shall be filed; thepetitioner shall be informed of the decision and the reasons for it. Where possible,alternative means of redress may be recommended.


9. Petitions, once registered, shall as a general rule become publicdocuments, and the name of the petitioner and the contents of the petition may bepublished by Parliament for reasons of transparency.


10. Notwithstanding the provisions contained in paragraph 9, the petitionermay request that his or her name be withheld in order to protect his or her privacy, inwhich case Parliament must comply with the request.

Where the petitioner's complaint cannot be investigated for reasons of anonymity, thepetitioner shall be consulted as to the further steps to be taken.


11. The petitioner may request that his or her petition be treated confidentially,in which case suitable precautions shall be taken by Parliament to ensure that thecontents are not made public. The petitioner shall be told under which preciseconditions this provision is to apply.


12. Where the committee deems it appropriate, it may refer the matter to theOmbudsman.


13. Petitions addressed to Parliament by natural or legal persons who areneither citizens of the European Union nor reside in a Member State nor have theirregistered office in a Member State shall be registered and filed separately. ThePresident shall send a monthly record of such petitions received during the previousmonth, indicating their subject-matter, to the committee responsible for consideringpetitions, which may ask to see those which it wishes to consider.


Rule 202

Examination of petitions


1. Admissible petitions shall be considered by the committee responsible inthe course of its normal activity, either through discussion at a regular meeting or bywritten procedure. Petitioners may be invited to participate in meetings of thecommittee if their petition is to be the subject of discussion, or they may ask to bepresent. The right to speak shall be granted to petitioners at the discretion of the Chair.


2. The committee may, with regard to an admissible petition, decide to drawup an own-initiative report in accordance with Rule 48(1) or to submit a short motionfor a resolution to Parliament, provided that there is no objection by the Conference ofPresidents. Such motions for resolutions shall be placed on the draft agenda for thepart-session held no later than eight weeks after their adoption in committee. Theyshall be put to a single vote and shall also be without debate unless the Conference ofPresidents exceptionally decides to apply Rule 139.

The committee may request opinions from other committees that have specificresponsibility for the issue under consideration in accordance with Rule 49 and AnnexVII.


3. Where the report deals with, in particular, the application or interpretationof Union law or proposed changes to existing law, the committee responsible for thesubject-matter shall be associated in accordance with Rule 49(1) and the first andsecond indents of Rule 50. The committee responsible shall accept without a votesuggestions for parts of the motion for a resolution received from the committeeresponsible for the subject-matter which deal with the application or interpretation ofUnion law or changes to existing law. If the committee responsible does not acceptsuch suggestions, the associated committee may table them directly in plenary.


4. An electronic register shall be set up in which citizens may lend orwithdraw support to the petitioner, appending their own electronic signature topetitions which have been declared admissible and entered in the register.


5. When investigating petitions, establishing facts or seeking solutions thecommittee may organise fact-finding visits to the Member State or region concernedby the petition.

Reports on the visits shall be drafted by their participants. They shall be forwarded tothe President after approval by the committee.


6. The committee may request assistance from the Commission particularlyin the form of information on the application of, or compliance with, Union law andinformation or documents relevant to the petition. Representatives of the Commissionshall be invited to attend meetings of the committee.


7. The committee may ask the President to forward its opinion orrecommendation to the Commission, the Council or the Member State authorityconcerned for action or response.


8. The committee shall inform Parliament every six months of the outcome ofits deliberations.

The committee shall, in particular, inform Parliament of the measures taken by theCouncil or the Commission on petitions referred to them by Parliament.


9. The petitioner shall be informed of the decision taken by the committeeand the reasons for that decision.

When consideration of an admissible petition has been concluded, it shall be declaredclosed and the petitioner informed.


Rule 203

Notice of petitions


1. Notice shall be given in Parliament of the petitions entered in the registerreferred to in Rule 201(6) and the main decisions on the procedure to be followed inrelation to specific petitions. Such announcements shall be entered in the minutes ofproceedings.


2. The title and a summary of the texts of petitions entered in the register,together with the texts of the opinions and the most important decisions forwarded inconnection with the examination of the petitions, shall be made available to the publicin a database, provided the petitioner agrees. Confidential petitions shall be preservedin the records of Parliament, where they shall be available for inspection by Members.


TITLE IX OMBUDSMAN

Rule 204

Election of the Ombudsman


1. At the start of each parliamentary term, immediately after his election or inthe cases referred to in paragraph 8, the President shall call for nominations for theoffice of Ombudsman and set a time-limit for their submission. A notice calling fornominations shall be published in the Official Journal of the European Union.


2. Nominations must have the support of at least 40 Members who arenationals of at least two Member States.

Each Member may support only one nomination.

Nominations shall include all the supporting documents needed to show conclusivelythat the nominee fulfils the conditions required by the Regulations on theOmbudsman.


3. Nominations shall be forwarded to the committee responsible, which mayask to hear the nominees.

Such hearings shall be open to all Members.


4. A list of admissible nominations in alphabetical order shall then besubmitted to the vote of Parliament.


5. The vote shall be held by secret ballot on the basis of a majority of thevotes cast.

If no candidate is elected after the first two ballots, only the two candidates obtainingthe largest number of votes in the second ballot may continue to stand.

In the event of any tie the oldest candidate shall be appointed.


6. Before opening the vote, the President shall ensure that at least half ofParliament's component Members are present.


7. The person elected shall immediately be called upon to take an oath beforethe Court of Justice.


8. The Ombudsman shall exercise his duties until his successor takes office,except in the case of his death or dismissal.


Rule 205

Activities of the Ombudsman


1. The decision on the regulations and general conditions governing theperformance of the Ombudsman's duties and the provisions implementing thatdecision as adopted by the Ombudsman are annexed to these Rules of Procedure21forinformation.


2. The Ombudsman shall, in accordance with Article 3(6) and (7) of theabovementioned decision, inform Parliament of cases of maladministration, on which21See Annex XI.

the committee responsible may draw up a report. The Ombudsman shall also, inaccordance with Article 3(8) of that decision, submit a report to Parliament at the endof each annual session on the outcome of his inquiries. The committee responsibleshall draw up a report thereon which shall be submitted to Parliament for debate.


3. The Ombudsman may also provide the committee responsible withinformation at its request, or be heard by it on his own initiative.


Rule 206

Dismissal of the Ombudsman


1. One tenth of Parliament's component Members may request theOmbudsman's dismissal if he no longer fulfils the conditions required for theperformance of his duties or is guilty of serious misconduct.


2. The request shall be forwarded to the Ombudsman and to the committeeresponsible, which, if it decides by a majority of its members that the reasons are wellfounded, shall submit a report to Parliament. If he so requests, the Ombudsman shallbe heard before the report is put to the vote. Parliament shall, following a debate, takea decision by secret ballot.


3. Before opening the vote, the President shall ensure that half of Parliament'scomponent Members are present.


4. If the vote is in favour of the Ombudsman's dismissal and he does notresign accordingly the President shall, at the latest by the part-session following thatat which the vote was held, apply to the Court of Justice to have the Ombudsmandismissed with a request for a ruling to be given without delay.

Resignation by the Ombudsman shall terminate the procedure.


TITLE X PARLIAMENT'S SECRETARIAT

Rule 207

Secretariat


1. Parliament shall be assisted by a Secretary-General appointed by theBureau.

The Secretary-General shall give a solemn undertaking before the Bureau to performhis duties conscientiously and with absolute impartiality.


2. The Secretary-General shall head a Secretariat the composition andorganisation of which shall be determined by the Bureau.


3. The Bureau shall decide on the establishment plan of the Secretariat andlay down regulations relating to the administrative and financial situation of officialsand other servants.

The Bureau shall also decide on the categories of officials and other servants to whichArticles 11 to 13 of the Protocol on the Privileges and Immunities of the EuropeanUnion are to apply wholly or in part.

The President of Parliament shall inform the appropriate institutions of the EuropeanUnion accordingly.


TITLE XI POWERS AND RESPONSIBILITIES RELATING TO

POLITICAL PARTIES AT EUROPEAN LEVEL

Rule 208

Powers and responsibilities of the President

The President shall represent Parliament in its relations with political parties atEuropean level, in accordance with Rule 20(4).


Rule 209

Powers and responsibilities of the Bureau


1. The Bureau shall take a decision on any application for funding submittedby a political party at European level and on the distribution of appropriationsamongst the beneficiary political parties. It shall draw up a list of the beneficiaries andof the amounts allocated.


2. The Bureau shall decide whether to suspend or reduce funding andwhether to recover amounts which have been wrongly paid.


3. After the end of the budget year the Bureau shall approve the beneficiarypolitical parties' final activity reports and final financial statements.


4. Under the terms and conditions laid down in Regulation (EC) No2004/2003 of the European Parliament and of the Council the Bureau may granttechnical assistance to political parties at European level in accordance with theirproposals. The Bureau may delegate specific types of decisions to grant technicalassistance to the Secretary-General.


5. In all the cases set out in paragraphs 1 to 4 the Bureau shall act on the basisof a proposal from the Secretary-General. Except in the cases set out in paragraphs 1and 4 the Bureau shall, before taking a decision, hear the representatives of thepolitical party concerned. The Bureau may at any time consult the Conference ofPresidents.


6. Where Parliament - following verification - establishes that a politicalparty at European level has ceased to observe the principles of liberty, democracy,respect for human rights and fundamental freedoms and the rule of law, the Bureaushall decide that that political party shall be excluded from funding.


Rule 210

Powers and responsibilities of the committee responsible and of

Parliament's plenary 1. At the request of one-quarter of Parliament's Members representing at leastthree political groups, the President, following an exchange of views in theConference of Presidents, shall call upon the committee responsible to verify whetheror not a political party at European level is continuing (particularly in its programmeand in its activities) to observe the principles upon which the European Union isfounded, namely the principles of liberty, democracy, respect for human rights andfundamental freedoms, and the rule of law.


2. Before submitting a proposal for a decision to Parliament, the committeeresponsible shall hear the representatives of the political party concerned. It shall askfor and consider the opinion of a committee of independent eminent persons, asprovided for in Regulation (EC) No 2004/2003.


3. Parliament shall vote (by a majority of the votes cast) on the proposal for adecision establishing that the political party concerned either does or does not observethe principles set out in paragraph 1. No amendment may be tabled. In either case, ifthe proposal for a decision does not secure a majority, a decision to the contrary shallbe deemed to have been adopted.


4. Parliament’s decision shall apply with effect from the day upon which therequest referred to in paragraph 1 was tabled.


5. The President shall represent Parliament on the committee of independenteminent persons.


6. The committee responsible shall draw up the report provided for inRegulation (EC) No 2004/2003 on the application of that Regulation and the activitiesfunded, and shall submit it in plenary.


TITLE XII APPLICATION AND AMENDMENT OF THE RULES

OF PROCEDURE

Rule 211

Application of the Rules of Procedure


1. Should doubt arise over the application or interpretation of these Rules ofProcedure, the President may refer the matter to the committee responsible forexamination.

Committee Chairs may do so when such a doubt arises in the course of thecommittee's work and is related to it.


2. The committee shall decide whether it is necessary to propose anamendment to the Rules of Procedure. If this should be the case, it shall proceed inaccordance with Rule 212.


3. Should the committee decide that an interpretation of the existing Rules issufficient, it shall forward its interpretation to the President who shall informParliament at its next part-session.


4. Should a political group or at least 40 Members contest the committee'sinterpretation, the matter shall be put to the vote in Parliament. Adoption of the textshall be by a majority of the votes cast, provided that at least one third of Parliament'scomponent Members are present. In the event of rejection, the matter shall be referredback to the committee.


5. Uncontested interpretations and interpretations adopted by Parliament shallbe appended in italic print as explanatory notes to the appropriate Rule or Rules.


6. Interpretations shall constitute precedents for the future application andinterpretation of the Rules concerned.


7. The Rules of Procedure and interpretations shall be reviewed regularly bythe committee responsible.


8. Where these Rules confer rights on a specific number of Members, thatnumber shall be automatically adjusted to the nearest whole number representing thesame percentage of Parliament's membership whenever the total size of Parliament isincreased, in particular following enlargements of the European Union.


Rule 212

Amendment of the Rules of Procedure


1. Any Member may propose amendments to these Rules and to theirannexes accompanied, where appropriate, by short justifications.

Such proposed amendments shall be translated, printed, distributed and referred to thecommittee responsible, which shall examine them and decide whether to submit themto Parliament.

For the purpose of applying Rules 156, 157 and 161 to consideration of such proposedamendments in Parliament, references made in those Rules to the 'original text' or theproposal for a legislative act shall be considered as referring to the provision in forceat the time.


2. Amendments to these Rules shall be adopted only if they secure the votesof a majority of the component Members of Parliament.


3. Unless otherwise specified when the vote is taken, amendments to theseRules and to their annexes shall enter into force on the first day of the part-sessionfollowing their adoption.


TITLE XIII MISCELLANEOUS PROVISIONS

Rule 213

The symbols of the Union


1. Parliament shall recognise and espouse the following symbols of theUnion:- the flag showing a circle of twelve golden stars on a blue background;- the anthem based on the "Ode to Joy" from the Ninth Symphony by Ludwigvan Beethoven;- the motto "United in diversity".


2. Parliament shall celebrate Europe Day on 9 May. 3. The flag shall be flown at all Parliament premises and on the occasion ofofficial events. The flag shall be used in each meeting room of the Parliament.


4. The anthem shall be performed at the opening of each constitutive sittingand at other solemn sittings, particularly to welcome heads of State or government orto greet new Members following enlargements.


5. The motto shall be reproduced on Parliament's official documents. 6. The Bureau shall examine further use of the symbols within theParliament. The Bureau shall lay down detailed provisions for the implementation ofthis Rule.


Rule 214

Unfinished business

At the end of the last part-session before elections, all Parliament's unfinishedbusiness shall be deemed to have lapsed, subject to the provisions of the secondparagraph.

At the beginning of each parliamentary term, the Conference of Presidents shall take adecision on reasoned requests from parliamentary committees and other institutions toresume or continue the consideration of such matters.

These provisions shall not apply to petitions and communications that do not require adecision.


Rule 215

Arrangement of annexes

The annexes to these Rules of Procedure shall be arranged under the following fourheadings:a) implementing provisions for procedures under these Rules, adopted by amajority of the votes cast (Annex VII);b) provisions adopted in implementation of specific terms of the Rules ofProcedure and in accordance with the procedures and majority rules laid downtherein (Annexes I, II, III, IV, VI, VIII(A), (C) and (D), and X);c) interinstitutional agreements or other provisions adopted in accordance withthe Treaties which are applicable within Parliament or which have a bearingon its operation. Decisions to annex such provisions to the Rules of Procedureshall be taken by Parliament by a majority of the votes cast, on a proposalfrom its committee responsible (Annexes VIII(B), IX, XI, XII, XIII, XIV, XV,XIX and XX);d) guidelines and codes of conduct adopted by the relevant bodies of Parliament(Annexes XVI, XVII, XVIII and XXI).


Rule 216

Corrigenda


1. If an error is identified in a text adopted by Parliament, the President shall,where appropriate, refer a draft corrigendum to the committee responsible.


2. If an error is identified in a text adopted by Parliament and agreed withother institutions, the President shall seek the agreement of those institutions on thenecessary corrections before proceeding in accordance with paragraph 1.


3. The committee responsible shall examine the draft corrigendum andsubmit it to Parliament if it is satisfied that an error has occurred which can becorrected in the proposed manner.


4. The corrigendum shall be announced at the following part-session. It shallbe deemed approved unless, not later than 48 hours after its announcement, a requestis made by a political group or at least 40 Members that it be put to the vote. If thecorrigendum is not approved, it shall be referred back to the committee responsiblewhich may propose an amended corrigendum or close the procedure.


5. Approved corrigenda shall be published in the same way as the text towhich they refer. Rules 72, 73 and 74 shall apply mutatis mutandis.


ANNEX I Provisions governing the application of Rule 9(1) -

Transparency and Members' financial interestsArticle 1 1. Before speaking in Parliament or in one of its bodies or if proposed asrapporteur, any Member who has a direct financial interest in the subject under debateshall disclose this interest to the meeting orally.


2. Before Members may be validly nominated as office-holders of Parliamentor one of its bodies, under Rule 13, 191 or 198(2), or participate in an officialdelegation, under Rule 68 or 198(2), they must have duly completed the declarationprovided for in Article 2.

Article 2The Quaestors shall keep a register in which all Members shall make a personal,detailed declaration of:a) their professional activities and any other remunerated functions or activities,b) any salary which the Member receives for the exercise of a mandate in anotherparliament,c) any support, whether financial or in terms of staff or material, additional tothat provided by Parliament and granted to them in connection with theirpolitical activities by third parties, whose identity shall be disclosed.

Members of Parliament shall refrain from accepting any other gift or benefit in theperformance of their duties.

The declarations in the register shall be made under the personal responsibility of theMember and must be updated every year.

The Bureau may, from time to time, draw up a list of matters which it considersshould be declared in the register.

If after the appropriate request Members do not fulfil their obligation to submit adeclaration under (a) and (b), the President shall remind them once again to submit thedeclaration within two months. If the declaration has not been submitted within thetime limit, the names of the Members concerned together with an indication of theinfringement shall be published in the minutes of the first day of each part-sessionafter expiry of the time-limit. If the Members concerned continue to refuse to submitthe declaration after the infringement has been published the President shall takeaction in accordance with Rule 153 to suspend them.

Chairs of groupings of Members, both intergroups and other unofficial groupings ofMembers, shall be required to declare any support, whether in cash or kind (e.g.

secretarial assistance), which if offered to Members as individuals would have to bedeclared under this Article.

The Quaestors shall be responsible for keeping a register and drawing up detailedrules for the declaration of outside support by such groupings.

Article 3The register shall be open to the public for inspection.

The register may be open to the public for inspection electronically.

Article 4Members shall be subject to the obligations imposed on them by the legislation of theMember State in which they are elected as regards the declaration of assets.


ANNEX II Conduct of Question Time under Rule 116

A. Guidelines 1. Questions shall be admissible only where they- are concise and are drafted so as to permit a brief answer to be given;- fall within the competence and sphere of responsibility of the Commission andthe Council and are of general interest;- do not require extensive prior study or research by the institution concerned;- are clearly worded and relate to a specific matter;- do not contain assertions or opinions;- do not relate to strictly personal matters;- are not aimed at procuring documents or statistical information;- are interrogatory in form.


2. A question shall be inadmissible if the agenda already provides for thesubject to be discussed with the participation of the institution concerned.


3. A question shall be inadmissible if an identical or similar question hasbeen put down and answered during the preceding three months, or to the extent thatit merely seeks information on the follow-up to a specific resolution of Parliament ofa kind which the Commission has already provided in a written follow-upcommunication, unless there are new developments or the author is seeking furtherinformation. In the first case a copy of the question and the answer shall be given tothe author.

Supplementary questions 4. Each Member may follow up the reply with a supplementary question toany question and may put in all two supplementary questions.


5. Supplementary questions shall be subject to the rules of admissibility laiddown in these Guidelines.


6. The President shall rule on the admissibility of supplementary questionsand shall limit their number so that each Member who has put down a question mayreceive an answer to it.

The President shall not be obliged to declare a supplementary question admissible,even if it satisfies the foregoing conditions of admissibility, if:a) it is likely to upset the normal conduct of Question Time, orb) the main question to which it relates has already been adequately covered byother supplementary questions, orc) it has no direct bearing on the main question.

Answers to questions 7. The institution concerned shall ensure that answers are concise and arerelevant to the subject of the question.


8. If the content of the questions concerned permits it, the President maydecide, after consulting the questioners, that the institution concerned should answerthem together.


9. A question may be answered only if the questioner is present or hasnotified the President in writing, before Question Time begins, of the name of asubstitute.


10. If neither the questioner nor a substitute is present, the question shall lapse. 11. If a Member tables a question, but neither that Member nor a substitute ispresent at Question Time, the President shall remind the Member in writing of his orher responsibility to be present or substituted. If the President has to send such a letterthree times in the space of any twelve-month period, the Member concerned shall losethe right to table questions at Question Time for a six-month period.


12. Questions that remain unanswered for lack of time shall be answered inaccordance with Rule 117(4), first subparagraph, unless their authors request theapplication of Rule 117(3).


13. The procedure for answers in writing shall be governed by Rule 117(3)and (5).

Time limits 14. Questions shall be tabled at least one week before Question Time begins.Questions not tabled within this time limit may be taken during Question Time withthe consent of the institution concerned.

Questions declared admissible shall be distributed to Members and forwarded to theinstitutions concerned.

B. Recommendations(extract from resolution of Parliament of 13 November 1986)The European Parliament, 1. Recommends stricter application of the guidelines for the conduct ofQuestion Time under Rule 4322, and in particular of point 1 of those guidelinesconcerning admissibility; 2. Recommends more frequent use of the power conferred on the President ofthe European Parliament by Rule 43(3)23to group questions for Question Timeaccording to subject; considers, however, that only the questions falling within the22Now Rule 116.

23Now Rule 116(3).

first half of the list of questions tabled for a given part-session should be subject tosuch grouping; 3. Recommends, as regards supplementary questions, that as a general rulethe President should allow one supplementary question from the questioner and one orat most two supplementaries put by Members belonging preferably to a differentpolitical group and/or Member State from the author of the main question; recalls thatsupplementary questions must be concise and interrogatory in form and suggests thattheir duration should not exceed 30 seconds; 4. Invites the Commission and the Council, pursuant to point 7 of theguidelines, to ensure that answers are concise and relevant to the subject of thequestion.


ANNEX III Guidelines for questions for written answer under Rules

117 and 118 1. Questions for written answer shall:- clearly specify the addressee to whom they are to be transmitted through theusual interinstitutional channels;- fall within the competence and sphere of responsibility of the addressee and beof general interest;- be concise and contain an understandable interrogation;- not contain offensive language;- not relate to strictly personal matters.


2. If a question does not comply with these guidelines, the Secretariat shallprovide the author with advice on how the question may be drafted in order to beadmissible.


3. If an identical or similar question has been put and answered during thepreceding six months, or to the extent that a question merely seeks information on thefollow-up to a specific resolution of Parliament of a kind which the Commission hasalready provided in a written follow-up communication, the Secretariat shall transmita copy of the previous question and answer to the author. The renewed question shallnot be forwarded to the addressee unless the author invokes new significantdevelopments or is seeking further information.


4. If a question seeks factual or statistical information that is alreadyavailable to Parliament's library, the latter shall inform the Member, who maywithdraw the question.


5. Questions concerning related matters may be answered together.

ANNEX IV Guidelines and general principles to be followed when

choosing the subjects to be included on the agenda for the debate oncases of breaches of human rights, democracy and the rule of lawprovided for under Rule 122Fundamental principles 1. Priority shall be given to motions for resolutions intended to lead to a votein Parliament addressed to the Council, the Commission, the Member States, thirdcountries or international bodies, before a particular event, provided that the currentpart-session is the only part-session of the European Parliament at which a vote can beheld in time.


2. Motions for resolutions shall not exceed 500 words. 3. Subjects relating to the responsibilities of the European Union as laiddown by the Treaties shall be given priority, provided they are of major importance.


4. The number of subjects chosen shall be such as to allow a debatecommensurate with their importance and should not exceed three, including sub-chapters.

Practical details 5. The fundamental principles applied in determining the choice of subjectsto be included in the debate on cases of breaches of human rights, democracy and therule of law shall be notified to Parliament and the political groups.

Limitation and allocation of speaking time 6. In order to make better use of the time available, the President, afterconsulting the political group Chairs, shall reach agreement with the Council and theCommission on the limitation of the speaking time for their respective statements, ifany, in the debate on cases of breaches of human rights, democracy and the rule oflaw.

Deadline for tabling amendments 7. The deadline for tabling amendments shall allow sufficient time betweentheir distribution in the official languages and the time set for the debate on themotions for resolutions to enable Members and political groups to give them dueconsideration.


ANNEX V Deleted

ANNEX VI Procedure for the consideration and adoption of

decisions on the granting of dischargeArticle 1 Documents 1. The following documents shall be printed and distributed:a) the revenue and expenditure account, the financial analysis and the balancesheet forwarded by the Commission;b) the Annual Report and special reports of the Court of Auditors, accompaniedby the Institutions' answers;c) the statement of assurance as to the reliability of the accounts and the legalityand regularity of the underlying transactions provided by the Court of Auditorspursuant to Article 287 of the Treaty on the Functioning of the EuropeanUnion;d) the Council recommendation.


2. These documents shall be referred to the committee responsible. Anycommittee concerned may deliver an opinion.


3. If other committees wish to deliver opinions, the President shall set thetime-limit within which these shall be communicated to the committee responsible.

Article 2 Consideration of report 1. Parliament shall consider a report from the committee responsibleconcerning discharge by 30 April of the year following the adoption of the Court ofAuditors' Annual Report as required by the Financial Regulation.


