Procedure : 2016/2114(REG)
Document stages in plenary
Document selected : A8-0344/2016

Texts tabled :

A8-0344/2016

Debates :

PV 13/12/2016 - 3

Votes :

PV 13/12/2016 - 5.3
CRE 13/12/2016 - 5.3

Texts adopted :

P8_TA(2016)0484

REPORT     
PDF 2700kWORD 539k
22 November 2016
PE 585.606v03-00 A8-0344/2016

on the general revision of Parliament's Rules of Procedure

(2016/2114(REG))

Committee on Constitutional Affairs

Rapporteur: Richard Corbett

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Budgets
 OPINION of the Committee on Budgetary Control
 OPINION of the Committee on the Environment, Public Health and Food Safety
 OPINION of the Committee on Legal Affairs
 RESULT OF FINAL VOTE IN COMMITTEE RESPONSIBLE

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on the general revision of Parliament's Rules of Procedure

(2016/2114(REG))

The European Parliament,

–  having regard to Rules 226 and 227 of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on the Environment, Public Health and Food Safery and the Committee on Legal Affairs (A8-0344/2016),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Underlines that those amendments to the Rules have taken due account of the provisions of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(1);

3.   Requests the Secretary General to take the necessary measures to immediately adapt Parliament’s IT systems to the amended Rules of Procedure and create appropriate electronic tools, inter-alia to follow-up written questions to the other institutions of the Union;

4.  Decides to delete Rule 106(4) from the Rules of Procedure as soon as the regulatory procedure with scrutiny has been removed from any existing legislation and requests that, in the meantime, the services concerned add to that Rulea footnote referring to that future deletion;

5.  Invites the Conference of Presidents to review the Code of Conduct for negotiating in the context of the ordinary legislative procedure in order to bring it in line with Rules 73 to 73d adopted as a result of this Decision;

6.  Draws attention to the need to re-organise the Annexes to the Rules of Procedure so that they contain only texts that have the same legal value and are subject to the same procedural majority as the Rules themselves and Annex VI which, although it requires a different procedure and a different majority for its adoption, consists of implementing measures of the Rules; requests that the other existing annexes and any additional texts which could be relevant for the work of the Members, be re-grouped into a compendium which will accompany the Rules;

7.  Points out that the amendments to these Rules shall enter into force on the first day of the part-session following that of their adoption, with the exception of Rule 212 (2) on the composition of interparliamentary delegations, which shall enter into force for existing delegations at the opening of the first session following the next elections to the European Parliament due to be held in 2019;

8.  Decides that Members shall adapt their declaration of financial interests to reflect the changes to Article 4 of Annex I to the Rules at the latest six months after the date of entry into force of those changes; requests its Bureau and its Secretary-General to take within three months from the date of that entry into force the appropriate measures to allow that adaptation by Members; decides that declarations submitted on the basis of the provisions of the Rules of Procedure in force on the date that this decision is adopted will remain valid until six months after the date of that entry into force; decides, furthermore, that the latter provisions will also apply to any Member who takes office during that period;

9.  Asks the Committee on Constitutional Affairs to review Rule 168a concerning the new definitions of thresholds, as well as to review one year after the entry into force of that Rule the application of such thresholds to specific Rules;

10.  Instructs its President to forward this decision to the Council and the Commission, for information.

Amendment    1

Parliament's Rules of Procedure

Rule 2

Present text

Amendment

Rule 2

Rule 2

The independent mandate

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.

In accordance with Article 6(1) of the Act of 20 September 1976 and with Article 2(1) and Article 3(1) of the Statute for Members of the European Parliament, Members shall exercise their mandate freely and independently, shall not be bound by any instructions and shall not receive a binding mandate.

Justification

Legally speaking, the source of the independent mandate is in Article 6(1) of the Act of 1976 and in Articles 2(1) and 3(1) of the Statute for Members. The proposed change – which reflects the exact wording of those provisions –aims at avoiding any confusion.

Amendment    2

Parliament's Rules of Procedure

Rule 3

Present text

Amendment

Rule 3

Rule 3

Verification of credentials

Verification of credentials

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

1  Following elections to the European Parliament, the President shall invite the competent authorities of the Member States to notify Parliament without delay of the names of the elected Members so that all Members may take their seats in Parliament 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 the relevant provisions of the Act of 20 September 1976 and invite them to take the necessary measures to avoid any incompatibility with the office of Member of the European Parliament.

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

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

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

Where it is established from facts verifiable from sources available to the public that a Member holds an office incompatible with that of Member of the European Parliament, within the meaning of Article 7(1) and (2) of the Act of 20 September 1976, Parliament, on the basis of the information provided by its President, shall establish that there is a vacancy.

Where it is established from facts verifiable from sources available to the public that a Member holds an office incompatible with that of Member of the European Parliament, within the meaning of Article 7(1) and (2) of the Act of 20 September 1976, Parliament, on the basis of the information provided by its President, shall establish that there is a vacancy.

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

3.  On the basis of a report by the committee responsible, Parliament shall verify credentials without delay and rule on the validity of the mandate of each of its newly elected Members and also on any disputes referred to it pursuant to the provisions of the Act of 20 September 1976, other than those which, under that Act, fall exclusively under the national provisions to which that Act refers.

 

The committee's report shall be based on the official notification by each Member State of the full results of the election, specifying the names of the candidates elected and those of any substitutes, together with their ranking in accordance with the results of the vote.

 

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

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

 

The validity of the mandate of a Member may not be confirmed unless the written declarations 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 any dispute as to the validity of the mandate of any of its Members.

4.  On the basis of a proposal by the committee responsible, Parliament shall, without delay, verify the credentials of individual Members who are replacing outgoing Members and may at any time rule on any dispute as to the validity of the mandate of any of its Members.

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

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

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

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

Should the competent authorities of the Member States initiate a procedure which might lead to the disqualification of a Member from holding office, the President shall ask them to keep him regularly informed of the stage reached in the procedure and shall refer the matter to the committee responsible. On a proposal from that committee, Parliament may adopt a position on the matter.

Should the competent authorities of the Member States initiate a procedure which might lead to the disqualification of a Member from holding office, the President shall ask them to keep him regularly informed of the stage reached in the procedure and shall refer the matter to the committee responsible. On a proposal from that committee, Parliament may adopt a position on the matter.

Justification

The changes in paragraph 3 illustrate the fact that the "committee responsible" is clearly identified in Annex VI. The words "except those based on national electoral laws" are deleted as they are not fully in line with Article 12 of the Act of 1976, i.e. "other than those arising out of the national provisions to which the Act refers". Moreover, subparagraphs 1 and 2 of paragraph 4 are moved to paragraph 3 for consistency reasons.

As a consequence, paragraph 4 will consist of only its current subparagraph 3. This provision refers to what happens in the course of the legislative term when Members are replaced. The word "proposal" instead of "report" allows having recourse to a simplified procedure (i.e. ad hoc verification by letter) in unproblematic cases, in line with the standing practice.

Amendment    3

Parliament's Rules of Procedure

Rule 4

Present text

Amendment

Rule 4

Rule 4

Term of office of Members

Term of office of Members

1.  A Member's term of office shall begin and end as laid down in the Act of 20 September 1976. It shall also end on death or resignation.

1.  A Member's term of office begins and ends as laid down in Articles 5 and 13 of the Act of 20 September 1976.

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

 

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

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

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

If the committee responsible considers that the resignation is in accordance with the Act of 20 September 1976, a vacancy shall be declared with effect from the date indicated by the resigning Member in the official record, and the President shall inform Parliament thereof.

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

If the committee responsible considers that the resignation is not in compliance with the Act of 20 September 1976, it shall propose to Parliament that it not declare a vacancy.

A simplified procedure has been introduced for certain exceptional circumstances, in particular where one or more part-sessions are held between the effective date of the resignation and the first meeting of the committee responsible and where, as the vacancy has not been established, the political group to which the resigning Member belongs is not able to obtain a replacement Member during those part-sessions. Under this procedure, the rapporteur of the committee responsible entrusted with these cases has the power to examine immediately any resignation duly notified and, where any delay in considering the notification would be prejudicial, to refer the matter to the committee chair, requesting, pursuant to paragraph 3:

 

  either that the President be informed on behalf of the committee that the vacancy may be established; or

 

  that an extraordinary meeting of the committee be convened to examine any specific difficulties noted by the rapporteur.

 

 

3a.  Where no meeting of the committee responsible is scheduled before the next part-session, the rapporteur of the committee responsible shall immediately examine any resignation that has been duly notified. Where delay in considering the notification would be prejudicial, the rapporteur shall refer the matter to the committee chair, requesting, pursuant to paragraph 3, that:

 

  the President be informed on behalf of the committee that a vacancy may be declared; or

 

  an extraordinary meeting of the committee be convened to examine specific difficulties noted by the rapporteur;

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

4.   Where either the competent authorities of the Member States or of the Union or the Member concerned notifies the President of an appointment or election to an office that is incompatible with the office of Member of the European Parliament within the meaning of Article 7(1) or (2) of the Act of 20 September 1976, the President shall inform Parliament thereof, and Parliament shall declare that a vacancy exists from the date of the incompatibility.

Where the competent authorities of the Member States or of the Union or the Member concerned notify the President of an appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning of Article 7(1) or (2) of the Act of 20 September 1976, the President shall inform Parliament, which shall establish that there is a vacancy.

Where the competent authorities of the Member States notify the President of the end of the term of office of a Member of the European Parliament as a result either of an additional incompatibility established by the law of that Member State in accordance with Article 7(3) of the Act of 20 September 1976 or of the withdrawal of the Member’s mandate pursuant to Article 13(3) of that Act, the President shall inform Parliament that the term of office of that Member ended on the date communicated by the Member State. Where no such date is communicated, the date of the end of the term of office shall be the date of the notification by that Member State.

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

5.  Where the authorities of the Member States or of the Union inform the President of an assignment they intend to confer on a Member, the President shall refer to the committee responsible the question of the compatibility of the proposed assignment with the Act of 20 September 1976 and shall inform Parliament, the Member and the authorities concerned of the conclusions reached by that committee.

6.  The following shall be considered as the date of the end of the term of office and the effective date of a vacancy:

 

  in the case of resignation: the date on which the vacancy is established by Parliament, in accordance with the notification of resignation;

 

  in the case of appointment or election to an office incompatible with the office of 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 competent authorities 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 the Member State concerned and invite it to fill the seat without delay.

7.  When Parliament has established a vacancy, the President shall inform the Member State concerned thereof, and invite it to fill the seat without delay.

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

 

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

9.  Where acceptance or termination of office appears to be based on material inaccuracy or vitiated consent, Parliament may declare the appointment under consideration to be invalid or may refuse to establish the vacancy.

Justification

As regards paragraph 1, Article 13(1) of the Act of 1976 adds the case of "withdrawal of the mandate" to "death or resignation". However, since all these cases are covered by the Act of 1976, the second sentence of this paragraph is superfluous and can be deleted.

Paragraph 2 is deleted, asits content is already covered by the Act of 1976.

In paragraph 3, since the case of a problematic resignation is the exception and not the rule, subparagraphs 2 and 3 are inverted and their wording is streamlined.

The existing interpretation is converted into a new paragraph after paragraph 3 and its wording streamlined.

Subparagraphs 1 and 2 of paragraph 4 are inverted in order to reflect the order of the incompatibilities referred to in Article 7 of the Act of 1976. Their wording is also adapted (among other things, the last sentence of current subparagraph 1 is deleted as it is a mere repetition of current paragraph 7).

The amendment of paragraph 5 makes sure that it complies with the principle that Parliament’s Rules of Procedure may not impose obligations on other authorities, including those of the Member States.

Since the suggested wording of paragraphs 3 and 4 clarifies the date of the end of the term of office in all possible cases covered by the Act of 1976 (including resignation, incompatibilities or withdrawal of mandate), paragraph 6 becomes superfluous and can be deleted.

Paragraph 7 is in line with the existing practice.

Paragraph 8 is deleted as it is reflected in Rule 3 with the exception of the deadline, which can be deleted, as depending on the complexity of a dispute, this deadline "no later than the beginning of the next part-session" may prove to be too tight.

Paragraph 9 would become paragraph 7. "Shall reserve the right to" is a somewhat odd wording in the context and the amendment suggests to replace it with "may".

Amendment    4

Parliament's Rules of Procedure

Rule 5

Present text

Amendment

Rule 5

Rule 5

Privileges and immunities

Privileges and immunities

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

1.  Members enjoy the privileges and immunities laid down in the Protocol on the Privileges and Immunities of the European Union.

2.  Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members.

2.  In exercising its powers on privileges and immunities, Parliament shall act to uphold its integrity as a democratic legislative assembly and to ensure the independence of its Members in the performance of their duties. Parliamentary immunity is not a Member's personal privilege but a guarantee of the independence of Parliament as a whole and of its Members.

3.  Passes allowing Members to circulate freely in the Member States shall be issued to them by the President of Parliament as soon as he has been notified of their election.

3.  A laissez-passer of the European Union allowing a Member to circulate freely in the Member States and in other countries which recognise it as a valid travel document shall be issued by the European Union to a Member on request and subject to authorisation by the President of the Parliament.

 

3a.  For the purpose of performing their duties, all Members shall have the right to participate actively in the work of Parliament’s committees and delegations in accordance with the provisions of these Rules of Procedure.

4.  Members shall be entitled to inspect any files held by Parliament or a committee, other than personal files and accounts which only the Members concerned shall be allowed to inspect. Exceptions to this rule for the handling of documents to which public access may be refused pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents are laid down in Annex VII to these Rules of Procedure.

4.  Members shall be entitled to inspect any files held by Parliament or a committee, other than personal files and accounts which only the Members concerned shall be allowed to inspect. Exceptions to this rule for the handling of documents to which public access may be refused pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents are laid down in Rule 210a.

 

With 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 hearing the Member concerned, the Bureau comes to the conclusion that such inspection would cause unacceptable damage to Parliament’s institutional interests or to the public interest, and that the Member concerned is seeking to inspect the document for private and personal reasons. The Member may lodge a written appealagainst such a decision within one month of notification thereof. In order to be admissible, written appeals must include reasons. Parliament shall reach a decision on the appeal without debate during the part-session that follows its being lodged.

Justification

Paragraph 1 reiterates Article 6(2) of the Act of 1976. The word "shall" is deleted for this is not dispositive but a mere statement of fact.

Paragraph 2 enshrines a basic principle in the field of parliamentary immunities and is completed by the addition ofthe first sentence of Rule 6(1).

As regards the changes to paragraph 4, Annex VII, Part A, was deleted and converted into a new Rule 210a (new).

Amendment    5

Parliament's Rules of Procedure

Rule 6

Present text

Amendment

Rule 6

Rule 6

Waiver of immunity

Waiver of immunity

1.  In the exercise of its powers in respect of privileges and immunities, Parliament acts to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties. Any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in this Rule.

1.  Any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in Rule 5(2).

2.  Where Members are required to appear as witnesses or expert witnesses, there is no need to request a waiver of immunity, provided:

2.  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 prevents them from performing their parliamentary duties, or makes it difficult for them to perform those duties, or that they will be able to provide a statement in writing or in any other form which does not make it difficult for them to perform their parliamentary duties; and

– that they will not be obliged to appear on a date or at a time which prevents them from performing their parliamentary duties, or makes it difficult for them to perform those duties, or that they will be able to provide a statement in writing or in any other form which does not make it difficult for them to perform their parliamentary duties; and

– that they are not obliged to testify concerning information obtained confidentially in the exercise of their mandate which they do not see fit to disclose.

– that they are not obliged to testify concerning information obtained confidentially in the exercise of their mandate which they do not see fit to disclose.

(Concerns AM 25)

Justification

The first part of paragraph 1 is moved to Rule 5(2).

Amendment    6

Parliament's Rules of Procedure

Rule 7

Present text

Amendment

Rule 7

Rule 7

Defence of privileges and immunity

Defence of privileges and immunity

1.  In cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made in accordance with Rule 9(1).

1.  In cases where it is alleged that an infringement of the privileges and immunities of a Member or former Member by the authorities of a Member State has occurred or is about to occur , a request for a Parliament decision as to whether those privileges and immunities have been or are likely to be breached may be made in accordance with Rule 9(1).

2.  In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties, or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.

2.  In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances would constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties, or that they would fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.

3.  A request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings, whether or not a decision was taken at that time.

3.  A request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member's immunity has already been received in respect of the same facts, whether or not a decision was taken at that time.

4.  No further consideration shall be given to a request for the defence of the privileges and immunities of a Member if a request for the waiver of that Member’s immunity is received in respect of the same legal proceedings.

4.  No further consideration shall be given to a request for the defence of the privileges and immunities of a Member if a request for the waiver of that Member's immunity is received in respect of the same facts.

5.  In cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request for reconsideration of the decision, submitting new evidence. The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.

5.  In cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may exceptionally make a request for reconsideration of the decision, by submitting new evidence in accordance with Rule 9(1). The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.

Justification

As regards paragraph 1, the wording is revised insofar as it sounds very categorical as to the existence of an actual breach. It seems to imply the need for a final judgment or an otherwise irrevocable decision by a public authority prejudicing a Member, thus making potential breaches irrelevant. This, however, would make requests for defence possible only at a stage when Parliament's decision could be useless.

Paragraph 3, insofar as reference to the same legal proceedings, and not to the same facts, although providing legal certainty, might be too formalistic. If both criminal and civil proceedings have been instituted in respect of the same facts, but the waiver is requested for the former and the defence for the latter, Parliament might paradoxically adopt two different decisions.

As it stands, paragraph 5 does not set any limits to requests for reconsideration, which could be, therefore, endlessly reiterated. In order to prevent such situations, the amendment suggests adding the word "exceptionally" in the first sentence– after all, the decision to defend (or not to defend) a Member's immunity is of a non-binding nature (see Judgment in Marra, EU:C:2008:579, paragraphs 38-39).

Amendment    7

Parliament's Rules of Procedure

Rule 9

Present text

Amendment

Rule 9

Rule 9

Procedures on immunity

Procedures on immunity

1.  Any request addressed to the President by a competent authority of a Member State that the immunity of a Member be waived, or by a Member or a former Member that privileges and immunities be defended, shall be announced in Parliament and referred to the committee responsible.