2. Parliament's Rules relating to amendments and voting shall apply unlessotherwise provided in this Annex.

Article 3 Content of the Report 1. The discharge report drawn up by the committee responsible shallcomprise:a) a proposal for a decision granting discharge or postponing the dischargedecision (April part-session vote) or a proposal for a decision granting orrefusing to grant discharge (October part-session vote);b) a proposal for a decision closing the accounts of all the Union's revenue,expenditure, assets and liabilities;c) a motion for a resolution containing comments accompanying the proposal fora decision referred to in point (a) including both an assessment of theCommission's budgetary management over the financial year and observationsrelating to the implementation of expenditure for the future;d) as an Annex, a list of the documents received from the Commission and thoserequested but not received;e) the opinions of the committees concerned.


2. If the committee responsible proposes postponing the discharge decision,the relevant motion for a resolution shall also set out, inter alia:a) the reasons for postponement;b) the further action that the Commission is expected to take and the deadlinesfor doing so;c) the documents required for Parliament to take an informed decision.

Article 4 Consideration and vote in Parliament 1. Any report by the committee responsible concerning the discharge shall beincluded on the agenda of the first part-session following its tabling.


2. Amendments shall be admissible only to the motion for a resolution tabledin accordance with Article 3(1)(c).


3. Unless otherwise stipulated in Article 5, the vote on the proposals fordecisions and the motion for a resolution shall follow the order of Article 3.


4. Parliament shall decide by a majority of the votes cast, in accordance withArticle 231 of the Treaty on the Functioning of the European Union.

Article 5 Procedural variants 1. April part-session voteIn the first instance, the discharge report shall propose either to grant or to postponedischarge.

(a) If a proposal to grant discharge secures a majority, discharge is granted. This shallalso constitute closure of the accounts.

If a proposal to grant discharge fails to secure a majority, discharge shall be deemedto be postponed and the committee responsible shall table a new report within sixmonths containing a new proposal to grant or refuse to grant discharge.

(b) If a proposal to postpone discharge is adopted, the committee responsible shalltable a new report within six months containing a new proposal to grant or refuse togrant discharge. In this case the closure of accounts shall also be postponed andretabled with the new report.

If a proposal to postpone discharge fails to secure a majority, discharge shall bedeemed granted. In this instance the decision shall also constitute closure of theaccounts. The motion for resolution may still be put to the vote.


2. October part-session voteIn the second instance, the discharge report shall propose either to grant or to refuse togrant discharge.

(a) If a proposal to grant discharge secures a majority, discharge is granted. This shallalso constitute closure of the accounts.

If a proposal to grant discharge fails to secure a majority, this shall constitute refusalof discharge. A formal proposal to close the accounts for the year in question shall besubmitted at a subsequent part-session at which the Commission shall be invited tomake a statement.

(b) If a proposal to refuse discharge secures a majority, a formal proposal to close theaccounts for the year in question shall be submitted at a subsequent part-session atwhich the Commission shall be invited to make a statement.

If a proposal to refuse discharge fails to secure a majority, discharge shall be deemedgranted. In this instance the decision shall also constitute closure of accounts. Themotion for resolution may still be put to the vote.


3. In the event that the motion for resolution or the proposal on closurecontains provisions which contradict Parliament's vote on the discharge, the President,after consulting the Chair of the committee responsible, may postpone that vote andfix a new deadline for tabling amendments.

Article 6 Implementation of discharge decisions 1. The President shall forward any decision or resolution of Parliamentadopted pursuant to Article 3 to the Commission and to each of the other institutionsand shall arrange for their publication in the Official Journal of the European Union inthe series appropriate to acts of a legislative character.


2. The committee responsible shall report to Parliament at least annually onthe action taken by the institutions in response to the comments accompanying thedischarge decisions and the other comments contained in Parliament's resolutionsconcerning the implementation of expenditure.


3. On the basis of a report by the committee responsible for budgetarycontrol, the President, acting on behalf of Parliament, may bring an action before theCourt of Justice of the European Union against the institution concerned, pursuant toArticle 265 of the Treaty on the Functioning of the European Union, for failure tocomply with the obligations deriving from the comments accompanying the dischargedecision or the other resolutions concerning implementation of expenditure.


ANNEX VII Powers and responsibilities of standing committees24

I. Committee on Foreign Affairs

Committee responsible for:

  • 1. the common foreign and security policy (CFSP) and the European security anddefence policy (ESDP). In this context the committee is assisted by asubcommittee on security and defence;
  • 2. relations with other EU institutions and bodies, the UNO and otherinternational organisations and interparliamentary assemblies for mattersfalling under its responsibility;
  • 3. the strengthening of political relations with third countries, particularly thosein the immediate vicinity of the Union, by means of major cooperation andassistance programmes or international agreements such as association andpartnership agreements;
  • 4. the opening, monitoring and concluding of negotiations concerning theaccession of European States to the Union;
  • 5. issues concerning human rights, the protection of minorities and the promotionof democratic values in third countries. In this context the committee isassisted by a subcommittee on human rights. Without prejudice to the relevantrules, members from other committees and bodies with responsibilities in thisfield shall be invited to attend the meetings of the subcommittee. The committee coordinates the work of joint parliamentary committees andparliamentary cooperation committees as well as that of the interparliamentarydelegations and ad hoc delegations and election observation missions falling within itsremit.

II. Committee on Development

Committee responsible for:

  • 1. the promotion, implementation and monitoring of the development andcooperation policy of the Union, notably:a) political dialogue with developing countries, bilaterally and in therelevant international organisations and interparliamentary fora,b) aid to, and cooperation agreements with, developing countries,c) promotion of democratic values, good governance and human rights indeveloping countries;
  • 2. matters relating to the ACP-EU Partnership Agreement and relations with therelevant bodies;
  • 3. Parliament's involvement in election observation missions, when appropriatein cooperation with other relevant committees and delegations. The committee coordinates the work of the interparliamentary delegations and ad hocdelegations falling within its remit. 24Adopted by decision of Parliament of 6 May 2009.

III. Committee on International Trade

Committee responsible for:matters relating to the establishment and implementation of the Union's commoncommercial policy and its external economic relations, in particular:

  • 1. financial, economic and trade relations with third countries and regionalorganisations;
  • 2. measures of technical harmonisation or standardisation in fields covered byinstruments of international law;
  • 3. relations with the relevant international organisations and with organisationspromoting regional economic and commercial integration outside the Union;
  • 4. relations with the WTO, including its parliamentary dimension.The committee liaises with the relevant interparliamentary and ad hoc delegations forthe economic and trade aspects of relations with third countries.

IV. Committee on Budgets

Committee responsible for:

  • 1. the multiannual financial framework of the Union's revenue and expenditureand the Union's system of own resources;
  • 2. Parliament's budgetary prerogatives, namely the budget of the Union as wellas the negotiation and implementation of interinstitutional agreements in thisfield;
  • 3. Parliament's estimates according to the procedure defined in the Rules;
  • 4. the budget of the decentralised bodies;
  • 5. the financial activities of the European Investment Bank;
  • 6. the budgetisation of the European Development Fund, without prejudice to thepowers of the committee responsible for the ACP-EU Partnership Agreement;
  • 7. financial implications and compatibility with the multiannual FinancialFramework of all Union acts, without prejudice to the powers of the relevantcommittees;
  • 8. keeping track of and assessing the implementation of the current budgetnotwithstanding Rule 78(1), transfers of appropriations, procedures relating tothe establishment plans, administrative appropriations and opinionsconcerning buildings-related projects with significant financial implications;
  • 9. the Financial Regulation, excluding matters relating to the implementation,management and control of the budget.

V. Committee on Budgetary Control

Committee responsible for:

  • 1. the control of the implementation of the budget of the Union and of theEuropean Development Fund, and the decisions on discharge to be taken byParliament, including the internal discharge procedure and all other measuresaccompanying or implementing such decisions;
  • 2. the closure, presenting and auditing of the accounts and balance sheets of theUnion, its institutions and any bodies financed by it, including theestablishment of appropriations to be carried over and the settling of balances;
  • 3. the control of the financial activities of the European Investment Bank;
  • 4. monitoring the cost-effectiveness of the various forms of Union financing inthe implementation of the Union's policies;
  • 5. consideration of fraud and irregularities in the implementation of the budget ofthe Union, measures aiming at preventing and prosecuting such cases, and theprotection of the Union's financial interests in general;
  • 6. relations with the Court of Auditors, the appointment of its members andconsideration of its reports;
  • 7. the Financial Regulation as far as the implementation, management andcontrol of the budget are concerned.

VI. Committee on Economic and Monetary Affairs

Committee responsible for:

  • 1. the economic and monetary policies of the Union, the functioning ofEconomic and Monetary Union and the European monetary and financialsystem (including relations with the relevant institutions or organisations);
  • 2. the free movement of capital and payments (cross-border payments, singlepayment area, balance of payments, capital movements and borrowing andlending policy, control of movements of capital originating in third countries,measures to encourage the export of the Union's capital);
  • 3. the international monetary and financial system (including relations withfinancial and monetary institutions and organisations);
  • 4. rules on competition and State or public aid;
  • 5. tax provisions;
  • 6. the regulation and supervision of financial services, institutions and marketsincluding financial reporting, auditing, accounting rules, corporate governanceand other company law matters specifically concerning financial services.

VII. Committee on Employment and Social Affairs

Committee responsible for:

  • 1. employment policy and all aspects of social policy such as workingconditions, social security and social protection;
  • 2. health and safety measures at the workplace;
  • 3. the European Social Fund;
  • 4. vocational training policy, including professional qualifications;
  • 5. the free movement of workers and pensioners;
  • 6. social dialogue;
  • 7. all forms of discrimination at the workplace and in the labour market exceptthose based on sex;
  • 8. relations with:- the European Centre for the Development of Vocational Training(Cedefop),- the European Foundation for the Improvement of Living and WorkingConditions,- the European Training Foundation,- the European Agency for Safety and Health at Work;as well as relations with other relevant EU bodies and internationalorganisations.

VIII. Committee on the Environment, Public Health and Food Safety

Committee responsible for:

  • 1. environmental policy and environmental protection measures, in particularconcerning:a) air, soil and water pollution, waste management and recycling,dangerous substances and preparations, noise levels, climate change,protection of biodiversity,b) sustainable development,c) international and regional measures and agreements aimed atprotecting the environment,d) restoration of environmental damage,e) civil protection,f) the European Environment Agency,g) the European Chemicals Agency;
  • 2. public health, in particular:a) programmes and specific actions in the field of public health,b) pharmaceutical and cosmetic products,c) health aspects of bioterrorism,d) the European Medicines Agency and the European Centre for DiseasePrevention and Control;
  • 3. food safety issues, in particular:a) the labelling and safety of foodstuffs,b) veterinary legislation concerning protection against risks to humanhealth; public health checks on foodstuffs and food productionsystems,c) the European Food Safety Authority and the European Food andVeterinary Office.

IX. Committee on Industry, Research and Energy

X. Committee on the Internal Market and Consumer Protection

Committee responsible for:

  • 1. coordination at Union level of national legislation in the sphere of the internalmarket and for the customs union, in particular:a) the free movement of goods including the harmonisation of technicalstandards,b) the right of establishment,c) the freedom to provide services except in the financial and postalsectors;
  • 2. measures aiming at the identification and removal of potential obstacles to thefunctioning of the internal market;
  • 3. the promotion and protection of the economic interests of consumers, exceptfor public health and food safety issues, in the context of the establishment ofthe internal market.

XI. Committee on Transport and Tourism

Committee responsible for:

  • 1. matters relating to the development of a common policy for rail, road, inlandwaterway, maritime and air transport, in particular:a) common rules applicable to transport within the European Union,b) the establishment and development of trans-European networks in thearea of transport infrastructure,c) the provision of transport services and relations in the field of transportwith third countries,d) transport safety,e) relations with international transport bodies and organisations;
  • 2. postal services;
  • 3. tourism.

XII. Committee on Regional Development

Committee responsible for:regional and cohesion policy, in particular:a) the European Regional Development Fund, the Cohesion Fund and the otherinstruments of the Union's regional policy,b) assessing the impact of other Union policies on economic and social cohesion,c) coordination of the Union's structural instruments,d) outermost regions and islands as well as trans-frontier and interregionalcooperation,e) relations with the Committee of the Regions, interregional cooperationorganisations and local and regional authorities.

XIII. Committee on Agriculture and Rural Development

Committee responsible for:

  • 1. the operation and development of the common agricultural policy;
  • 2. rural development, including the activities of the relevant financialinstruments;
  • 3. legislation on:a) veterinary and plant-health matters, animal feedingstuffs provided suchmeasures are not intended to protect against risks to human health,b) animal husbandry and welfare;
  • 4. the improvement of the quality of agricultural products;
  • 5. supplies of agricultural raw materials;
  • 6. the Community Plant Variety Office;
  • 7. forestry.

XIV. Committee on Fisheries

Committee responsible for:

  • 1. the operation and development of the common fisheries policy and itsmanagement;
  • 2. the conservation of fishery resources;
  • 3. the common organisation of the market in fishery products;
  • 4. structural policy in the fisheries and aquaculture sectors, including thefinancial instruments for fisheries guidance;
  • 5. international fisheries agreements.

XV. Committee on Culture and Education

Committee responsible for:

  • 1. the cultural aspects of the European Union, and in particular:a) improving the knowledge and dissemination of culture,b) the protection and promotion of cultural and linguistic diversity,c) the conservation and safeguarding of cultural heritage, culturalexchanges and artistic creation;
  • 2. the Union's education policy, including the European higher education area,the promotion of the system of European schools and lifelong learning;
  • 3. audiovisual policy and the cultural and educational aspects of the informationsociety;
  • 4. youth policy and the development of a sports and leisure policy;
  • 5. information and media policy;
  • 6. cooperation with third countries in the areas of culture and education andrelations with the relevant international organisations and institutions.

XVI. Committee on Legal Affairs

Committee responsible for:

  • 1. the interpretation and application of Union law and compliance of Union actswith primary law, notably the choice of legal bases and respect for theprinciples of subsidiarity and proportionality;
  • 2. the interpretation and application of international law, in so far as theEuropean Union is affected;
  • 3. the simplification of Union law, in particular legislative proposals for itsofficial codification;
  • 4. the legal protection of Parliament's rights and prerogatives, including itsinvolvement in actions before the Court of Justice of the European Union;
  • 5. Union acts which affect the Member States' legal order, namely in the fieldsof:a) civil and commercial law,b) company law,c) intellectual property law,d) procedural law;
  • 6. measures concerning judicial and administrative cooperation in civil matters;
  • 7. environmental liability and sanctions against environmental crime;
  • 8. ethical questions related to new technologies, applying the procedure withassociated committees with the relevant committees;
  • 9. the Statute for Members and the Staff Regulations of the European Union;
  • 10. privileges and immunities as well as verification of Members' credentials;
  • 11. the organisation and statute of the Court of Justice of the European Union;
  • 12. the Office for Harmonisation in the Internal Market.

XVII. Committee on Civil Liberties, Justice and Home Affairs

Committee responsible for:

  • 1. the protection within the territory of the Union of citizens' rights, human rightsand fundamental rights, including the protection of minorities, as laid down inthe Treaties and in the Charter of Fundamental Rights of the European Union;
  • 2. the measures needed to combat all forms of discrimination other than thosebased on sex or those occurring at the workplace and in the labour market;
  • 3. legislation in the areas of transparency and of the protection of natural personswith regard to the processing of personal data;
  • 4. the establishment and development of an area of freedom, security and justice,in particular:a) measures concerning the entry and movement of persons, asylum andmigration,b) measures concerning an integrated management of the commonborders,c) measures relating to police and judicial cooperation in criminalmatters;
  • 5. the European Monitoring Centre for Drugs and Drug Addiction and theEuropean Union Agency for Fundamental Rights, Europol, Eurojust, Cepoland other bodies and agencies in the same area;
  • 6. the determination of a clear risk of a serious breach by a Member State of theprinciples common to the Member States.

XVIII. Committee on Constitutional Affairs

Committee responsible for:

  • 1. the institutional aspects of the European integration process, in particular inthe framework of the preparation and proceedings of conventions andintergovernmental conferences;
  • 2. the implementation of the EU Treaty and the assessment of its operation;
  • 3. the institutional consequences of enlargement negotiations of the Union;
  • 4. interinstitutional relations, including, in view of their approval by Parliament,examination of interinstitutional agreements pursuant to Rule 127(2) of theRules of Procedure;
  • 5. uniform electoral procedure;
  • 6. political parties at European level, without prejudice to the competences of theBureau;
  • 7. the determination of the existence of a serious and persistent breach by aMember State of the principles common to the Member States;
  • 8. the interpretation and application of the Rules of Procedure and proposals foramendments thereto.

XIX. Committee on Women's Rights and Gender Equality

Committee responsible for:

  • 1. the definition, promotion and protection of women's rights in the Union andrelated Union measures;
  • 2. the promotion of women's rights in third countries;
  • 3. equal opportunities policy, including equality between men and women withregard to labour market opportunities and treatment at work;
  • 4. the removal of all forms of discrimination based on sex;
  • 5. the implementation and further development of gender mainstreaming in allpolicy sectors;
  • 6. the follow-up and implementation of international agreements and conventionsinvolving the rights of women;
  • 7. information policy on women.

XX. Committee on Petitions

Committee responsible for:

  • 1. petitions;
  • 2. relations with the European Ombudsman.

ANNEX VIII Confidential and sensitive documents and information

A. Consideration of confidential documents communicated to ParliamentProcedure for the consideration of confidential documents communicated to theEuropean Parliament25 1. Confidential documents shall mean documents and information to whichpublic access may be refused in accordance with Article 4 of European Parliamentand Council Regulation (EC) No 1049/2001 and shall include sensitive documents asdefined in Article 9 of that Regulation.

Where the confidential nature of documents received by Parliament is questioned byone of the institutions, the matter shall be referred to the interinstitutional committeeestablished pursuant to Article 15(2) of Regulation (EC) No 1049/2001.

When confidential documents are communicated to Parliament under cover ofconfidentiality, the chair of Parliament's committee responsible shall automaticallyapply the confidential procedure laid down in paragraph 3 below.


2. Any committee of the European Parliament shall be entitled to apply theconfidential procedure to an item of information or a document indicated by one of itsmembers in a written or oral request. A majority of two thirds of the members presentshall be required for a decision to apply the confidential procedure.


3. Once the chair of the committee has declared that proceedings areconfidential, they may be attended only by members of the committee and by officialsand experts who have been designated in advance by the chair and whose presence isstrictly necessary.

The documents, which shall be numbered, shall be distributed at the beginning of themeeting and collected again at the end. No notes of these, and certainly nophotocopies, may be taken.

The minutes of the meeting shall make no mention of the discussion of the item takenunder the confidential procedure. Only the relevant decision, if any, may be recorded.


4. Three members of a committee which has applied the confidentialprocedure may request consideration of a breach of confidentiality, and this may beplaced on the agenda. By a majority of its members, the committee may decide thatconsideration of the breach of confidentiality shall be placed on the agenda for thefirst meeting following the submission of the request to its chair.


5. Penalties: in cases of infringement, the chair of the committee shallproceed in accordance with Rules 9(2), 152, 153 and 154.

25Adopted by decision of Parliament of 15 February 1989 and amended by its decisionof 13 November 2001.

B. Access by Parliament to sensitive information in the field of security anddefence policyInterinstitutional Agreement of 20 November 2002 between the European Parliamentand the Council concerning access by the European Parliament to sensitiveinformation of the Council in the field of security and defence policy26THE EUROPEAN PARLIAMENT AND THE COUNCIL,Whereas:(1) Article 21 of the Treaty on European Union states that the CouncilPresidency shall consult the European Parliament on the main aspects and the basicchoices of the common foreign and security policy and shall ensure that the views ofthe European Parliament are duly taken into consideration. That Article alsostipulates that the European Parliament shall be kept regularly informed by theCouncil Presidency and the Commission of the development of the common foreignand security policy. A mechanism should be introduced to ensure that theseprinciples are implemented in this field.

(2) In view of the specific nature and the especially sensitive content of certainhighly classified information in the field of security and defence policy, specialarrangements should be introduced for the handling of documents containing suchinformation.

(3) In conformity with Article 9(7) of Regulation (EC) No 1049/2001 of theEuropean Parliament and of the Council of 30 May 2001 regarding public access toEuropean Parliament, Council and Commission documents27, the Council is to informthe European Parliament regarding sensitive documents as defined in Article 9(1) ofthat Regulation in accordance with arrangements agreed between the institutions.

(4) In most Member States there are specific mechanisms for the transmissionand handling of classified information between national governments and parliaments.

This Interinstitutional Agreement should provide the European Parliament withtreatment inspired by best practices in Member States,HAVE CONCLUDED THIS INTERINSTITUTIONAL AGREEMENT: 1. Scope1.1. This Interinstitutional Agreement deals with access by the EuropeanParliament to sensitive information, i.e. information classified as "TRÈSSECRET/TOP SECRET", "SECRET" or "CONFIDENTIAL", whatever its origin,medium or state of completion, held by the Council in the field of security anddefence policy and the handling of documents so classified.

1.2. Information originating from a third State or international organisationshall be transmitted with the agreement of that State or organisation.

26OJ C 298, 30.11.2002, p. 1.

27OJ L 145, 31.5.2001, p. 43.

Where information originating from a Member State is transmitted to the Councilwithout explicit restriction on its dissemination to other institutions other than itsclassification, the rules in sections 2 and 3 of this Interinstitutional Agreement shallapply. Otherwise, such information shall be transmitted with the agreement of theMember State in question.

In the case of a refusal of the transmission of information originating from a thirdState, an international organisation or a Member State, the Council shall give thereasons.

1.3. The provisions of this Interinstitutional Agreement shall apply inaccordance with applicable law and without prejudice to Decision 95/167/EC,Euratom, ECSC of the European Parliament, the Council and the Commission of 19April 1995 on the detailed provisions governing the exercise of the EuropeanParliament's right of inquiry28and without prejudice to existing arrangements,especially the Interinstitutional Agreement of 6 May 1999 between the EuropeanParliament, the Council and the Commission on budgetary discipline andimprovement of the budgetary procedure29.


2. General rules2.1. The two institutions shall act in accordance with their mutual duties ofsincere cooperation and in a spirit of mutual trust as well as in conformity with therelevant Treaty provisions. Transmission and handling of the information covered bythis Interinstitutional Agreement must have due regard for the interests whichclassification is designed to protect, and in particular the public interest as regards thesecurity and defence of the European Union or of one or more of its Member States ormilitary and non-military crisis management.

2.2. At the request of one of the persons referred to in point 3.1, the Presidencyof the Council or the Secretary-General/High Representative shall inform them withall due despatch of the content of any sensitive information required for the exerciseof the powers conferred on the European Parliament by the Treaty on European Unionin the field covered by this Interinstitutional Agreement, taking into account thepublic interest in matters relating to the security and defence of the European Unionor of one or more of its Member States or military and non-military crisismanagement, in accordance with the arrangements laid down in section 3.


3. Arrangements for access to and handling of sensitive information3.1. In the context of this Interinstitutional Agreement, the President of theEuropean Parliament or the Chairman of the European Parliament's Committee onForeign Affairs, Human Rights, Common Security and Defence Policy may requestthat the Presidency of the Council or the Secretary-General/High Representativeconvey information to this committee on developments in European security anddefence policy, including sensitive information to which point 3.3 applies.

3.2. In the event of a crisis or at the request of the President of the EuropeanParliament or of the Chairman of the Committee on Foreign Affairs, Human Rights,28OJ L 113, 19.5.1995, p. 1.

29OJ C 172, 18.6.1999, p. 1.

Common Security and Defence Policy, such information shall be provided at theearliest opportunity.

3.3. In this framework, the President of the European Parliament and a specialcommittee chaired by the Chairman of the Committee on Foreign Affairs, HumanRights, Common Security and Defence Policy and composed of four membersdesignated by the Conference of Presidents shall be informed by the Presidency of theCouncil or the Secretary-General/High Representative of the content of the sensitiveinformation where it is required for the exercise of the powers conferred on theEuropean Parliament by the Treaty on European Union in the field covered by thisInterinstitutional Agreement. The President of the European Parliament and thespecial committee may ask to consult the documents in question on the premises ofthe Council.

Where this is appropriate and possible in the light of the nature and content of theinformation or documents concerned, these shall be made available to the President ofthe European Parliament, who shall select one of the following options:a) information intended for the chairman of the Committee on Foreign Affairs,Human Rights, Common Security and Defence Policy;b) access to information restricted to the members of the Committee on ForeignAffairs, Human Rights, Common Security and Defence Policy only;c) discussion in the Committee on Foreign Affairs, Human Rights, CommonSecurity and Defence Policy, meeting in camera, in accordance witharrangements which may vary by virtue of the degree of confidentialityinvolved;d) communication of documents from which information has been expunged inthe light of the degree of secrecy required.

These options are not applicable if sensitive information is classified as "TRÈSSECRET/TOP SECRET".

As to information or documents classified as "SECRET" or "CONFIDENTIAL", theselection by the President of the European Parliament of one of these options shall bepreviously agreed with the Council.

The information or documents in question shall not be published or forwarded to anyother addressee.


4. Final provisions4.1. The European Parliament and the Council, each for its own part, shall takeall necessary measures to ensure the implementation of this InterinstitutionalAgreement, including the steps required for the security clearance of the personsinvolved.

4.2. The two institutions are willing to discuss comparable InterinstitutionalAgreements covering classified information in other areas of the Council's activities,on the understanding that the provisions of this Interinstitutional Agreement do notconstitute a precedent for the Union's or the Community's other areas of activity andshall not affect the substance of any other Interinstitutional Agreements.

4.3. This Interinstitutional Agreement shall be reviewed after two years at therequest of either of the two institutions in the light of experience gained inimplementing it.

AnnexThis Interinstitutional Agreement shall be implemented in conformity with therelevant applicable regulations and in particular with the principle according to whichthe consent of the originator is a necessary condition for the transmission of classifiedinformation as laid down in point 1.2.

Consultation of sensitive documents by the members of the Special Committee of theEuropean Parliament shall take place in a secured room at the Council premises.

This Interinstitutional Agreement shall enter into force after the European Parliamenthas adopted internal security measures which are in accordance with the principleslaid down in point 2.1 and comparable to those of the other institutions in order toguarantee an equivalent level of protection of the sensitive information concerned.

C. Implementation of the Interinstitutional Agreement governing Parliamentaccess to sensitive information in the sphere of security and defence policyEuropean Parliament decision of 23 October 2002 on the implementation of theInterinstitutional Agreement governing European Parliament access to sensitiveCouncil information in the sphere of security and defence policy30THE EUROPEAN PARLIAMENT,having regard to Article 9, and in particular paragraphs 6 and 7 thereof, of Regulation(EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001regarding public access to European Parliament, Council and Commissiondocuments31,having regard to point 1 of Annex VII32, part A of its Rules of Procedure,having regard to Article 20 of the Bureau Decision of 28 November 2001 on publicaccess to Parliament documents33,having regard to the Interinstitutional Agreement between the European Parliamentand the Council on European Parliament access to sensitive Council information inthe sphere of security and defence policy,having regard to the Bureau proposal,having regard to the specific nature and the particularly sensitive substance of somehighly confidential items of information in the sphere of security and defence policy,30OJ C 298, 30.11.2002, p. 4.

31OJ L 145, 31.5.2001, p. 43.

32Now Annex VIII.

33OJ C 374, 29.12.2001, p. 1.

whereas, in accordance with the provisions agreed between the institutions, theCouncil is required to make information about sensitive documents available toParliament,whereas the Members of the European Parliament who sit on the special committeeset up by the Interinstitutional Agreement must be cleared for access to sensitiveinformation in accordance with the "need-to-know" principle,having regard to the need to lay down specific arrangements for receiving, dealingwith and safeguarding sensitive information forwarded by the Council, MemberStates, third States or international organisations,HAS DECIDED:Article 1This Decision adopts the additional measures required to implement theInterinstitutional Agreement governing European Parliament access to sensitiveCouncil information in the sphere of security and defence policy.

Article 2Parliament’s requests for access to sensitive Council information shall be dealt withby the latter in a manner consistent with its relevant rules. If the documents requestedhave been drawn up by other institutions, Member States, third countries orinternational organisations, they shall be forwarded only with the agreement of theinstitutions, States or organisations concerned.

Article 3The President of Parliament shall be responsible for the implementation of theInterinstitutional Agreement within the Institution.

In that connection, he/she shall take all the measures required to guarantee thatinformation received directly from the President of the Council or the Secretary-General/High Representative, or information obtained in the course of theconsultation of sensitive documents on the Council's premises, is dealt with in aconfidential manner.

Article 4When the President of Parliament or the chairman of the Committee on ForeignAffairs, Human Rights, Common Security and Defence Policy asks the CouncilPresidency or the Secretary-General/High Representative to supply sensitiveinformation to the special committee set up by the Interinstitutional Agreement, thatinformation shall be provided as soon as possible. In that connection, Parliament shallfit out a room specially designed for the holding of meetings to deal with sensitiveinformation. The room shall be chosen with a view to guaranteeing a level ofprotection equivalent to that laid down for this type of meeting by Council Decision2001/264/EC of 19 March 200134adopting the Council's security regulations.

34OJ L 101, 11.4.2001, p. 1.

Article 5The information meeting chaired by the President of Parliament or by the chairman ofthe above-mentioned committee shall be held in camera.

With the exception of the four Members appointed by the Conference of Presidents,only those officials who, by virtue of their duties or in accordance with operationalrequirements, have been cleared and authorised to enter it subject to the "need-to-know" principle shall have access to the meeting room.

Article 6Pursuant to paragraph 3.3 of the above-mentioned Interinstitutional Agreement, whenthe President of Parliament or the chairman of the above-mentioned committeedecides to request authorisation to consult documents containing sensitiveinformation, that consultation shall be carried out on the Council's premises.

Documents shall be consulted on the spot in whatever version they are available.

Article 7The Members of Parliament who are to attend information meetings or have access tosensitive documents shall be the subject of a clearance procedure similar to thatundergone by Members of the Council and Members of the Commission. In thatconnection, the President of Parliament shall take the requisite steps vis-à-vis thecompetent national authorities.

Article 8Officials who are to have access to sensitive information shall be cleared inaccordance with the provisions laid down for the other institutions. Officials clearedin this way subject to the "need-to-know" principle shall be invited to attend theabove-mentioned information meetings or to peruse the documents in question. In thatconnection, the Secretary-General, after consulting the competent Member Stateauthorities, shall grant clearance on the basis of the security inquiry carried out bythose same authorities.

Article 9The information obtained at such meetings or during the consultation of suchdocuments on the Council's premises shall not be disclosed, disseminated orreproduced, either in full or in part, in any form. By the same token, no recording ofparticulars relating to the sensitive information provided by the Council shall beauthorised.

Article 10The Members of Parliament designated by the Conference of Presidents to haveaccess to the sensitive information shall be bound by the requirement to maintainconfidentiality. Any Member who breaches that requirement shall be replaced on thespecial committee by another Member designated by the Conference of Presidents. Inthat connection, the Member guilty of a breach of the requirement may, prior tohis/her exclusion from the special committee, be heard by the Conference ofPresidents, which shall hold a special meeting in camera. In addition to his/herexclusion from the special committee, the Member responsible for leakinginformation may, if appropriate, be the subject of judicial proceedings pursuant to therelevant legislation in force.

Article 11Officials duly cleared to have access to sensitive information in accordance with the"need-to-know" principle shall be bound by the requirement to maintainconfidentiality. Any official who breaches that rule shall be the subject of an inquiryconducted under the authority of the President and, if appropriate, disciplinaryproceedings in accordance with the Staff Regulations (statut des fonctionnaires).

Should judicial proceedings be initiated, the President shall take all the measuresrequired to enable the competent national authorities to implement the appropriateprocedures.

Article 12The Bureau shall be competent to undertake any revision, amendment orinterpretation necessitated by the implementation of this Decision.

Article 13This Decision shall be annexed to Parliament's Rules of Procedure and shall enter intoforce on the day of its publication in the Official Journal of the EuropeanCommunities.

D. Personal conflicts of interestWith the approval of the Bureau, a Member may, on the basis of a reasoned decision,be denied the right to inspect a Parliament document if, after having heard theMember concerned, the Bureau comes to the conclusion that such inspection wouldcause unacceptable damage to Parliament’s institutional interests or to the publicinterest, and that the Member concerned is seeking to inspect the document for privateand personal reasons. The Member may lodge a written appeal, which must includereasons, against such a decision within one month of notification thereof. Parliamentshall reach a decision on the appeal without debate during the part-session thatfollows its being lodged.


ANNEX IX Detailed provisions governing the exercise of the

European Parliament's right of inquiryDecision of the European Parliament, the Council and the Commission of 19April 1995 on the detailed provisions governing the exercise of the EuropeanParliament's right of inquiry35The European Parliament, the Council and the Commission,Having regard to the Treaty establishing the European Coal and Steel Community,and in particular Article 20b thereof,Having regard to the Treaty establishing the European Community, and in particularArticle 193 thereof,Having regard to the Treaty establishing the European Atomic Energy Community,and in particular Article 107b thereof,Whereas the detailed provisions governing the exercise of the European Parliament'sright of inquiry should be determined with due regard for the provisions laid down bythe Treaties establishing the European Communities;Whereas temporary committees of inquiry must have the means necessary to performtheir duties; whereas, to that end, it is essential that the Member States and theinstitutions and bodies of the European Communities take all steps to facilitate theperformance of those duties;Whereas the secrecy and confidentiality of the proceedings of temporary committeesof inquiry must be protected;Whereas, at the request of one of the three institutions concerned, the detailedprovisions governing the exercise of the right of inquiry may be revised as from theend of the current term of the European Parliament in the light of experience,HAVE BY COMMON ACCORD ADOPTED THIS DECISION:Article 1The detailed provisions governing the exercise of the European Parliament's right ofinquiry shall be as laid down by this Decision, in accordance with Article 20b of theECSC Treaty, Article 193 of the EC Treaty and Article 107b of the EAEC Treaty.

Article 2 1. Subject to the conditions and limits laid down by the Treaties referred to inArticle 1 and in the course of its duties, the European Parliament may, at the requestof one quarter of its Members, set up a temporary committee of inquiry to investigatealleged contraventions or maladministration in the implementation of Community lawwhich would appear to be the act of an institution or a body of the EuropeanCommunities, of a public administrative body of a Member State or of personsempowered by Community law to implement that law.

35OJ L 113, 19.5.1995, p. 1.

The European Parliament shall determine the composition and rules of procedure oftemporary committees of inquiry.

The decision to set up a temporary committee of inquiry, specifying in particular itspurpose and the time limit for submission of its report, shall be published in theOfficial Journal of the European Communities.


2. The temporary committee of inquiry shall carry out its duties incompliance with the powers conferred by the Treaties on the institutions and bodies ofthe European Communities.

The members of the temporary committee of inquiry and any other persons who, byreason of their duties, have become acquainted with facts, information, knowledge,documents or objects in respect of which secrecy must be observed pursuant toprovisions adopted by a Member State or by a Community institution shall berequired, even after their duties have ceased, to keep them secret from anyunauthorised person and from the public.

Hearings and testimony shall take place in public. Proceedings shall take place incamera if requested by one quarter of the members of the committee of inquiry, or bythe Community or national authorities, or where the temporary committee of inquiryis considering secret information. Witnesses and experts shall have the right to make astatement or provide testimony in camera.


3. A temporary committee of inquiry may not investigate matters at issuebefore a national or Community court of law until such time as the legal proceedingshave been completed.

Within a period of two months either of publication in accordance with paragraph 1 orof the Commission being informed of an allegation made before a temporarycommittee of inquiry of a contravention of Community law by a Member State, theCommission may notify the European Parliament that a matter to be examined by atemporary committee of inquiry is the subject of a Community prelitigationprocedure; in such cases the temporary committee of inquiry shall take all necessarysteps to enable the Commission fully to exercise the powers conferred on it by theTreaties.


4. The temporary committee of inquiry shall cease to exist on the submissionof its report within the time limit laid down when it was set up, or at the latest uponexpiry of a period not exceeding twelve months from the date when it was set up, andin any event at the close of the parliamentary term.

By means of a reasoned decision the European Parliament may twice extend thetwelve-month period by three months. Such a decision shall be published in theOfficial Journal of the European Communities.


5. A temporary committee of inquiry may not be set up or re-established withregard to matters into which an inquiry has already been held by a temporarycommittee of inquiry until at least twelve months have elapsed since the submissionof the report on that inquiry or the end of its assignment and unless any new factshave emerged.

Article 3 1. The temporary committee of inquiry shall carry out the inquiries necessaryto verify alleged contraventions or maladministration in the implementation ofCommunity law under the conditions laid down below.


2. The temporary committee of inquiry may invite an institution or a body ofthe European Communities or the Government of a Member State to designate one ofits members to take part in its proceedings.


3. On a reasoned request from the temporary committee of inquiry, theMember States concerned and the institutions or bodies of the European Communitiesshall designate the official or servant whom they authorise to appear before thetemporary committee of inquiry, unless grounds of secrecy or public or nationalsecurity dictate otherwise by virtue of national or Community legislation.

The officials or servants in question shall speak on behalf of and as instructed by theirGovernments or institutions. They shall continue to be bound by the obligationsarising from the rules to which they are subject.


4. The authorities of the Member States and the institutions or bodies of theEuropean Communities shall provide a temporary committee of inquiry, where it sorequests or on their own initiative, with the documents necessary for the performanceof its duties, save where prevented from doing so by reasons of secrecy or public ornational security arising out of national or Community legislation or rules.


5. Paragraphs 3 and 4 shall be without prejudice to any other provisions ofthe Member States which prohibit officials from appearing or documents from beingforwarded.

An obstacle arising from reasons of secrecy, public or national security or theprovisions referred to in the first subparagraph shall be notified to the EuropeanParliament by a representative authorised to commit the Government of the MemberState concerned or the institution.


6. Institutions or bodies of the European Communities shall not supply thetemporary committee of inquiry with documents originating in a Member Statewithout first informing the State concerned.

They shall not communicate to the temporary committee of inquiry any documents towhich paragraph 5 applies without first obtaining the consent of the Member Stateconcerned.


7. Paragraphs 3, 4 and 5 shall apply to natural or legal persons empowered byCommunity law to implement that law.


8. In so far as is necessary for the performance of its duties, the temporarycommittee of inquiry may request any other person to give evidence before it. Thetemporary committee of inquiry shall inform any person named in the course of aninquiry to whom this might prove prejudicial; it shall hear such a person if that personso requests.

Article 4 1. The information obtained by the temporary committee of inquiry shall beused solely for the performance of its duties. It may not be made public if it containsmaterial of a secret or confidential nature or names persons.

The European Parliament shall adopt the administrative measures and proceduralrules required to protect the secrecy and confidentiality of the proceedings oftemporary committees of inquiry.


2. The temporary committee of inquiry's report shall be submitted to theEuropean Parliament, which may decide to make it public subject to the provisions ofparagraph 1.


3. The European Parliament may forward to the institutions or bodies of theEuropean Communities or to the Member States any recommendations which itadopts on the basis of the temporary committee of inquiry's report. They shall drawtherefrom the conclusions which they deem appropriate.

Article 5Any communication addressed to the national authorities of the Member States for thepurposes of applying this Decision shall be made through their PermanentRepresentations to the European Union.

Article 6At the request of the European Parliament, the Council or the Commission, the aboverules may be revised as from the end of the current term of the European Parliamentin the light of experience.

Article 7This Decision shall enter into force on the day of its publication in the Official Journalof the European Communities.


ANNEX X Provisions governing the application of Rule 9(4) -

Lobbying in ParliamentArticle 1 Passes 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, organisationor 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.

Passes shall be distinguished by their shape and colour from the passes issued tooccasional visitors.


2. Passes shall only be renewed if the holders have fulfilled the obligationsreferred to in Rule 9(4).

Any dispute by a Member as to the activity of a representative or lobby shall bereferred to the Quaestors, who shall look into the matter and may decide whether tomaintain or withdraw the pass concerned.


3. Passes shall not, under any circumstances, entitle holders to attendmeetings of Parliament or its bodies other than those declared open to the public andshall not, in this case, entitle the holder to derogations from access rules applicable toall other Union citizens.

Article 2 Assistants 1. At the beginning of each parliamentary term the Quaestors shall determinethe maximum number of assistants who may be registered by each Member.

Upon taking up their duties, registered assistants shall make a written declaration oftheir professional activities and any other remunerated functions or activities.


2. They shall have access to Parliament under the same conditions as staff ofthe Secretariat or the political groups.


3. All other persons, including those working directly with Members, shallonly have access to Parliament under the conditions laid down in Rule 9(4).

Article 3 Code of conduct 1. In the context of their relations with Parliament, the persons whose namesappear 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 ofParliament, 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 thirdparties;e) not circulate for a profit to third parties copies of documents obtained fromParliament;f) comply strictly with the provisions of Annex I, Article 2, second paragraph;g) satisfy themselves that any assistance provided in accordance with theprovisions of Annex I, Article 2 is declared in the appropriate register;h) comply with the provisions of the Staff Regulations when recruiting formerofficials of the institutions;i) comply with any rules laid down by Parliament on the rights andresponsibilities of former Members;j) in order to avoid possible conflicts of interest, obtain the prior consent of theMember or Members concerned as regards any contractual relationship with oremployment of a Member's assistant, and subsequently satisfy themselves thatthis 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 thepass issued to the persons concerned and, if appropriate, their firms.


ANNEX XI Performance of the Ombudsman's duties

A.Decision of the European Parliament on the regulations and general conditionsgoverning the performance of the Ombudsman's duties36The European Parliament,Having regard to the Treaties establishing the European Communities, and inparticular Article 195(4) of the Treaty establishing the European Community andArticle 107d(4) of the Treaty establishing the European Atomic Energy Community,Having regard to the opinion of the Commission,Having regard to the Council's approval,Whereas the regulations and general conditions governing the performance ofthe Ombudsman's duties should be laid down, in compliance with the provisions ofthe Treaties establishing the European Communities;Whereas the conditions under which a complaint may be referred to the Ombudsmanshould be established as well as the relationship between the performance of theduties of Ombudsman and legal or administrative proceedings;Whereas the Ombudsman, who may also act on his own initiative, must have accessto all the elements required for the performance of his duties; whereas to that endCommunity institutions and bodies are obliged to supply the Ombudsman, at hisrequest, with any information which he requests of them and without prejudice to theOmbudsman's obligation not to divulge such information; whereas access to classifiedinformation or documents, in particular to sensitive documents within the meaning ofArticle 9 of Regulation (EC) No 1049/200137, should be subject to compliance withthe rules on security of the Community institution or body concerned; whereas theinstitutions or bodies supplying classified information or documents as mentioned inthe first subparagraph of Article 3(2) should inform the Ombudsman of suchclassification; whereas for the implementation of the rules provided for in the firstsubparagraph of Article 3(2), the Ombudsman should have agreed in advance with theinstitution or body concerned the conditions for treatment of classified information ordocuments and other information covered by the obligation of professional secrecy;whereas if the Ombudsman finds that the assistance requested is not forthcoming, heshall inform the European Parliament, which shall make appropriate representations;Whereas it is necessary to lay down the procedures to be followed where theOmbudsman's enquiries reveal cases of maladministration; whereas provision shouldalso be made for the submission of a comprehensive report by the Ombudsman to theEuropean Parliament at the end of each annual session;36Adopted by Parliament on 9 March 1994 (OJ L 113, 4.5.1994, p. 15) and amendedby its decisions of 14 March 2002 (OJ L 92, 9.4.2002, p. 13) and 18 June 2008 (OJ L189, 17.7.2008, p. 25).

37Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30May 2001 regarding public access to European Parliament, Council and Commissiondocuments (OJ L 145, 31.5.2001, p. 43).

Whereas the Ombudsman and his staff are obliged to treat in confidence anyinformation which they have acquired in the course of their duties; whereas theOmbudsman is, however, obliged to inform the competent authorities of facts whichhe considers might relate to criminal law and which have come to his attention in thecourse of his enquiries;Whereas provision should be made for the possibility of co-operation between theOmbudsman and authorities of the same type in certain Member States, in compliancewith the national laws applicable;Whereas it is for the European Parliament to appoint the Ombudsman at the beginningof its mandate and for the duration thereof, choosing him from among persons whoare Union citizens and offer every requisite guarantee of independence andcompetence;Whereas conditions should be laid down for the cessation of the Ombudsman's duties;Whereas the Ombudsman must perform his duties with complete independence andgive a solemn undertaking before the Court of Justice of the European Communitiesthat he will do so when taking up his duties; whereas activities incompatible with theduties of Ombudsman should be laid down as should the remuneration, privileges andimmunities of the Ombudsman;Whereas provisions should be laid down regarding the officials and servants ofthe Ombudsman's secretariat which will assist him and the budget thereof; whereasthe seat of the Ombudsman should be that of the European Parliament;Whereas it is for the Ombudsman to adopt the implementing provisions for thisDecision; whereas furthermore certain transitional provisions should be laid down forthe first Ombudsman to be appointed after the entry into force of the EU Treaty,HAS DECIDED AS FOLLOWS:Article 1 1. The regulations and general conditions governing the performance of theOmbudsman's duties shall be as laid down by this Decision in accordance withArticle 195(4) of the Treaty establishing the European Community and Article107d(4) of the Treaty establishing the European Atomic Energy Community.


2. The Ombudsman shall perform his duties in accordance with the powersconferred on the Community institutions and bodies by the Treaties.


3. The Ombudsman may not intervene in cases before courts or question thesoundness of a court's ruling.

Article 2 1. Within the framework of the aforementioned Treaties and the conditionslaid down therein, the Ombudsman shall help to uncover maladministration in theactivities of the Community institutions and bodies, with the exception of the Court ofJustice and the Court of First Instance acting in their judicial role, and makerecommendations with a view to putting an end to it. No action by any other authorityor person may be the subject of a complaint to the Ombudsman.


2. Any citizen of the Union or any natural or legal person residing or havinghis registered office in a Member State of the Union may, directly or through aMember of the European Parliament, refer a complaint to the Ombudsman in respectof an instance of maladministration in the activities of Community institutions orbodies, with the exception of the Court of Justice and the Court of First Instanceacting in their judicial role. The Ombudsman shall inform the institution or bodyconcerned as soon as a complaint is referred to him.


3. The complaint must allow the person lodging the complaint and the objectof the complaint to be identified; the person lodging the complaint may request thathis complaint remain confidential.


4. A complaint shall be made within two years of the date on which the factson which it is based came to the attention of the person lodging the complaint andmust be preceded by the appropriate administrative approaches to the institutions andbodies concerned.


5. The Ombudsman may advise the person lodging the complaint to addressit to another authority.


6. Complaints submitted to the Ombudsman shall not affect time-limits forappeals in administrative or judicial proceedings.


7. When the Ombudsman, because of legal proceedings in progress orconcluded concerning the facts which have been put forward, has to declare acomplaint inadmissible or terminate consideration of it, the outcome of any enquirieshe has carried out up to that point shall be filed definitively.


8. No complaint may be made to the Ombudsman that concerns workrelationships between the Community institutions and bodies and their officials andother servants unless all the possibilities for the submission of internal administrativerequests and complaints, in particular the procedures referred to in Article 90(1) and(2) of the Staff Regulations, have been exhausted by the person concerned and thetime limits for replies by the authority thus petitioned have expired.


9. The Ombudsman shall as soon as possible inform the person lodging thecomplaint of the action he has taken on it.

Article 3 1. The Ombudsman shall, on his own initiative or following a complaint,conduct all the enquiries which he considers justified to clarify any suspectedmaladministration in the activities of Community institutions and bodies. He shallinform the institution or body concerned of such action, which may submit any usefulcomment to him.


2. The Community institutions and bodies shall be obliged to supply theOmbudsman with any information he has requested from them and give him access tothe files concerned. Access to classified information or documents, in particular tosensitive documents within the meaning of Article 9 of Regulation (EC) No1049/2001, shall be subject to compliance with the rules on security of theCommunity institution or body concerned.

The institutions or bodies supplying classified information or documents as mentionedin the previous subparagraph shall inform the Ombudsman of such classification.

For the implementation of the rules provided for in the first subparagraph, theOmbudsman shall have agreed in advance with the institution or body concerned theconditions for treatment of classified information or documents and other informationcovered by the obligation of professional secrecy.

The institutions or bodies concerned shall give access to documents originating in aMember State and classed as secret by law or regulation only where that MemberState has given its prior agreement.

They shall give access to other documents originating in a Member State after havinginformed the Member State concerned.

In both cases, in accordance with Article 4, the Ombudsman may not divulge thecontent of such documents.

Officials and other servants of Community institutions and bodies must testify at therequest of the Ombudsman; they shall continue to be bound by the relevant rules ofthe Staff Regulations, notably their duty of professional secrecy.


3. The Member States' authorities shall be obliged to provide theOmbudsman, whenever he may so request, via the Permanent Representations of theMember States to the European Communities, with any information that may help toclarify instances of maladministration by Community institutions or bodies unlesssuch information is covered by laws or regulations on secrecy or by provisionspreventing its being communicated. Nonetheless, in the latter case, the Member Stateconcerned may allow the Ombudsman to have this information provided that heundertakes not to divulge it.


4. If the assistance which he requests is not forthcoming, the Ombudsmanshall inform the European Parliament, which shall make appropriate representations.


5. As far as possible, the Ombudsman shall seek a solution with theinstitution or body concerned to eliminate the instance of maladministration andsatisfy the complaint.


6. If the Ombudsman finds there has been maladministration, he shall informthe institution or body concerned, where appropriate making draft recommendations.

The institution or body so informed shall send the Ombudsman a detailed opinionwithin three months.


7. The Ombudsman shall then send a report to the European Parliament andto the institution or body concerned. He may make recommendations in his report.

The person lodging the complaint shall be informed by the Ombudsman of theoutcome of the inquiries, of the opinion expressed by the institution or bodyconcerned and of any recommendations made by the Ombudsman.


8. At the end of each annual session the Ombudsman shall submit to theEuropean Parliament a report on the outcome of his inquiries.