1.  Any request addressed to the President by a competent authority of a Member State that the immunity of a Member be waived, or by a Member or a former Member that privileges and immunities be defended, shall be announced in Parliament and referred to the committee responsible.

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

1a.  With the agreement of the Member or the former Member concerned, the request may be made by another Member, who shall be permitted to represent the Member or former Member concerned at all stages of the procedure.

 

The Member who represents the Member or the former Member concerned shall not be involved in the decisions taken by the committee.

2.  The committee shall consider without delay, but having regard to their relative complexity, requests for the waiver of immunity or requests for the defence of privileges and immunities.

2.  The committee shall consider without delay, but having regard to their relative complexity, requests for the waiver of immunity or requests for the defence of privileges and immunities.

3.  The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of privileges and immunities.

3.  The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of privileges and immunities. Amendments shall be inadmissible. If a proposal is rejected, the contrary decision shall be deemed to have been adopted.

4.  The committee may ask the authority concerned to provide any information or explanation which the committee deems necessary in order for it to form an opinion on whether immunity should be waived or defended.

4.  The committee may ask the authority concerned to provide any information or explanation which the committee deems necessary in order for it to form an opinion on whether immunity should be waived or defended.

5.  The Member concerned shall be given an opportunity to be heard, may present any documents or other written evidence deemed by that Member to be relevant and may be represented by another Member.

5.  The Member concerned shall be given an opportunity to be heard and may present any documents or other written evidence deemed by that Member to be relevant.

The Member shall not be present during debates on the request for waiver or defence of his or her immunity, except for the hearing itself.

The Member shall not be present during debates on the request for waiver or defence of his or her immunity, except for the hearing itself.

The chair of the committee shall invite the Member to be heard, indicating a date and time. The Member may renounce the right to be heard.

The chair of the committee shall invite the Member to be heard, indicating a date and time. The Member may renounce the right to be heard.

If the Member fails to attend the hearing pursuant to that invitation, he or she shall be deemed to have renounced the right to be heard, unless he or she has asked to be excused from being heard on the date and at the time proposed, giving reasons. The chair of the committee shall rule on whether such a request to be excused is to be accepted in view of the reasons given, and no appeals shall be permitted on this point.

If the Member fails to attend the hearing pursuant to that invitation, he or she shall be deemed to have renounced the right to be heard, unless he or she has asked to be excused from being heard on the date and at the time proposed, giving reasons. The chair of the committee shall rule on whether such a request to be excused is to be accepted in view of the reasons given, and no appeals shall be permitted on this point.

If the chair of the committee grants the request to be excused, he or she shall invite the Member to be heard at a new date and time. If the Member fails to comply with the second invitation to be heard, the procedure shall continue without the Member having been heard. No further requests to be excused, or to be heard, may then be accepted.

If the chair of the committee grants the request to be excused, he or she shall invite the Member to be heard at a new date and time. If the Member fails to comply with the second invitation to be heard, the procedure shall continue without the Member having been heard. No further requests to be excused, or to be heard, may then be accepted.

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

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

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

7.  The committee may offer a reasoned opinion as to the competence of the authority in question and the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt or otherwise of the Member nor on whether or not the opinions or acts attributed to him or her justify prosecution, even if, in considering 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 first sitting following the day on which it was tabled. No amendments may be tabled to the proposal(s) for a decision.

8.  The committee's proposal for a decision shall be placed on the agenda of the first sitting following the day on which it was tabled. No amendments may be tabled to such a proposal.

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

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

Without prejudice to Rule 164, the Member whose privileges or immunities are under consideration shall not speak in the debate.

Without prejudice to Rule 164, the Member whose privileges or immunities are under consideration shall not speak in the debate.

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

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

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

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

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

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

10.  The committee shall treat these matters and handle any documents received with the utmost confidentiality.

10.  The committee shall treat these matters and handle any documents received with the utmost confidentiality. The committee shall always consider requests relating to procedures on immunity in camera.

11.  The committee, after consulting the Member States, may draw up an indicative list of the authorities of the Member States which are competent to present a request for the waiver of a Member's immunity.

11.  Parliament shall only examine requests for the waiver of a Member's immunity that have been transmitted to it by the judicial authorities or by the Permanent Representations of the Member States.

12.  The committee shall lay down principles for the application of this Rule.

12.  The committee shall lay down principles for the application of this Rule.

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

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

Justification

The current interpretation following paragraph 1is converted into a new paragraph and the last part of paragraph 5 is aligned to it.

The amendment to paragraph 3 seeks to clarify that the same principles referred to in paragraph 8 of this Rule also apply at committee level.

For practical reasons, it is not always possible to place an immunity case at the head of the agenda. The amendment to paragraph 8 adapts the text to this reality. It also replaces the word ‘report’ by the more appropriate expression ‘proposal for a decision’, consistently with the wording of Rule 9(3) and (8), fourth subparagraph. At the same time, the existing mechanism consisting of a systematic plenary vote on every immunity case is preserved as the most objective and appropriate to ensure the fair treatment of all Members and have decisions on their immunity taken by Parliament as a whole.

The last sentence added to paragraph 10 comes from Rule 115 paragraph 4.

As regards the changes to paragraph 11, they try to address the fact that in some jurisdictions private persons can submit requests for the waiver of a Member's immunity without the filter of any public authority (so called private prosecution). The issue of the 'competent authority' is thus not settled. The change states that requests for waiver should be either addressed to Parliament by the competent prosecutor's office or court or transmitted by the permanent representation to the EU. Private parties' requests for a waiver of immunity will have to be streamlined by the Permanent Representations.

Amendment    8

Parliament's Rules of Procedure

Rule 10

Present text

Amendment

Rule 10

deleted

Implementation of the Statute for Members

 

Parliament shall adopt the Statute for Members of the European Parliament and any modification thereof on the basis of a proposal by the committee responsible. Rule 150(1) shall apply mutatis mutandis. The Bureau shall be responsible for the application of these rules and shall decide on the financial envelopes on the basis of the annual budget.

 

Justification

The text of the Rule does not relate only to the "implementation" of the Statute: the first sentence indeed relates to its adoption and modification, but it is not necessary since the insertion of Rule 45. The second sentence does not appear to be useful as in such cases amendments would normally be requested, and thethird sentence was incorporated in Rule 25.14b (new) slightly reworded.

Amendment    9

Parliament's Rules of Procedure

Rule 11

Present text

Amendment

Rule 11

Rule 11

Members' financial interests, standards of conduct, mandatory transparency register and access to Parliament

Members' financial interests and standards of conduct

1.  Parliament shall lay down rules governing the transparency of its Members’ financial interests in the form of a Code of Conduct which shall be adopted by a majority of its component Members, in accordance with Article 232 of the Treaty on the Functioning of the European Union, and attached to these Rules of Procedure as an annex1 .

1.  Parliament shall lay down rules governing the transparency of its Members' financial interests in the form of a Code of Conduct which shall be adopted by a majority of its component Members and attached to these Rules of Procedure as an annex1 .

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

Those rules shall not otherwise prejudice or restrict Members in the exercise of their office or of any related political or other activity.

2.  Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the basic texts on which the European Union is founded, respect the dignity of Parliament and not compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises. Members shall comply with Parliament's rules on the treatment of confidential information.

2.  Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the Treaties, and particularly in the Charter of Fundamental Rights, and respect the dignity of Parliament. Furthermore, it shall not compromise the smooth conduct of parliamentary business, the maintenance of security and order on Parliament's premises or the functioning of Parliament's equipment.

 

Members shall not resort to defamatory, racist or xenophobic language or behaviour in parliamentary debates, nor in that context shall they unfurl banners.

 

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

Failure to comply with those standards and rules may lead to application of measures in accordance with Rules 165, 166 and 167.

Failure to comply with those standards and rules may lead to application of measures in accordance with Rules 165, 166 and 167.

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

3.  The application of this Rule shall not otherwise detract from the liveliness of parliamentary debates nor undermine Members' freedom of speech.

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

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

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

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

 

3a.  Where a person employed by a Member, or another person for whom the Member has arranged access to Parliament's premises or equipment, fails to comply with the standards of conduct set out in paragraph 2, the penalties defined in Rule 166 may, where appropriate, be imposed upon the Member concerned.

4.  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants).

4.  The Quaestors shall determine the maximum number of assistants who may be registered by each Member.

5.  Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau.

 

Such badges may be issued to:

 

– persons whose names appear in the transparency register2 or who represent or work for organisations whose names appear therein, although registration shall not confer an automatic right to such a badge;

 

– persons who wish to enter Parliament’s premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register3 ;

 

– Members’ local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions.

 

6.  Persons who sign the transparency register must, in the context of their relations with Parliament, respect:

 

– the code of conduct annexed to the agreement4 ;

 

– the procedures and other obligations laid down by the agreement; and

 

– the provisions of this Rule and its implementing provisions.

 

7.  The Quaestors shall determine to what extent the code of conduct is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement.

 

8.  Badges shall be withdrawn by reasoned decision of the Quaestors in the following cases:

 

– the holder has been struck off the transparency register, unless there are significant arguments against withdrawal;

 

– the holder has been guilty of a serious breach of the obligations laid down in paragraph 6.

 

9.  The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the agreement on the establishment of that register.

 

The provisions implementing paragraphs 5 to 8 shall be laid down in an annex5 .

 

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

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

__________________

__________________

1 See Annex I.

1 See Annex I.

2 Register established by means of the agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed persons engaged in EU policy-making and policy implementation (see Annex IX, Part B).

 

3 See Annex IX, Part B.

 

4 See Annex 3 to the agreement set out in Annex IX, Part B.

 

5 See Annex IX, Part A.

 

Justification

As regards the amendment to the title, it reflects the fact that the Register is mandatory for the institutions, not for those registered therein. Registration facilitates the interaction with the EU institutions which represents an important incentive.

Paragraph 3a (new) comes from Annex XV §2 1st subparagraph (“Members shall be held responsible for any failure by persons whom they employ or for whom they arrange access to Parliament to comply on Parliament's premises with the standards of conduct applicable to Members”) and is reworded, with a view to clarifying its meaning.

As regards the amendment to paragraph 4, art. 34 § 9 of the Implementing measures concerning the Members’ Statute, adopted by the Bureau, states the following: “The number of contracts between a Member and accredited assistants in force at any given time may not exceed three, regardless of the duration of work provided for in those contracts. This limit may be increased to four if an exemption is expressly granted by the President of Parliament following verification by the relevant department that the Member concerned has sufficient office space to comply with the standards applicable to the use of Parliament’s buildings, taking into account also the number of trainees that may be present.”

The contents of Rule 11(5) to (9) will become part of new Rule 116a and their wording will be streamlined.

Amendment    10

Parliament's Rules of Procedure

Rule 12

Present text

Amendment

Rule 12

Rule 12

Internal investigations conducted by the European Anti-Fraud Office (OLAF)

Internal investigations conducted by the European Anti-Fraud Office (OLAF)

The common rules laid down in the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF) comprising the measures needed to facilitate the smooth running of investigations conducted by the Office shall be applicable within Parliament, pursuant to the Parliament Decision annexed to these Rules of Procedure6.

The common rules laid down in the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF) comprising the measures needed to facilitate the smooth running of investigations conducted by the Office shall be applicable within Parliament, pursuant to Parliament Decision of 18 November 1999 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities’ interests.

__________________

 

6 See Annex XI.

 

Amendment    11

Parliament's Rules of Procedure

Rule 13

Present text

Amendment

Rule 13

Rule 13

Observers

Observers

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

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

2.  Those observers shall take part in the proceedings of Parliament pending the entry into force of the Treaty of Accession, and shall have a right to speak in committees and political groups. They shall not have the right to vote or to stand for election to positions in Parliament. Their participation shall not have any legal effect on Parliament's proceedings.

2.  Those observers shall take part in the proceedings of Parliament pending the entry into force of the Treaty of Accession, and shall have a right to speak in committees and political groups. They shall not have the right to vote or to stand for election to positions in Parliament, nor shall they represent the Parliament externally. Their participation shall not have any legal effect on Parliament's proceedings.

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

3.  Their treatment shall be assimilated to that of a Member of Parliament as regards the use of Parliament's facilities and the reimbursement of travel and subsistence expenses incurred in their activities as observers.

Amendment    12

Parliament's Rules of Procedure

Rule 14

Present text

Amendment

Rule 14

Rule 14

Provisional Chair

Provisional Chair

1.  At the sitting provided for under Rule 146(2), and at any other sitting held for 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, in the absence of any of them, the Member having held office for the longest period shall take the chair until the President has been elected.

1.  At the sitting provided for under Rule 146(2), and at any other sitting held for 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, in the absence of any of them, the Member having held office for the longest period shall take the chair until the President has been elected.

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

2.  No business shall be transacted while a Member is provisionally in the chair by virtue of paragraph 1 unless it concerns the election of the President or the verification of credentials in accordance with the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials raised when he or she is in the chair shall be referred to the committee responsible.

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

 

Justification

The interpretation was incorporated in the paragraph 2 of this Rule.

Amendment    13

Parliament's Rules of Procedure

Rule 15

Present text

Amendment

Rule 15

Rule 15

Nominations and general provisions

Nominations and general provisions

1.  The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with Rule 182. Nominations shall be with consent. They may only be made by a political group or by at least 40 Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation.

1.  The President, shall be elected by secret ballot, followed by the Vice-Presidents and the Quaestors, in accordance with Rule 182.

 

Nominations shall be with consent of the nominee, and may only be made by a political group or by at least 40 Members. New nominations may be handed in before each ballot.

 

If the number of nominations does not exceed the number of seats to be filled, the candidates shall be elected by acclamation, unless at least one-fifth of Parliament's component Members request a secret ballot.

 

In the event of a single ballot for more than one office holder, the ballot paper shall only be valid if more than half of the available votes have been cast.

If a Vice-President is to be replaced and there is only one candidate, he or she may be elected by acclamation. The President is empowered to decide, at his discretion, whether the election is to take place by acclamation or by a secret ballot. The candidate elected takes the place of his or her predecessor in the order of precedence.

 

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

2.  When electing the President, Vice-Presidents and Quaestors, account should be taken of the need to ensure an overall fair representation of political views, as well as gender and geographical balance.

Justification

As regards, the amendments to paragraph 1 subparagraph 1, current practice is that some political groups submit the nomination once for all ballots, while others do it before each ballot. The change is also reflected in Rule 16.

The interpretation is deleted as its first two sentences are included in the third subparagraph of the first paragraph of the Rule. Its last sentence does not add anything to the second subparagraph of Rule 20(1) and is therefore deleted.

As regards, the amendment to paragraph 2, it aligns the wording to that used in the Staff Regulation.

Amendment    14

Parliament's Rules of Procedure

Rule 16

Present text

Amendment

Rule 16

Rule 16

Election of President - opening address

Election of President - opening address

1.  The President shall be elected first. Nominations shall be handed before each ballot to the Member provisionally in the chair by virtue of Rule 14, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the older candidate shall be declared elected.

1.  Nominations for President shall be handed to the Member provisionally in the chair by virtue of Rule 14, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall, by way of derogation from Rule 15(1), be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the older candidate shall be declared elected.

2. As soon as the President has been elected, the Member who is provisionally in the chair by virtue of Rule 14 shall vacate the chair. Only the elected President may deliver an opening address.

2. As soon as the President has been elected, the Member who is provisionally in the chair by virtue of Rule 14 shall vacate the chair. Only the elected President may deliver an opening address.

Justification

The deletion of "before each ballot" reflects the suggestion for change in Rule 15.1.

Amendment    15

Parliament's Rules of Procedure

Rule 17

Present text

Amendment

Rule 17

Rule 17

Election of Vice-Presidents

Election of Vice-Presidents

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

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

Although this Rule, unlike Rule 16(1), does not expressly provide for new nominations to be introduced between ballots during the election of Vice-Presidents, such action is permissible because Parliament, being a sovereign body, must be able to consider all possible candidates, especially since the absence of such an option might impede the smooth running of the election.

 

2.  Subject to the provisions of Rule 20(1), the Vice-Presidents shall take precedence in the order in which they were elected and, in the event of a tie, by age.

2.  Subject to the provisions of Rule 20(1), the Vice-Presidents shall take precedence in the order in which they were elected and, in the event of a tie, by age.

Where they are elected by acclamation, a secret ballot shall be held to determine the order of precedence.

Where they are elected by acclamation, a secret ballot shall be held to determine the order of precedence.

Justification

This deleted interpretation is reflected in the changes suggested for Rule 15.1.

Amendment    16

Parliament's Rules of Procedure

Rule 18

Present text

Amendment

Rule 18

Rule 18

Election of Quaestors

Election of Quaestors

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

Parliament shall elect five Quaestors by the same procedure as that used for the election of the Vice-Presidents.

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

 

Justification

Both sentences of Rule 18 are merged.

Amendment    17

Parliament's Rules of Procedure

Rule 19

Present text

Amendment

Rule 19

Rule 19

Term of office of Officers

Term of office of Officers

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

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

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

When Members change political groups they shall retain, for the remainder of their two-and-a-half year term of office, any seat they hold in the Bureau or as Quaestors.

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

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

Amendment    18

Parliament's Rules of Procedure

Rule 20

Present text

Amendment

Rule 20

Rule 20

Vacancies

Vacancies

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

1.  Should it be necessary for the President, a Vice-President or a Quaestor to be 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 the order of precedence.

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

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

2.  If the President's seat becomes vacant, a Vice-President, determined in accordance with the order of precedence, shall act as President until a new President is elected.

Amendment    19

Parliament's Rules of Procedure

Rule 22

Present text

Amendment

Rule 22

Rule 22

Duties of the President

Duties of the President

1.  The President shall direct all the activities of Parliament and its bodies under the conditions laid down in these Rules and shall enjoy all the powers necessary to preside over the proceedings of Parliament and to ensure that they are properly conducted.

1.  The President shall direct all the activities of Parliament and its bodies in accordance with these Rules and shall enjoy all the powers necessary to preside over the proceedings of Parliament and to ensure that they are properly conducted.