Article 4 1. The Ombudsman and his staff, to whom Article 287 of the Treatyestablishing the European Community and Article 194 of the Treaty establishing theEuropean Atomic Energy Community shall apply, shall be required not to divulgeinformation or documents which they obtain in the course of their inquiries. Theyshall, in particular, be required not to divulge any classified information or anydocument supplied to the Ombudsman, in particular sensitive documents within themeaning of Article 9 of Regulation (EC) No 1049/2001, or documents falling withinthe scope of Community legislation regarding the protection of personal data, as wellas any information which could harm the person lodging the complaint or any otherperson involved, without prejudice to paragraph 2.


2. If, in the course of inquiries, he learns of facts which he considers mightrelate to criminal law, the Ombudsman shall immediately notify the competentnational authorities via the Permanent Representations of the Member States to theEuropean Communities and, in so far as the case falls within its powers, thecompetent Community institution, body or service in charge of combating fraud; ifappropriate, the Ombudsman shall also notify the Community institution or body withauthority over the official or servant concerned, which may apply the secondparagraph of Article 18 of the Protocol on the Privileges and Immunities of theEuropean Communities. The Ombudsman may also inform the Community institutionor body concerned of the facts calling into question the conduct of a member of theirstaff from a disciplinary point of view.

Article 4aThe Ombudsman and his staff shall deal with requests for public access to documents,other than those referred to in Article 4(1), in accordance with the conditions andlimits provided for in Regulation (EC) No 1049/2001.

Article 5 1. In so far as it may help to make his enquiries more efficient and bettersafeguard the rights and interests of persons who make complaints to him, theOmbudsman may cooperate with authorities of the same type in certain MemberStates provided he complies with the national law applicable. The Ombudsman maynot by this means demand to see documents to which he would not have access underArticle 3.


2. Within the scope of his functions as laid down in Article 195 of the Treatyestablishing the European Community and Article 107d of the Treaty establishing theEuropean Atomic Energy Community and avoiding any duplication with the activitiesof the other institutions or bodies, the Ombudsman may, under the same conditions,cooperate with institutions and bodies of Member States in charge of the promotionand protection of fundamental rights.

Article 6 1. The Ombudsman shall be appointed by the European Parliament after eachelection to the European Parliament for the duration of its mandate. He shall beeligible for reappointment.


2. The Ombudsman shall be chosen from among persons who are Unioncitizens, have full civil and political rights, offer every guarantee of independence,and meet the conditions required for the exercise of the highest judicial office in theircountry or have the acknowledged competence and experience to undertake the dutiesof Ombudsman.

Article 7 1. The Ombudsman shall cease to exercise his duties either at the end of histerm of office or on his resignation or dismissal.


2. Save in the event of his dismissal, the Ombudsman shall remain in officeuntil his successor has been appointed.


3. In the event of early cessation of duties, a successor shall be appointedwithin three months of the office's falling vacant for the remainder of theparliamentary term.

Article 8An Ombudsman who no longer fulfils the conditions required for the performance ofhis duties or is guilty of serious misconduct may be dismissed by the Court of Justiceof the European Communities at the request of the European Parliament.

Article 9 1. The Ombudsman shall perform his duties with complete independence, inthe general interest of the Communities and of the citizens of the Union. In theperformance of his duties he shall neither seek nor accept instructions from anygovernment or other body. He shall refrain from any act incompatible with the natureof his duties.


2. When taking up his duties, the Ombudsman shall give a solemnundertaking before the Court of Justice of the European Communities that he willperform his duties with complete independence and impartiality and that during andafter his term of office he will respect the obligations arising therefrom, in particularhis duty to behave with integrity and discretion as regards the acceptance, after he hasceased to hold office, of certain appointments or benefits.

Article 10 1. During his term of office, the Ombudsman may not engage in any politicalor administrative duties, or any other occupation, whether gainful or not.


2. The Ombudsman shall have the same rank in terms of remuneration,allowances and pension as a judge at the Court of Justice of the EuropeanCommunities.


3. Articles 12 to 15 and Article 18 of the Protocol on the Privileges andImmunities of the European Communities shall apply to the Ombudsman and to theofficials and servants of his secretariat.

Article 11 1. The Ombudsman shall be assisted by a secretariat, the principal officer ofwhich he shall appoint.


2. The officials and servants of the Ombudsman's secretariat shall be subjectto the rules and regulations applicable to officials and other servants of the EuropeanCommunities. Their number shall be adopted each year as part of the budgetaryprocedure.


3. Officials of the European Communities and of the Member Statesappointed to the Ombudsman's secretariat shall be seconded in the interests of theservice and guaranteed automatic reinstatement in their institution of origin.


4. In matters concerning his staff, the Ombudsman shall have the same statusas the institutions within the meaning of Article 1 of the Staff Regulations of Officialsof the European Communities.

Article 12 DeletedArticle 13The seat of the Ombudsman shall be that of the European Parliament.

Article 14The Ombudsman shall adopt the implementing provisions for this Decision.

Article 15The first Ombudsman to be appointed after the entry into force of the EU Treaty shallbe appointed for the remainder of the parliamentary term.

Article 16 DeletedArticle 17This Decision shall be published in the Official Journal of the European Communities.

It shall enter into force on the date of its publication.

B. Decision of the European Ombudsman adopting implementing provisions38Article 1 DefinitionsIn these implementing provisions,38Adopted on 8 July 2002 and amended by decisions of the Ombudsman of 5 April2004 and 3 December 2008.

a) "institution concerned" means the Community institution or body which is theobject of a complaint or an own initiative inquiry;b) "the Statute" means the regulations and general conditions governing theperformance of the Ombudsman's duties;c) in relation to documents and information, "confidential" means "not to bedisclosed".

Article 2 Receipt of complaints2.1. Complaints are identified, registered and numbered upon receipt.

2.2. An acknowledgement of receipt is sent to the complainant, quoting theregistration number of the complaint and identifying the legal officer who is dealingwith the case.

2.3. A petition transferred to the Ombudsman by the European Parliament withthe consent of the petitioner is treated as a complaint.

2.4. In appropriate cases and with the consent of the complainant, theOmbudsman may transfer a complaint to the European Parliament to be dealt with asa petition.

2.5. In appropriate cases and with the consent of the complainant, theOmbudsman may transfer a complaint to another competent authority.

Article 3 Admissibility of complaints3.1. On the basis of the criteria laid down in the Treaty and the Statute, theOmbudsman determines whether a complaint is within his mandate and if so, whetherit is admissible; he may request the complainant to provide further information ordocuments before making the determination.

3.2. If a complaint is outside the mandate, or inadmissible, the Ombudsmancloses the file on the complaint. He informs the complainant of his decision and of thereasons for it. The Ombudsman may advise the complainant to apply to anotherauthority.

Article 4 Inquiries into admissible complaints4.1. The Ombudsman decides whether there are sufficient grounds to justifymaking inquiries into an admissible complaint.

4.2. If he does not find sufficient grounds to justify making inquiries, theOmbudsman closes the file on the complaint and informs the complainantaccordingly. The Ombudsman may also inform the institution concerned.

4.3. If the Ombudsman finds sufficient grounds to justify making inquiries, heinforms the complainant and the institution concerned. He transmits a copy of thecomplaint to the institution concerned and invites it to submit an opinion within aspecified time that is normally no more than three months. The invitation to theinstitution concerned may specify particular aspects of the complaint, or specificissues, to which the opinion should be addressed.

4.4. The opinion shall not include any information or documents which theinstitution concerned regards as confidential.

4.5. The institution concerned may request that certain parts of its opinion bedisclosed only to the complainant. It shall clearly identify the parts concerned andshall explain the reason or reasons for its request.

4.6. The Ombudsman sends the opinion of the institution concerned to thecomplainant. The complainant has the opportunity to submit observations to theOmbudsman, within a specified time that is normally no more than one month.

4.7. If he considers it useful to do so, the Ombudsman makes further inquiries.

Points 4.3 to 4.6 apply to further inquiries, save that the time limit for the institutionconcerned to reply is normally one month.

4.8. Where he considers it appropriate to do so, the Ombudsman may use asimplified procedure, with a view to achieving a rapid solution.

4.9. When he has completed his inquiries. the Ombudsman closes the case witha reasoned decision and informs the complainant and the institution concerned.

Article 5 Powers of investigation5.1. Subject to the conditions laid down in the Statute, the Ombudsman mayrequire Community institutions and bodies and the authorities of Member States tosupply, within a reasonable time, information or documents for the purposes of aninquiry. They shall clearly identify any information or documents which they regardas confidential.

5.2. The Ombudsman may inspect the file of the institution concerned. Theinstitution concerned shall clearly identify any documents in the file which it regardsas confidential. The Ombudsman may take copies of the whole file or of specificdocuments contained in the file. The Ombudsman informs the complainant that aninspection has taken place.

5.3. The Ombudsman may require officials or other servants of Communityinstitutions or bodies to give evidence under the conditions laid down in the Statute.

The Ombudsman may decide that the person giving evidence shall do so inconfidence.

5.4. The Ombudsman may request Community institutions and bodies to makearrangements for him to pursue his inquiries on the spot.

5.5. The Ombudsman may commission such studies or expert reports, as heconsiders necessary to the success of an inquiry.

Article 6 Friendly solutions6.1. If the Ombudsman finds maladministration, as far as possible he co-operates with the institution concerned in seeking a friendly solution to eliminate itand to satisfy the complainant.

6.2. If the Ombudsman considers that such cooperation has been successful, hecloses the case with a reasoned decision. He informs the complainant and theinstitution concerned of the decision.

6.3. If the Ombudsman considers that a friendly solution is not possible, or thatthe search for a friendly solution has been unsuccessful, he either closes the case witha reasoned decision that may include a critical remark or makes a report with draftrecommendations.

Article 7 Critical remarks7.1 The Ombudsman makes a critical remark if he considers:a) that it is no longer possible for the institution concerned to eliminate theinstance of maladministration andb) that the instance of maladministration has no general implications.

7.2. When the Ombudsman closes the case with a critical remark, he informsthe complainant and the institution concerned.

Article 8 Reports and recommendations8.1. The Ombudsman makes a report with draft recommendations to theinstitution concerned if he considers eithera) that it is possible for the institution concerned to eliminate the instance ofmaladministration, orb) that the instance of maladministration has general implications.

8.2. The Ombudsman sends a copy of his report and draft recommendations tothe institution concerned and to the complainant.

8.3. The institution concerned sends the Ombudsman a detailed opinion withinthree months. The detailed opinion could consist of acceptance of the Ombudsman'sdecision and a description of the measures taken to implement the draftrecommendations.

8.4. If the Ombudsman does not consider that the detailed opinion issatisfactory he may draw up a special report to the European Parliament in relation tothe instance of maladministration. The report may contain recommendations. TheOmbudsman sends a copy of the report to the institution concerned and to thecomplainant.

Article 9 Own-initiative inquiries9.1. The Ombudsman may decide to undertake inquiries on his own initiative.

9.2. The Ombudsman's powers of investigation when conducting own initiativeinquiries are the same as in inquiries instituted following a complaint.

9.3. The procedures followed in inquiries instituted following a complaint alsoapply, by analogy, to own initiative inquiries.

Article 10 Points of procedure10.1. If the complainant so requests, the Ombudsman classifies a complaint asconfidential. If he considers that it is necessary to protect the interests of thecomplainant or of a third party, the Ombudsman may classify a complaint asconfidential on his own initiative.

10.2. If he considers it appropriate to do so, the Ombudsman may take steps toensure that a complaint is dealt with as a matter of priority.

10.3. If legal proceedings are instituted in relation to matters under investigationby the Ombudsman, he closes the case. The outcome of any inquiries he has carriedout up to that point is filed without further action.

10.4. The Ombudsman informs the relevant national authorities and ifappropriate, a Community institution or body of such criminal law matters as maycome to his notice in the course of an inquiry. The Ombudsman may also inform aCommunity institution or body of facts which, in his view, could justify disciplinaryproceedings.

Article 11 Reports to the European Parliament11.1. The Ombudsman submits an annual report to the European Parliament onhis activities as a whole, including the outcome of his inquiries.

11.2. As well as special reports made under Article 8.4 above, the Ombudsmanmay make such other special reports to the European Parliament as he thinksappropriate to fulfil his responsibilities under the Treaties and the Statute.

11.3. The annual and special reports of the Ombudsman may contain suchrecommendations as he thinks appropriate to fulfil his responsibilities under theTreaties and the Statute.

Article 12 Cooperation with ombudsmen and similar bodies in Member StatesThe Ombudsman may work in conjunction with ombudsmen and similar bodies in theMember States with a view to enhancing the effectiveness both of his own inquiriesand of those carried out by ombudsmen and similar bodies in the Member States andof making more effective provision for safeguarding rights and interests underEuropean Union and European Community law.

Article 13 The complainant's right to see the file13.1. The complainant shall be entitled to see the Ombudsman’s file on his orher complaint, subject to Article 13.3 below.

13.2. The complainant may exercise the right to see the file on the spot. He orshe may request the Ombudsman to supply a copy of the whole file, or of specificdocuments in the file.

13.3. The complainant shall not have access to:a) documents or information obtained by virtue of Article 5.1 or 5.2 above whichhave been identified to the Ombudsman as confidential;b) evidence given in confidence in accordance with Article 5.3 above.

Article 14 Public access to documents held by the Ombudsman14.1. . The public shall have access to documents held by the Ombudsman, whichdo not relate to inquiries, subject to the same conditions and limits as those laid downby Regulation (EC) No 1049/200139for public access to European Parliament,Council and Commission documents.

14.2. The public may request access to inquiry-related documents held by theOmbudsman, provided that the complaint has not been classified as confidential at therequest of the complainant, or by the Ombudsman pursuant to Article 10.1 above.

Access shall not be given to:a) documents or information obtained by virtue of Article 5.1 or 5.2 above whichhave been identified to the Ombudsman as confidential;b) evidence given in confidence, in accordance with Article 5.3 above;c) those parts of its opinion and replies to any further inquiries which, inaccordance with Article 4.5 above, the institution concerned has requestedshould be disclosed only to the complainant. The applicant shall be informedof the reason or reasons which the institution concerned has given for itsrequest;d) a document the disclosure of which would prejudice the integrity of an on-going inquiry.

14.3. Applications for access to documents shall be made in writing (letter, faxor e-mail) and in a sufficiently precise manner to enable the document to be identified.

14.4. Access is given on the spot or by providing a copy. The Ombudsman mayimpose reasonable charges for the supply of copies. The method of calculation of anycharge is explained.

14.5. Decisions on applications for public access are made within 15 workingdays from receipt. In exceptional cases, the time-limit may be extended by 15 workingdays; the applicant is notified in advance of the extension and detailed reasons aregiven.

14.6. If an application for access to a document is refused in whole or in partreasons are given for the refusal.

Article 15 Languages15.1. A complaint may be submitted to the Ombudsman in any of the Treatylanguages. The Ombudsman is not required to deal with complaints submitted in otherlanguages.

15.2. The language of proceedings conducted by the Ombudsman is one of theTreaty languages; in the case of a complaint, the language in which it is written.

39Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30May 2001 regarding public access to European Parliament, Council and Commissiondocuments (OJ L 145, 31.5.2001, p. 43).

15.3. The Ombudsman determines which documents are to be drawn up in thelanguage of the proceedings.

Article 16 Publication of reports16.1. The European Ombudsman shall publish in the Official Journalannouncements concerning the adoption of annual and special reports, making publicthe means for all interested to have access to the full text of the documents.

16.2. Any reports or summaries of the Ombudsman’s decisions concerningconfidential complaints are published in a form that does not allow the complainant tobe identified.

Article 17 Entry into force17.1. The implementing provisions adopted on 16 October 1997 are repealed.

17.2. This decision shall come into effect on 1 January 2003.

17.3. The President of the European Parliament shall be informed of theadoption of this decision. An announcement shall also be published in the OfficialJournal.


ANNEX XII Prevention of fraud, corruption and any illegal activity

detrimental to the Communities' interestsEuropean Parliament Decision concerning the terms and conditions for internalinvestigations in relation to the prevention of fraud, corruption and any illegalactivity detrimental to the Communities' interests40The European Parliament,Having regard to the Treaty establishing the European Community, and in particularArticle 199 thereof,Having regard to the Treaty establishing the European Coal and Steel Community,and in particular Article 25 thereof,Having regard to the Treaty establishing the European Atomic Energy Community,and in particular Article 112 thereof,Having regard to its Rules of Procedure, and in particular Rule 186(c)41thereof,Whereas:Regulation (EC) No 1073/1999 of the European Parliament and of the Council42andCouncil Regulation (Euratom) No 1074/199943concerning investigations conductedby the European Anti-Fraud Office provide that the Office is to initiate and conductadministrative investigations within the institutions, bodies and offices and agenciesestablished by or on the basis of the EC Treaty or the Euratom Treaty;The responsibility of the European Anti-Fraud Office as established by theCommission extends beyond the protection of financial interests to include allactivities relating to the need to safeguard Community interests against irregularconduct liable to give rise to administrative or criminal proceedings;The scope of the fight against fraud should be broadened and its effectivenessenhanced by exploiting existing expertise in the area of administrative investigations;Therefore, on the basis of their administrative autonomy, all the institutions, bodiesand offices and agencies should entrust to the Office the task of conducting internaladministrative investigations with a view to bringing to light serious situationsrelating to the discharge of professional duties which may constitute a failure tocomply with the obligations of officials and servants of the Communities, as referredto in Articles 11, 12, second and third paragraphs, 13, 14, 16 and 17, first paragraph,of the Staff Regulations of Officials and the Conditions of Employment of OtherServants of the European Communities (hereinafter referred to as 'the StaffRegulations'), detrimental to the interests of those Communities and liable to result indisciplinary or, in appropriate cases, criminal proceedings, or serious misconduct, asreferred to in Article 22 of the Staff Regulations, or a failure to comply with the40Adopted on 18 November 1999.

41Now Rule 215(c).

42OJ L 136, 31.5.1999, p. 1.

43OJ L 136, 31.5.1999, p. 8.

analogous obligations of the Members or staff of the European Parliament not subjectto the Staff Regulations;Such investigations should be conducted in full compliance with the relevantprovisions of the Treaties establishing the European Communities, in particular theProtocol on privileges and immunities, of the texts implementing them and the StaffRegulations;Such investigations should be carried out under equivalent conditions in all theCommunity institutions, bodies and offices and agencies; assignment of this task tothe Office should not affect the responsibilities of the institutions, bodies, offices oragencies themselves and should in no way reduce the legal protection of the personsconcerned;Pending the amendment of the Staff Regulations, practical arrangements should belaid down stipulating how the members of the institutions and bodies, the managers ofthe offices and agencies and the officials and servants of the institutions, bodies andoffices and agencies are to cooperate in the smooth operation of the internalinvestigations,HAS DECIDED AS FOLLOWS:Article 1 Duty to cooperate with the OfficeThe Secretary-General, the services and any official or servant of the EuropeanParliament shall be required to cooperate fully with the Office's agents and to lend anyassistance required to the investigation. With that aim in view, they shall supply theOffice's agents with all useful information and explanations.

Without prejudice to the relevant provisions of the Treaties establishing the EuropeanCommunities, in particular the Protocol on privileges and immunities, and of the textsimplementing them, Members shall cooperate fully with the Office.

Article 2 Duty to supply informationAny official or servant of the European Parliament who becomes aware of evidencewhich gives rise to a presumption of the existence of possible cases of fraud,corruption or any other illegal activity detrimental to the interests of the Communities,or of serious situations relating to the discharge of professional duties which mayconstitute a failure to comply with the obligations of officials or servants of theCommunities or staff not subject to the Staff Regulations liable to result indisciplinary or, in appropriate cases, criminal proceedings, shall inform without delayhis Head of Service or Director-General or, if he considers it useful, his Secretary-General or the Office direct, in the case of an official, servant or staff member notsubject to the Staff Regulations, or, in the case of failure to comply with the analogousobligations of Members, the President of the European Parliament.

The President, the Secretary-General, the Directors-General and the Heads of Serviceof the European Parliament shall transmit without delay to the Office any evidence ofwhich they are aware from which the existence of irregularities as referred to in thefirst paragraph may be presumed.

Officials or servants of the European Parliament must in no way suffer inequitable ordiscriminatory treatment as a result of having communicated the information referredto in the first and second paragraphs.

Members who acquire knowledge of facts as referred to in the first paragraph shallinform the President of Parliament or, if they consider it useful, the Office direct.

This article applies without prejudice to confidentiality requirements laid down in lawor the European Parliament’s Rules of Procedure.

Article 3 Assistance from the security officeAt the request of the Director of the Office, the European Parliament's security officeshall assist the Office in the practical conduct of investigations.

Article 4 Immunity and right to refuse to testifyRules governing Members' parliamentary immunity and the right to refuse to testifyshall remain unchanged.

Article 5 Informing the interested partyWhere the possible implication of a Member, official or servant emerges, theinterested party shall be informed rapidly as long as this would not be harmful to theinvestigation. In any event, conclusions referring by name to a Member, official orservant of the European Parliament may not be drawn once the investigation has beencompleted without the interested party's having been enabled to express his views onall the facts which concern him.

In cases necessitating the maintenance of absolute secrecy for the purposes of theinvestigation and requiring the use of investigative procedures falling within the remitof a national judicial authority, compliance with the obligation to invite the Member,official or servant of the European Parliament to give his views may be deferred inagreement respectively with the President, in the case of a Member, or the Secretary-General, in the case of an official or servant.

Article 6 Information on the closing of the investigation with no further actiontakenIf, following an internal investigation, no case can be made out against a Member,official or servant of the European Parliament against whom allegations have beenmade, the internal investigation concerning him shall be closed, with no further actiontaken, by decision of the Director of the Office, who shall inform the interested partyin writing.

Article 7 Waiver of immunityAny request from a national police or judicial authority regarding the waiver of theimmunity from judicial proceedings of an official or servant of the EuropeanParliament concerning possible cases of fraud, corruption or any other illegal activityshall be transmitted to the Director of the Office for his opinion. If a request forwaiver of immunity concerns a Member of the European Parliament, the Office shallbe informed.

Article 8 Effective dateThis Decision shall take effect on the date of its adoption by the European Parliament.


ANNEX XIII Agreement between the European Parliament and the

Commission on procedures for implementing Council Decision1999/468/EC laying down the procedures for the exercise ofimplementing powers conferred on the Commission, as amended byDecision 2006/512/ECInformation to the European Parliament 1. Pursuant to Article 7(3) of Decision 1999/468/EC44, the EuropeanParliament is to be informed by the Commission on a regular basis of proceedings ofcommittees45in accordance with arrangements which ensure that the transmissionsystem is transparent and efficient and that the information forwarded and the variousstages of the procedure are identified. To that end, it is to receive, at the same time asthe members of the committees and on the same terms, the draft agendas forcommittee meetings, the draft implementing measures submitted to those committeespursuant to basic instruments adopted in accordance with the procedure provided forby Article 251 of the Treaty, the results of voting, summary records of the meetingsand lists of the authorities to which the persons designated by the Member States torepresent them belong.

Register 2. The Commission will establish a register containing all documentsforwarded to the European Parliament46 . The European Parliament will have directaccess to this register. In accordance with Article 7(5) of Decision 1999/468/EC,references of all documents transmitted to the European Parliament will be madepublic.


3. In accordance with the undertakings given by the Commission in itsstatement on Article 7(3) of Decision 1999/468/EC47, and once the appropriatetechnical arrangements have been made, the register provided for in paragraph 2 willenable, in particular:- a clear identification of the documents covered by the same procedure and ofany changes to the implementing measure at each stage of the procedure;- an indication of the stage of the procedure and the timetable;- a clear distinction between the draft measures received by the EuropeanParliament at the same time as the committee members in accordance with theright to information and the final draft following the committee's opinion thatis forwarded to the European Parliament;- a clear identification of any modification in comparison to documents alreadyforwarded to the European Parliament.

44OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L200, 22.7.2006, p. 11).

45Throughout this Agreement, the word "committee" shall be taken to refer tocommittees established in accordance with Decision 1999/468/EC, except where it isspecified that another committee is referred to.

46The target date for the establishment of the register is 31 March 2008.

47OJ C 171, 22.7.2006, p. 21.


4. When, after a transitional period starting from the entry into force of thisAgreement, the European Parliament and the Commission conclude that the system isoperational and satisfactory, the transmission of documents to the EuropeanParliament shall be made by electronic notification with a link to the register providedfor in paragraph 2. This decision shall be taken through an exchange of lettersbetween the presidents of both institutions. During the transitional period, thedocuments will be forwarded to the European Parliament as an attachment to anelectronic mail.


5. Furthermore, the Commission agrees to forward to the EuropeanParliament, for information and at the request of the parliamentary committeeresponsible, specific draft measures implementing basic instruments which, althoughnot adopted in accordance with the procedure provided for by Article 251 of theTreaty, are of particular importance to the European Parliament. These measures shallbe entered in the register provided for in paragraph 2 with a notification thereof to theEuropean Parliament.


6. In addition to the summary records referred to in paragraph 1, theEuropean Parliament may request access to minutes of committee meetings48 . TheCommission will examine each request, on a case by case basis, under theconfidentiality rules set out in Annex 1 to the Framework Agreement on relationsbetween the European Parliament and the Commission49.

Confidential documents 7. Confidential documents will be processed in accordance with internaladministrative procedures drawn up by each institution with a view to providing allthe requisite guarantees.

European Parliament resolutions under Article 8 of Decision 1999/468/EC 8. Pursuant to Article 8 of Decision 1999/468/EC, the European Parliamentmay indicate, in a resolution setting out the grounds on which it is based, that draftmeasures implementing a basic instrument adopted in accordance with the procedureprovided for by Article 251 of the Treaty would exceed the implementing powersprovided for in that basic instrument.


9. The European Parliament is to adopt such resolutions in accordance withits Rules of Procedure; it is to have a period of one month in which to do so,beginning on the date of receipt of the final draft of the implementing measures in thelanguage versions submitted to the members of the committee concerned.


10. The European Parliament and the Commission agree that it is appropriateto establish a shorter time-limit on a permanent basis for some types of urgentimplementing measures on which a decision must be taken within a shorter period oftime in the interests of sound management. This applies in particular to some types ofmeasure relating to external action, including humanitarian and emergency aid, tohealth and safety protection, to transport security and safety and to exemptions from48See the judgment of the Court of First Instance of the European Communities of 19July 1999 in Case T-188/97 Rothmans v Commission [1999] ECR II-2463.

49OJ C 117 E, 18.5.2006, p. 123.

public procurement rules. An agreement between the Member of the Commission andthe Chair of the parliamentary committee responsible will lay down the types ofmeasure concerned and the applicable time-limits. Such an agreement may be revokedat any time by either side.


11. Without prejudice to the cases referred to in paragraph 10, the time-limitwill be shorter in urgent cases and in the case of measures relating to day-to-dayadministrative matters and/or having a limited period of validity. That time-limit maybe very short in extremely urgent cases, in particular on public health grounds. TheMember of the Commission responsible is to set the appropriate time-limit and tostate the reason for that time-limit. The European Parliament may in such cases use aprocedure whereby application of Article 8 of Decision 1999/468/EC is delegated tothe parliamentary committee responsible, which may send a response to theCommission within the relevant time-limit.


12. As soon as the Commission's services foresee that draft measures coveredby paragraphs 10 and 11 might have to be submitted to a committee, they willinformally warn the secretariat of the parliamentary committee or committeesresponsible thereof. As soon as initial draft measures have been submitted to themembers of the committee, the Commission's services will notify the secretariat of theparliamentary committee or committees of their urgency and of the time-limits thatwill apply once the final draft has been submitted.


13. Following the adoption by the European Parliament of a resolution asreferred to in paragraph 8 or a response as referred to in paragraph 11, the Member ofthe Commission responsible is to inform the European Parliament or, whereappropriate, the parliamentary committee responsible of the action the Commissionintends to take thereon.


14. Data pursuant to paragraphs 10 to 13 will be entered in the register.Regulatory procedure with scrutiny 15. Where the regulatory procedure with scrutiny applies, and following thevote in the committee, the Commission will inform the European Parliament of theapplicable time-limits. Subject to paragraph 16, these time-limits will start to run onlyonce the European Parliament has received all language versions.


16. Where shorter time-limits apply (Article 5a(5)(b) of Decision1999/468/EC) and in cases of urgency (Article 5a(6) of Decision 1999/468/EC), thetime-limits shall start to run from the date of receipt by the European Parliament ofthe final draft implementing measures in the language versions submitted to themembers of the committee, unless the Chair of the parliamentary committee objects.

In any event, the Commission will endeavour to forward all language versions to theEuropean Parliament as soon as possible. As soon as the Commission's servicesforesee that draft measures covered by Article 5a(5)(b) or (6) might have to besubmitted to a committee, they will informally warn the secretariat of theparliamentary committee or committees responsible thereof.

Financial services 17. In accordance with its statement on Article 7(3) of Decision 1999/468/EC,in respect of financial services the Commission undertakes to:- ensure that the Commission official chairing a committee meeting informs theEuropean Parliament, at its request, after each meeting, of any discussionsconcerning draft implementing measures that have been submitted to thatcommittee;- give an oral or written reply to any questions regarding discussions concerningdraft implementing measures submitted to a committee.

Finally, the Commission will ensure that the undertakings made at Parliament'splenary sitting of 5 February 200250and restated at its plenary sitting of 31 March200451and those referred to in points 1 to 7 of the letter of 2 October 200152fromCommissioner Bolkestein to the Chair of the European Parliament's Committee onEconomic and Monetary Affairs are honoured in respect of the entire financialservices sector (including securities, banks, insurance, pensions and accounting).

Calendar of parliamentary work 18. Except where shorter time limits apply or in cases of urgency, theCommission will take into account, when transmitting draft implementing measuresunder this Agreement, the European Parliament's periods of recess (winter, summerand European elections), in order to ensure that Parliament is able to exercise itsprerogatives within the time limits laid down in Decision 1999/468/EC and thisAgreement.

Cooperation between the European Parliament and the Commission 19. The two institutions express their readiness to assist each other in order toensure full cooperation when dealing with specific implementing measures. To thiseffect, appropriate contacts at administrative level will be established.

Preceding agreements 20. The 2000 Agreement between the European Parliament and theCommission on procedures for implementing Council Decision 1999/468/EC53ishereby replaced. The European Parliament and the Commission consider thefollowing agreements superseded and thus of no effect in so far as they are concerned:the 1988 Plumb/Delors Agreement, the 1996 Samland/Williamson Agreement and the1994 modus vivendi54.

50OJ C 284 E, 21.11.2002, p. 19.

51OJ C 103 E, 29.4.2004, p. 446 and Verbatim Report of Proceedings (CRE) forParliament's plenary sitting of 31 March 2004, under 'Vote'.

52OJ C 284 E, 21.11.2002, p. 83.

53OJ L 256, 10.10.2000, p. 19.

54OJ C 102, 4.4.1996, p. 1.


ANNEX XIV Framework Agreement on relations between the

European Parliament and the European CommissionThe European Parliament55and the European Commission (hereinafter referred to as"the two Institutions"),- having regard to the Treaty on European Union (TEU), the Treaty on theFunctioning of the European Union (TFEU), in particular Article 295 thereof,and the Treaty establishing the European Atomic Energy Community(hereinafter referred to as "the Treaties"),- having regard to the Inter-institutional Agreements and texts governingrelations between the two Institutions,- having regard to Parliament's Rules of Procedure56, and in particular Rules105, 106 and 127 thereof and Annexes VIII and XIV thereto,- having regard to the political guidelines issued, and the relevant statementsmade, by the President-elect of the Commission on 15 September 2009 and 9February 2010 and the statements made by each of the candidate Members ofthe Commission in the course of their hearings by parliamentary committees,A. whereas the Lisbon Treaty strengthens the democratic legitimacy of theUnion's decision-making process,B. whereas the two Institutions attach the utmost importance to the effectivetransposition and implementation of Union law,C. whereas this Framework Agreement does not affect the powers andprerogatives of Parliament, the Commission or any other institution or organ of theUnion but seeks to ensure that those powers and prerogatives are exercised aseffectively and transparently as possible,D. whereas this Framework Agreement should be interpreted in conformitywith the institutional framework as organised by the Treaties,E. whereas the Commission will take due account of the respective rolesconferred by the Treaties on Parliament and the Council, in particular with referenceto the basic principle of equal treatment laid down under point 9,F. whereas it is appropriate to update the Framework Agreement concludedin May 200557and to replace it by the following text,agree as follows:I. SCOPE 1. To better reflect the new "special partnership" between Parliament and theCommission, the two Institutions agree on the following measures to strengthen thepolitical responsibility and legitimacy of the Commission, extend constructive55Parliament's decision of 20 October 2010.

56OJ L 44, 15.2.2005, p. 1.

57OJ C 117 E, 18.5.2006, p. 125.

dialogue, improve the flow of information between the two Institutions and improvecooperation on procedures and planning.

They also agree on specific provisions:- on Commission meetings with national experts, as set out in Annex 1;- on the forwarding of confidential information to Parliament, as set out inAnnex 2;- on the negotiation and conclusion of international agreements, as set out inAnnex 3; and- on the timetable for the Commission Work Programme, as set out in Annex 4.

II. POLITICAL RESPONSIBILITY 2. After being nominated by the European Council, the President-designateof the Commission will submit to Parliament political guidelines for his/her term ofoffice in order to enable an informed exchange of views to take place with Parliamentbefore its election vote.


3. In conformity with Rule 106 of its Rules of Procedure, Parliament shallcommunicate with the President-elect of the Commission in good time before theopening of the procedures relating to giving its consent to the new Commission.

Parliament shall take into account the remarks expressed by the President-elect.

The designated Members of the Commission shall ensure full disclosure of allrelevant information, in conformity with the obligation of independence laid down inArticle 245 TFEU.

The procedures shall be designed in such a way as to ensure that the entireCommission-designate is assessed in an open, fair and consistent manner.


4. Each Member of the Commission shall take political responsibility foraction in the field of which he or she is in charge, without prejudice to the principle ofCommission collegiality.

The President of the Commission shall be fully responsible for identifying anyconflict of interest which renders a Member of the Commission unable to perform hisor her duties.

The President of the Commission shall likewise be responsible for any subsequentaction taken in such circumstances and shall inform the President of Parliamentthereof immediately and in writing.

The participation of Members of the Commission in electoral campaigns is governedby the Code of Conduct for Commissioners.

Members of the Commission participating actively in electoral campaigns ascandidates in elections to the European Parliament should take unpaid electoral leavewith effect from the end of the last part-session before the elections.

The President of the Commission shall inform Parliament in due time of his/herdecision to grant such leave, indicating which Member of the Commission will takeover the relevant responsibilities for that period of leave.


5. If Parliament asks the President of the Commission to withdrawconfidence in an individual Member of the Commission, he/she will seriouslyconsider whether to request that Member to resign, in accordance with Article 17(6)TEU. The President shall either require the resignation of that Member or explainhis/her refusal to do so before Parliament in the following part-session.


6. Where it becomes necessary to arrange for the replacement of a Memberof the Commission during his/her term of office pursuant to the second paragraph ofArticle 246 TFEU, the President of the Commission will seriously consider the resultof Parliament's consultation before giving accord to the decision of the Council..

Parliament shall ensure that its procedures are conducted with the utmost dispatch, inorder to enable the President of the Commission to seriously consider Parliament’sopinion before the new Member is appointed.

Similarly, pursuant to the third paragraph of Article 246 TFEU, when the remainderof the Commission’s term of office is short, the President of the Commission willseriously consider Parliament's position.


7. If the President of the Commission intends to reshuffle the allocation ofresponsibilities amongst the Members of the Commission during its term of officepursuant to Article 248 TFEU he/she shall inform Parliament in due time for therelevant parliamentary consultation with regard to those changes. The President'sdecision to reshuffle the portfolios can take effect immediately.


8. When the Commission comes forward with a revision of the Code ofConduct for Commissioners relating to conflict of interest or ethical behaviour, it willseek Parliament's opinion.

III. CONSTRUCTIVE DIALOGUE AND FLOW OF INFORMATION(i) General provisions 9. The Commission guarantees that it will apply the basic principle of equaltreatment for Parliament and the Council, especially as regards access to meetings andthe provision of contributions or other information, in particular on legislative andbudgetary matters.


10. Within its competences, the Commission shall take measures to betterinvolve Parliament in such a way as to take Parliament's views into account as far aspossible in the area of the Common Foreign and Security Policy.


11. A number of arrangements are made to implement the "special partnership"between Parliament and the Commission, as follows:- the President of the Commission will at Parliament's request meet theConference of Presidents at least twice a year to discuss issues of common interest;- the President of the Commission will have a regular dialogue with thePresident of Parliament on key horizontal issues and major legislative proposals. Thisdialogue should also include invitations to the President of Parliament to attendmeetings of the College of Commissioners;- the President of the Commission or the Vice-President responsible forinter-institutional relations is to be invited to attend meetings of the Conference ofPresidents and the Conference of Committee Chairs when specific issues relating toplenary agenda-setting, inter-institutional relations between Parliament and theCommission and legislative and budgetary matters are to be discussed;- meetings shall take place annually between the Conference of Presidentsand the Conference of Committee Chairs and the College of Commissioners, todiscuss relevant issues including the preparation and implementation of theCommission Work Programme;- the Conference of Presidents and the Conference of Committee Chairsshall inform the Commission in due time of the results of their discussions having aninter-institutional dimension. Parliament shall also keep the Commission fully andregularly informed of the outcome of its meetings dealing with the preparation of thepart-sessions, taking into account the Commission's views. This is without prejudiceto point 45;- to ensure a regular flow of relevant information between the twoInstitutions, the Secretaries-General of Parliament and of the Commission shall meeton a regular basis.


12. Each Member of the Commission shall make sure that there is a regularand direct flow of information between the Member of the Commission and the chairof the relevant parliamentary committee.


13. The Commission shall not make public any legislative proposal or anysignificant initiative or decision before notifying Parliament thereof in writing.

On the basis of the CommissionWork Programme, the two Institutions shall identifyin advance, by common agreement, key initiatives to be presented in plenary. Inprinciple, the Commission will present these initiatives first in plenary and onlyafterwards to the public.

Similarly, they shall identify those proposals and initiatives for which information isto be provided before the Conference of Presidents or conveyed, in an appropriatemanner, to the relevant parliamentary committee or its chair.

These decisions shall be taken within the framework of the regular dialogue betweenthe two Institutions, as provided for in point 11, and shall be updated on a regularbasis, taking due account of any political developments.


14. If an internal Commission document – of which Parliament has not beeninformed pursuant to this Framework Agreement – is circulated outside theInstitutions, the President of Parliament may request that the document concerned beforwarded to Parliament without delay, in order to communicate it to any Member ofParliament who may request it.


15. The Commission will provide full information and documentation on itsmeetings with national experts within the framework of its work on the preparationand implementation of Union legislation, including soft law and delegated acts. If sorequested by Parliament, the Commission may also invite Parliament's experts toattend those meetings.

The relevant provisions are laid down in Annex 1.


16. Within three months after the adoption of a parliamentary resolution, theCommission shall provide information to Parliament in writing on action taken inresponse to specific requests addressed to it in Parliament’s resolutions, including incases where it has not been able to follow Parliament's views. That period may beshortened where a request is urgent. It may be extended by one month where a requestcalls for more exhaustive work and this is duly substantiated. Parliament will makesure that this information is widely distributed within the institution.

Parliament will endeavour to avoid asking oral or written questions concerning issuesin respect of which the Commission has already informed Parliament of its positionthrough a written follow-up communication.

The Commission shall commit itself to report on the concrete follow-up of anyrequest to submit a proposal pursuant to Article 225 TFEU (legislative initiativereport) within three months following adoption of the corresponding resolution inplenary. The Commission shall come forward with a legislative proposal at the latestafter one year or shall include the proposal in its next year's Work Programme. If theCommission does not submit a proposal, it shall give Parliament detailed explanationsof the reasons.

The Commission shall also commit itself to a close and early cooperation withParliament on any legislative initiative requests emanating from citizens' initiatives.

As regards the discharge procedure, the specific provisions laid down in point 31 shallapply.


17. Where initiatives, recommendations or requests for legislative acts aremade pursuant to Article 289(4) TFEU, the Commission shall inform Parliament, if sorequested, of its position on those proposals before the relevant parliamentarycommittee.


18. The two Institutions agree to cooperate in the area of relations withnational Parliaments.

Parliament and the Commission shall cooperate on the implementation of TFEUProtocol No 2 on the application of the principles of subsidiarity and proportionality.

Such cooperation shall include arrangements related to any necessary translation ofreasoned opinions presented by national Parliaments.

When the thresholds mentioned in Article 7 of TFEU Protocol No 2 are met, theCommission shall provide the translations of all the reasoned opinions presented bynational Parliaments together with its position thereon.


19. The Commission shall inform Parliament of the list of its expert groups setup in order to assist the Commission in the exercise of its right of initiative. That listshall be updated on a regular basis and made public.

Within this framework, the Commission shall, in an appropriate manner, inform thecompetent parliamentary committee, at the specific and reasoned request of its chair,on the activities and composition of such groups.


20. The two Institutions shall hold, through the appropriate mechanisms, aconstructive dialogue on questions concerning important administrative matters,notably on issues having direct implications for Parliament's own administration.


21. Parliament will seek the opinion of the Commission when it comesforward with a revision of its Rules of Procedures concerning relations with theCommission.


22. Where confidentiality is invoked as regards any of the informationforwarded pursuant to this Framework Agreement, the provisions laid down in Annex2 shall be applied.

(ii) International agreements and enlargement 23. Parliament shall be immediately and fully informed at all stages of thenegotiation and conclusion of international agreements, including the definition ofnegotiating directives. The Commission shall act in a manner to give full effect to itsobligations under Article 218 TFEU, while respecting each Institution's role inaccordance with Article 13(2) TEU.

The Commission shall apply the arrangements set out in Annex 3.


24. The information referred to in point 23 shall be provided to Parliament insufficient time for it to be able to express its point of view if appropriate, and for theCommission to be able to take Parliament’s views as far as possible into account. Thisinformation shall, as a general rule, be provided to Parliament through the responsibleparliamentary committee and, where appropriate, at a plenary sitting. In duly justifiedcases, it shall be provided to more than one parliamentary committee.

Parliament and the Commission undertake to establish appropriate procedures andsafeguards for the forwarding of confidential information from the Commission toParliament, in accordance with the provisions of Annex 2.


25. The two Institutions acknowledge that, due to their different institutionalroles, the Commission is to represent the European Union in internationalnegotiations, with the exception of those concerning the Common Foreign andSecurity Policy and other cases as provided for in the Treaties.

Where the Commission represents the Union in international conferences, it shall, atParliament's request, facilitate the inclusion of a delegation of Members of theEuropean Parliament as observers in Union delegations, so that it may be immediatelyand fully informed about the conference proceedings. The Commission undertakes,where applicable, to systematically inform the Parliament delegation about theoutcome of negotiations.

Members of the European Parliament may not participate directly in thesenegotiations. Subject to the legal, technical and diplomatic possibilities, they may begranted observer status by the Commission. In the event of refusal, the Commissionwill inform Parliament of the reasons therefor.

In addition, the Commission shall facilitate the participation of Members of theEuropean Parliament as observers in all relevant meetings under its responsibilitybefore and after negotiation sessions.


26. Under the same conditions, the Commission shall keep Parliamentsystematically informed about, and facilitate access as observers for Members of theEuropean Parliament forming part of Union delegations to, meetings of bodies set upby multilateral international agreements involving the Union, whenever such bodiesare called upon to take decisions which require the consent of Parliament or theimplementation of which may require the adoption of legal acts in accordance withthe ordinary legislative procedure.


27. The Commission shall also give Parliament's delegation included in Uniondelegations to international conferences access to use all Union delegation facilitieson these occasions, in line with the general principle of good cooperation between theinstitutions and taking into account the available logistics.

The President of Parliament shall send to the President of the Commission a proposalfor the inclusion of a Parliament delegation in the Union delegation no later than 4weeks before the start of the conference, specifying the head of the Parliamentdelegation and the number of Members of the European Parliament to be included. Induly justified cases, this deadline can exceptionally be shortened.

The number of Members of the European Parliament included in the Parliamentdelegation and of supporting staff shall be proportionate to the overall size of theUnion delegation.


28. The Commission shall keep Parliament fully informed of the progress ofaccession negotiations and in particular on major aspects and developments, so as toenable it to express its views in good time through the appropriate parliamentaryprocedures.


29. When Parliament adopts a recommendation on matters referred to in point28, pursuant to Rule 90(4) of its Rules of Procedure, and when, for important reasons,the Commission decides that it cannot support such a recommendation, it shall explainthe reasons before Parliament, at a plenary sitting or at the next meeting of therelevant parliamentary committee.

(iii) Budgetary implementation 30. Before making, at donors’ conferences, financial pledges which involvenew financial undertakings and require the agreement of the budgetary authority, theCommission shall inform the budgetary authority and examine its remarks.


31. In connection with the annual discharge governed by Article 319 TFEU,the Commission shall forward all information necessary for supervising theimplementation of the budget for the year in question, which the chair of theparliamentary committee responsible for the discharge procedure pursuant to AnnexVII of Parliament's Rules of Procedure requests from it for that purpose.

If new aspects come to light concerning previous years for which discharge hasalready been given, the Commission shall forward all the necessary information onthe matter with a view to arriving at a solution acceptable to both sides.

(iv) Relationship with regulatory agencies 32. Nominees for the post of Executive Director of regulatory agencies shouldcome to parliamentary committee hearings.

In addition, in the context of the discussions of the inter-institutional Working Groupon Agencies set up in March 2009, the Commission and Parliament will aim at acommon approach on the role and position of decentralised agencies in the Union'sinstitutional landscape, accompanied by common guidelines for the creation, structureand operation of those agencies, together with funding, budgetary, supervision andmanagement issues.

IV. COOPERATION AS REGARDS LEGISLATIVE PROCEDURES ANDPLANNING(i) Commission Work Programme and the European Union's programming 33. The Commission shall initiate the Union’s annual and multi-annualprogramming, with a view to achieving inter-institutional agreements.


34. Every year the Commission shall present its Work Programme. 35. The two Institutions shall cooperate in accordance with the timetable setout in Annex 4.

The Commission shall take into account the priorities expressed by Parliament.

The Commission shall provide sufficient detail as to what is envisaged under eachpoint in its Work Programme.


36. The Commission shall explain when it cannot deliver individual proposalsin its Work Programme for the year in question or when it departs from it. The Vice-President of the Commission responsible for inter-institutional relations undertakes toreport to the Conference of Committee Chairs regularly, outlining the politicalimplementation of the Commission Work Programme for the year in question.

(ii) Procedures for the adoption of acts 37. The Commission undertakes to carefully examine amendments to itslegislative proposals adopted by Parliament, with a view to taking them into accountin any amended proposal.

When delivering its opinion on Parliament’s amendments under Article 294 TFEU,the Commission undertakes to take the utmost account of amendments adopted atsecond reading; should it decide, for important reasons and after consideration by theCollege, not to adopt or support such amendments, it shall explain its decision beforeParliament, and in any event in its opinion on Parliament’s amendments by virtue ofpoint (c) of Article 294(7) TFEU.


38. Parliament undertakes, when dealing with an initiative submitted by atleast a quarter of Member States, in conformity with Article 76 TFEU, not to adoptany report in the relevant committee before receiving the Commission's opinion onthe initiative.

The Commission undertakes to issue its opinion on such an initiative no later than 10weeks after it has been submitted.


39. The Commission shall provide a detailed explanation in due time beforewithdrawing any proposals on which Parliament has already expressed a position atfirst reading.

The Commission shall proceed with a review of all pending proposals at thebeginning of the new Commission's term of office, in order to politically confirm orwithdraw them, taking due account of the views expressed by Parliament.


40. For special legislative procedures on which Parliament is to be consulted,including other procedures such as that laid down in Article 148 TFEU, theCommission(i) shall take measures to better involve Parliament in such a way as to takeParliament's views into account as far as possible, in particular to ensure thatParliament has the necessary time to consider the Commission's proposal;(ii) shall ensure that Council bodies are reminded in good time not to reach apolitical agreement on its proposals before Parliament has adopted its opinion.

It shall ask for discussion to be concluded at ministerial level after areasonable period has been given to the members of the Council to examineParliament's opinion;(iii)shall ensure that the Council adheres to the rules developed by the Court ofJustice of the European Union requiring Parliament to be reconsulted if theCouncil substantially amends a Commission proposal. The Commission shallinform Parliament of any reminder to the Council of the need forreconsultation;(iv)undertakes, if appropriate, to withdraw a legislative proposal that Parliamenthas rejected. If, for important reasons and after consideration by the College,the Commission decides to maintain its proposal, it shall explain the reasonsfor that decision in a statement before Parliament.


41. For its part, in order to improve legislative planning, Parliamentundertakes:to plan the legislative sections of its agendas, bringing them into line with thecurrent Commission Work Programme and with the resolutions it has adoptedon that programme, in particular with a view to the improved planning of thepriority debates;to meet reasonable deadlines, in so far as is useful for the procedure, whenadopting its position at first reading under the ordinary legislative procedure orits opinion under the consultation procedure;as as far as possible to appoint rapporteurs on future proposals as soon as theCommission Work Programme is adopted;to consider requests for reconsultation as a matter of absolute priority providedthat all the necessary information has been forwarded to it.

(iii) Issues linked to better law-making 42. The Commission shall ensure that its impact assessments are conductedunder its responsibility by means of a transparent procedure which guarantees anindependent assessment. Impact assessments shall be published in due time, takinginto consideration a number of different scenarios, including a "do nothing" option,and shall in principle be presented to the relevant parliamentary committee during thephase of the provision of information to national Parliaments under TFEU ProtocolsNos 1 and 2.


43. In areas where Parliament is usually involved in the legislative process, theCommission shall use soft law, where appropriate and on a duly justified basis afterhaving given Parliament the opportunity to express its views. The Commission shallprovide a detailed explanation to Parliament on how its views have been taken intoaccount when it adopts its proposal.


44. In order to ensure better monitoring of the transposition and application ofUnion law, the Commission and Parliament shall endeavour to include compulsorycorrelation tables and a binding time-limit for transposition, which in directivesshould not normally exceed a period of two years.