This provision can be interpreted as meaning that the powers conferred by it include the 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-call votes where the President is convinced that these are manifestly intended to cause and will result in, a prolonged and serious obstruction of the procedures of the House or the rights of other Members.

 

The powers conferred by this provision include the power to put texts to the vote in an order other than that set out in the document to be voted on. By analogy with Rule 174(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; to rule on the admissibility of amendments, on questions to the Council and Commission, and on the conformity of reports with these Rules; to ensure observance of these Rules, maintain order, call upon speakers, close debates, put matters to the vote and announce the results of votes; and to refer to committees any communications that concern them.

2.  The duties of the President shall be to open, suspend and close sittings; to rule on the admissibility of amendments and other texts put to the vote, as well as on the admissibility of parliamentary questions; to ensure observance of these Rules, to maintain order, to call upon speakers, to close debates, to put matters to the vote and announce the results of votes; and to refer to committees any communications that concern them.

3. The President may speak in a debate only to sum up or to call speakers to order. Should he wish to take part in a debate, he shall vacate the chair and shall not reoccupy it until the debate is over.

3. The President may speak in a debate only to sum up or to call speakers to order. Should he wish to take part in a debate, he shall vacate the chair and shall not reoccupy it until the debate is over.

4. Parliament shall be represented in international relations, on ceremonial occasions and in administrative, legal and financial matters by the President, who may delegate these powers.

4. Parliament shall be represented in international relations, on ceremonial occasions and in administrative, legal and financial matters by the President, who may delegate these powers.

 

4a.  The President is responsible for the security and the inviolability of the premises of the European Parliament.

Justification

The contents of the first interpretation after paragraph 1 shall be transformed into a provision of the title on plenary sessions (Rule 164a), whilethe contents of the second interpretation shall be transformed into a provision of the title on plenary sessions (Rule 174).

The suggested change to paragraph 2 reflects the current practice according to which the President rules as inadmissible not only amendments, but also paragraphs of reports which are in violation of primary Union law or risk damaging Parliament's interest or reputation.

The new paragraph 4a reflects the current practice according to which the President is the highest authority as regards the waiver of the inviolability of Parliament’s premises and archives (Articles 1 and 2 PPI) and its security.

Amendment    20

Parliament's Rules of Procedure

Rule 23

Present text

Amendment

Rule 23

Rule 23

Duties of the Vice-Presidents

Duties of the Vice-Presidents

1.   If the President is absent or unable to discharge his duties, or if he wishes to take part in a debate pursuant to Rule 22(3), he shall be replaced by one of the Vice-Presidents in accordance with Rule 17(2).

1.   If the President is absent or unable to discharge his duties, or if he wishes to take part in a debate pursuant to Rule 22(3), he shall be replaced by one of the Vice-Presidents in accordance with Rule 17(2).

2.   The Vice-Presidents shall also carry out the duties conferred upon them under Rules 25, 27(3) and (5) and 71(3).

2.   The Vice-Presidents shall also carry out the duties conferred upon them under Rules 25, 27(3) and (5) and 71(3).

3.  The President may delegate to the Vice-Presidents any duties such as representing Parliament at specific ceremonies or acts. In particular, the President may designate a Vice-President to take charge of the responsibilities conferred on the President in Rule 130(2) and paragraph 3 of Annex II.

3.  The President may delegate to the Vice-Presidents any duties such as representing Parliament at specific ceremonies or acts. In particular, the President may designate a Vice-President to take charge of the responsibilities conferred on the President in Rules 129 and 130(2).

Justification

Annex II will be deleted. See proposed amendment to Rule 129.

Amendment    21

Parliament's Rules of Procedure

Rule 25

Present text

Amendment

Rule 25

Rule 25

Duties of the Bureau

Duties of the Bureau

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

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

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

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

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

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

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

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

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

 

5.  The Bureau shall adopt the provisions referred to in Rule 35 concerning non-attached Members.

5.  The Bureau shall adopt the provisions referred to in Rule 35 concerning non-attached Members.

6.  The Bureau shall decide the establishment plan of the Secretariat and lay down regulations concerning the administrative and financial situation of officials and other servants.

6.  The Bureau shall decide the establishment plan of the Secretariat and lay down regulations concerning the administrative and financial situation of officials and other servants.

7.  The Bureau shall draw up Parliament's preliminary draft budget estimates.

7.  The Bureau shall draw up Parliament's preliminary draft budget estimates.

8.  The Bureau shall adopt the guidelines for the Quaestors in accordance with Rule 28.

8.  The Bureau shall adopt the guidelines for the Quaestors and may request that they carry out certain tasks.

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

9.  The Bureau shall be the authority responsible for authorising meetings or missions of committees away from the usual places of work, hearings as well as study and fact-finding journeys by rapporteurs.

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

Where such meetings or missions are authorised, the language arrangements shall be determined on the basis of the Code of Conduct on multilingualism adopted by the Bureau. The same rule shall also apply to delegations.

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

 

10.  The Bureau shall appoint the Secretary-General in accordance with Rule 222.

10.  The Bureau shall appoint the Secretary-General in accordance with Rule 222.

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 regulations governing political parties at European level and the rules regarding their funding. In implementing that Regulation, it shall assume the tasks conferred upon it by these Rules of Procedure.

11.  The Bureau shall lay down the implementing rules relating to the regulations governing political parties and foundations at European level and the rules regarding their funding.

12.  The Bureau shall lay down rules concerning the treatment of confidential information by Parliament and its bodies, office-holders and other Members, taking into account any interinstitutional agreement concluded on such matters. Those rules shall be published in the Official Journal of the European Union and annexed to these Rules of Procedure7.

12.  The Bureau shall lay down rules concerning the treatment of confidential information by Parliament and its bodies, office-holders and other Members, taking into account any interinstitutional agreement concluded on such matters. Those rules shall be published in the Official Journal of the European Union.

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

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

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

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

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

 

 

14a.  The Bureau shall nominate a Vice-President who shall be entrusted with the implementation of structured consultation with European civil society on major topics.

 

14b.  The Bureau shall be responsible for the application of the Statute for Members and shall decide on the amounts of the allowances on the basis of the annual budget.

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

 

__________________

 

7 See Annex VII, Part E.

 

Justification

The changes to paragraph 9 subparagraph 2, reflect the provisions of the Code of Conduct on multi-lingualism adopted by the Bureau on the basis of the competences conferred upon it by the current Rule.

As regards the changes to paragraph 11, the last sentence is deleted as it repeats paragraph 1. The amendments means to align the text of the Rule with the new Regulation.

Paragraph 14 subparagraph 2 is deleted here and moved under Rule 27(3).

The content for paragraph 14a (new)comes from the last sentence of Rule 27(5) and the wording is aligned with Rule 25(14).

This sentence in paragraph 14b(new) is taken from current Rule 10 and is slightly reworded to replace ("financial envelopes" is replaced by "allowances").

Paragraph 15 is deleted, as a new Rule 30a will cover all bodies and office holders.

Amendment    22

Parliament's Rules of Procedure

Rule 26

Present text

Amendment

Rule 26

Rule 26

Composition of the Conference of Presidents

Composition of the Conference of Presidents

1.  The Conference of Presidents shall consist of the President of Parliament and the Chairs of the political groups. The Chair of a political group may arrange to be represented by a member of that group.

1.  The Conference of Presidents shall consist of the President of Parliament and the Chairs of the political groups. The Chair of a political group may arrange to be represented by a member of that group.

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

2.  The President of Parliament shall, after giving the opportunity to non-attached Members to express their views, invite one of them to attend meetings of the Conference of Presidents, without the right to vote.

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

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

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

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

Amendment    23

Parliament's Rules of Procedure

Rule 27

Present text

Amendment

Rule 27

Rule 27

Duties of the Conference of Presidents

Duties of the Conference of Presidents

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

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

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

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

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

3.  The Conference of Presidents shall be the authority responsible for matters concerning relations with the other institutions and bodies of the European Union and with the national parliaments of Member States. The Vice-Presidents who have been entrusted with the implementation of relations with national parliaments shall regularly report back to the Conference of Presidents on their activities in that regard.

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

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

5.  The Conference of Presidents shall be responsible for organising structured consultation with European civil society on major topics. This may include holding public debates, open to participation by interested citizens, on subjects of general European interest. The Bureau shall appoint a Vice-President responsible for the implementation of such consultations, who shall report back to the Conference of Presidents.

5.  The Conference of Presidents shall be responsible for organising structured consultation with European civil society on major topics. This may include holding public debates, open to participation by interested citizens, on subjects of general European interest. The Vice-President responsible for the implementation of such consultation shall regularly report back to the Conference of Presidents on his or her activities in that regard.

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

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

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

7.  The Conference of Presidents shall make proposals to Parliament concerning the composition and competence of committees, committees of inquiry, joint parliamentary committees and standing delegations. The Conference of Presidents shall be responsible for authorising ad hoc delegations.

8. The Conference of Presidents shall decide how seats in the Chamber are to be allocated pursuant to Rule 36.

8. The Conference of Presidents shall decide how seats in the Chamber are to be allocated pursuant to Rule 36.

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

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

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

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

Justification

The text added to paragraph 3 is moved from 25 (14).

As regards the changes to paragraph 5, they are linked to the addition of paragraph 14a in Rule 25.

Amendment    24

Parliament's Rules of Procedure

Rule 28

Present text

Amendment

Rule 28

Rule 28

Duties of the Quaestors

Duties of the Quaestors

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

The Quaestors shall be responsible for administrative and financial matters directly concerning Members, in accordance with guidelines laid down by the Bureau, as well as for other tasks entrusted to them.

Amendment    25

Parliament's Rules of Procedure

Rule 29

Present text

Amendment

Rule 29

Rule 29

Conference of Committee Chairs

Conference of Committee Chairs

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

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

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

1a.  In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member present.

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

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

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

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

Justification

The interpretation is transformed into a paragraph. The deletion does not make any difference of substance.

Amendment    26

Parliament's Rules of Procedure

Rule 30

Present text

Amendment

Rule 30

Rule 30

Conference of Delegation Chairs

Conference of Delegation Chairs

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

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

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

1a.   In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member present.

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

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

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

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

Justification

The interpretation is transformed into a paragraph. The deletion does not make any difference of substance.

Amendment    27

Parliament's Rules of Procedure

Rule 30 a (new)

Present text

Amendment

 

Rule 30 a

 

Continuity of an office during the election period

 

When a new Parliament is elected, all bodies and office holders of the outgoing Parliament shall continue to exercise their functions until the first sitting of the new Parliament.

Justification

Moved from Rule 25(15) with a wider scope.

Amendment    28

Parliament's Rules of Procedure

Rule 31

Present text

Amendment

Rule 31

Rule 31

Accountability of the Bureau and the Conference of Presidents

Accountability of the Bureau and the Conference of Presidents

1.  The minutes of the Bureau and the Conference of Presidents shall be translated into the official languages, printed and distributed to all Members of Parliament and shall be accessible to the public, unless the Bureau or the Conference of 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, decides otherwise with regard to certain items of the minutes.

1.  The minutes of the Bureau and the Conference of Presidents shall be translated into the official languages and distributed to all Members of Parliament, and shall be accessible to the public, unless the Bureau or the Conference of Presidents exceptionally, for reasons of confidentiality, subject to Article 4(1) to (4) of European Parliament and Council Regulation (EC) No 1049/2001, decides otherwise with regard to certain items of the minutes.

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

2.  Any Member may ask questions concerning the performance by the Bureau, the Conference of Presidents and the Quaestors of their respective duties. Such questions shall be submitted to the President in writing, notified to Members and published on Parliament's website within 30 days of tabling, together with the answers given.

Justification

The change aims to clarify the provision as the word currently used,"work" has a wide scope and, according to the Service concerned, many questions raised fall outside the scope of the activities of the three bodies referred to.

Amendment    29

Parliament's Rules of Procedure

Rule 32

Present text

Amendment

Rule 32

Rule 32

Formation of political groups

Establishment and dissolution of political groups

1.  Members may form themselves into groups according to their political affinities.

1.  Members may form themselves into groups according to their political affinities.

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

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

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

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

3.  If a group falls below the required threshold, the President, with the agreement of the Conference of Presidents, may allow it to continue to exist until Parliament's next constitutive sitting, provided the following conditions are met:

3.  If a group falls below one of the required thresholds, the President, with the agreement of the Conference of Presidents, may allow it to continue to exist until Parliament's next constitutive sitting, provided the following conditions are met:

– the members continue to represent at least one-fifth of the Member States;

– 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 group has been in existence for a period longer than a year.

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

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

4.  A Member may not belong to more than one political group.

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 set up. This statement shall specify the name of the group and the names of its members and bureau members.

5.  The President shall be notified in a statement when a political group is set up. This statement shall specify the name of the group and the names of its members and bureau members. It shall be signed by all members of the group.

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

6.  The statement shall be annexed to the minutes of the part-session during which the announcement of the establishment of the political group is made.

 

6a.  The President shall announce the establishment of political groups in Parliament. Such announcement shall have retroactive legal effect from the moment when the group notified its establishment to the President in conformity with this Rule.

 

The President shall also announce the dissolution of political groups in Parliament. Such announcement will have legal effect on the day following the that on which the conditions for the political group’s existence were no longer met.

Justification

The change to the title aligns it with the provisions for the constitution/dissolution of the political groups (Rule 32 6a).

The current wording of paragraph 3 subparagraph 1 uses "threshold" in singular while there are two thresholds.

As regards the amendments to paragraph 5, the formality of signatures would increase the legal certainty of the statement submitted to the President.

Paragraph 6 has hardly ever been applied as it stands and certainly not during the last years. Therefore it is proposed to delete the reference to the publication in the Official journal and bring the provision in line with the practice.

As regards the addition of paragraph 6a, is aims at clarifying that a declaration by the President – in his role as a “notary” - is necessary for the establishment of the group, with retroactive effect to the moment when the group validly notified its establishment and, for its dissolution, also a declaration of President with effects on the day following the moment when the conditions failed to be complied with by the group.

Amendment    30

Parliament's Rules of Procedure

Rule 33

Present text

Amendment

Rule 33

Rule 33

Activities and legal situation of the political groups

Activities and legal situation of the political groups

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

1.  The political groups shall carry out their duties as part of the activities of the Union, including the tasks allocated to them by these Rules of Procedure. The political groups shall be provided with a secretariat on the basis of the establishment plan of the Secretariat, with administrative facilities and with the appropriations entered 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 the related delegations of budget implementation powers.

2.  The Bureau shall, having regard to any proposal made by the Conference of Presidents, lay down the rules relating to the provision, implementation and monitoring of those facilities and appropriations, as well as to the related delegations of budget implementation powers and the consequences of any failure to respect them.

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

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

Justification

The change aims to bring this Rule in line with Rule 27(10).

Amendment    31

Parliament's Rules of Procedure

Rule 34

Present text

Amendment

Rule 34

Rule 34

Intergroups

Intergroups

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

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

2.  Such groupings may not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. Provided that the conditions laid down in the rules governing their establishment adopted by the Bureau are met, political groups may facilitate their activities by providing them with logistical support.

2.  Such groupings shall be fully transparent in their actions and may not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. Provided that the conditions laid down in the rules governing their establishment adopted by the Bureau are met, political groups may facilitate their activities by providing them with logistical support.

Such groupings shall be required to declare any support, whether in cash or in kind (e.g. secretarial assistance), which if offered to Members as individuals would have to be declared under Annex I.

3. Intergroups shall be required to declare annually any support, whether in cash or in kind (e.g. secretarial assistance), which if offered to Members as individuals would have to be declared under Annex I.

The Quaestors shall keep a register of the declarations referred to in the second subparagraph. That register shall be published on the Parliament’s website. The Quaestors shall adopt detailed rules on those declarations.

4. The Quaestors shall keep a register of the declarations referred to inparagraph 3. That register shall be published on the Parliament’s website. The Quaestors shall adopt detailed rules on those declarations and shall ensure the effective enforcement of this Rule.

Amendment    32

Parliament's Rules of Procedure

Title II – title

Present text

Amendment

LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES

LEGISLATIVE, BUDGETARY, DISCHARGE AND OTHER PROCEDURES

Amendment    33

Parliament's Rules of Procedure

Rule 37

Present text

Amendment

Rule 37

Rule 37

The Commission Work Programme

Annual programming

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

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

Parliament and the Commission shall cooperate in preparing the Commission Work Programme – which is the Commission’s contribution to the Union’s annual and multiannual programming – in accordance with the timetable and arrangements agreed between the two institutions and annexed to these Rules of Procedure8.

Parliament and the Commission shall cooperate in preparing the Commission Work Programme – which is the Commission’s contribution to the Union’s annual and multiannual programming – in accordance with the timetable and arrangements agreed between the two institutions8.

 

1a.   After the adoption of the Commission Work Programme, the Parliament, the Council and the Commission will, pursuant to paragraph 7 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 8a , exchange views and agree on a joint declaration on annual interinstitutional programming setting out broad objectives and priorities.

 

Before negotiating with the Council and the Commision on the joint declaration, the President shall hold an exchange of views with the Conference of Presidents and the Conference of Committee Chairs regarding Parliament's broad objectives and priorities.

 

Before signing the joint declaration, the President shall seek the approval of the Conference of Presidents.

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

 

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

3.  The President shall forward any resolution adopted by Parliament concerning legislative planning and priorities to the other institutions which participate in the European Union's legislative procedure and to the parliaments of the Member States.

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

 

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

 

 

4a.  If the Commission intends to withdraw a proposal, the competent Commissioner shall be invited by the committee responsible to a meeting to discuss that intention. The Presidency of the Council may also be invited to such meeting. If the committee responsible disagrees with the intended withdrawal, it may request that the Commission make a statement to Parliament. Rule 123 shall apply.

__________________

__________________

8 See Annex XIII.

8 Framework Agreement on relations between the European Parliament and the European Commission (OJ L 304, 20.11.2010, p. 47).

 

8a OJ L 123, 12.5.2016, p. 1.

Justification

Seceral deletions are proposed, each for specific reasons. Thus paragraph 2 is deleted because it consists of a unilateral statement in EP internal Rules about what other institutions are supposedly allowed to do.

Paragraph 3 subparagraph 2 is deleted to be moved above, while .

paragraph 4 is deleted because it has never been applied.