In addition to specific reports and the annual report on the application of Union law,the Commission shall make available to Parliament summary information concerningall infringement procedures from the letter of formal notice, including, if so requestedby Parliament, on a case-by-case basis and respecting the confidentiality rules, inparticular those acknowledged by the Court of Justice of the European Union, on theissues to which the infringement procedure relates.

V. THE COMMISSION'S PARTICIPATION IN PARLIAMENTARYPROCEEDINGS 45. The Commission shall give priority to its presence, if requested, at theplenary sittings or meetings of other bodies of Parliament, as compared to othercompeting events or invitations.

In particular, the Commission shall ensure that, as a general rule, Members of theCommission are present at plenary sittings for agenda items falling under theirresponsibility, whenever Parliament so requests. This is applicable to the preliminarydraft agendas approved by the Conference of Presidents during the previous part-session.

Parliament shall seek to ensure that, as a general rule, agenda items of the part-sessions falling under the responsibility of a Member of the Commission are groupedtogether.


46. At the request of Parliament, provision will be made for a regular QuestionHour with the President of the Commission. This Question Hour will comprise twoparts: the first with leaders of political group or their representatives, conducted on anentirely spontaneous basis; the second devoted to a policy theme agreed upon inadvance, at the latest on the Thursday before the relevant part-session, but withoutprepared questions.

Furthermore, a Question Hour with Members of the Commission, including the Vice-President for External Relations/High Representative of the Union for Foreign Affairsand Security Policy shall be introduced, following the model of the Question Hourwith the President of the Commission, with the aim of reforming the existingQuestion Time. This Question Hour shall relate to the portfolio of the respectiveMembers of the Commission.


47. Members of the Commission shall be heard at their request.Without prejudice to Article 230 TFEU, the two Institutions shall agree on generalrules relating to the allocation of speaking time between the Institutions.

The two Institutions agree that their indicative allocation of speaking time should berespected.


48. With a view to ensuring the presence of Members of the Commission,Parliament undertakes to do its best to maintain its final draft agendas.

Where Parliament amends its final draft agenda, or where it moves items within theagenda within a part-session, Parliament shall immediately inform the Commission.

The Commission shall use its best endeavours to ensure the presence of the Memberof the Commission responsible.


49. The Commission may propose the inclusion of items on the agenda notlater than the meeting of the Conference of Presidents that decides on the final draftagenda of a part-session. Parliament shall take the fullest account of such proposals.


50. Parliamentary committees shall seek to maintain their draft agendas andagendas.

Whenever a parliamentary committee amends its draft agenda or its agenda, theCommission shall be immediately informed thereof. In particular, parliamentarycommittees shall endeavour to respect a reasonable deadline so as to allow for thepresence of Members of the Commission at their meetings.

Where the presence of a Member of the Commission is not explicitly required at aparliamentary committee meeting, the Commission shall ensure that it is representedby a competent official at an appropriate level.

Parliamentary committees will endeavour to coordinate their work, including avoidingparallel meetings on the same issue, and will endeavour not to deviate from the draftagenda, so that the Commission can ensure an appropriate level of representation.

If the presence of a high-level official (Director-General or Director) has beenrequested at a committee meeting dealing with a Commission proposal, therepresentative of the Commission shall be allowed to intervene.

VI. FINAL PROVISIONS 51. The Commission confirms its commitment to examine as soon as possiblethe legislative acts which were not adapted to the regulatory procedure with scrutinybefore the entry into force of the Lisbon Treaty, in order to assess whether thoseinstruments need to be adapted to the regime of delegated acts introduced by Article290 TFEU.

As a final goal, a coherent system of delegated and implementing acts, fully consistentwith the Treaty, should be achieved through a progressive assessment of the natureand contents of measures currently subject to the regulatory procedure with scrutiny,in order to adapt them in due course to the regime laid down by Article 290 TFEU.


52. The provisions of this Framework Agreement complement theInterinstitutional Agreement on better law-making58without affecting it and do notprejudice any further revision thereof. Without prejudice to forthcoming negotiationsbetween Parliament, the Commission and the Council, the two Institutions commit toagree on key changes in preparation of future negotiations on adaptation of theInterinstitutional Agreement on better law-making to the new provisions introducedby the Lisbon Treaty, taking into account current practices and this FrameworkAgreement.

They also agree on the need to reinforce the existing inter-institutional contactmechanism, at political and at technical level, in relation to better law-making, so asto ensure effective inter-institutional cooperation between Parliament, theCommission and the Council.


53. The Commission commits to initiate rapidly the Union's annual andmultiannual programming with a view to achieving inter-institutional agreements, inaccordance with Article 17 TEU.

The Commission Work Programme is the Commission's contribution to the Union'sannual and multiannual programming. Following its adoption by the Commission, atrilogue between Parliament, the Council and the Commission should take place witha view to reaching an agreement on the Union's programming.

In this context and as soon as Parliament, the Council and the Commission havereached a common understanding on the Union's programming, the two Institutionsshall review the provisions of this Framework Agreement related to programming.

Parliament and the Commission call on the Council to engage as soon as possible indiscussions on the Union's programming as provided for in Article 17 TEU.


54. The practical implementation of this Framework Agreement and itsAnnexes shall be assessed periodically by the two Institutions. A review shall becarried out by the end of 2011, in the light of practical experience.

58OJ C 321, 31.12.2003, p. 1.

Annex 1: Commission meetings with national expertsThis Annex lays down the modalities for implementation of point 15 of theFramework Agreement.

1.ScopeThe provisions of point 15 of the Framework Agreement concern the followingmeetings:(1) Commission meetings taking place within the framework of expert groupsestablished by the Commission to which national authorities from all MemberStates are invited, where they concern the preparation and implementation ofUnion legislation, including soft law and delegated acts;(2) ad hoc Commission meetings to which national experts from all MemberStates are invited, where they concern the preparation and implementation ofUnion legislation, including soft law and delegated acts.

Meetings of comitology committees are excluded, without prejudice to existing andfuture specific arrangements concerning the provision to Parliament of informationconcerning the exercise of the Commission's implementing powers59.

2.Information to be transmitted to ParliamentThe Commission commits to send Parliament the same documentation it sends tonational authorities in relation to the above-mentioned meetings. The Commissionwill transmit those documents, including agendas, to a functional Parliament mailboxat the same time as they are sent to the national experts.

3.Invitation of Parliament's expertsUpon being requested by Parliament, the Commission may decide to invite Parliamentto send Parliament experts to attend Commission meetings with national experts asidentified in point 1.

59The information to be provided to Parliament on the work of comitology committeesand Parliament's prerogatives in the operation of comitology procedures are clearlydefined in other instruments: (1) Council Decision 1999/468/EC of 28 June 1999laying down the procedures for the exercise of implementing powers (OJ L 184,17.7.1999, p. 23); (2) the inter-institutional agreement of 3 June 2008 betweenParliament and the Commission on comitology procedures; and (3) instrumentsnecessary for the implementation of Article 291 TFEU.

Annex 2: Forwarding of confidential information to Parliament 1. Scope1.1. This Annex shall govern the forwarding to Parliament and the handling ofconfidential information, as defined in point 1.2, from the Commission in connectionwith the exercise of Parliament's prerogatives and competences. The two Institutionsshall act in accordance with their mutual duties of sincere cooperation, in a spirit ofcomplete mutual trust and in the strictest conformity with the relevant Treatyprovisions.

1.2. 'Information' shall mean any written or oral information, whatever themedium and whoever the author may.

1.2.1. 'Confidential information' shall mean 'EU classified information' (EUCI)and non-classified 'other confidential information'.

1.2.2. 'EU classified information' (EUCI) shall mean any information andmaterial, classified as 'TRÈS SECRET UE/EU TOP SECRET, 'SECRET UE','CONFIDENTIEL UE' or 'RESTREINT UE' or bearing equivalent national orinternational classification markings, an unauthorised disclosure of which could causevarying degrees of prejudice to Union interests, or to one or more Member States,whether such information originates within the Union or is received from MemberStates, third States or international organisations.

a) TRÈS SECRET UE/EU TOP SECRET: this classification shall be appliedonly to information and material the unauthorised disclosure of which couldcause exceptionally grave prejudice to the essential interests of the Union or ofone or more of its Member States.

b) SECRET UE: this classification shall be applied only to information andmaterial the unauthorised disclosure of which could seriously harm theessential interests of the Union or of one or more of its Member States.

c) CONFIDENTIEL UE: this classification shall be applied to information andmaterial the unauthorised disclosure of which could harm the essentialinterests of the Union or of one or more of its Member States.

d) RESTREINT UE: this classification shall be applied to information andmaterial the unauthorised disclosure of which could be disadvantageous to theinterests of the Union or of one or more of its Member States.

1.2.3. 'Other confidential information' shall mean any other confidentialinformation, including information covered by the obligation of professional secrecy,requested by Parliament and/or forwarded by the Commission.

1.3. The Commission shall ensure that Parliament is given access toconfidential information, in accordance with the provisions of this Annex, whenever itreceives from one of the parliamentary bodies or office-holders mentioned in point 1.4a request relating to the forwarding of confidential information. Moreover, theCommission may forward any confidential information on its own initiative toParliament in accordance with the provisions of this Annex.

1.4 In the context of this Annex, the following may request confidentialinformation from the Commission:- the President of Parliament,- the chairs of the parliamentary committees concerned,- the Bureau and the Conference of Presidents, and- the head of Parliament’s delegation included in the Union delegation at aninternational conference.

1.5. Information on infringement procedures and procedures relating tocompetition, in so far as they are not covered by a final Commission decision or by ajudgment of the Court of Justice of the European Union on the date when the requestfrom one of the parliamentary bodies/office-holders mentioned in point 1.4 isreceived, and information relating to the protection of the Union's financial interests,shall be excluded from the scope of this Annex. This is without prejudice to point 44of the Framework Agreement and to the budgetary control rights of Parliament.

1.6. These provisions shall apply without prejudice to Decision 95/167/EC,Euratom, ECSC of the European Parliament, the Council and the Commission of 19April 1995 on the detailed provisions governing the exercise of the EuropeanParliament's right of inquiry60and the relevant provisions of Commission Decision1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-fraudOffice (OLAF)61.


2. General rules2.1. At the request of one of the parliamentary bodies/office-holders referred toin point 1.4, the Commission shall forward to that parliamentary body/office-holderwith all due despatch any confidential information required for the exercise ofParliament's prerogatives and competences. In accordance with their respectivepowers and responsibilities, the two Institutions shall respect:- fundamental human rights, including the right to a fair trial and the right toprotection of privacy;- provisions governing judicial and disciplinary procedures;- protection of business secrecy and commercial relations;- protection of the interests of the Union, in particular those relating to publicsafety, defence, international relations, monetary stability and financialinterests.

In the event of a disagreement, the matter shall be referred to the Presidents of the twoInstitutions so that they may resolve the dispute.

Confidential information from a State, an institution or an international organisationshall be forwarded only with its consent.

60OJ L 113, 19.5.1995, p. 1.

61OJ L 136, 31.5.1999, p. 20.

2.2. EUCI shall be forwarded to, and handled and protected by, Parliament incompliance with the common minimum standards of security applied by other UnionInstitutions, in particular the Commission.

When classifying information for which it is the originator, the Commission willensure that it applies appropriate levels of classification in line with the internationalstandards and definitions and its internal rules, whilst taking due account of the needfor Parliament to be able to access classified documents for the effective exercise ofits competences and prerogatives.

2.3. In the event of any doubt as to the confidential nature of an item ofinformation or its appropriate level of classification, or where it is necessary to laydown the appropriate arrangements for it to be forwarded in accordance with one ofthe options set out in point 3.2, the two Institutions shall consult each other withoutdelay and before transmission of the document. In these consultations, Parliamentshall be represented by the chair of the parliamentary body concerned, accompanied,where necessary, by the rapporteur, or the office-holder who submitted the request.

The Commission shall be represented by the Member of the Commission withresponsibility for that area, after consultation of the Member of the Commissionresponsible for security matters. In the event of a disagreement, the matter shall bereferred to the Presidents of the two Institutions so that they may resolve the dispute.

2.4. If, at the end of the procedure referred to in point 2.3, no agreement hasbeen reached, the President of Parliament, in response to a reasoned request from theparliamentary body/office-holder who submitted the request, shall call on theCommission to forward, within the appropriate deadline duly indicated, theconfidential information in question, selecting the arrangements from among theoptions laid down in point 3.2 of this Annex. Before the expiry of that deadline, theCommission shall inform Parliament in writing of its final position, in respect ofwhich Parliament reserves the right, if appropriate, to exercise its right to seek redress.

2.5. Access to EUCI shall be granted in accordance with applicable rules forpersonal security clearance.

2.5.1. Access to information classified as " TRÈS SECRET UE /EU TOPSECRET", "SECRET UE" and "CONFIDENTIEL UE" may only be granted toParliament officials and those employees of Parliament working for political groups towhom it is strictly necessary, who have been designated in advance by theparliamentary body/office-holder as having a need to know and who have been givenan appropriate security clearance.

2.5.2. In light of Parliament's prerogatives and competences, those Members whohave not been given a personal security clearance shall be granted access to"CONFIDENTIEL UE" documents under practical arrangements defined by commonaccord, including signature of a solemn declaration that they will not disclose thecontents of those documents to any third person.

Access to "SECRET UE" documents shall be granted to Members who have beengiven an appropriate personal security clearance.

2.5.3. Arrangements shall be made with the support of the Commission to ensurethat the necessary contribution of national authorities within the framework of theclearance procedure can be obtained by Parliament as quickly as possible.

Details of the category or categories of persons who are to have access to theconfidential information shall be communicated simultaneously with the request.

Prior to being granted access to such information each person shall be briefed on itsconfidentiality level and the resulting security obligations.

In the context of the review of this Annex and future security arrangements, asreferred to in points 4.1 and 4.2, the issue of security clearances will be re-examined.


3. Arrangements for access to and the handling of confidential information3.1. Confidential information forwarded in accordance with the procedures setout in point 2.3 and, where appropriate, point 2.4 shall be made available, on theresponsibility of the President or of a Member of the Commission, to theparliamentary body/office-holder who submitted the request, in accordance with thefollowing conditions:Parliament and the Commission will ensure the registration and the traceability ofconfidential information.

More specifically, EUCI classified as “CONFIDENTIEL UE” and “SECRET UE”shall be forwarded from the Commission's Secretariat General central registry to theequivalent competent Parliament service who will be responsible for making itavailable under the agreed arrangements to the parliamentary body/office-holder whosubmitted the request.

The forwarding of EUCI classified as “TRÈS SECRET UE/EU TOP SECRET" shallbe subject to further arrangements, agreed between the Commission and theparliamentary body/office-holder who submitted the request, aimed at ensuring a levelof protection commensurate with that classification.

3.2. Without prejudice to the provisions of points 2.2 and 2.4 and the futuresecurity arrangements referred to in point 4.1, access and the arrangements designedto preserve the confidentiality of the information shall be laid down by commonaccord before the information is forwarded. That accord between the Member of theCommission with responsibility for the policy area involved and the parliamentarybody (represented by its chair)/office-holder who submitted the request, shall providefor the selection of one of the options set out in points 3.2.1 and 3.2.2 in order toensure the appropriate level of confidentiality.

3.2.1. Regarding the addressees of confidential information, provision should be madefor one of the following options:- information intended for the President of Parliament alone, in instancesjustified on absolutely exceptional grounds;- the Bureau and/or the Conference of Presidents;- the chair and rapporteur of the relevant parliamentary committee;- all members (full and substitute) of the relevant parliamentary committee;- all Members of the European Parliament.

The confidential information in question may not be published or forwarded to anyother addressee without the consent of the Commission.

3.2.2. Regarding the arrangements for the handling of confidential information,provision should be made for the following options:examination of documents in a secure reading room if the information isclassified as “CONFIDENTIEL UE” and above;- holding the meeting in camera, attended only by the members of the Bureau,the members of the Conference of Presidents or full members and substitutemembers of the competent parliamentary committee as well as by Parliamentofficials and those Parliament employees working for political groups whohave been designated in advance by the chair as having a need to know andwhose presence is strictly necessary, provided they have been given therequired level of security clearance, taking into account the followingconditions:- any documents may be numbered, distributed at the beginning of themeeting and collected again at the end. No notes of those documentsand no photocopies thereof may be taken;- the minutes of the meeting shall make no mention of the discussion ofthe item taken under the confidential procedure.

Before transmission, all personal data may be expunged from the documents.

Confidential information provided orally to recipients in Parliament shall be subject tothe equivalent level of protection as that accorded to confidential informationprovided in written form. This may include a solemn declaration by recipients of thatinformation not to divulge its contents to any third person.

3.2.3. When written information is to be examined in a secure reading room,Parliament shall ensure that the following arrangements are in place:- a secure storage system for confidential information;- a secure reading room (without photocopying machines, telephones, faxfacilities, scanners or any other technical equipment for the reproduction andtransmission of documents, etc.);- security provisions governing access to the reading room, including therequirements of signature in an access register and a solemn declaration not todisseminate the confidential information examined.

3.2.4. The above does not preclude other equivalent arrangements agreedbetween the Institutions.

3.3. In the event of non-compliance with these arrangements, the provisionsrelating to sanctions of Members set out in Annex VIII to Parliament's Rules ofProcedure and, in respect of Parliament officials and other employees, the applicableprovisions of Article 86 of the Staff Regulations62or Article 49 of the Conditions ofEmployment of Other Servants of the European Communities shall apply.


4. Final provisions4.1. The Commission and Parliament shall take all the measures required forthe implementation of the provisions of this Annex.

To that end, the competent services of the Commission and of Parliament shall closelycoordinate the implementation of this Annex. This shall include the verification oftraceability of confidential information and periodic joint monitoring of securityarrangements and standards applied.

Parliament undertakes to adapt, where necessary, its internal provisions so as toimplement the security rules for confidential information laid down in this Annex.

Parliament undertakes to adopt as soon as possible its future security arrangementsand to verify those arrangements by common accord with the Commission, with aview to establishing equivalence of security standards. This will give effect to thisAnnex with regard to:- technical security provisions and standards regarding the handling and storageof confidential information, including security measures in the field ofphysical, personnel, document and IT security;- the establishment of a specially established oversight committee, composed ofappropriately cleared Members for the handling of EUCI classified as “TRÈSSECRET UE/EU TOP SECRET".

4.2. Parliament and the Commission will review this Annex and, wherenecessary, adapt it, no later than at the time of the review referred to in point 54 of theFramework Agreement, in light of developments concerning:- future security arrangements involving Parliament and the Commission;- other agreements or legal acts relevant for the forwarding of informationbetween the Institutions.

62Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968laying down the Staff Regulations of Officials and the Conditions of Employment ofOther Servants of the European Communities and instituting special measurestemporarily applicable to officials of the Commission.

Annex 3: Negotiation and conclusion of international agreementsThis Annex lays down detailed arrangements for the provision of information toParliament concerning the negotiation and conclusion of international agreements asreferred to in points 23, 24 and 25 of the Framework Agreement: 1. The Commission shall inform Parliament about its intention to propose thestart of negotiations at the same time as it informs the Council.


2. In line with the provisions of point 24 of the Framework Agreement, when theCommission proposes draft negotiating directives with a view to theiradoption by the Council, it shall at the same time present them to Parliament.


3. The Commission shall take due account of Parliament's comments throughoutthe negotiations.


4. In line with the provisions of point 23 of the Framework Agreement, theCommission shall keep Parliament regularly and promptly informed about theconduct of negotiations until the agreement is initialled, and explain whetherand how Parliament's comments were incorporated in the texts undernegotiation and if not why.


5. In the case of international agreements the conclusion of which requiresParliament's consent, the Commission shall provide to Parliament during thenegotiation process all relevant information that it also provides to the Council(or to the special committee appointed by the Council). This shall include draftamendments to adopted negotiating directives, draft negotiating texts, agreedarticles, the agreed date for initialling the agreement and the text of theagreement to be initialled. The Commission shall also transmit to Parliament,as it does to the Council (or to the special committee appointed by theCouncil), any relevant documents received from third parties, subject to theoriginator's consent. The Commission shall keep the responsible parliamentarycommittee informed about developments in the negotiations and, in particular,explain how Parliament's views have been taken into account.


6. In the case of international agreements the conclusion of which does notrequire Parliament's consent, the Commission shall ensure that Parliament isimmediately and fully informed, by providing information covering at least thedraft negotiating directives, the adopted negotiating directives, the subsequentconduct of negotiations and the conclusion of the negotiations.


7. In line with the provisions of point 24 of the Framework Agreement, theCommission shall give thorough information to Parliament in due time whenan international agreement is initialled, and shall inform Parliament as early aspossible when it intends to propose its provisional application to the Counciland of the reasons therefor, unless reasons of urgency preclude it from doingso.


8. The Commission shall inform the Council and Parliament simultaneously andin due time of its intention to propose to the Council the suspension of aninternational agreement and of the reasons therefor.


9. For international agreements which would fall under the consent procedureprovided for by the TFEU, the Commission shall also keep Parliament fullyinformed before approving modifications to an agreement which areauthorised by the Council, by way of derogation, in accordance with Article218(7) TFEU.

Annex 4: Timetable for the Commission Work ProgrammeThe Commission Work Programme shall be accompanied by a list of legislative andnon-legislative proposals for the following years. The Commission Work Programmecovers the next year in question, and provides a detailed indication of theCommission's priorities for the subsequent years. The Commission Work Programmecan thus be the basis for a structured dialogue with Parliament, with a view to seekinga common understanding.

The Commission Work Programme shall also include planned initiatives on soft law,withdrawals and simplification.


1. In the first semester of a given year, Members of the Commission shallundertake an ongoing regular dialogue with the corresponding parliamentarycommittees on the implementation of the Commission Work Programme for that yearand on the preparation of the future Commission Work Programme. On the basis ofthat dialogue each parliamentary committee shall report on the outcome thereof to theConference of Committee Chairs.


2. In parallel the Conference of Committee Chairs shall hold a regularexchange of views with the Vice-President of the Commission responsible for inter-institutional relations, in order to assess the state of implementation of the currentCommission Work Programme, discuss the preparation of the future CommissionWork Programme and take stock of the results of the ongoing bilateral dialoguebetween the parliamentary committees concerned and relevant Members of theCommission.


3. In June, the Conference of Committees Chairs shall submit a summaryreport to the Conference of Presidents, which should include results of the screeningof the implementation of the Commission Work Programme as well as Parliament'spriorities for the forthcoming Commission Work Programme, and Parliament shallinform the Commission thereof.


4. On the basis of that summary report, Parliament shall adopt a resolution atthe July part-session, outlining its position and including in particular requests basedon legislative initiative reports.


5. Each year in the first part-session of September, a State of the Uniondebate will be held in which the President of the Commission shall deliver an address,taking stock of the current year and looking ahead to priorities for the following years.

To that end, the President of the Commission will in parallel set out in writing toParliament the main elements guiding the preparation of the Commission WorkProgramme for the following year.


6. From the start of September, the competent parliamentary committees andthe relevant Members of the Commission may meet for a more detailed exchange ofviews on future priorities in each policy area. These meetings shall be rounded off bya meeting between the Conference of Committee Chairs and the College ofCommissioners and by a meeting between the Conference of Presidents and thePresident of the Commission, as appropriate.


7. In October, the Commission shall adopt its Work Programme for thefollowing year. Subsequently, the President of the Commission shall present thatWork Programme to Parliament at an appropriate level.


8. Parliament may hold a debate and adopt a resolution at the December part-session.


9. This timetable shall be applied to each regular programming cycle, exceptfor Parliament election years coinciding with the end of the Commission’s term ofoffice.


10. This timetable shall not prejudice any future agreement on inter-institutional programming.


ANNEX XV Regulation (EC) No 1049/2001 on public access to

documentsEuropean Parliament and Council Regulation (EC) No 1049/2001 of 30 May2001 regarding public access to European Parliament, Council and Commissiondocuments63THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEANUNION,Having regard to the Treaty establishing the European Community, and in particularArticle 255(2) thereof,Having regard to the proposal from the Commission64,Acting in accordance with the procedure referred to in Article 251 of the Treaty65,Whereas:(1) The second subparagraph of Article 1 of the Treaty on European Unionenshrines the concept of openness, stating that the Treaty marks a new stage in theprocess of creating an ever closer union among the peoples of Europe, in whichdecisions are taken as openly as possible and as closely as possible to the citizen.

(2) Openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy andis more effective and more accountable to the citizen in a democratic system.

Openness contributes to strengthening the principles of democracy and respect forfundamental rights as laid down in Article 6 of the EU Treaty and in the Charter ofFundamental Rights of the European Union.

(3) The conclusions of the European Council meetings held at Birmingham,Edinburgh and Copenhagen stressed the need to introduce greater transparency intothe work of the Union institutions. This Regulation consolidates the initiatives that theinstitutions have already taken with a view to improving the transparency of thedecision-making process.

(4) The purpose of this Regulation is to give the fullest possible effect to theright of public access to documents and to lay down the general principles and limitson such access in accordance with Article 255(2) of the EC Treaty.

(5) Since the question of access to documents is not covered by provisions ofthe Treaty establishing the European Coal and Steel Community and the Treatyestablishing the European Atomic Energy Community, the European Parliament, theCouncil and the Commission should, in accordance with Declaration No 41 attachedto the Final Act of the Treaty of Amsterdam, draw guidance from this Regulation asregards documents concerning the activities covered by those two Treaties.

63OJ L 145, 31.5.2001, p. 43.

64OJ C 177 E, 27.6.2000, p. 70.

65Opinion of the European Parliament of 3 May 2001 and Council Decision of 28May 2001.

(6) Wider access should be granted to documents in cases where theinstitutions are acting in their legislative capacity, including under delegated powers,while at the same time preserving the effectiveness of the institutions' decision-making process. Such documents should be made directly accessible to the greatestpossible extent.

(7) In accordance with Articles 28(1) and 41(1) of the EU Treaty, the right ofaccess also applies to documents relating to the common foreign and security policyand to police and judicial cooperation in criminal matters. Each institution shouldrespect its security rules.

(8) In order to ensure the full application of this Regulation to all activities ofthe Union, all agencies established by the institutions should apply the principles laiddown in this Regulation.

(9) On account of their highly sensitive content, certain documents should begiven special treatment. Arrangements for informing the European Parliament of thecontent of such documents should be made through interinstitutional agreement.

(10) In order to bring about greater openness in the work of the institutions,access to documents should be granted by the European Parliament, the Council andthe Commission not only to documents drawn up by the institutions, but also todocuments received by them. In this context, it is recalled that Declaration No 35attached to the Final Act of the Treaty of Amsterdam provides that a Member Statemay request the Commission or the Council not to communicate to third parties adocument originating from that State without its prior agreement.

(11) In principle, all documents of the institutions should be accessible to thepublic. However, certain public and private interests should be protected by way ofexceptions. The institutions should be entitled to protect their internal consultationsand deliberations where necessary to safeguard their ability to carry out their tasks. Inassessing the exceptions, the institutions should take account of the principles inCommunity legislation concerning the protection of personal data, in all areas ofUnion activities.

(12) All rules concerning access to documents of the institutions should be inconformity with this Regulation.

(13) In order to ensure that the right of access is fully respected, a two-stageadministrative procedure should apply, with the additional possibility of courtproceedings or complaints to the Ombudsman.

(14) Each institution should take the measures necessary to inform the public ofthe new provisions in force and to train its staff to assist citizens exercising their rightsunder this Regulation. In order to make it easier for citizens to exercise their rights,each institution should provide access to a register of documents.

(15) Even though it is neither the object nor the effect of this Regulation toamend national legislation on access to documents, it is nevertheless clear that, byvirtue of the principle of loyal cooperation which governs relations between theinstitutions and the Member States, Member States should take care not to hamper theproper application of this Regulation and should respect the security rules of theinstitutions.

(16) This Regulation is without prejudice to existing rights of access todocuments for Member States, judicial authorities or investigative bodies.

(17) In accordance with Article 255(3) of the EC Treaty, each institution laysdown specific provisions regarding access to its documents in its rules of procedure.

Council Decision 93/731/EC of 20 December 1993 on public access to Councildocuments66, Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994 onpublic access to Commission documents67, European Parliament Decision 97/632/EC,ECSC, Euratom of 10 July 1997 on public access to European Parliamentdocuments68, and the rules on confidentiality of Schengen documents shouldtherefore, if necessary, be modified or be repealed,HAVE ADOPTED THIS REGULATION:Article 1 PurposeThe purpose of this Regulation is:a) to define the principles, conditions and limits on grounds of public or privateinterest governing the right of access to European Parliament, Council andCommission (hereinafter referred to as "the institutions") documents providedfor in Article 255 of the EC Treaty in such a way as to ensure the widestpossible access to documents,b) to establish rules ensuring the easiest possible exercise of this right, andc) to promote good administrative practice on access to documents.

Article 2 Beneficiaries and scope 1. Any citizen of the Union, and any natural or legal person residing orhaving its registered office in a Member State, has a right of access to documents ofthe institutions, subject to the principles, conditions and limits defined in thisRegulation.


2. The institutions may, subject to the same principles, conditions and limits,grant access to documents to any natural or legal person not residing or not having itsregistered office in a Member State.


3. This Regulation shall apply to all documents held by an institution, that isto say, documents drawn up or received by it and in its possession, in all areas ofactivity of the European Union.


4. Without prejudice to Articles 4 and 9, documents shall be made accessibleto the public either following a written application or directly in electronic form orthrough a register. In particular, documents drawn up or received in the course of alegislative procedure shall be made directly accessible in accordance with Article 12.

66OJ L 340, 31.12.1993, p. 43. Decision as last amended by Decision 2000/527/EC(OJ L 212, 23.8.2000, p. 9).

67OJ L 46, 18.2.1994, p. 58. Decision as amended by Decision 96/567/EC, ECSC,Euratom (OJ L 247, 28.9.1996, p. 45).

68OJ L 263, 25.9.1997, p. 27.


5. Sensitive documents as defined in Article 9(1) shall be subject to specialtreatment in accordance with that Article.


6. This Regulation shall be without prejudice to rights of public access todocuments held by the institutions which might follow from instruments ofinternational law or acts of the institutions implementing them.

Article 3 DefinitionsFor the purpose of this Regulation:a) "document" shall mean any content whatever its medium (written on paper orstored in electronic form or as a sound, visual or audiovisual recording)concerning a matter relating to the policies, activities and decisions fallingwithin the institution's sphere of responsibility;b) "third party" shall mean any natural or legal person, or any entity outside theinstitution concerned, including the Member States, other Community or non-Community institutions and bodies and third countries.

Article 4 Exceptions 1. The institutions shall refuse access to a document where disclosure wouldundermine the protection of:a) the public interest as regards:- public security,- defence and military matters,- international relations,- the financial, monetary or economic policy of the Community or aMember State;b) privacy and the integrity of the individual, in particular in accordance withCommunity legislation regarding the protection of personal data.


2. The institutions shall refuse access to a document where disclosure wouldundermine the protection of:- commercial interests of a natural or legal person, including intellectualproperty,- court proceedings and legal advice,- the purpose of inspections, investigations and audits,unless there is an overriding public interest in disclosure.


3. Access to a document, drawn up by an institution for internal use orreceived by an institution, which relates to a matter where the decision has not beentaken by the institution, shall be refused if disclosure of the document would seriouslyundermine the institution's decision-making process, unless there is an overridingpublic interest in disclosure.

Access to a document containing opinions for internal use as part of deliberations andpreliminary consultations within the institution concerned shall be refused even afterthe decision has been taken if disclosure of the document would seriously underminethe institution's decision-making process, unless there is an overriding public interestin disclosure.


4. As regards third-party documents, the institution shall consult the thirdparty with a view to assessing whether an exception in paragraph 1 or 2 is applicable,unless it is clear that the document shall or shall not be disclosed.


5. A Member State may request the institution not to disclose a documentoriginating from that Member State without its prior agreement.


6. If only parts of the requested document are covered by any of theexceptions, the remaining parts of the document shall be released.


7. The exceptions as laid down in paragraphs 1 to 3 shall only apply for theperiod during which protection is justified on the basis of the content of the document.

The exceptions may apply for a maximum period of 30 years. In the case ofdocuments covered by the exceptions relating to privacy or commercial interests andin the case of sensitive documents, the exceptions may, if necessary, continue to applyafter this period.

Article 5 Documents in the Member StatesWhere a Member State receives a request for a document in its possession, originatingfrom an institution, unless it is clear that the document shall or shall not be disclosed,the Member State shall consult with the institution concerned in order to take adecision that does not jeopardise the attainment of the objectives of this Regulation.

The Member State may instead refer the request to the institution.

Article 6 Applications 1. Applications for access to a document shall be made in any written form,including electronic form, in one of the languages referred to in Article 314 of the ECTreaty and in a sufficiently precise manner to enable the institution to identify thedocument. The applicant is not obliged to state reasons for the application.


2. If an application is not sufficiently precise, the institution shall ask theapplicant to clarify the application and shall assist the applicant in doing so, forexample, by providing information on the use of the public registers of documents.


3. In the event of an application relating to a very long document or to a verylarge number of documents, the institution concerned may confer with the applicantinformally, with a view to finding a fair solution.


4. The institutions shall provide information and assistance to citizens onhow and where applications for access to documents can be made.

Article 7 Processing of initial applications 1. An application for access to a document shall be handled promptly. Anacknowledgement of receipt shall be sent to the applicant. Within 15 working daysfrom registration of the application, the institution shall either grant access to thedocument requested and provide access in accordance with Article 10 within thatperiod or, in a written reply, state the reasons for the total or partial refusal and informthe applicant of his or her right to make a confirmatory application in accordance withparagraph 2 of this Article.


2. In the event of a total or partial refusal, the applicant may, within 15working days of receiving the institution's reply, make a confirmatory applicationasking the institution to reconsider its position.


3. In exceptional cases, for example in the event of an application relating toa very long document or to a very large number of documents, the time-limit providedfor in paragraph 1 may be extended by 15 working days, provided that the applicant isnotified in advance and that detailed reasons are given.


4. Failure by the institution to reply within the prescribed time-limit shallentitle the applicant to make a confirmatory application.

Article 8 Processing of confirmatory applications 1. A confirmatory application shall be handled promptly. Within 15 workingdays from registration of such an application, the institution shall either grant accessto the document requested and provide access in accordance with Article 10 withinthat period or, in a written reply, state the reasons for the total or partial refusal. In theevent of a total or partial refusal, the institution shall inform the applicant of theremedies open to him or her, namely instituting court proceedings against theinstitution and/or making a complaint to the Ombudsman, under the conditions laiddown in Articles 230 and 195 of the EC Treaty, respectively.


2. In exceptional cases, for example in the event of an application relating toa very long document or to a very large number of documents, the time limit providedfor in paragraph 1 may be extended by 15 working days, provided that the applicant isnotified in advance and that detailed reasons are given.


3. Failure by the institution to reply within the prescribed time limit shall beconsidered as a negative reply and entitle the applicant to institute court proceedingsagainst the institution and/or make a complaint to the Ombudsman, under the relevantprovisions of the EC Treaty.

Article 9 Treatment of sensitive documents 1. Sensitive documents are documents originating from the institutions or theagencies established by them, from Member States, third countries or InternationalOrganisations, classified as "TRÈS SECRET/TOP SECRET", "SECRET" or"CONFIDENTIEL" in accordance with the rules of the institution concerned, whichprotect essential interests of the European Union or of one or more of its MemberStates in the areas covered by Article 4(1)(a), notably public security, defence andmilitary matters.


2. Applications for access to sensitive documents under the procedures laiddown in Articles 7 and 8 shall be handled only by those persons who have a right toacquaint themselves with those documents. These persons shall also, withoutprejudice to Article 11(2), assess which references to sensitive documents could bemade in the public register.


3. Sensitive documents shall be recorded in the register or released only withthe consent of the originator.


4. An institution which decides to refuse access to a sensitive document shallgive the reasons for its decision in a manner which does not harm the interestsprotected in Article 4.


5. Member States shall take appropriate measures to ensure that whenhandling applications for sensitive documents the principles in this Article and Article4 are respected.


6. The rules of the institutions concerning sensitive documents shall be madepublic.


7. The Commission and the Council shall inform the European Parliamentregarding sensitive documents in accordance with arrangements agreed between theinstitutions.

Article 10 Access following an application 1. The applicant shall have access to documents either by consulting them onthe spot or by receiving a copy, including, where available, an electronic copy,according to the applicant's preference. The cost of producing and sending copies maybe charged to the applicant. This charge shall not exceed the real cost of producingand sending the copies. Consultation on the spot, copies of less than 20 A4 pages anddirect access in electronic form or through the register shall be free of charge.


2. If a document has already been released by the institution concerned and iseasily accessible to the applicant, the institution may fulfil its obligation of grantingaccess to documents by informing the applicant how to obtain the requesteddocument.


3. Documents shall be supplied in an existing version and format (includingelectronically or in an alternative format such as Braille, large print or tape) with fullregard to the applicant's preference.

Article 11 Registers 1. To make citizens' rights under this Regulation effective, each institutionshall provide public access to a register of documents. Access to the register should beprovided in electronic form. References to documents shall be recorded in the registerwithout delay.


2. For each document the register shall contain a reference number(including, where applicable, the interinstitutional reference), the subject matterand/or a short description of the content of the document and the date on which it wasreceived or drawn up and recorded in the register. References shall be made in amanner which does not undermine protection of the interests in Article 4.


3. The institutions shall immediately take the measures necessary to establisha register which shall be operational by 3 June 2002.

Article 12 Direct access in electronic form or through a register 1. The institutions shall as far as possible make documents directly accessibleto the public in electronic form or through a register in accordance with the rules ofthe institution concerned.


2. In particular, legislative documents, that is to say, documents drawn up orreceived in the course of procedures for the adoption of acts which are legally bindingin or for the Member States, should, subject to Articles 4 and 9, be made directlyaccessible.


3. Where possible, other documents, notably documents relating to thedevelopment of policy or strategy, should be made directly accessible.


4. Where direct access is not given through the register, the register shall asfar as possible indicate where the document is located.

Article 13 Publication in the Official Journal 1. In addition to the acts referred to in Article 254(1) and (2) of the EC Treatyand the first paragraph of Article 163 of the Euratom Treaty, the following documentsshall, subject to Articles 4 and 9 of this Regulation, be published in the OfficialJournal:a) Commission proposals;b) common positions adopted by the Council in accordance with the proceduresreferred to in Articles 251 and 252 of the EC Treaty and the reasonsunderlying those common positions, as well as the European Parliament'spositions in these procedures;c) framework decisions and decisions referred to in Article 34(2) of the EUTreaty;d) conventions established by the Council in accordance with Article 34(2) of theEU Treaty;e) conventions signed between Member States on the basis of Article 293 of theEC Treaty;f) international agreements concluded by the Community or in accordance withArticle 24 of the EU Treaty.


2. As far as possible, the following documents shall be published in theOfficial Journal:a) initiatives presented to the Council by a Member State pursuant to Article67(1) of the EC Treaty or pursuant to Article 34(2) of the EU Treaty;b) common positions referred to in Article 34(2) of the EU Treaty;c) directives other than those referred to in Article 254(1) and (2) of the ECTreaty, decisions other than those referred to in Article 254(1) of the ECTreaty, recommendations and opinions.


3. Each institution may in its rules of procedure establish which furtherdocuments shall be published in the Official Journal.

Article 14 Information 1. Each institution shall take the requisite measures to inform the public ofthe rights they enjoy under this Regulation.


2. The Member States shall cooperate with the institutions in providinginformation to the citizens.

Article 15 Administrative practice in the institutions 1. The institutions shall develop good administrative practices in order tofacilitate the exercise of the right of access guaranteed by this Regulation.


2. The institutions shall establish an interinstitutional committee to examinebest practice, address possible conflicts and discuss future developments on publicaccess to documents.

Article 16 Reproduction of documentsThis Regulation shall be without prejudice to any existing rules on copyright whichmay limit a third party's right to reproduce or exploit released documents.

Article 17 Reports 1. Each institution shall publish annually a report for the preceding yearincluding the number of cases in which the institution refused to grant access todocuments, the reasons for such refusals and the number of sensitive documents notrecorded in the register.


2. At the latest by 31 January 2004, the Commission shall publish a report onthe implementation of the principles of this Regulation and shall makerecommendations, including, if appropriate, proposals for the revision of thisRegulation and an action programme of measures to be taken by the institutions.

Article 18 Application measures 1. Each institution shall adapt its rules of procedure to the provisions of thisRegulation. The adaptations shall take effect from 3 December 2001.


2. Within six months of the entry into force of this Regulation, theCommission shall examine the conformity of Council Regulation (EEC, Euratom) No354/83 of 1 February 1983 concerning the opening to the public of the historicalarchives of the European Economic Community and the European Atomic EnergyCommunity69with this Regulation in order to ensure the preservation and archiving ofdocuments to the fullest extent possible.


3. Within six months of the entry into force of this Regulation, theCommission shall examine the conformity of the existing rules on access todocuments with this Regulation.

69OJ L 43, 15.2.1983, p. 1.

Article 19 Entry into forceThis Regulation shall enter into force on the third day following that of its publicationin the Official Journal of the European Communities.

It shall be applicable from 3 December 2001.


ANNEX XVI Guidelines for the interpretation of the standards of

conduct of Members 1. A distinction should be drawn between visual actions, which may betolerated provided they are not offensive and/or defamatory, remain within reasonablebounds and do not lead to conflict, and those which actively disrupt any parliamentaryactivity whatsoever.


2. Members shall be held responsible for any failure by persons whom theyemploy or for whom they arrange access to Parliament to comply on Parliament'spremises with the standards of conduct applicable to Members.

The President or his representatives may exercise disciplinary powers over suchpersons and any other outside person present on Parliament's premises.


ANNEX XVII Guidelines for the approval of the Commission

1. The following principles, criteria and arrangements shall apply for makingthe entire College of the Commission subject to Parliament's vote of consent:(a) Basis for assessmentParliament shall evaluate Commissioners-designate on the basis of their generalcompetence, European commitment and personal independence. It shall assessknowledge of their prospective portfolio and their communication skills.

Parliament shall have particular regard to gender balance. It may express itself on theallocation of portfolio responsibilities by the President-elect.

Parliament may seek any information relevant to its reaching a decision on theaptitude of the Commissioners-designate. It shall expect full disclosure of informationrelating to their financial interests.

(b) HearingsEach Commissioner-designate shall be invited to appear before the appropriatecommittee or committees for a single hearing. The hearings shall be held in public.

The hearings shall be organised jointly by the Conference of Presidents and theConference of Committee Chairs. Appropriate arrangements shall be made toassociate relevant committees where portfolios are mixed. There are three options:(i) if the portfolio of the Commissioner-designate falls within the remit of a singlecommittee, the Commissioner-designate shall be heard by that committeealone;(ii) if the portfolio of the Commissioner-designate falls more or less equallywithin the remit of more than one committee, the Commissioner-designateshall be heard jointly by those committees; and(iii)if the portfolio of the Commissioner-designate falls mainly within the remit ofone committee and only to a small extent within the remit of at least one othercommittee, the Commissioner-designate shall be heard by the committeemainly responsible, which shall invite the other committee or committees toattend the hearing.

The President-elect of the Commission shall be fully consulted on the arrangements.

The committees shall submit written questions to the Commissioners-designate ingood time before the hearings. The number of substantive written questions shall belimited to five per committee responsible.

Hearings shall take place in circumstances, and under conditions, in whichCommissioners-designate enjoy an equal and fair opportunity to present themselvesand their opinions.

Commissioners-designate shall be invited to make an opening oral statement of nolonger than 20 minutes. The conduct of the hearings shall aim to develop a pluralisticpolitical dialogue between the Commissioners-designate and the Members. Before theend of the hearing, Commissioners-designate shall be given the opportunity to make abrief closing statement.

(c) EvaluationAn indexed video recording of the hearings shall be made available for the publicrecord within 24 hours.

The committees shall meet without delay after the hearing to evaluate the individualCommissioners-designate. Those meetings shall be held in camera. The committeesshall be invited to state whether, in their opinion, the Commissioners-designate arequalified both to be members of the College and to carry out the particular duties theyhave been assigned. If the committee is unable to reach a consensus on both of thosepoints, its Chair shall, as a last resort, put the two decisions to the vote by secretballot. The committees' statements of evaluation shall be made public and presented ata joint meeting of the Conference of Presidents and the Conference of CommitteeChairs, which shall be held in camera. Following an exchange of views, theConference of Presidents and the Conference of Committee Chairs shall declare thehearings closed unless they decide to seek further information.

The President-elect of the Commission shall present the whole College ofCommissioners-designate and their programme at a sitting of Parliament which thewhole Council shall be invited to attend. The presentation shall be followed by adebate. In order to wind up the debate, any political group or at least 40 Members maytable a motion for resolution. Rule 110(3), (4) and (5) shall apply. Following the voteon the motion for resolution, Parliament shall vote on whether or not to give itsconsent to the appointment, as a body, of the President-elect and Commissioners-designate. Parliament shall decide by a majority of the votes cast, by roll call. It maydefer the vote until the following sitting.


2. The following arrangements shall apply in the event of a change in thecomposition of the College of Commissioners or a substantial portfolio change duringits term of office:b) When a vacancy caused by resignation, compulsory retirement or death is tobe filled, Parliament, acting with dispatch, shall invite the Commissioner-designate to participate in a hearing under the same conditions as those laiddown in paragraph 1.

c) In the event of the accession of a new Member State, Parliament shall invitethe Commissioner-designate to participate in a hearing under the sameconditions as those laid down in paragraph 1.

d) In the event of a substantial portfolio change, the Commissioners affectedshall be invited to appear before the committees concerned before taking uptheir new responsibilities.

By way of derogation from the procedure laid down in paragraph 1(c), thirdsubparagraph, when the vote in plenary concerns the appointment of a singleCommissioner, the vote shall be by secret ballot.


ANNEX XVIII Procedure for granting authorisation to draw up

own-initiative reportsDECISION OF THE CONFERENCE OF PRESIDENTS OF 12 DECEMBER200270The Conference of Presidents,having regard to Rules 25, 27, 119, 120, 35, 42, 45, 47, 48, 50, 202(2) and 205(2) ofthe Rules of Procedure;having regard to the proposal from the Conference of Committee Chairs and theWorking Party on Parliamentary Reform;whereas, following the decision of the Conference of Presidents of 12 December2007, the decision of the Conference of 12 December 2002 should be amended:HAS DECIDEDArticle 1 General provisionsScope 1. This decision shall apply to the following categories of own-initiativereports:a) Legislative Own-Initiative Reports, drawn up on the basis of Article 192 ECTreaty and Rule 42 of the Rules of Procedure;b) Strategic Reports, drawn up on the basis of non-legislative strategic andpriority initiatives included in the Commission's annual legislative and workprogramme;c) Non-Legislative Own-Initiative Reports, not drawn up on the basis of adocument of another Institution or body of the European Union or drawn upon the basis of a document forwarded to Parliament for information, withoutprejudice to Article 2(3);d) Annual Activity and Monitoring Reports (as listed in Annex 1)71;70This decision was amended by a decision of the Conference of Presidents of 26 June2003 and was consolidated on 3 May 2004. It was further amended by a decisionadopted in plenary on 15 June 2006 concerning the interpretation of Rule 48 of theRules of Procedure and by a decision of the Conference of Presidents of 14 February2008.

71Parliamentary committees envisaging the drawing-up of annual activity andmonitoring reports pursuant to Rule 119(1) of the Rules of Procedure or pursuant toother legal provisions (as included in Annex 2) shall give advance notification thereofto the Conference of Committee Chairs, indicating in particular, the relevant legalbasis deriving from the Treaties and other legal provisions, including Parliament'sRules of Procedure. The Conference of Committee Chairs shall subsequently notifythem to the Conference of Presidents. Such reports shall be authorised automaticallyand shall not be subject to the quota referred to in Article 1(2).

e) Implementation Reports on the transposition of EU legislation into nationallaw and the implementation and enforcement thereof in Member States.

Quota 2. Each parliamentary committee may simultaneously draft up to six own-initiative reports. For committees with sub-committees, this quota shall be increasedby one report per sub-committee. This additional report shall be drawn up by the sub-committee.

The following shall not be subject to that ceiling:- legislative own-initiative reports;- implementation reports; each committee may draw up one such report a year.

Minimum period before adoption 3. The parliamentary committee seeking authorisation may not adopt thereport in question within the three months following the date of authorisation or, inthe case of notification, within the three months following the date of the meeting ofthe Conference of Committee Chairs at which the report was notified.

Article 2 Conditions for authorisation 1. The proposed report must not deal with topics principally involvinganalysis and research activities which may be covered in other ways, for example bystudies.


2. The proposed report must not deal with topics which have already been thesubject of a report adopted in plenary during the previous 12 months, save where newinformation justifies it on an exceptional basis.


3. With regard to reports to be drawn up on the basis of a documentforwarded to Parliament for information, the following conditions shall apply:- the basic document must be an official document from an institution or bodyof the European Union anda) have been forwarded officially to Parliament for consultation orinformation, orb) have been published in the Official Journal of the European Union forthe purpose of consultations with interested parties, orc) be a document from an institution or body of the European Unionwhich has been officially submitted to the European Council or adocument produced by the latter;- the document must be forwarded in all the official languages of the EuropeanUnion;- the request for authorisation must be submitted no later than four months afterthe date on which the document in question was forwarded to Parliament or onwhich it was published in the Official Journal.


4. Reports not referring to a basic document from a Community institutionmust not deal with topics to which specific reference has already been made in theannual legislative and work programme presented by the Commission and approvedby Parliament for the current year.

Article 3 ProcedureAutomatic authorisation 1. Authorisation shall be granted automatically after notification of therequest to the Conference of Committee Chairs for- implementation reports;- annual activity and monitoring reports, as listed in Annex 1Role of the Conference of Committee Chairs 2. Duly substantiated requests for authorisation shall be forwarded to theConference of Committee Chairs, which shall ascertain their compliance with thecriteria set out in Articles 1 and 2 and with the quota established in Article 1. All suchrequests shall contain an indication of the type and the exact title of the report and thebasic document(s), if any.


3. Requests for authorisation to draw up strategic reports shall be granted bythe Conference of Committee Chairs after resolution of any conflict of competence.