Amendment    34

Parliament's Rules of Procedure

Rule 38

Present text

Amendment

Rule 38

Rule 38

Respect for the Charter of Fundamental Rights of the European Union

Respect for fundamental rights

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

1.  Parliament shall in all its activities fully respect the rights, freedoms and principles recognised by Article 6 of the Treaty on European Union, and the values enshrined in Article 2 thereof.

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

 

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

2.  Where the committee responsible for the subject matter, a political group or at least 40 Members are of the opinion that a proposal for a legislative act or parts of it do not comply with the fundamental rights of the European Union, the matter shall, at their request, be referred to the committee responsible for the protection of fundamental rights.

 

2a.  That request shall be submitted within four working weeks of the announcement in Parliament of referral to committee.

 

2b.  The opinion of the committee responsible for the protection of fundamental rights shall be annexed to the report of the committee responsible for the subject-matter.

Justification

This adaptation of the title covers both the Charter and the rights and principles laid down in the Convention for fundamental rights, as translated in the EU Treaty in Article 6.

Paragraph 1is kept, but slightly reworded; the first and second subparagraphs are merged. The current provision dates back before the Lisbon Treaty, when the Charter of Fundamental Rights acquired the same value as the Treaty (Article 6 covers both the Charter (6(1)) and the Convention (6 (3)).

As regards the addition of paragraph 2a, it is the alignment of the deadlines in Rules 38 and 42.

Amendment    35

Parliament's Rules of Procedure

Rule 38 a (new)

Present text

Amendment

 

Rule 38 a

 

Gender equality

 

1.  Where the committee responsible for the subject matter, a political group or at least 40 Members are of the opinion that a proposal does not take sufficient account of the need for gender equality, they may request that the matter be referred to the committee responsible for Women's Rights and Gender equality.

 

2.  That request shall be submitted within four working weeks of the announcement in Parliament of referral to committee.

 

3.  The opinion of the committee responsible for Women's Rights and Gender equality shall be annexed to the report of the committee responsible for the subject-matter.

Justification

The correction concerns the deletion of the third paragraph, which is a repetition of the last sentence of the first paragraph,.

Amendment    36

Parliament's Rules of Procedure

Rule 39

Present text

Amendment

Rule 39

Rule 39

Verification of legal basis

Verification of legal basis

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

1.  In the case of all proposals for legally binding acts, the committee responsible for the subject-matter shall first verify the legal basis.

2.  If that committee disputes the validity or the appropriateness of the legal basis, including in the context of the verification under Article 5 of the Treaty on European Union, it shall request the opinion of the committee responsible for legal affairs.

2.  If that committee disputes the validity or the appropriateness of the legal basis, including in the context of the verification under Article 5 of the Treaty on European Union, it shall request the opinion of the committee responsible for legal affairs.

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

3.  The committee responsible for legal affairs may also on its own initiative take up questions concerning the legal basis at any stage of the legislative procedure. In such cases it shall duly inform the committee responsible for the subject-matter.

4.  If the committee responsible for legal affairs decides to dispute the validity or 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.

4.  Where appropriate, after the exchange of views with the Council and the Commission in accordance with the arrangements agreed at interinstitutional level1a, if the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Without prejudice to Rule 63, 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 proposal for a legislative act without the committee responsible for the subject-matter or the committee responsible for legal affairs having disputed the validity or appropriateness of the legal basis shall be inadmissible.

5.  Amendments tabled in Parliament to change the legal basis without the committee responsible for the subject-matter or the committee responsible for legal affairs having disputed the validity or appropriateness of the legal basis shall be inadmissible.

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

 

 

__________________

 

1a Interinstitutional Agreement of 13 April 2016 on Better-Law Making, paragraph 25 (OJ L 123, 12.5.2016, p. 1)

Justification

As concerns the changes in paragraph 1, “legally binding" is an inclusive formula which covers both the acts adopted by the ordinary and special legislative procedure (currently referred to as "legislative acts") and those adopted by another procedure (for instance NLE which the current rules refer to as "other documents of a legislative nature"). This formula reflects Article 288 and Article 2(1)&(2) of the Treaty on the Functioning of the European Union. The change is to be included in other Rules, especially as some of them (e.g. Rule 49(1) or even Rule 39(3) just below) refer only to "legislative acts" or "legislative procedures", but are in fact also applied to acts and procedures which are not "legislative" in the meaning of Article 289(3) TFEU (for instance "NLE".

As concerns the changes in paragraph 1, this suggestion is made to include the possibility of checking the legal basis not only at the stage of Commission's proposal, but also when the Council adopts its first reading position.

As regards the deletion of paragraph 6, emphasis put (probably for historical reasons) on the Commission, while the author or co-author of the legislative act is the Council. Such a referral back to the committee is always possible under the Rules of Procedure.

Amendment    37

Parliament's Rules of Procedure

Rule 40

Present text

Amendment

Rule 40

Rule 40

Delegation of legislative powers

Delegation of legislative powers and conferral of implementing powers

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

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

 

1a.  When scrutinising a proposal for a legislative act which confers implementing powers pursuant to Article 291 of the Treaty on the Functioning of the European Union, Parliament shall pay particular attention to the fact that in exercising an implementing power, the Commission may neither amend nor supplement the legislative act, even as to its non-essential elements.

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

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

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

3.  The committee responsible for the interpretation and application of Union law may also, on its own initiative, take up questions concerning the delegation of legislative powers and the conferral of implementing powers. In such cases it shall duly inform the committee responsible for the subject-matter.

Amendment    38

Parliament's Rules of Procedure

Rule 41

Present text

Amendment

Rule 41

Rule 41

Verification of financial compatibility

Verification of financial compatibility

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

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

2.  Without prejudice to Rule 47, the committee responsible for the subject-matter shall verify the financial compatibility of any proposal for a legislative act, or any other document of a legislative nature, with the multiannual financial framework.

2.  The committee responsible for the subject-matter shall verify that any proposal for a legally binding act is financially compatible with the multiannual financial framework regulation.

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

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

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

4.  The committee responsible for budgetary issues may also on its own initiative take up questions concerning the financial compatibility of proposals for legally binding acts. In such cases it shall duly inform the committee responsible for the subject-matter.

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

5.  If the committee responsible for budgetary issues decides to dispute the financial compatibility of the proposal, it shall report its conclusions to Parliament before Parliament votes on the proposal.

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

 

Justification

As regards the changes to paragraph 2, the reference to Rule 47 is superfluous. The addition of the regulation clarifies that BUDG Committee looks also at the allocation table included in the MFF Regulation.

As regards the changes to paragraph 5, Parliament would not vote on the BUDG conclusions, but these would be attached to the report of the committee responsible before the plenary vote.

Paragraph 6 is deleted as it is not very clear casting doubts whether the "act" means the draft legislative proposal and about who declared it "incompatible"?)

Amendment    39

Parliament's Rules of Procedure

Rule 42

Present text

Amendment

Rule 42

Rule 42

Examination of respect for the principle of subsidiarity

Examination of respect for the principles of subsidiarity and proportionality

1.  During the examination of a proposal for a legislative act, Parliament shall pay particular attention to respect for the principles of subsidiarity and proportionality.

1.  During the examination of a proposal for a legislative act, Parliament shall pay particular attention to respect for the principles of subsidiarity and proportionality.

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

2.  Only the committee responsible for respect of the principle of subsidiarity may decide to make recommendations for the attention of the committee responsible for the subject-matter in respect of a proposal for a legislative act.

 

Where the committee responsible for the subject matter, a political group or at least 40 Members are of the opinion that a proposal for a legislative act or parts of it do not comply with the principle of subsidiarity, the matter shall, at their request, be referred to the committee responsible for respect of the principle of subsidiarity. That request shall be submitted within four working weeks of the announcement in Parliament of the referral to committee.

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

 

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

4.  Except in the cases of urgency referred to in Article 4 of Protocol No 1 on the role of national parliaments in the European Union, the committee responsible for the subject-matter shall not proceed to its final vote before the expiry of the deadline of eight weeks laid down in Article 6 of Protocol No 2 on the application of the principles of subsidiarity and proportionality.

 

4a.  If a national parliament sends the President a reasoned opinion in accordance with Article 3 of the Protocol on the role of national parliaments in the European Union, that document shall be referred to the committee responsible for the subject-matter and forwarded, for information, to the committee responsible for respect of the principle of subsidiarity.

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

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

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

6.  Where, under the ordinary legislative procedure, reasoned opinions on the non-compliance of a proposal for a legislative act with the principle of subsidiarity represent at least a simple majority of the votes allocated to the national parliaments, the committee responsible for the subject-matter, having considered the reasoned opinions submitted by the national parliaments and the Commission, and having heard the views of the committee responsible for respect of the principle of subsidiarity, may recommend to Parliament that it reject the proposal on the grounds of infringement of the principle of subsidiarity or submit to Parliament any other recommendation, which may include suggestions for amendments related to respect of the principle of subsidiarity. The opinion given by the committee responsible for respect 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 a recommendation to reject the proposal is adopted by a majority of the votes cast, the President shall declare the procedure closed. Where Parliament does not reject the proposal, the procedure shall continue, taking into account any recommendations approved by Parliament.

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

Justification

The addition of Paragraph 2 subparagraph 1a (new) has been inspired by the provision in Rule 38.

Paragraph 3 of Rule 42 is moved after paragraph 4 and its wording is streamlined.

Amendment    40

Parliament's Rules of Procedure

Rule 44

Present text

Amendment

Rule 44

Rule 44

Representation of Parliament in Council meetings

Representation of Parliament in Council meetings

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

When the Council invites Parliament to take part in a Council meeting, the President shall ask the Chair or rapporteur of the committee responsible for the subject matter, or another Member designated by the committee, to represent Parliament.

Amendment    41

Parliament's Rules of Procedure

Rule 45

Present text

Amendment

Rule 45

Rule 45

Rights of initiative conferred on Parliament by the Treaties

Right of Parliament to submit proposals

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

In cases where the Treaties confer a right of initiative on Parliament, the committee responsible may decide to draw up an own-initiative report in accordance with Rule 52.

The report shall comprise:

The report shall comprise:

(a) a motion for a resolution;

(a) a motion for a resolution;

(b)  where appropriate, a draft decision or a draft proposal;

(b)  a draft proposal;

(c) an explanatory statement including, where appropriate, a financial statement.

(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 the Council and the opinion or the consent of the Commission, Parliament may, following the vote on the proposed act, and on a proposal by the rapporteur, decide to postpone the vote on the motion for a resolution until the Council or the Commission have stated their position.

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

Justification

Drafting suggestion to align the title with the one of Rule 46.

As regards the changes to paragraph 1 it is a clarification. Some examples of possible Parliament initiatives:Article 7 TEU: breach by a Member State of EU valuesArticle 14 TEU: composition of EPArticle 48 TEU: Treaty revisionArt. 223 §1 TFEU: provisions on EP elections;Art. 223§2 TFEU: decision on performance of Members’ duties (MEPs' Statute);Art. 226 TFEU: provisions governing the exercise of the EP right of inquiry;Art. 228 TFEU: regulations on performance of ombudsman’s duties.

Amendment    42

Parliament's Rules of Procedure

Rule 46

Present text

Amendment

Rule 46

Rule 46

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

Requests to the Commission for submission of proposals

1.  Parliament may request the Commission, pursuant to Article 225 of the Treaty on the Functioning of the European Union, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report drawn up by the committee responsible in accordance with Rule 52. The resolution shall be adopted by a 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.

1.  Parliament may request the Commission, pursuant to Article 225 of the Treaty on the Functioning of the European Union, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report drawn up by the committee responsible in accordance with Rule 52. The resolution shall be adopted by a 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 right of initiative granted to Parliament under Article 225 of the Treaty on the Functioning of the European Union.

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

Such a proposal may be tabled together by up to 10 Members. The proposal shall indicate its legal basis and may be accompanied by an explanatory statement of no more than 150 words.

Such a proposal may be tabled jointly by up to 10 Members. The proposal shall indicate the legal basis on which it is made and may be accompanied by an explanatory statement of no more than 150 words.

 

The proposal shall be submitted to the President, who shall verify whether the legal requirements are fulfilled. He may refer the proposal for an opinion on the appropriateness of the legal basis to the committee responsible for such verification. If the President declares the proposal admissible, he or she shall announce it in plenary and refer it to the committee responsible.

 

Before such referral to the committee responsible, the proposal shall be translated into those official languages which the Chair of that committee considers necessary in order to make summary consideration possible.

 

The committee responsible shall take a decision on further action within three months of the referral, after giving the authors of the proposal the opportunity to address the committee.

 

The authors of the proposal shall be named in the title of the report.

3.  The proposal shall be submitted to the President, who shall verify whether the legal requirements are fulfilled. He may refer the proposal for an opinion on the appropriateness of the legal basis to the committee responsible for such verification. If the President declares the proposal admissible, he shall announce it in plenary and refer it to the committee responsible.

 

Before such referral to the committee responsible, the proposal shall be translated into those official languages which the Chair of that committee considers necessary in order to make summary consideration possible.

 

The committee may recommend to the President that the proposal be opened for signature by any Member, subject to the modalities and deadlines set out in Rule 136(2), 136(3) and 136(7).

 

Where such a proposal is signed by a majority of Parliament's component Members, the report on the proposal shall be deemed to be authorised by the Conference of Presidents. The committee shall draw up a report in accordance with Rule 52, after having heard the authors of the proposal.

 

Where a proposal is not opened for additional signatures or is not signed by a majority of Parliament's component Members, the committee responsible shall take a decision on further action within three months of the referral, and after having heard the authors of the proposal.

 

The authors of the proposal shall be named in the title of the report.

 

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

4.  Parliament's resolution shall indicate the appropriate legal basis and be accompanied by recommendations as to the content of the required proposals.

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

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

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

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

 

6a.  The Conference of Committee Chairs shall regularly monitor whether the Commission is complying with paragraph 10 of the Interinstitutional Agreement on Better Law-Making, according to which the Commission is to reply to requests for submission of proposals within three months by adopting a specific communication stating the intended follow-up actions to be taken. It shall regularly report on the results of such monitoring to the Conference of Presidents.

Justification

The title is clarified and aligned, compared also to the title of Rule 45.

The first, second, fifth and sixth subparagraphs of Rule 46(3) are moved to Rule 46(2). The contents of the third and fourth subparagraphs of Rule 46(3) is deleted because the procedure they laid down is very complex and was hardly ever applied until now.

As regards changes to paragraph 4, they reflect that other principles must obviously also be respected (proportionality for instance).

Paragraph 6 shall become paragraph 5. This paragraph refers to a "proposed legislative act". The restriction implied by the word "legislative" (as defined in Article 289 TFEU) is questionable. Therefore it is suggested to use "Union act" as in Article 225 TFEU and in paragraph 1 of this Rule.

Amendment    43

Parliament's Rules of Procedure

Rule 47

Present text

Amendment

Rule 47

Rule 47

Consideration of legislative documents

Consideration of legally binding acts

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

1.  Proposals for legally binding acts received from other institutions or Member States shall be referred by the President to the committee responsible, for its consideration.

In cases of doubt the President may apply Rule 201(2) before the announcement in Parliament of referral to the committee responsible.

 

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

 

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

 

The provisions for the first reading as set out in Rules 38 to 46, 57 to 63 and 75 shall apply to proposals for legislative acts whether they require one, two or three readings.

 

 

1a.  In cases of doubt, the President may, before the announcement in Parliament of a referral to the committee responsible, submit a question concerning competence to the Conference of Presidents. The Conference of Presidents shall adopt its decision on the basis of a recommendation from the Conference of Committee Chairs, or the latter’s Chair, in accordance with Rule 201a(2).

 

1b.   The committee responsible may, at any time, decide to appoint a rapporteur to follow the preparatory phase of a proposal. It shall give particular consideration to doing so where the proposal is listed in the Commission Work Programme.

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

 

The provisions for the second reading as set out in Rules 64 to 69 and 76 shall apply to Council positions.

 

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

 

The provisions for the third reading as set out in Rules 70, 71 and 72 shall apply to the conciliation procedure.

 

4. Rules 49, 50, 53, 59(1) and (3), 60, 61 and 188 shall not apply during the second and third readings.

 

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

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

Justification

As regards the change to paragraph 1 subparagraph 1, same change as in Rule 39 paragraph 1.

As regards the second subparagraph of Rule 47(1), it converts Rule 201(2) into a new Rule on questions of competence: Rule 201a (new); an alignment is therefore necessary.

As regards the fourth subparagraph, the reference to the Commission Work Programme is limitative and should be deleted. The rest is moved as paragraph 1b of Rule 47.

As regards the fifth subparagraph, the readability of such provision is difficult. The list is not limitative as other Rules apply as well; in addition, it mentions general Rules which apply in any case throughout the procedure, as for instance Rules 38 to 44; Rules 45 & 46 concern the right of initiative; Rules 57 to 63 & 75 are specific for first reading and it is not clear what is meant by the reference to them in this subparagraph.

Paragraphs 2 and 3 (2) are deleted as superfluous or self-evident given the existence of specific Rules on second and third reading.

Paragraph 3 subparagraph 1 is deleted here and moved to Rule72 as §6(new)

Paragraph 4 is deleted given the proposals concerning Rules 66.5(new) and 72.7(new).

Amendment    44

Parliament's Rules of Procedure

Rule 47 a (new)

Present text

Amendment

 

Rule 47 a

 

Acceleration of legislative procedures

 

The acceleration of legislative procedures in coordination with the Council and Commission regarding specific proposals, selected in particular from among those identified as priorities in the joint declaration on annual interinstitutional programming pursuant to Rule 37(1a), may be agreed by the committee or committees responsible.

Amendment    45

Parliament's Rules of Procedure

Rule 48

Present text

Amendment

Rule 48

Rule 48

Legislative procedures on initiatives originating from Member States

Legislative procedures on initiatives originating from institutions other than the Commission or from Member States

1.  Initiatives originating from Member States pursuant to Article 76 of the Treaty on the Functioning of the European Union shall be dealt with pursuant to this Rule and Rules 38 to 43, 47 and 59.