The Conference of Presidents may, at the specific request of a political group, revokesuch authorisation within no more than four parliamentary business weeks.


4. The Conference of Committee Chairs shall forward to the Conference ofPresidents, for authorisation, requests to draw up legislative own-initiative and non-legislative own-initiative reports that are assessed as being in compliance with thecriteria and quota allocated. The Conference of Committee Chairs shall at the sametime notify the Conference of Presidents of any annual activity and monitoringreports, as listed in Annexes 1 and 2, implementation reports and strategic reports thathave been authorised.

Authorisation by the Conference of Presidents and resolution of conflicts ofcompetence 5. The Conference of Presidents shall adopt a decision on requests forauthorisation to draw up legislative own-initiative and non-legislative own-initiativereports within no more than four parliamentary business weeks after they have beenforwarded by the Conference of Committee Chairs, unless it decides, on exceptionalgrounds, to extend that deadline.


6. If a committee's competence to draw up a report is challenged, theConference of Presidents shall take a decision within six parliamentary businessweeks on the basis of a recommendation from the Conference of Committee Chairsor, if no such recommendation is forthcoming, its chair. If the Conference ofPresidents fails to take a decision within that period, the recommendation shall bedeclared to have been approved72.

72This paragraph was inserted following the decision adopted in plenary on 15 June2006 concerning the interpretation of Rule 48 of the Rules of Procedure.

Article 4 Application of Rule 50 of the Rules of Procedure - procedure withassociated committees73 1. Requests for the application of Rule 50 of the Rules of Procedure shall besubmitted no later than the Monday preceding the meeting of the Conference ofCommittee Chairs at which requests to draw up own-initiative reports are to be dealtwith.


2. The Conference of Committee Chairs shall deal with requests forauthorisation to draw up own-initiative reports and those for the application of Rule50 at its monthly meeting.


3. If the committees concerned fail to reach agreement on the request forapplication of Rule 50, the Conference of Presidents shall take a decision within sixparliamentary business weeks on the basis of a recommendation from the Conferenceof Committee Chairs or, if no such recommendation is forthcoming, its chair. If theConference of Presidents fails to take a decision within that period, therecommendation shall be declared to have been approved74.

Article 5 Final provisions 1. Towards the end of the parliamentary term, requests for authorisation todraw up own-initiative reports must be submitted no later than in the July of the yearpreceding the elections. After that date, only duly substantiated exceptional requestsshall be authorised.


2. The Conference of Committee Chairs shall submit to the Conference ofPresidents a report on the progress of own-initiative reports every two and a halfyears.


3. This decision shall enter into force on 12 December 2002. It cancels andreplaces the following decisions:- decision of the Conference of Presidents of 9 December 1999 on the procedurefor granting authorisation to draw up own-initiative reports within the meaningof Rule 48 of the Rules of Procedure, and the decisions of the Conference ofPresidents of 15 February and 17 May 2001 updating the annex to thatdecision;- decision of the Conference of Presidents of 15 June 2000 on the procedure forauthorising the drawing-up of reports on documents forwarded to theEuropean Parliament for information by other institutions or bodies of theEuropean Union.

73This article was inserted by means of a decision of the Conference of Presidents of26 June 2003.

74This paragraph was inserted following the decision adopted in plenary on 15 June2006 concerning the interpretation of Rule 48 of the Rules of Procedure.

Annex 1 Annual activity and monitoring reports subject to automaticauthorisation and to the ceiling of six reports drafted simultaneously(pursuant to Article 1(2) and Article 3 of the Decision)Report on human rights in the world and the EU's policy on the matter - (Committeeon Foreign Affairs)The Council's Annual Report in accordance with Operative Provision 8 of theEuropean Union Code of Conduct on Arms Exports - (Committee on Foreign Affairs)Report on monitoring and application of Community law - (Committee on LegalAffairs)Better lawmaking - Application of the principles of subsidiarity and proportionality -(Committee on Legal Affairs)Report on the work of the ACP-EU Joint Parliamentary Assembly - (Committee onDevelopment)Report on the situation of fundamental rights in the European Union - (Committee onCivil Liberties, Justice and Home Affairs)Report on equality between men and women in the European Union - (Committee onWomen's Rights and Gender Equality)Integrated Approach to equality between men and women in the committee's work(annual report) - (Committee on Women's Rights and Gender Equality)Report on cohesion - (Committee on Regional Development)Protection of the Communities financial interests fight against fraud - (Committee onBudgetary Control)Annual Report on the EIB - (Committee on Budgetary Control/Committee onMonetary and Economic Affairs - every 2nd year)Public Finances in the EMU - (Committee on Monetary and Economic Affairs)European economic situation: preparatory report on the integrated policy guidelines,concerning in particular the broad economic policy guidelines - (Committee onMonetary and Economic Affairs)ECB annual report - (Committee on Monetary and Economic Affairs)Report on Competition Policy - (Committee on Monetary and Economic Affairs)Annual Report on the internal market scoreboard - (Committee on the InternalMarket)Annual Report on consumer protection - (Committee on the Internal Market)Annual Report on Solvit - (Committee on the Internal Market)Annex 2 Annual activity and monitoring reports subject to automaticauthorisation and with specific reference to the Rules of Procedure(not subject to the ceiling of six reports drafted simultaneously)Annual Report on public access to Parliament documents, Rule 104(7) - (Committeeon Civil Liberties, Justice and Home Affairs)Report on European Political Parties, Rule 210(6) - (Committee on ConstitutionalAffairs)Report on the deliberations of the Committee on Petitions, Rule 202(8) - (Committeeon Petitions)Report on the Ombudsman's annual report, Rule 205(2) - second part - (Committee onPetitions)

ANNEX XIX Communicating Europe in partnership

Objectives and principles 1. The European Parliament, Council and the European Commission attachthe utmost importance to improving communication on EU issues in order to enableEuropean citizens to exercise their right to participate in the democratic life of theUnion, in which decisions are taken as openly as possible and as closely as possible tothe citizens, observing the principles of pluralism, participation, openness andtransparency.


2. The three Institutions wish to encourage the convergence of views on thecommunication priorities of the European Union as a whole, to promote the addedvalue of an EU approach to communication on European issues, to facilitateexchanges of information and best practices and develop synergies between theInstitutions when carrying out communication relating to these priorities, as well as tofacilitate cooperation among the Institutions and Member States where appropriate.


3. The three Institutions recognise that communicating on the EuropeanUnion requires a political commitment of EU Institutions and Member States, and thatMember States have their responsibility to communicate with citizens about the EU.


4. The three Institutions believe that information and communicationactivities concerning European issues should give everyone access to fair and diverseinformation about the European Union and enable citizens to exercise their right toexpress their views and to participate actively in the public debate on European Unionissues.


5. The three Institutions promote the respect of multilingualism and culturaldiversity when implementing information and communication actions.


6. The three Institutions are politically committed to achieving the aboveobjectives. They encourage the other EU institutions and bodies to support theirefforts and to contribute, if they so wish, to this approach.

A partnership approach 7. The three Institutions recognise the importance of addressing thecommunication challenge on EU issues in partnership between Member States and theEU institutions to ensure effective communication with, and objective information to,the widest possible audience at the appropriate level.

They wish to develop synergies with national, regional and local authorities as well aswith representatives of civil society.

They would like for that purpose to foster a pragmatic partnership approach.


8. They recall in this respect the key role of the Interinstitutional Group onInformation (IGI) serving as a high-level framework for the Institutions to encouragepolitical debate on EU-related information and communication activities in order tofoster synergy and complementarity. To that purpose, the IGI, co-chaired byrepresentatives of the European Parliament, the Council and the EuropeanCommission, and with the participation of the Committee of the Regions and theEuropean Economic and Social Committee as observers, meets in principle twice ayear.

A framework for working togetherThe three Institutions intend to cooperate on the following basis: 9. Whilst respecting the individual responsibility of each EU institution andMember State for its own communication strategy and priorities, the three Institutionswill, in the framework of the IGI, identify yearly a limited number of commoncommunication priorities.


10. These priorities will be based on communication priorities identified bythe EU Institutions and bodies following their internal procedures andcomplementing, where appropriate, Member States' strategic views and efforts in thisfield, taking into account citizens' expectations.


11. The three Institutions and the Member States will endeavour to promoteappropriate support for communication on the priorities identified.


12. The services responsible for communication in Member States and EUinstitutions should liaise with each other to ensure successful implementation of thecommon communication priorities, as well as other activities linked to EUcommunication, if need be on the basis of appropriate administrative arrangements.


13. The Institutions and Member States are invited to exchange information onother EU related communication activities, in particular on sectoral communicationactivities envisaged by the Institutions and bodies, when they result in informationcampaigns in Member States.


14. The Commission is invited to report back at the beginning of each year tothe other EU Institutions on the main achievements of the implementation of thecommon communication priorities of the previous year.


15. This political declaration has been signed on the twenty-second day ofOctober in the year two thousand and eight.


ANNEX XX Joint Declaration of the European Parliament, the

Council and the Commission of 13 June 2007 on practicalarrangements for the codecision procedure (Article 251 of the ECTreaty)75GENERAL PRINCIPLES 1. The European Parliament, the Council and the Commission, hereinafterreferred to collectively as 'the institutions', note that current practice involving talksbetween the Council Presidency, the Commission and the chairs of the relevantcommittees and/or rapporteurs of the European Parliament and between the co-chairsof the Conciliation Committee has proved its worth.


2. The institutions confirm that this practice, which hasdeveloped at all stagesof the codecision procedure, must continue to be encouraged. The institutionsundertake to examine their working methods with a view to making even moreeffective use of the full scope of the codecision procedure as established by the ECTreaty.


3. This Joint Declaration clarifies these working methods, and the practicalarrangements for pursuing them. It complements the Interinstitutional Agreement onBetter Lawmaking76and notably its provisions relating to the co-decision procedure.

The institutions undertake fully to respect such commitments in line with theprinciples of transparency, accountability and efficiency. In this respect, theinstitutions should pay particular attention to making progress on simplificationproposals while respecting the acquis communautaire.


4. The institutions shall cooperate in good faith throughout the procedurewith a view to reconciling their positions as far as possible and thereby clearing theway, where appropriate, for the adoption of the act concerned at an early stage of theprocedure.


5. With that aim in view, they shall cooperate through appropriateinterinstitutional contacts to monitor the progress of the work and analyse the degreeof convergence at all stages of the codecision procedure.


6. The institutions, in accordance with their internal rules of procedure,undertake to exchange information regularly on the progress of codecision files. Theyshall ensure that their respective calendars of work are coordinated as far as possiblein order to enable proceedings to be conducted in a coherent and convergent fashion.

They will therefore seek to establish an indicative timetable for the various stagesleading to the final adoption of different legislative proposals, while fully respectingthe political nature of the decision-making process.


7. Cooperation between the institutions in the context of codecision oftentakes the form of tripartite meetings (“trilogues”). This trilogue system hasdemonstrated its vitality and flexibility in increasing significantly the possibilities foragreement at first and second reading stages, as well as contributing to thepreparation of the work of the Conciliation Committee.

75OJ C 145, 30.6.2007, p. 5.

76OJ C 321, 31.12.2003, p. 1.


8. Such trilogues are usually conducted in an informal framework. They maybe held at all stages of the procedure and at different levels of representation,depending on the nature of the expected discussion. Each institution, in accordancewith its own rules of procedure, will designate its participants for each meeting, defineits mandate for the negotiations and inform the other institutions of arrangements forthe meetings in good time.


9. As far as possible, any draft compromise texts submitted for discussion ata forthcoming meeting shall be circulated in advance to all participants. In order toenhance transparency, trilogues taking place within the European Parliament andCouncil shall be announced, where practicable.


10. The Council Presidency will endeavour to attend the meetings of theparliamentary committees. It will carefully consider any request it receives to provideinformation related to the Council position, as appropriate.

FIRST READING 11. The institutions shall cooperate in good faith with a view to reconcilingtheir positions as far as possible so that, wherever possible, acts can be adopted at firstreading.

Agreement at the stage of first reading in the European Parliament 12. Appropriate contacts shall be established to facilitate the conduct ofproceedings at first reading.


13. The Commission shall facilitate such contacts and shall exercise its right ofinitiative in a constructive manner with a view to reconciling the positions of theEuropean Parliament and the Council, with due regard for the balance between theinstitutions and the role conferred on it by the Treaty.


14. Where an agreement is reached through informal negotiations in trilogues,the chair of Coreper shall forward, in a letter to the chair of the relevant parliamentarycommittee, details of the substance of the agreement, in the form of amendments tothe Commission proposal. That letter shall indicate the Council's willingness to acceptthat outcome, subject to legal-linguistic verification, should it be confirmed by thevote in plenary. A copy of that letter shall be forwarded to the Commission.


15. In this context, where conclusion of a dossier at first reading is imminent,information on the intention to conclude an agreement should be made readilyavailable as early as possible.

Agreement at the stage of Council common position 16. Where no agreement is reached at the European Parliament's first reading,contacts may be continued with a view to concluding an agreement at the commonposition stage.


17. The Commission shall facilitate such contacts and shall exercise its right ofinitiative in a constructive manner with a view to reconciling the positions of theEuropean Parliament and the Council, with due regard for the balance between theinstitutions and the role conferred on it by the Treaty.


18. Where an agreement is reached at this stage, the chair of the relevantparliamentary committee shall indicate, in a letter to the chair of Coreper, hisrecommendation to the plenary to accept the Council common position withoutamendment, subject to confirmation of the common position by the Council and tolegal-linguistic verification. A copy of the letter shall be forwarded to theCommission.

SECOND READING 19. In its statement of reasons, the Council shall explain as clearly as possiblethe reasons that led it to adopt its common position. During its second reading, theEuropean Parliament shall take the greatest possible account of those reasons and ofthe Commission's position.


20. Before transmitting the common position, the Council shall endeavour toconsider in consultation with the European Parliament and the Commission the datefor its transmission in order to ensure the maximum efficiency of the legislativeprocedure at second reading.

Agreement at the stage of second reading in the European Parliament 21. Appropriate contacts will continue as soon as the Council commonposition is forwarded to the European Parliament, with a view to achieving a betterunderstanding of the respective positions and thus to bringing the legislativeprocedure to a conclusion as quickly as possible.


22. The Commission shall facilitate such contacts and give its opinion with aview to reconciling the positions of the European Parliament and the Council, withdue regard for the balance between the institutions and the role conferred on it by theTreaty.


23. Where an agreement is reached through informal negotiations in trilogues,the chair of Coreper shall forward, in a letter to the chair of the relevant parliamentarycommittee, details of the substance of the agreement, in the form of amendments tothe Council common position. That letter shall indicate the Council's willingness toaccept that outcome, subject to legal-linguistic verification, should it be confirmed bythe vote in plenary. A copy of that letter shall be forwarded to the Commission.

CONCILIATION 24. If it becomes clear that the Council will not be in a position to accept allthe amendments of the European Parliament at second reading and when the Councilis ready to present its position, a first trilogue will be organised. Each institution, inaccordance with its own rules of procedure, will designate its participants for eachmeeting and define its mandate for the negotiations. The Commission will indicate toboth delegations at the earliest possible stage its intentions with regard to its opinionon the European Parliament’s second reading amendments.


25. Trilogues shall take place throughout the conciliation procedure with theaim of resolving outstanding issues and preparing the ground for an agreement to bereached in the Conciliation Committee. The results of the trilogues shall be discussedand possibly approved at the meetings of the respective institutions.


26. The Conciliation Committee shall be convened by the President of theCouncil, with the agreement of the President of the European Parliament and with dueregard to the provisions of the Treaty.


27. The Commission shall take part in the conciliation proceedings and shalltake all the necessary initiatives with a view to reconciling the positions of theEuropean Parliament and the Council. Such initiatives may include, draftcompromise texts having regard to the positions of the European Parliament and ofthe Council and with due regard for the role conferred upon the Commission by theTreaty.


28. The Conciliation Committee shall be chaired jointly by the President of theEuropean Parliament and the President of the Council. Committee meetings shall bechaired alternately by each co-chair.


29. The dates and the agendas for the Conciliation Committee's meetings shallbe set jointly by the co-chairs with a view to the effective functioning of theConciliation Committee throughout the conciliation procedure. The Commission shallbe consulted on the dates envisaged. The European Parliament and the Council shallset aside, for guidance, appropriate dates for conciliation proceedings and shall notifythe Commission thereof.


30. The co-chairs may put several dossiers on the agenda of any one meetingof the Conciliation Committee. As well as the principal topic ("B-item"), whereagreement has not yet been reached, conciliation procedures on other topics may beopened and/or closed without discussion on these items ("A-item").


31. While respecting the Treaty provisions regarding time-limits, the EuropeanParliament and the Council shall, as far as possible, take account of schedulingrequirements, in particular those resulting from breaks in the institutions' activitiesand from the European Parliament's elections. At all events, the break in activitiesshall be as short as possible.


32. The Conciliation Committee shall meet alternately at the premises of theEuropean Parliament and the Council, with a view to an equal sharing of facilities,including interpretation facilities.


33. The Conciliation Committee shall have available to it the Commissionproposal, the Council common position and the Commission’s opinion thereon, theamendments proposed by the European Parliament and the Commission’s opinionthereon, and a joint working document by the European Parliament and Councildelegations. This working document should enable users to identify the issues at stakeeasily and to refer to them efficiently. The Commission shall, as a general rule, submitits opinion within three weeks of official receipt of the outcome of the EuropeanParliament's vote and at the latest by the commencement of conciliation proceedings.


34. The co-chairs may submit texts for the Conciliation Committee's approval. 35. Agreement on a joint text shall be established at a meeting of theConciliation Committee or, subsequently, by an exchange of letters between the co-chairs. Copies of such letters shall be forwarded to the Commission.


36. If the Conciliation Committee reaches agreement on a joint text, the textshall, after legal-linguistic finalisation, be submitted to the co-chairs for formalapproval. However, in exceptional cases in order to respect the deadlines, a draft jointtext may be submitted to the co-chairs for approval.


37. The co-chairs shall forward the approved joint text to the Presidents of theEuropean Parliament and of the Council by means of a jointly signed letter. Where theConciliation Committee is unable to agree on a joint text, the co-chairs shall notify thePresidents of the European Parliament and of the Council thereof in a jointly signedletter. Such letters shall serve as an official record. Copies of such letters shall beforwarded to the Commission for information. The working documents used duringthe conciliation procedure will be accessible in the Register of each institution oncethe procedure has been concluded.


38. The Secretariat of the European Parliament and the General- Secretariat ofthe Council shall act jointly as the Conciliation Committee's secretariat, in associationwith the Secretariat-General of the Commission.

GENERAL PROVISIONS 39. Should the European Parliament or the Council deem it essential to extendthe time-limits referred to in Article 251 of the Treaty, they shall notify the Presidentof the other institution and the Commission accordingly.


40. Where an agreement is reached at first or second reading, or duringconciliation, the agreed text shall be finalised by the legal-linguistic services of theEuropean Parliament and of the Council acting in close cooperation and by mutualagreement.


41. No changes shall be made to any agreed texts without the explicitagreement, at the appropriate level, of both the European Parliament and the Council.


42. Finalisation shall be carried out with due regard to the different proceduresof the European Parliament and the Council, in particular with respect to deadlines forconclusion of internal procedures. The institutions undertake not to use the time-limitslaid down for the legal-linguistic finalisation of acts to reopen discussions onsubstantive issues.


43. The European Parliament and the Council shall agree on a commonpresentation of the texts prepared jointly by those institutions.


44. As far as possible, the institutions undertake to use mutually acceptablestandard clauses to be incorporated in the acts adopted under codecision in particularas regards provisions concerning the exercise of implementing powers (in accordancewith the ‘comitology’ decision77), entry into force, transposition and the application ofacts and respect for the Commission’s right of initiative.

77Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for theexercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999,p. 23). Decision as amended by Decision 2006/512/EC (OJ L 200, 27.7.2006, p. 11).


45. The institutions will endeavour to hold a joint press conference toannounce the successful outcome of the legislative process at first or second readingor during conciliation. They will also endeavour to issue joint press releases.


46. Following adoption of a legislative act under the codecision procedure bythe European Parliament and the Council, the text shall be submitted, for signature, tothe President of the European Parliament and the President of the Council and to theSecretaries-General of those institutions.


47. The Presidents of the European Parliament and the Council shall receivethe text for signature in their respective languages and shall, as far as possible, signthe text together at a joint ceremony to be organised on a monthly basis with a view tosigning important acts in the presence of the media.


48. The jointly signed text shall be forwarded for publication in the OfficialJournal of the European Union. Publication shall normally follow within two monthsof the adoption of the legislative act by the European Parliament and the Council.


49. If one of the institutions identifies a clerical or obvious error in a text (or inone of the language versions thereof), it shall immediately notify the otherinstitutions. If the error concerns an act that has not yet been adopted by either theEuropean Parliament or the Council, the legal-linguistic services of the EuropeanParliament and the Council shall prepare the necessary corrigendum in closecooperation. Where this error concerns an act that has already been adopted by one orboth of those institutions, whether published or not, the European Parliament and theCouncil shall adopt, by common agreement, a corrigendum drawn up under theirrespective procedures.


ANNEX XXI Code of conduct for negotiating in the context of the

ordinary legislative procedures78 1. IntroductionThis code of conduct sets out general principles within Parliament, on how to conductnegotiations during all stages of the ordinary legislative procedure with the aim ofincreasing their transparency and accountability, especially at an early stage of theprocedure79 . It is complementary to the "Joint Declaration on practical arrangementsfor the codecision procedure" agreed between Parliament, the Council and theCommission80which focuses more on the relationship between these institutions.

Within Parliament, the lead parliamentary committee shall be the main responsiblebody during negotiations both at first and second reading.


2. Decision to enter into negotiationsAs a general rule, Parliament shall make use of all possibilities offered at all stages ofthe ordinary legislative procedure. The decision to seek to achieve an agreement earlyin the legislative process shall be a case-by-case decision, taking account of thedistinctive characteristics of each individual file. It shall be politically justified interms of, for example, political priorities; the uncontroversial or "technical" nature ofthe proposal; an urgent situation and/or the attitude of a given Presidency to a specificfile.

The possibility of entering into negotiations with the Council shall be presented by therapporteur to the full committee and the decision to pursue such a course of actionshall be taken either by broad consensus or, if necessary, by a vote.


3. Composition of negotiating teamThe decision by the committee to enter into negotiations with the Council and theCommission in view of an agreement shall also include a decision on the compositionof the EP negotiating team. As a general principle, political balance shall be respectedand all political groups shall be represented at least at staff level in these negotiations.

The relevant service of the EP General Secretariat shall be responsible for thepractical organisation of the negotiations.


4. Mandate of the negotiating teamAs a general rule, the amendments adopted in committee or in plenary shall form thebasis for the mandate of the EP negotiating team. The committee may also determinepriorities and a time limit for negotiations.

78As approved by the Conference of Presidents on 18 September 2008.

79Special attention needs to be given to negotiations taking place at those stages of theprocedure, where the visibility within Parliament is very limited. This is the case fornegotiations: before the committee vote at first reading with the aim of reaching afirst-reading agreement; after Parliament's first reading with the aim of reaching anearly second-reading agreement.

80See Annex XX.

In the exceptional case of negotiations on a first reading agreement before the vote incommittee, the committee shall provide guidance to the EP negotiating team.


5. Organisation of triloguesAs a matter of principle and in order to enhance transparency, trilogues taking placewithin the European Parliament and Council shall be announced.

Negotiations in trilogues shall be based on one joint document, indicating the positionof the respective institution with regard to each individual amendment, and alsoincluding any compromise texts distributed at trilogue meetings (e.g. establishedpractice of a four-column document). As far as possible, compromise texts submittedfor discussion at a forthcoming meeting shall be circulated in advance to allparticipants.

If necessary, interpretation facilities should be provided to the EP negotiating team81.


6. Feedback and decision on agreement reachedAfter each trilogue, the negotiating team shall report back to the committee on theoutcome of the negotiations and make all texts distributed available to the committee.

If this is not possible for timing reasons, the negotiating team shall meet the shadowrapporteurs, if necessary together with the coordinators, for a full update.

The committee shall consider any agreement reached or update the mandate of thenegotiating team in the case that further negotiations are required. If this is notpossible for timing reasons, notably at second reading stage, the decision on theagreement shall be taken by the rapporteur and the shadow rapporteurs, if necessarytogether with the committee chair and the coordinators. There shall be sufficient timebetween the end of the negotiations and the vote in plenary to allow political groups toprepare their final position.


7. AssistanceThe negotiating team shall be provided with all the resources necessary for it toconduct its work properly. This should include an 'administrative support team' madeup of the committee secretariat, political advisor of the rapporteur, the codecisionsecretariat and the legal service. Depending on the individual file and on the stage ofthe negotiations, this team could be enlarged.


8. FinalisationThe agreement between Parliament and Council shall be confirmed in writing by anofficial letter. No changes shall be made to any agreed texts without the explicitagreement, at the appropriate level, of both the European Parliament and the Council.


9. ConciliationThe principles laid down in this code of conduct shall also be applicable for theconciliation procedure, with the EP delegation as the main responsible body withinParliament.

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