1.  When dealing with initiatives originating from institutions other than the Commission or from Member States, the committee responsible may invite representatives of the institutions or the originating Member States to present their initiative to the committee. The representatives of the originating Member States may be accompanied by the Presidency of the Council.

2.  The committee responsible may invite representatives of the originating Member States to present their initiative to the committee. The representatives may be accompanied by the Presidency of the Council.

2. The committee responsible may invite representatives of the originating Member States to present their initiative to the committee. The representatives may be accompanied by the Presidency of the Council.

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

3.  Before the committee responsible proceeds to the vote, it shall ask the Commission whether it is preparing an opinion on the initiative, or if it intends to submit an alternative proposal within a short period of time. If the answer that it receives is in the affirmative, the committee shall not adopt its report before receiving the Commission's opinion or alternative proposal.

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

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

Justification

As regards the changes to paragraph 1. this Rule as worded at present settles the case of initiatives from Member States, but other institutions can also do so (the European Central Bank or the Court of Justice (see Article 294(15) TFEU).The reference to "this Rule and Rules 38 to 43, 47 and 59" is unduly limitative. Other provisions like, for instance, Rules 50 or 53 may apply as well. Paragraphs 1 and 2 of Rule 48 are merged.

Paragraph 2 is deleted as it is and merged with paragraph 1.

Amendment    46

Parliament's Rules of Procedure

Rule 49

Present text

Amendment

Rule 49

Rule 49

Legislative reports

Legislative reports

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

1.  The Chair of the committee to which a proposal for a legally binding act is referred shall propose to the committee the procedure to be followed.

2.  Following a decision on the procedure to be followed, and if Rule 50 does not apply, the committee shall appoint a rapporteur on the proposal for a legislative act from among its members or permanent substitutes if it has not yet done so on the basis of the Commission Work Programme agreed under Rule 37.

2.  Following a decision on the procedure to be followed, and if the simplified procedure under Rule 50 does not apply, the committee shall appoint a rapporteur on the proposal for a legislative act from among its members or permanent substitutes if it has not yet done so on the basis of Rule 47(1b).

3.  The committee's report shall comprise:

3.  The committee's report shall comprise:

(a)  amendments, if any, to the proposal, accompanied, if appropriate, by short justifications which shall be the responsibility of the rapporteur and shall not be put to the vote;

(a)  amendments, if any, to the proposal, accompanied, if appropriate, by short justifications which shall be the responsibility of the author and shall not be put to the vote;

(b) a draft legislative resolution, in accordance with Rule 59(2);

(b) a draft legislative resolution, in accordance with Rule 59(1c);

(c)  if appropriate, an explanatory statement including a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the multiannual financial framework.

(c)  if appropriate, an explanatory statement including, where necessary, a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the multiannual financial framework;

 

(ca)  if available, a reference to the Impact Assessment by Parliament.

Justification

As regards the changes to paragraph 3 (a), they reflect the fact that the provision as worded at present implies that, in the "reports" all "short justifications" of amendments are "the responsibility of the rapporteur". This is correct for the draft reports, but not for the reports themselves.

As regards paragraph 3 (c), financial statements are quite uncommon in explanatory statements, while the word "including" implies a systematic inclusion. A more flexible wording is suggested.

Amendment    47

Parliament's Rules of Procedure

Rule 50

Present text

Amendment

Rule 50

Rule 50

Simplified procedure

Simplified procedure

1.  Following a first discussion of a proposal for a legislative act, the Chair may propose that it be approved without amendment. Unless at least one-tenth of the members of the committee object, the Chair shall present to Parliament a report approving the proposal. Rule 150(1), second subparagraph, (2) and (4) shall apply.

1.  Following a first discussion of a proposal for a legislative act, the Chair may propose that it be approved without amendment. Unless at least one-tenth of the members of the committee object, the proposed procedure shall be deemed to have been approved. The Chair, or the rapporteur if one has been appointed, shall present to Parliament a report approving the proposal. Rule 150(1), second subparagraph, (2) and (4) shall apply.

2.  The Chair may alternatively propose that a set of amendments be drafted by the chair or by the rapporteur reflecting the committee's discussion. If the committee so agrees, these amendments shall be sent to the members of the committee. Unless at least one tenth of the members of the committee object within a set time limit, which may not be less than 21 days from the date of dispatch, the report shall be deemed to have been adopted by the committee. In this case the draft legislative resolution and the amendments shall be submitted to Parliament without debate pursuant to Rule 150(1), second subparagraph, (2) and (4).

2.  Alternatively, the Chair may propose that a set of amendments be drafted by the chair or by the rapporteur reflecting the committee's discussion. Unless at least one-tenth of the members of the committee object, the proposed procedure shall be deemed to have been approved and the amendments shall be sent to the members of the committee.

 

Unless at least one tenth of the members of the committee object to the amendments within a set time limit, which may not be less than 10 working days from the date of dispatch, the report shall be deemed to have been adopted by the committee. In this case the draft legislative resolution and the amendments shall be submitted to Parliament without debate pursuant to Rule 150(1), second subparagraph, (2) and (4).

 

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

3.  If at least one tenth of the committee's members object, the amendments shall 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 third sentences of paragraph 2 and paragraph 3 shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 53.

4.  With the exception of the provisions concerning the submission to Parliament, this Rule shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 53.

Justification

Paragraph 3 applies to the case mentioned in paragraph 2, not to the case mentioned in paragraph 1. Readability is improved by merging paragraphs 2 and 3 into one single paragraph.

The change to paragraph 4 also aims at improving its readability.

Amendment    48

Parliament's Rules of Procedure

Rule 51

Present text

Amendment

Rule 51

Rule 51

Non-legislative reports

Non-legislative reports

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

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

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

 

3.  The committee's report shall comprise:

3.  The committee's report shall comprise:

(a)  a motion for a resolution;

(a)  a motion for a resolution;

(b)  an explanatory statement including a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the multiannual financial framework;

(b)  an explanatory statement including, where necessary, a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the multiannual financial framework;

(c)  the texts of any motions for resolutions to be included under Rule 133(4).

(c)  the texts of any motions for resolutions to be included under Rule 133(4).

Justification

Paragraph 2 is deleted here and moved under current Rule 56. This definition of the rapporteur duties will be included in the Rule 56 concerning the drafting of reports.

Amendment    49

Parliament's Rules of Procedure

Rule 52

Present text

Amendment

Rule 52

Rule 52

Own-initiative reports

Own-initiative reports

1.   A committee intending to draw up a report and to submit to Parliament a motion for a resolution on a subject within its competence on which neither a consultation nor a request for an opinion has been referred to it under Rule 201(1) may do so only with the authorisation of the Conference of Presidents. Where such authorisation is withheld the reason must always be stated. Where the subject of the report is a proposal tabled by a Member pursuant to Rule 46(2), authorisation may be withheld only if the conditions set out in Article 5 of the Statute for Members and in Article 225 of the Treaty on the Functioning of the European Union are not met.

1.  A committee intending to draw up a non-legislative report or a report under Rule 45 or 46 on a subject within its competence on which no referral has taken place, may do so only with the authorisation of the Conference of Presidents.

 

The Conference of Presidents shall take a decision on requests for authorisation to draw up reports submitted pursuant to the first subparagraph on the basis of implementing provisions, which it shall lay down .

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

 

 

1a.   Where such authorisation is withheld the reason for withholding it shall always be stated.

 

Where the subject of the report comes under Parliament's right of initiative referred to in Rule 45, authorisation may be withheld only on the grounds that the conditions set out in the Treaties are not met.

 

1b.  In the cases referred to in Rule 45 and Rule 46, the Conference of Presidents shall take a decision within two months

2.  Motions for resolutions contained in own-initiative reports shall be examined by Parliament under the short presentation procedure set out in Rule 151. Amendments to such motions for resolutions shall only be admissible for consideration in plenary if tabled by the rapporteur to take account of new information or by at least one-tenth of the Members of Parliament. Political groups may table alternative motions for resolutions in accordance with Rule 170(4). Rule 176 and Rule 180 shall apply to the committee's motion for a resolution and amendments thereto. Rule 180 shall also apply to the single vote on alternative motions for resolutions.

2.  Motions for resolutions submitted to Parliament shall be examined under the short presentation procedure set out in Rule 151. Amendments to such motions for resolutions and requests for split votes or separate votes shall only be admissible for consideration in plenary if they are tabled either by the rapporteur to take account of new information or by at least one-tenth of the Members of Parliament. Political groups may table alternative motions for resolutions in accordance with Rule 170(4). Rule 180 shall apply to the committee's motion for a resolution and amendments thereto. Rule 180 shall also apply to the single vote on alternative motions for resolutions.

The first subparagraph shall not apply in cases where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 45 or 46, or where the report has been authorised as a strategic report9 .

 

 

2a.  Paragraph2 shall not apply in cases where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 45 or 46, or where the report has been authorised as a strategic report9a.

3.  Where the subject of the report comes under the right of initiative referred to in Rule 45, authorisation may be withheld only on the grounds that the conditions set out in the Treaties are not met.

 

4.  In the cases referred to in Rule 45 and Rule 46, the Conference of Presidents shall take a decision within two months.

 

__________________

__________________

9 See the relevant decision of the Conference of Presidents, reproduced in Annex XVII to these Rules of Procedure.

 

 

9a See the relevant decision of the Conference of Presidents.

Justification

As regards the changes to paragraph 1, the words "neither a consultation nor a request for an opinion has been referred to it" are updated to the current framework where Parliament's legislative powers go well beyond consultation. In fact, the own-initiative report must not deal with topics which are the subject of a legislative report / proposal.The last part of this paragraph will be deleted: Article 5 of the Statute and Article 225 of the Treaty are general provisions and do not as such set certain conditions for a Member's initiative. Minimal conditions are set in Rule 46(2) and they are meant to allow the President to follow up with the referral to the Committee responsible. It is the Committee responsible which then decides whether to seek authorisation.

The first part of the interpretation following paragraph 1 is integrated into paragraph 1.The last part of the interpretation is covered in new Rule 201a(2).

As regards paragraph 1a and 1b, the change suggests a restructuring of the Rules concerning the conditions for authorisation. The current paragraph 3 is reinserted here as subparagraph of paragraph 2 to which it is linked

The content of paragraph 1bis moved from the current Rule 52(4).

The renumbering and replacement of current paragraph 3 and 4 before current paragraph 2 aims to clarify that own initiative reports are a subcategory of the non-legislative reports.

Paragraph 2 subparagraph 1 becomes a separate paragraph.

Paragraph 3 moved up as paragraph 2.1 and paragraph 5 is deleted here and moved up as paragraph 3. As they cover the same issues, the last sentence of paragraph 1 and paragraphs 3 and 4 are merged.

Amendment    50

Parliament's Rules of Procedure

Rule 53

Present text

Amendment

Rule 53

Rule 53

Opinions of committees

Opinions of committees

1.  If the committee to which a matter was first referred wishes to hear the views of another committee, or if another committee wishes to make known its views on the report of the committee to which a matter was first referred, such committees may ask the President in accordance with Rule 201(3), for one committee to be named as the committee responsible and the other as the committee asked for an opinion.

1.  If the committee to which a matter was first referred wishes to hear the views of another committee, or if another committee wishes to make known its views to the committee to which a matter was first referred, such committees may ask the President in accordance with Rule 201 (3) for one committee to be named as the committee responsible and the other as the committee asked for an opinion.

 

The opinion giving committee may appoint a rapporteur for opinion from among its members or permanent substitutes or send its views in the form of a letter from the Chair.

2.  In the case of documents of a legislative nature within the meaning of Rule 47(1), the opinion shall consist of amendments to the text referred to the committee accompanied where appropriate by short justifications. Such justifications shall be the responsibility of the rapporteur for the opinion and shall not be put to the vote. If necessary the committee asked for an opinion may submit a short written justification for the opinion taken as a whole.

2.  Where the opinion concerns a proposal for a legally binding act, it shall consist of amendments to the text referred to the committee, accompanied where appropriate by short justifications. Such justifications shall be the responsibility of their author and shall not be put to the vote. If necessary the committee asked for an opinion may submit a short written justification for the opinion taken as a whole. Such short written justification shall be the responsibility of the rapporteur.

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

Where the opinion does not concern a proposal for a legally binding act, it shall consist of suggestions for parts of the motion for a resolution submitted by the committee responsible.

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

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 of responsibility of the committee asked for an opinion.

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

3.  The committee responsible shall set a deadline within which the committee asked for an opinion must deliver it if it is to be taken into account by the committee responsible. Any changes to the announced timetable shall be immediately communicated by the committee responsible to the committee(s) asked for an opinion. The committee responsible shall not reach its final conclusions before that time-limit has expired.

3.  The committee responsible shall set a deadline within which the committee asked for an opinion must deliver it if it is to be taken into account by the committee responsible. Any changes to the announced timetable shall be immediately communicated by the committee responsible to the committee(s) asked for an opinion. The committee responsible shall not reach its final conclusions before that time-limit has expired.

 

3a.  Alternatively, the opinion-giving committee may decide to present its position in the form of amendments to be tabled directly in the committee responsible following their adoption. These amendments shall be tabled by the Chair or the rapporteur on behalf of the committee.

 

3b.  The opinion-giving committee shall table the amendments referred to in paragraph 3a within the deadline for amendments set by the committee responsible.

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

4.  All opinions and amendments adopted by the opinion giving committee shall be annexed to the report of the committee responsible.

5.  Only the committee responsible may table amendments in plenary.

5.  Opinion giving committees within the meaning of this Rule cannot table amendments for consideration by Parliament.

6.  The Chair and rapporteur of the committee asked for an opinion shall be invited to take part in an advisory capacity in meetings of the committee responsible, insofar as these relate to the matter of common concern.

6.  The Chair and rapporteur of the committee asked for an opinion shall be invited to take part in an advisory capacity in meetings of the committee responsible, insofar as these relate to the matter of common concern.

Justification

As regards the changes to paragraph 1, strictly speaking, the opinion committee does not "make known its views on the report" but on the issue that will be covered by the report.As a new Rule 201a (new) is proposed to deal with the questions of competences,an alignment to that Rules is necessary throughout the text.The addition aims to clarify that a "rapporteur for an opinion" is appointed (currently not in the rules).

As regards the addition of paragraph 3 a (new), it reflects the outcome of the last CCC away day, when the Committee Chairs acknowledged that Rule 53 is over-used and recommended the introduction of the ‘committees-amendments” to the draft report of the lead committee.This possibility which corresponds to a current practice is now introduced in the Rules with an appropriate procedure to adopt and table “committee-amendments”.

Paragraph 5 is reworded. In fact, the restriction to the committee responsible is already set out in Rule 169 (which is a more relevant place).

Amendment    51

Parliament's Rules of Procedure

Rule 54

Present text

Amendment

Rule 54

Rule 54

Procedure with associated committees

Associated committee procedure

Where a question of competence is referred to the Conference of Presidents pursuant to Rules 201(2) or 52, and the Conference of Presidents, on the basis of Annex VI, considers that the matter falls almost equally within the competence of two or more committees, or that different parts of the matter fall within the competence of two or more committees, Rule 53 shall apply with the following additional provisions:

1.  Where a question of competence is referred to the Conference of Presidents pursuant to Rule 201a, and the Conference of Presidents, on the basis of Annex VI, considers that the matter falls almost equally within the competence of two or more committees, or that different parts of the matter fall within the competence of two or more committees, Rule 53 shall apply with the following additional provisions:

– the timetable shall be jointly agreed by the committees concerned;

– the timetable shall be jointly agreed by the committees concerned;

– the rapporteurs concerned shall keep each other informed and shall endeavour to agree on the texts they propose to their committees and on their position regarding amendments;

– the rapporteurs concerned shall keep each other informed and shall endeavour to agree on the texts they propose to their committees and on their position regarding amendments;

–  the Chairs and rapporteurs concerned shall jointly identify areas of the text falling within their exclusive or joint competence and agree on the precise arrangements for their cooperation. In the event of disagreement about the delimitation of competences the matter shall be submitted, at the request of one of the committees involved, to the Conference of Presidents, which may decide on the question of the respective competences or decide that the procedure with joint committee meetings under Rule 55 is to apply; the second subparagraph of Rule 201(2) shall apply mutatis mutandis;

–  the Chairs and rapporteurs concerned are bound by principle of good and sincere cooperation and shall jointly identify areas of the text falling within their exclusive or shared competence and agree on the precise arrangements for their cooperation. In the event of disagreement about the delimitation of competences the matter shall be submitted, at the request of one of the committees involved, to the Conference of Presidents, which may decide on the question of the respective competences or decide that the procedure with joint committee meetings under Rule 55 is to apply. That decision shall be taken in accordance with the procedure and within the deadline set out in Rule 201a.

–  the committee responsible shall accept without a vote amendments from an associated committee where they concern matters which fall within the exclusive competence of the associated committee. If amendments on matters which fall within the joint competence of the committee responsible and an associated committee are rejected by the former, the latter may table those amendments directly in plenary;

–  the committee responsible shall accept without a vote amendments from an associated committee where they concern matters which fall within the exclusive competence of the associated committee. If the committee responsible fails to respect the exclusive competence of the associated committee, the associated committee may table amendments directly in plenary. If amendments on matters which fall within the shared competence of the committee responsible and an associated committee are not adopted by the former, the associated committee may table those amendments directly in plenary;

– in the event of a conciliation procedure taking place on the proposal, Parliament's delegation shall include the rapporteur of any associated committee.

– in the event of a conciliation procedure taking place on the proposal, Parliament's delegation shall include the rapporteur of any associated committee.

The wording of this Rule does not lay down any limits to its scope. Requests for application of the procedure with associated committees concerning non-legislative reports based on Rules 52(1) and 132(1) and (2) are admissible.

 

The procedure with associated committees set out in this Rule may not be applied in relation to the recommendation to be adopted by the committee responsible under Rule 99.

 

The Conference of Presidents' decision to apply the procedure with associated committees applies at all stages of the procedure in question.

The Conference of Presidents' decision to apply the procedure with associated committees applies at all stages of the procedure in question.

The rights attaching to the status of "committee responsible" are exercised by the lead committee. In exercising those rights, the lead committee must take due account of the prerogatives of the associated committee, and in particular must comply with the obligation to observe the principle of sincere cooperation as regards the timetable and respect the right of the associated committee to determine the amendments submitted in plenary which fall within its exclusive competence.

The rights attaching to the status of "committee responsible" are exercised by the lead committee. In exercising those rights, the lead committee must take due account of the prerogatives of the associated committee, and in particular must comply with the obligation to observe the principle of sincere cooperation as regards the timetable and respect the right of the associated committee to determine the amendments submitted in plenary which fall within its exclusive competence.

Should the lead committee disregard the prerogatives of the associated committee, decisions taken by the former remain valid but the latter may table amendments directly in plenary, within the limits of its exclusive competence.

 

 

1a.   The procedure laid down in this Rule shall not apply to the recommendations to be adopted by the committee responsible under Rule 99.

Justification

The changes to paragraph 1 reflect the decision to convert the current Rule 201 (2) into a new Rule 201awhich would cover the questions of competence. Thus, the restriction to legislative files implied by the first paragraph of Rule 201 (1) would be lifted and the new Rule would serve to deal with conflict of competences for both legislative and non-legislative reports. An alignment to take into account the creation of Rule 201 (a) (new) is necessary whenever 201(2) is mentioned.

The change to paragraph 1, indent 3, aims to make the sentence easy to read and to bring the provision in line with the suggested creation of Rule 201a (new).

For clarity reasons, the last paragraph of the fourth part of the interpretation to this Rule is integrated in paragraph 1, indent 4.

The second subparagraph of the interpretation is transformed into a new paragraph of Rule 54 (1a new).

The last subparagraph of the interpretation is integrated in the first paragraph of Rule 54 (fourth hyphen); for the case of shared competence, the text already clearly establishes that the associated committee can table amendments directly in plenary.

Amendment    52

Parliament's Rules of Procedure

Rule 55

Present text

Amendment

Rule 55

Rule 55

Procedure with joint committee meetings

Joint committee procedure

1.  When a question of competence is referred to it pursuant to Rule 201(2), the Conference of Presidents may decide that the procedure with joint meetings of committees and a joint vote is to be applied, provided that:

1.  When a question of competence is referred to it pursuant to Rule 201a, the Conference of Presidents may decide that the procedure with joint meetings of committees and a joint vote is to be applied, provided that:

– by virtue of Annex VI, the matter falls indissociably within the competences of several committees; and

– by virtue of Annex VI, the matter falls indissociably within the competences of several committees; and

– it is satisfied that the question is of major importance.

– it is satisfied that the question is of major importance.

2.  In that event, the respective rapporteurs shall draw up a single draft report, which shall be examined and voted on by the committees concerned, under the joint chairmanship of the committee Chairs.

2.  In that event, the respective rapporteurs shall draw up a single draft report, which shall be examined and voted on by the committees concerned, under the joint chairmanship of the committee Chairs.

At all stages of the procedure, the rights attaching to the status of committee responsible may be exercised by the committees concerned only when they are acting jointly. The committees involved may set up working groups to prepare the meetings and votes.

At all stages of the procedure, the rights attaching to the status of committee responsible may be exercised by the committees concerned only when they are acting jointly. The committees involved may set up working groups to prepare the meetings and votes.

3.  At the second-reading stage of the ordinary legislative procedure, the Council position shall be considered at a joint meeting of the committees concerned, which, should no agreement be reached between their Chairs, shall be held on the Wednesday of the first week set aside for meetings of parliamentary bodies following the communication of the Council’s position to Parliament. Should no agreement be reached on the convening of a further meeting, any such meeting shall be convened by the Chair of the Conference of Committee Chairs. The vote on the recommendation for second reading shall be taken at a joint meeting on the basis of a joint text drafted by the respective rapporteurs of the committees concerned or, in the absence of a joint text, on the basis of the amendments tabled in the committees concerned.

3.  At the second-reading stage of the ordinary legislative procedure, the Council position shall be considered at a joint meeting of the committees concerned, which, should no agreement be reached between their Chairs, shall be held on the Wednesday of the first week set aside for meetings of parliamentary bodies following the communication of the Council’s position to Parliament. Should no agreement be reached on the convening of a further meeting, any such meeting shall be convened by the Chair of the Conference of Committee Chairs. The vote on the recommendation for second reading shall be taken at a joint meeting on the basis of a joint text drafted by the respective rapporteurs of the committees concerned or, in the absence of a joint text, on the basis of the amendments tabled in the committees concerned.

At the third-reading stage of the ordinary legislative procedure, the Chairs and rapporteurs of the committees concerned shall be ex officio members of the delegation to the Conciliation Committee.

At the third-reading stage of the ordinary legislative procedure, the Chairs and rapporteurs of the committees concerned shall be ex officio members of the delegation to the Conciliation Committee.

This Rule can be applied to the procedure leading to a recommendation to approve or reject the conclusion of an international agreement pursuant to Rules 108(5) and 99(1) provided that the conditions set out in it are fulfilled.

 

Justification

As regards the changes to paragraph 1, they reflect the alignment related to the creation of new Rule 201 a on questions of competences.

The interpretation following paragraph 3 probably also applies to recommendations in other consent procedures but this is not set out. To prevent any confusion or an interpretation a contrario, it is suggested to delete it.

Amendment    53

Parliament's Rules of Procedure

Rule 56

Present text

Amendment

Rule 56

Rule 52a

Drafting of reports

Drafting of reports

 

-1.  The rapporteur shall be responsible for preparing the committee's report and for presenting it to Parliament on behalf of the committee.

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

1.  The explanatory statement shall be the responsibility of the rapporteur and shall not be put to the vote. It must, however, accord with the text of the motion for a resolution as adopted and any amendments proposed by the committee. If it fails to do 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 is taken, the report shall indicate how each member voted.

2.  The report shall state the result of the vote taken on the report as a whole and shall indicate in line with Rule 208(3), how each member voted.

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

3.  Minority positions may be expressed when the vote on the text as a whole is taken and may, at the request of their authors, be the subject of a written declaration not exceeding 200 words in length, annexed to the explanatory statement.

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

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

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

4.  On a proposal from its Chair, a committee may set a deadline within which the rapporteur must submit the draft report. This deadline may be extended or a new rapporteur appointed.

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

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

(This Rule as amended shall be moved before Rule 53)

Justification

As regards the contents of paragraph -1, it consists of the provision currentlu in Rule 51(2) and ismoved here for consistency.

The change to paragraph 2 will bring this provision in line with Rule 208(3): adoption of reports by roll-call vote is mandatory.

As regards the changes to paragraph 3 subparagraph 1, the first sentence will be deleted: lack of unanimity implies minority opinions; in addition it is not very clear what is meant by "give a summary of the minority opinion" in singular as compared to the rest of the paragraph.

The change to paragraph 4 is an alignment to committees’ practice.

Amendment    54

Parliament's Rules of Procedure

Title II – chapter 3 – title

Present text

Amendment

CHAPTER 3

CHAPTER 3

FIRST READING

ORDINARY LEGISLATIVE PROCEDURE

Amendment    55

Parliament's Rules of Procedure

Title II – chapter 3 – section 1 (new)

Present text

Amendment

 

SECTION 1

 

FIRST READING

Amendment    56

Parliament's Rules of Procedure

Title II – chapter 3 – subtitle 1

Present text

Amendment

Committee stage

deleted

Amendment    57

Parliament's Rules of Procedure

Rule 57

Present text

Amendment

Rule 57

deleted

Modification of a proposal for a legislative act

 

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

 

2.  If the Council substantially modifies the proposal for a legislative act, the provisions of Rule 63 shall apply.

 

Justification

This rule, which is more tailored for consultation procedures than for ordinary legislative procedures, is deleted here and moved (as amended) to new chapter 4 on consultation procedure.

Amendment    58

Parliament's Rules of Procedure

Rule 58

Present text

Amendment

Rule 58

deleted

Commission and Council position on amendments

 

1.  Before the committee responsible proceeds to the final vote on a proposal for a legislative act, it shall ask the Commission to state its position on all the amendments 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 declares that it is not prepared to accept all the amendments adopted by the committee, then the committee may postpone the final vote.

 

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

 

Amendment    59

Parliament's Rules of Procedure

Title II – chapter 3 – subtitle 2

Present text

Amendment

Plenary stage

deleted

Amendment    60

Parliament's Rules of Procedure

Rule 59

Present text

Amendment

Rule 59

Rule 59

Conclusion of first reading

Vote in Parliament – first reading

 

-1.   Parliament may approve, amend or reject the draft legislative act.

1.  Parliament shall examine the proposal for a legislative act on the basis of the report drawn up by the committee responsible pursuant to Rule 49.

1.  Parliament shall first vote on any proposal for the immediate rejection of the draft legislative act that has been tabled in writing by the committee responsible, a political group or at least 40 Members.

 

If that proposal for rejection is adopted, the President shall ask the originating institution to withdraw the draft legislative act.

 

If the originating institution does so, the President shall declare the procedure closed.

 

If the originating institution does not withdraw the draft legislative act, the President shall announce that the first reading of Parliament is concluded, unless, on a proposal of the Chair or rapporteur of the committee responsible or of a political group or at least 40 Members, Parliament decides to refer the matter back to the committee responsible for reconsideration.

 

If that proposal for rejection is not adopted, Parliament shall then proceed in accordance with paragraphs 1a to 1c.

 

1a.  Any provisional agreement tabled by the committee responsible under Rule 73d(4) shall be given priority in voting and shall be put to a single vote, unless, at the request of a political group or at least 40 Members, Parliament decides instead to proceed with the vote on amendments in accordance with paragraph 1b. In that case, Parliament shall also decide whether the vote on the amendments shall take place immediately. If not, Parliament shall set a new deadline for amendments and the vote shall take place at a subsequent sitting.

 

If, in a single vote, the provisional agreement is adopted, the President shall announce that the first reading of Parliament has been concluded.

 

If, in a single vote, the provisional agreement fails to secure the majority of the votes cast, the President shall set a new deadline for amendments to the draft legislative act. Such amendments shall then be put to the vote at a subsequent sitting in order for Parliament to conclude its first reading.

 

1b.  Save where a proposal for rejection has been adopted in accordance with paragraph 1 or a provisional agreement has been adopted in accordance with paragraph 1a, any amendments to the draft legislative act shall then be put to the vote, including, where applicable, individual parts of the provisional agreement where requests have been made for split or separate votes, or competing amendments have been tabled.

 

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

 

After the vote on those amendments has taken place, Parliament shall vote on the whole draft legislative act, amended or otherwise.

 

If the whole draft legislative act, amended or otherwise, is adopted, the President shall announce that the first reading has been concluded, unless, on a proposal of the Chair or the rapporteur of the committee responsible or of a political group or at least 40 Members, Parliament decides to refer the matter back to the committee responsible, for interinstitutional negotiations in accordance with Rules 59a, 73a and 73d.

 

If the whole draft legislative act, as amended or otherwise, fails to secure a majority of the votes cast, the President shall announce that the first reading has been concluded, unless, on a proposal of the Chair or rapporteur of the committee responsible or of a political group or at least 40 Members, Parliament decides to refer the matter back to the committee responsible for reconsideration.

 

1c.  After the votes taken under paragraphs 1 to 1b, and the votes subsequently taken on amendments to the draft legislative resolution relating to procedural requests, if any, the legislative resolution shall be deemed to have been adopted. If necessary, the legislative resolution shall be modified, pursuant to Rule 193(2), in order to reflect the outcome of the votes taken under paragraphs 1 to 1b.

 

The text of the legislative resolution and of Parliament's position shall be forwarded, by the President, to the Council and the Commission, as well as, where the draft legislative act originates from them, to the originating group of Member States, the Court of Justice or the European Central Bank.

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

 

The first reading is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible.

 

All reports tabled under the legislative procedure should comply with Rules 39, 47 and 49. Any non-legislative motion for a resolution tabled by a committee should be in accordance with the referral procedures provided for in Rule 52 or 201.

 

3. The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and the Commission by the President as Parliament's position.

 

Justification

The change of the title aims to clarify what the Rule is about(see also Rule 67a below).

As regards the changes to paragraph 1, it extends the possibility to table a motion for rejection to the political groups (this possibility is not foreseen in the current Rule 60). Otherwise,this sub-paragraph to paragraph 1 regroups the provisions in Rule 60 paras 2 and 3, with few modifications aiming to make its reading clearer. These provisions will be placed here in order to observe the logical sequence of the vote in plenary.Following the discussion in AFCO WG, it was agreed to invert the standard procedure so far (referral back to Committee) with the exceptional procedure (to immediately close the first reading).The reference to the vote on the draft legislative resolution has been deleted following the discussion in AFCO WG on 8/10/2015.

The insertion of paragraph 1 a (new) aims at granting a privileged status to any provisional agreement reached through informal negotiations in trilogue in accordance with Rule 73, by putting it to a single vote before any other amendments tabled. However, on request by political group/40 members, the Parliament will take a decision on the voting order. Thus, all political groups will have the possibility to ask for split votes and to table amendments to the Commission's proposal at plenary stage within the usual deadlines, but it would be for the plenary to decide the voting order.

The insertion of paragraph 1 a, subparagraph 3(new) is necessary as under paragraph 2 amendments would have been already tabled. Usual practice is that amendments which would not have been put to vote under paragraph 2 would be put to vote at the next voting session.

As regards, paragraph 1 b, subparagraphs 3 to 5 (new) - technical adaptation of the text following AFCO WG decision not to have a vote on the draft legislative resolution anymore.Provision corresponding to current rule 61 paragraph 2, second subparagraph.Provision currently in Rule 60 paragraph 3.

Current Rule 59 §3 is inserted as paragraph 1 c (new), subparagraph 2.

Amendment    61

Parliament's Rules of Procedure

Rule 59 a (new)

Present text

Amendment

 

Rule 59 a

 

Referral back to the committee responsible

 

If in accordance with Rule 59, a matter is referred back to the committee responsible for reconsideration or for interinstitutional negotiations in accordance with Rules 73a and 73d, the committee responsible shall, orally or in writing, report to Parliament within four months, which period may be extended by the Conference of Presidents.

 

Following a referral back to committee, the lead committee must, before taking a decision on the procedure to be followed, allow an associated committee, as Rule 54 provides, to make choices as to the amendments which fall within its exclusive competence, and in particular to choose which amendments are to be resubmitted in plenary.

 

Nothing prevents Parliament from deciding to hold, if appropriate, a concluding debate following the report by the Committee responsible to which the matter was referred back

 

(The last two paragraphs are inserted as interpretations)

Justification

The proposed amendment increases the deadline from two to four months, as two months proved to be an extremely tight deadline for making any significant progress on legislative files. Moreover, the possibility of having it extended by the CoP was added in order to clarify the provision currently in Rule 61 paragraph 2, 2nd subparagraph.

The first paragraph of the comes from the interpretation currently in Rule 60 paragraph 3.

As regards the second paragraph of the interpretation, it comes from Rule 61 (2), fourth subparagraph as adopted on 15 September 2016.

Amendment    62

Parliament's Rules of Procedure

Rule 60

Present text

Amendment

Rule 60

deleted

Rejection of a Commission proposal

 

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

 

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

 

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

 

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

 

Following a referral back to committee pursuant to paragraph 3, the lead committee must, before taking a decision on the procedure to be followed, allow an associated committee, as provided for in Rule 54, to make choices as to the amendments which fall within its exclusive competence, and in particular to choose which amendments are to be resubmitted in plenary.

 

The time-limit laid down in the second subparagraph of paragraph 3 applies to the tabling in writing, or the oral presentation, of the report of the committee responsible. It does not apply to Parliament's decision as to the appropriate juncture at which to continue consideration of the procedure in question.

 

4.  If the committee responsible is unable to meet the deadline, it shall request referral back to committee pursuant to Rule 188(1). If necessary, Parliament may set a new time-limit pursuant to Rule 188(5). If the committee's request is not accepted, Parliament shall proceed to the vote on the draft legislative resolution.

 

Justification

This deleteion is proposed as the case of rejection, with slight adaptations to reflect current practice, is covered by new draft Rules 59 and 59a.

Amendment    63

Parliament's Rules of Procedure

Rule 61

Present text

Amendment

Rule 61

deleted

Adoption of amendments to a Commission proposal

 

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

 

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

 

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

 

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

 

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

 

If the committee responsible is unable to meet the deadline, the procedure provided for in Rule 60(4) shall be applied.

 

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

 

Nothing prevents Parliament from deciding to hold, if appropriate, a concluding debate following the report by the Committee responsible to which the matter has been referred back.

 

3.  Application of paragraph 2 does not preclude a request for referral being tabled by other Members pursuant to Rule 188.

 

A committee to which a matter has been referred back under paragraph 2 is principally required under the terms of that referral to report within the deadline given and, where appropriate, to table amendments seeking to reach a compromise with the Commission, but not to reconsider all the provisions approved by Parliament.

 

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

 

In such cases, in view of the fact that the only admissible amendments from the committee are those seeking to reach a compromise, and with a view to preserving Parliament's sovereignty, the report referred to in paragraph 2 must clearly state which provisions already approved would fall if the proposed amendments were adopted.

 

Justification

The deletion proposed as all the provisions which are not obsolete given that today the Parliament negotiates with the Council, are covered by new draft Rules 59 and 59a.

The interpretation under paragraph 2 has been moved to Rule 59a.

Amendment    64

Parliament's Rules of Procedure

Title II – chapter 3 – subtitle 3

Present text

Amendment

Follow-up procedure

deleted

Amendment    65

Parliament's Rules of Procedure

Rule 62

Present text

Amendment

Rule 62

deleted

Follow-up to Parliament's position

 

1.  In the period following the adoption by Parliament of its position on a proposal by the Commission, the Chair and the rapporteur of the committee responsible shall monitor the progress of the proposal over the course of the procedure leading to its adoption by the Council, in particular to ensure that the undertakings given by the Council or the Commission to Parliament concerning its position are properly observed.

 

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

 

3.  At any stage of the follow-up procedure the committee responsible may, if it deems it necessary, table a motion for a resolution under this Rule recommending that Parliament:

 

– call upon the Commission to withdraw its proposal, or

 

– call upon the Commission or the Council to refer the matter to Parliament once again pursuant to Rule 63, 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 the decision by the committee.

 

Justification

To be moved to new chapter 4 on consultation procedure.

Amendment    66

Parliament's Rules of Procedure

Rule 63

Present text

Amendment

Rule 63

Rule 63

Renewed referral to Parliament

Renewed referral to Parliament

Ordinary legislative procedure

 

1.  The President shall, at the request of the committee responsible, ask the Commission to refer its proposal again to Parliament in cases:

1.  The President shall, at the request of the committee responsible, ask the Commission to refer its proposal again to Parliament where:

  where the Commission withdraws its initial proposal after Parliament has adopted its position, in order to replace it with another text, except where this is done in order to take account of Parliament's position; or

 

–   where the Commission substantially amends or intends to amend its initial proposal, except where this is done in order to take account of Parliament's position; or

–  the Commission replaces, substantially amends or intends to substantially amend its initial proposal after Parliament has adopted its position, except where this is done in order to take account of Parliament's position;

where, through the passage of time or changes in circumstances, the nature of the problem with which the proposal is concerned substantially changes; or

– the nature of the problem with which the proposal is concerned substantially changes as a result of passage of time or changes in circumstances; or

where new elections to Parliament have taken place since it adopted its position, and the Conference of Presidents considers it desirable.

– new elections to Parliament have taken place since it adopted its position, and the Conference of Presidents considers it desirable.

 

1a.  Where a modification of the legal basis of a proposal is envisaged which would result in the ordinary legislative procedure no longer applying to that proposal, the Parliament, Council and Commission will, pursuant to paragraph 25 of the Interinstitutional agreement on Better Law Making, exchange views thereon through their respective Presidents or their representatives.

2.  Parliament shall, at the request of the committee responsible, ask the Council to refer again to Parliament a proposal submitted by the Commission pursuant 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 that the ordinary legislative procedure will no longer apply.

2.  Following the exchange of views referred to in paragraph 1a, the President shall, at the request of the committee responsible, ask the Council to refer the draft legally binding act to Parliament again, where the Commission or the Council intends to modify the legal basis provided for in Parliament's position at first reading, with the result that the ordinary legislative procedure would no longer apply.

Other procedures

 

3.  At the request of the committee responsible, the President shall call on the Council to reconsult Parliament in the same circumstances and under the same conditions as those set out in paragraph 1, and also where the Council substantially amends or intends to amend the proposal on which Parliament originally delivered its opinion, 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 again to Parliament in the circumstances defined in this Rule where Parliament so decides on a proposal from a political group or at least 40 Members.

 

Justification

The subsection titles can be deleted as it is going to be part of the OLP chapter.

Paragraph 1, indent 2 is to be deleted as it is merged with the indent above.

Paragraphs 3 and 4 slightly modified will be moved to a new CHAPTER 4 on consultation procedure.

Amendment    67

Parliament's Rules of Procedure

Title II – chapter 4 – title

Present text

Amendment

CHAPTER 4

SECTION 2

SECOND READING

SECOND READING

Amendment    68

Parliament's Rules of Procedure

Title II – chapter 4 – subtitle 1

Present text

Amendment

Committee stage

deleted

Amendment    69

Parliament's Rules of Procedure

Rule 64

Present text

Amendment

Rule 64

Rule 64

Communication of the Council's position

Communication of the Council's position

1.  Communication of the Council's position pursuant to Article 294 of the Treaty on the Functioning of the European Union takes place when it is announced by the President in Parliament. The President shall make the announcement after receiving the documents which contain the position itself, all declarations made in the Council minutes when it adopted the position, the reasons which led the Council to adopt its position, and the Commission's position, duly translated into the official languages of the European Union. The President's announcement shall be made during the part-session following the receipt of such documents.

1.  Communication of the Council's position pursuant to Article 294 of the Treaty on the Functioning of the European Union takes place when it is announced by the President in Parliament. The President shall make the announcement after receiving the documents which contain the position itself, all declarations made in the Council minutes when it adopted the position, the reasons which led the Council to adopt its position, and the Commission's position, duly translated into the official languages of the European Union. The President's announcement shall be made during the part-session following the receipt of such documents.

Before making the announcement, the President establishes, after consulting the Chair of the committee responsible and/or the rapporteur, that the text received is indeed a Council's first reading position and that the circumstances described in Rule 63 do not apply. Failing this, the President, together with the committee responsible and, where possible, in agreement with the Council, seeks an appropriate solution.

Before making the announcement, the President establishes, after consulting the Chair of the committee responsible and/or the rapporteur, that the text received is indeed a Council's first reading position and that the circumstances described in Rule 63 do not apply. Failing this, the President, together with the committee responsible and, where possible, in agreement with the Council, seeks an appropriate solution.

 

1a.  On the day of its announcement in Parliament, the Council's position shall be deemed to have been referred automatically to the committee responsible at first reading.

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

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

Justification

Paragraph 1 a (new) is moved here from Rule 66 paragraph 1.

Amendment    70

Parliament's Rules of Procedure

Rule 65

Present text

Amendment

Rule 65

Rule 65

Extension of time limits

Extension of time limits

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

1.  The President shall, at the request of the Chair of the committee responsible, extend the time-limits for second reading in accordance with Article 294(14) of the Treaty on the Functioning of the European Union.

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

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

Justification

Rule 65 is included in the chapter on second reading but covers in fact both second and third readings. The provision currently in paragraph1 - the extension of time limits in third reading is provided for in new Rule 69a.

Amendment    71

Parliament's Rules of Procedure

Rule 66

Present text

Amendment

Rule 66

Rule 66

Referral to and procedure in the committee responsible

Procedure in the committee responsible

1.  On the day of its communication to Parliament pursuant to Rule 64(1), the Council's position shall be deemed to have been referred automatically to the committee 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 of the first meeting of the committee responsible following the date of its communication. The Council may be invited to present its position.

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

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

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

4.  The provisions for Parliament's second reading in Rule 69(2), (3) and (5) shall apply to the proceedings in the committee responsible; only members or permanent substitutes of that committee may table proposals for rejection and amendments. The committee shall decide by a majority of the votes cast.

4.  The provisions concerning the admissibility of the amendments to the Council's position in Rule 69(2) and (3) shall apply to the proceedings in the committee responsible; only members or permanent substitutes of that committee may table proposals for rejection and amendments. The committee shall decide by a majority of the votes cast.

5.  Before voting, the committee may request the Chair and rapporteur to discuss amendments that have been tabled in the committee with the President of the Council 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 second reading proposing the approval, amendment or rejection of the position adopted by the Council. The recommendation shall include a short justification for the decision proposed.

6.  The committee responsible shall submit a recommendation for second reading proposing the approval, amendment or rejection of the position adopted by the Council. The recommendation shall include a short justification for the decision proposed.

 

6a.  Rules 49, 50, 53 and 188 shall not apply during second reading.

Justification

Paragraph 1 is deleted here and moved, as amended, to Rule 64(1a). The end of the paragraph ("referred automatically to... the committees asked for their opinion at first reading.") is misleading. The committees asked for an opinion do not intervene in second reading, except if they are "associated committees" in the meaning of Rule 54 (see Rule 47(4) and 3rd paragraph of interpretation of Rule 54).

As regards the deletion of paragraph 5, this provision is not in line with (the current and revised) Rule 73, which provide for the intervention of the negotiation team (not only the chair and rapporteur).

As regards the insertion of paragraph 6 a (new), it is moved here, with modifications, from current Rule 47 (4).

Amendment    72

Parliament's Rules of Procedure

Title II – chapter 4 – subtitle 2

Present text

Amendment

Plenary stage

deleted

Amendment    73

Parliament's Rules of Procedure

Rule 67

Present text

Amendment

Rule 67

Rule 67

Conclusion of second reading

Submission to Parliament

1.  The Council's position and, where available, the recommendation for second reading of the committee responsible shall automatically be placed on the draft agenda for the part-session whose Wednesday falls before and closest to the day of expiry of the period of three months or, if extended in accordance with Rule 65, of four months, unless the matter has been dealt with at an earlier part-session.

The Council's position and, where available, the recommendation for second reading of the committee responsible shall automatically be placed on the draft agenda for the part-session whose Wednesday falls before and closest to the day of expiry of the period of three months or, if extended in accordance with Rule 65, of four months, unless the matter has been dealt with at an earlier part-session.

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

 

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

 

Justification

Paragraph 2 to be deleted here and moved, as amended, to Rule 67 a § 5

Amendment    74

Parliament's Rules of Procedure

Rule 67 a (new)

Present text

Amendment

 

Rule 67 a

 

Vote in Parliament – second reading

 

1.  Parliament shall first vote on any proposal for the immediate rejection of Council's position that has been tabled in writing by the committee responsible, a political group or at least 40 Members. For it to be adopted, such a proposal shall require the votes of a majority of the component Members of Parliament.

 

If that proposal for rejection is adopted, resulting in the rejection of the Council's position, the President shall announce in Parliament that the legislative procedure is closed.

 

If that proposal for rejection is not adopted, Parliament shall then proceed in accordance with paragraphs 2 to 5.

 

2.  Any provisional agreement tabled under Rule 73d(4) by the committee responsible shall be given priority in voting and put to a single vote, unless, at the request of a political group or at least 40 Members, Parliament decides to proceed immediately with the vote on amendments in accordance with paragraph 3.

 

If, in a single vote, the provisional agreement secures the votes of a majority of the component Members of Parliament, the President shall announce that the second reading of Parliament has been concluded.

 

If, in a single vote, the provisional agreement fails to secure the majority of the component Members of Parliament, Parliament shall then proceed in accordance with paragraphs 3 to 5.

 

3.  Save where a proposal for rejection has been adopted in accordance with paragraph 1 or a provisional agreement has been adopted in accordance with paragraph 2, any amendments to the Council's position, including those contained in the provisional agreement tabled by the committee responsible under Rule 73d(4), shall then be put to the vote. Any amendment to the Council's position shall be adopted only if it secures the votes of a majority of the component Members of Parliament.

 

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

 

4.  Notwithstanding a vote by Parliament against the initial proposal to reject the Council's position under paragraph 1, Parliament may, on the proposal of the Chair or the rapporteur of the committee responsible or of a political group or at least 40 Members, consider a further proposal for rejection after voting on the amendments under paragraphs 2 or 3. For it to be adopted, such a proposal shall require the votes of a majority of the component Members of Parliament.

 

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

 

5.  After the votes taken under paragraphs 1 to 4 and the votes subsequently taken on amendments to the draft legislative resolution relating to procedural requests, the President shall announce that the second reading of Parliament has been concluded and the legislative resolution shall be deemed to have been adopted. If necessary, the legislative resolution shall be modified, pursuant to Rule 193(2), in order to reflect the outcome of the votes taken under paragraphs 1 to 4 or the application of Rule 76.

 

The text of the legislative resolution and of Parliament's position, if any, shall be forwarded by the President to the Council and to the Commission.

 

Where no proposal to reject or amend the Council's position has been tabled, it shall be deemed to have been approved.

Justification

The changes in paragraph 1correspond to current Rule 68 paragraph 1, those in paragraph 2 aim at aligning it withthe provision on the vote of the agreed text in plenary at first reading. The modification in paragraph 4 aims at extending the possibility to propose the rejection to the Chair and to a political group or at least 40 members (as compared to the current Rule 68(2)). This provision currently in Rule 171 paragraph 2 subparagraph a, is moved to the end of this Rule and deleted in the abovementioned Rule.

Amendment    75

Parliament's Rules of Procedure

Rule 68

Present text

Amendment

Rule 68

deleted

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 the Council's position. Such a proposal shall require for adoption the votes of a majority of the component Members of Parliament. A proposal to reject the Council's position shall be voted on before voting on any amendments.

 

2.  Notwithstanding a vote by Parliament against the initial proposal to reject the Council's position, Parliament may, on the recommendation of the rapporteur, consider a further proposal for rejection after voting on the amendments and hearing a statement from the Commission pursuant to Rule 69(5).

 

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

 

Justification

This Rule will be deleted as the case of rejection would be covered by new draft Rule 67a.

Amendment    76

Parliament's Rules of Procedure

Rule 69

Present text

Amendment

Rule 69

Rule 69

Amendments to the Council's position

Admissibility of amendments to the Council's position

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

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

2.  An amendment to the Council's position shall be admissible only if it complies with Rules 169 and 170 and seeks:

2.  An amendment to the Council's position shall be admissible only if it complies with Rules 169 and 170 and seeks:

(a)  to restore wholly or partly the position adopted by Parliament at its first reading; or

(a)  to restore wholly or partly the position adopted by Parliament at its first reading; or

(b)  to reach a compromise between the Council and Parliament; or

(b)  to reach a compromise between the Council and Parliament; or

(c)  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 which does not amount to a substantial change within the meaning of Rule 63; or

(c)  to amend a part of the text of a Council position which was not included in - or differs in content from - the proposal submitted at first reading; or

(d)  to take account of a new fact or legal situation which has arisen since the first reading.

(d)  to take account of a new fact or legal situation which has arisen since the adoption of Parliament's position at first reading.

The President's discretion to declare an amendment admissible or inadmissible may not be questioned.

The President's discretion to declare an amendment admissible or inadmissible may not be questioned.

3.  If new elections have taken place since the first reading, but Rule 63 has not been invoked, the President may decide to waive the restrictions on admissibility laid down in paragraph 2.

3.  If new elections have taken place since the first reading, but Rule 63 has not been invoked, the President may decide to waive the restrictions on admissibility laid down in paragraph 2.

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

 

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

 

Justification

The changes to paragraph 2 subparagraph 1 point c, are proposed because the passage "and which does not amount to a substantial change within the meaning of Rule 63" might be understood as an additional condition for admissibility.

Paragraphs 4 and 5 will be deleted as they will be covered in Rule 67a paragraph 3.

Amendment    77

Parliament's Rules of Procedure

Title II – chapter 5 – title

Present text

Amendment

CHAPTER 5

SECTION 4

THIRD READING

CONCILIATION AND THIRD READING

Amendment    78

Parliament's Rules of Procedure

Title II - chapter 5 – subtitle 1

Present text

Amendment

Conciliation

deleted

Amendment    79

Parliament's Rules of Procedure

Rule 69 b (new)

Present text

Amendment

 

Rule 69 b

 

Extension of time limits

 

1.  The President shall, at the request of Parliament's delegation to the conciliation committee, extend the time limits for third reading in accordance with Article 294(14) of the Treaty on the Functioning of the European Union.

 

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

Amendment    80

Parliament's Rules of Procedure

Rule 71

Present text

Amendment

Rule 71

Rule 71

Delegation to the Conciliation Committee

Delegation to the Conciliation Committee

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

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

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

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

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

3.  The members of the delegation shall be appointed by the political groups for each conciliation case, preferably from among the members of the committee responsible, except for three members who shall be appointed as permanent members of successive delegations for a period of 12 months. The three permanent members shall be appointed by the political groups from among the Vice-Presidents and shall represent at least two different political groups. The chair and the rapporteur in second reading of the committee responsible as well as the rapporteur of any associated committee shall in each case be members of the delegation.

4.  The political groups represented on the delegation shall appoint substitutes.

4.  The political groups represented on the delegation shall appoint substitutes.

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

5.  Political groups not represented on the delegation may each send one representative to any internal preparatory meeting of the delegation. If the delegation does not include any non-attached Members, one non-attached Member may attend any internal preparatory meeting of the delegation.

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

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

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

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

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

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

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

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

Justification

As regards the changes to paragraph 3, the addition of the "rapporteur of any associated committee" reflects the last indent of Rule 54.

Paragraph 5 is redrafted, in order to clearly show that all non-attached Members are represented collectively by one person only.

Amendment    81

Parliament's Rules of Procedure

Title II - chapter 5 – subtitle 2

Present text

Amendment

Plenary stage

deleted

Amendment    82

Parliament's Rules of Procedure

Rule 72

Present text

Amendment

Rule 72

Rule 72

Joint text

Joint text

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

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

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

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

3.  No amendments may be tabled to the joint text.

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 text shall be approved if it secures a majority of the votes cast.

4.  The joint text as a whole shall be the subject of a single vote. The joint text shall be approved if it secures a majority of the votes cast.

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

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

 

5a.  During the conciliation procedure between Parliament and the Council following the second reading, no referral back to committee shall take place.

 

5b.  Rules 49, 50 and 53 shall not apply during third reading.

Justification

Paragraph 5 a (new) is reinserted here from Rule 47(3) andparagraph 5 b (new) from Rule 47(4).

Amendment    83

Parliament's Rules of Procedure

Title II – chapter 6 – title

Present text

Amendment

CHAPTER 6

SECTION 5

CONCLUSION OF THE LEGISLATIVE PROCEDURE

CONCLUSION OF THE PROCEDURE

Justification

To be moved down before Rule 78.

Amendment    84

Parliament's Rules of Procedure

Title II – chapter 3 – section 3 (new)

Present text

Amendment

 

SECTION 3

 

INTERINSTITUTIONAL NEGOTIATIONS DURING THE ORDINARY LEGISLATIVE PROCEDURE

 

(Section 3 shall be inserted before section 4 on Conciliation and third reading and shall contain Rule 73, as amended, and Rule 73a to 73d).

Amendment    85

Parliament's Rules of Procedure

Rule 73

Present text

Amendment

Rule 73

Rule 73

Interinstitutional negotiations in legislative procedures

General provisions

1.  Negotiations with the other institutions aimed at reaching an agreement in the course of a legislative procedure shall be conducted having regard to the Code of Conduct laid down by the Conference of Presidents10 .

Negotiations with the other institutions aimed at reaching an agreement in the course of a legislative procedure may only be entered into following a decision taken in accordance with the Rules 73a to 73c or following a referral back by Parliament for interinstitutional negotiations. Such negotiations shall be conducted having regard to the Code of Conduct laid down by the Conference of Presidents10.

2.  Such negotiations shall not be entered into prior to the adoption by the committee responsible, on a case-by-case basis for every legislative procedure concerned and by a majority of its members, of a decision on the opening of negotiations. That decision shall determine the mandate and the composition of the negotiating team. Such decisions shall be notified to the President, who shall keep the Conference of Presidents informed on a regular basis.

 

The mandate shall consist of a report adopted in committee and tabled for later consideration by Parliament. By way of exception, where the committee responsible considers it duly justified to enter into negotiations prior to the adoption of a report in committee, the mandate may consist of a set of amendments or a set of clearly defined objectives, priorities or orientations.

 

3.  The negotiating team shall be led by the rapporteur and presided over by the Chair of the committee responsible or by a Vice-Chair designated by the Chair. It shall comprise at least the shadow rapporteurs from each political group.

 

4.  Any document intended to be discussed in a meeting with the Council and the Commission ("trilogue") shall take the form of a document indicating the respective positions of the institutions involved and possible compromise solutions and shall be circulated to the negotiating team at least 48 hours, or in cases of urgency at least 24 hours, in advance of the trilogue in question.

 

After each trilogue the negotiating team shall report back to the following meeting of the committee responsible. Documents reflecting the outcome of the last trilogue shall be made available to the committee.

 

Where it is not feasible to convene a meeting of the committee in a timely manner, the negotiating team shall report back to the Chair, the shadow rapporteurs and the coordinators of the committee, as appropriate.

 

The committee responsible may update the mandate in the light of the progress of the negotiations.

 

5.  If the negotiations lead to a compromise, the committee responsible shall be informed without delay. The agreed text shall be submitted to the committee responsible for consideration. If approved by a vote in committee, the agreed text shall be tabled for consideration by Parliament in the appropriate form, including compromise amendments. It may be presented as a consolidated text provided that it clearly displays the modifications to the proposal for a legislative act under consideration.

 

6.  Where the procedure involves associated committees or joint committee meetings, Rules 54 and 55 shall apply to the decision on the opening of negotiations and to the conduct of such negotiations.

 

In the event of disagreement between the committees concerned, the modalities for the opening of negotiations and the conduct of such negotiations shall be determined by the Chair of the Conference of Committee Chairs in accordance with the principles set out in those Rules.

 

__________________

__________________

10 See Annex XX.

10 Code of Conduct for negotiating in the context of the ordinary legislative procedures.

Amendment  86

Parliament's Rules of Procedure

Rule 73 a (new)

Present text

Amendment

 

Rule 73a

 

Negotiations ahead of Parliament's first reading

 

1.   Where a committee has adopted a legislative report pursuant to Rule 49, it may decide, by a majority of its members, to enter into negotiations on the basis of that report.

 

2.   Decisions to enter into negotiations shall be announced at the beginning of the part-session following their adoption in committee. By the end of the day following the announcement in Parliament, political groups or individual members who together constitute at least one tenth of the Members of Parliament may request in writing that a committee decision to enter into negotiations be put to the vote. Parliament shall vote on such requests during the same part-session.

 

If no such request is received by the expiry of the deadline laid down in subparagraph 1, the President shall inform the Parliament that this is the case. If a request is made, the President may, immediately prior to the vote, give the floor to one speaker in favour and to one speaker against. Each speaker may make a statement lasting no more than two minutes.

 

3.   If Parliament rejects the committee’s decision to enter into negotiations, the draft legislative act and the report of the committee responsible shall be placed on the agenda of the following part-session, and the President shall set a deadline for amendments. Rule 59(1b) shall apply.

 

4.  Negotiations may start at any time after the deadline laid down in the first subparagraph of paragraph 2 has expired without a request for a vote in Parliament on the decision to enter into negotiations being made. If such a request has been made, negotiations may start at any time after the committee decision to enter into negotiations has been approved in Parliament.

Justification

The correction concerns the deletion of the last words of paragraph 4 of amendment 263, since the majority referred to is the normal one and does not need to be specified. It also changes the words “plenary vote” to "a vote in Parliament" in paragraph 4.

Amendment    87

Parliament's Rules of Procedure

Rule 73 b (new)

Present text

Amendment

 

Rule 73b

 

Negotiations ahead of Council's first reading

 

Where the Parliament has adopted its position at first reading, this shall constitute the mandate for any negotiations with other institutions. The committee responsible may decide, by a majority of its members, to enter into negotiations at any time thereafter. Such decisions shall be announced in Parliament during the part-session following the vote in committee and reference to them shall be included in the minutes.

Amendment    88

Parliament's Rules of Procedure

Rule 73 c (new)

Present text

Amendment

 

Rule 73c

 

Negotiations ahead of Parliament's second reading

 

Where the Council position at first reading has been referred to the committee responsible, Parliament's position at first reading shall, subject to Rule 69, constitute the mandate for any negotiations with other institutions. The committee responsible may decide to enter into negotiations at any time after.

 

Where the Council position contains elements not covered by the draft legislative act or by the Parliament's position at first reading, the committee may adopt guidelines, including in the form of amendments to the Council position, for the negotiating team.

Amendment    89

Parliament's Rules of Procedure

Rule 73 d (new)

Present text

Amendment

 

Rule 73d

 

Conduct of negotiations

 

1.   Parliament's negotiating team shall be led by the rapporteur and shall be presided over by the Chair of the committee responsible or by a Vice-Chair designated by the Chair. It shall comprise at least the shadow rapporteurs from each political group that wishes to participate.

 

2.   Any document intended to be discussed in a meeting with the Council and the Commission ("trilogue") shall be circulated to the negotiating team at least 48 hours, or in cases of urgency at least 24 hours, in advance of the trilogue in question.

 

3.   After each trilogue the Chair of the negotiating team and the Rapporteur, on behalf of the negotiating team, shall report back to the next meeting of the committee responsible.

 

Where it is not feasible to convene a meeting of the committee in a timely manner, the Chair of the negotiating team and the Rapporteur, on behalf of the negotiating team, shall report back to a meeting of the committee coordinators.

 

4.   If negotiations lead to a provisional agreement, the committee responsible shall be informed without delay. Documents reflecting the outcome of the last trilogue shall be made available to the committee and be published. The provisional agreement shall be submitted to the committee responsible, which shall decide by way of a single vote by a majority of the votes cast. If approved, it shall be tabled for consideration by Parliament, in a presentation which clearly indicates the modifications to the draft legislative act.

 

5.   In the event of disagreement between the committees concerned under Rules 54 and 55, the detailed rules for the opening of negotiations and the conduct of such negotiations shall be determined by the Chair of the Conference of Committee Chairs in accordance with the principles set out in those Rules.

Amendment    90

Parliament's Rules of Procedure

Rule 74

Present text

Amendment

Rule 74

deleted

Approval of a decision on the opening of interinstitutional negotiations prior to the adoption of a report in committee

 

1.  Any decision by a committee on the opening of negotiations prior to the adoption of a report in committee shall be translated into all the official languages, distributed to all Members of Parliament and submitted to the Conference of Presidents.

 

At the request of a political group, the Conference of Presidents may decide to include the item, for consideration with a debate and vote, in the draft agenda of the part-session following the distribution, in which case the President shall set a deadline for the tabling of amendments.

 

In the absence of a decision by the Conference of Presidents to include the item in the draft agenda of that part-session, the decision on the opening of negotiations shall be announced by the President at the opening of that part-session.

 

2.  The item shall be included in the draft agenda of the part-session following the announcement, for consideration with a debate and vote, and the President shall set a deadline for the tabling of amendments where a political group or at least 40 Members so request within 48 hours after the announcement.

 

Otherwise, the decision on the opening of the negotiations shall be deemed to be approved.

 

Amendment    91

Parliament's Rules of Procedure

Rule 75

Present text

Amendment

Rule 75

Rule 63a

First-reading agreement

First-reading agreement

Where, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, the Council has informed Parliament that it has approved Parliament's position, the President, following finalisation in accordance with Rule 193, shall announce in Parliament that the proposal has been adopted in the wording which corresponds to the position of Parliament.

Where, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, the Council has informed Parliament that it has approved Parliament's position, the President, following finalisation in accordance with Rule 193, shall announce in Parliament that the legislative act has been adopted in the wording which corresponds to the position of Parliament.

 

(This Rule shall be moved to the end of section 1 on first reading.)

Justification

Shall be moved to the end of section 1 above on 1st reading

Amendment    92

Parliament's Rules of Procedure

Rule 76

Present text

Amendment

Rule 76

Rule 69a

Second-reading agreement

Second-reading agreement

Where no motion to reject the Council's position, and no amendments to that position, are adopted under Rules 68 and 69 within the time limits set for tabling and voting on amendments or proposals to reject, the President shall announce in Parliament that the proposed 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 the European Union, in accordance with Rule 78.

Where no proposal to reject the Council's position and no amendments to that position are tabled under Rules 67a and 69 within the time limits set for tabling and voting on amendments or proposals to reject, the President shall announce in Parliament that the proposed act has been finally adopted.

 

(This Rule shall be moved to the end of section 2 on second reading.)

Justification

Contents of last sentence moved to Rule 78.

Amendment    93

Parliament's Rules of Procedure

Rule 77

Present text

Amendment

Rule 77

deleted

Requirements for the drafting of legislative acts

 

1.  Acts adopted jointly by Parliament and the Council in accordance with the ordinary legislative procedure shall indicate the nature of the relevant act followed by the 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 the following:

 

(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 the words "Having regard to";

 

(c) a citation containing a reference to proposals submitted, opinions obtained and consultations held;

 

(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 this Directive" 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 and sections.

 

4.  The last article of an act shall specify the date of entry into force, where that 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 the Treaties, 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 The President", followed by the name of the President of Parliament and of the President-in-Office of the Council at the time when the act was adopted.

 

Justification

This Rule will be deleted here and transformed into an Annex to the Rules.The Rules of Procedure of the Council contain similar provisions in an annex, not in the text itself.Detailed rules on the drafting of legislative acts have been agreed by Parliament, Council and Commission at administrative level (in particular in the Joint Practical Guide for the persons involved in the drafting of European Union legislation).

Amendment    94

Parliament's Rules of Procedure

Rule 78

Present text

Amendment

Rule 78

Rule 78

Signing of adopted acts

Signing and publication of adopted acts

After finalisation of the text adopted in accordance with Rule 193 and once it has been verified that all the procedures have been duly completed, acts adopted in accordance with the ordinary legislative procedure shall be signed by the President and the Secretary-General and shall be published in the Official Journal of the European Union by the Secretaries-General of Parliament and of the Council.

After finalisation of the text adopted in accordance with Rule 193 and Annex XVIa and once it has been verified that all the procedures have been duly completed, acts adopted in accordance with the ordinary legislative procedure shall be signed by the President and the Secretary-General.

 

The Secretaries-General of Parliament and of the Council shall then arrange for the publication of the act in the Official Journal of the European Union.

Justification

The change aims to establish the legal basis for the new Annex created with the text of current Rule 77.

Amendment    95

Parliament's Rules of Procedure

Title II – chapter 4 (new)

Present text

Amendment

 

CHAPTER 4

 

PROVISIONS SPECIFIC TO THE CONSULTATION PROCEDURE

 

(This shall be introduced after Rule 78)

Justification

The correction concerns only the title of Chapter 4 in order to avoid the impression that this chapter lays down all the procedures for the consultation procedure.

Amendment    96

Parliament's Rules of Procedure

Rule 78 a (new)

Present text

Amendment

 

Rule 78 a

 

Modified proposal for a legally binding act

 

If the Commission intends to replace or modify its proposal for a legally binding act, the committee responsible may postpone its examination of the matter until it has received the new proposal or the amendments of the Commission.

Justification

This provision is current Rule 57 paragraph 1 and the changes suggested aim to simplfy the text.

Amendment    97

Parliament's Rules of Procedure

Rule 78 b (new)

Present text

Amendment

 

Rule 78 b

 

Commission position on amendments

 

Before the committee responsible proceeds to the final vote on a proposal for a legally binding act, it may ask the Commission to state its position on all the amendments to the proposal adopted by the committee.

 

If appropriate, that position shall be included in the report.

Justification

This provision is currently in Rule 58 and the changes suggested aim to simplfy the text.

Amendment    98

Parliament's Rules of Procedure

Rule 78 c (new)

Present text

Amendment

 

Rule 78 c

 

Vote in Parliament

 

Rule 59 (-1), (1), (1b) and (1c) shall apply mutatis mutandis.

Amendment    99

Parliament's Rules of Procedure

Rule 78 d (new)

Present text

Amendment

 

Rule 78 d

 

Follow-up to Parliament's position

 

1.  In the period following the adoption by Parliament of its position on a draft legally binding act, the Chair and the rapporteur of the committee responsible shall monitor the progress of that draft act over the course of the procedure leading to its adoption by the Council, in particular in order to ensure that any undertakings given by the Council or the Commission to Parliament concerning its position are properly observed. They shall report back to the committee regularly.

 

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

 

3.  At any stage of the follow-up procedure, the committee responsible may, if it deems it to be necessary, table a motion for a resolution recommending that Parliament:

 

  call upon the Commission to withdraw its proposal,

 

  call upon the Commission or the Council to refer the matter to Parliament once again pursuant to Rule 78e, or upon the Commission to present a new proposal, or

 

  decide to take any other action that it deems to be appropriate.

 

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

Justification

The provision is moved here from current Rule 62.

Amendment    100

Parliament's Rules of Procedure

Rule 78 e (new)

Present text

Amendment

 

Rule 78 e

 

Renewed referral to Parliament

 

1.  At the request of the committee responsible, the President shall call on the Council to reconsult Parliament in the same circumstances and under the same conditions as those set out in Rule 63(1), as well as where the Council substantially amends or intends to amend the draft legally binding act on which Parliament originally delivered its position, except where this is done in order to incorporate Parliament's amendments.

 

2.  The President shall also request that a draft legally binding act be referred again to Parliament in the circumstances defined in this Rule where Parliament so decides on a proposal from a political group or at least 40 Members.

Justification

Paragraph 1 is moved here from Rule 63(3), while Paragraph 2 is moved from Rule 63(4).

Amendment    101

Parliament's Rules of Procedure

Title II – chapter 7 – numbering

Present text

Amendment

CHAPTER 7

CHAPTER 5

CONSTITUTIONAL MATTERS

CONSTITUTIONAL MATTERS

Justification

Chapter 7 becomes Chapter 5.

Amendment    102

Parliament's Rules of Procedure

Rule 81

Present text

Amendment

Rule 81

Rule 81

Accession treaties

Accession treaties

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

1.  Any application by a European State to become a member of the European Union in accordance with Article 49 of the Treaty on European Union shall be referred for consideration to the committee responsible.

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

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

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

3.  The committee responsible shall request the Commission and the Council to provide it with full and regular information about the progress of negotiations, if necessary on a confidential basis.

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

4.  At any stage of the negotiations Parliament may, on the basis of a report from the committee responsible, adopt recommendations and require these to be taken into account before the conclusion of a Treaty for the accession of an applicant State to 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 with Rule 99.

5.  When the negotiations are completed, but before any agreement is signed, the draft agreement shall be submitted to Parliament for consent in accordance with Rule 99. In accordance with Article 49 of the Treaty on European Union, the consent of Parliament shall require the votes of a majority of its component members.

Justification

The wording is adapted in paragraph 3 in order to avoid a unilateral statement in EP internal Rules about what other Institutions should do.

Amendment    103

Parliament's Rules of Procedure

Rule 83

Present text

Amendment

Rule 83

Rule 83

Breach by a Member State of fundamental principles

Breach by a Member State of fundamental principles and values

1.  Parliament may, on the basis of a specific report of the committee responsible drawn up in accordance with Rules 45 and 52:

1.  Parliament may, on the basis of a specific report of the committee responsible drawn up in accordance with Rules 45 and 52:

(a) vote on a reasoned proposal calling on the Council to act pursuant to Article 7(1) of the Treaty on European Union;

(a) vote on a reasoned proposal calling on the Council to act pursuant to Article 7(1) of the Treaty on European Union;

(b) vote on a proposal calling on the Commission or the Member States to submit a proposal pursuant to Article 7(2) of the Treaty on European Union;

(b) vote on a proposal calling on the Commission or the Member States to submit a 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.

(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 proposal submitted pursuant to Article 7(1) and (2) of the Treaty on European Union along with the observations submitted by the Member State in question shall be announced to Parliament and referred to the committee responsible in accordance with Rule 99. Except in urgent and justified circumstances, Parliament shall take its decision on a proposal from the committee responsible.

2.  Any request from the Council for consent in relation to a proposal submitted pursuant to Article 7(1) and (2) of the Treaty on European Union along with the observations submitted by the Member State in question shall be announced to Parliament and referred to the committee responsible in accordance with Rule 99. Except in urgent and justified circumstances, Parliament shall take its decision on a proposal from the committee responsible.

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

3.  In accordance with Article 354 of the Treaty on the Functioning of the European Union, decisions under paragraphs 1 and 2 shall require a two-thirds majority of the votes cast, constituting a majority of Parliament's component Members.

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

4.  Subject to the authorisation of the Conference of Presidents, the committee responsible may submit an accompanying motion for a resolution. That motion for a resolution shall set out Parliament's views on a serious breach by a Member State, on the appropriate measures to be taken and on varying or revoking those measures.

5.  The committee responsible shall ensure that Parliament is fully informed and, where necessary, asked for its views on all follow-up measures to its consent as given pursuant to paragraph 3. The Council shall be invited to outline developments as appropriate. On a proposal from the committee responsible, drawn up with the authorisation of the Conference of Presidents, Parliament may adopt recommendations to the Council.

5.  The committee responsible shall ensure that Parliament is fully informed and, where necessary, asked for its views on all follow-up measures to its consent as given pursuant to paragraph 3. The Council shall be invited to outline developments as appropriate. On a proposal from the committee responsible, drawn up with the authorisation of the Conference of Presidents, Parliament may adopt recommendations to the Council.

Justification

The change in paragraph 4 is meant to align the wording to the Treaty (Article 7 TEU uses "measures" not “sanctions”).

Amendment    104

Parliament's Rules of Procedure

Rule 84

Present text

Amendment

Rule 84

Rule 84

Composition of Parliament

Composition of Parliament

In due time before the end of a parliamentary term, Parliament may, on the basis of a report drawn up by its committee responsible in accordance with Rule 45, make a proposal to modify its composition. The European Council’s draft decision establishing the composition of Parliament shall be examined in accordance with Rule 99.

In due time before the end of a parliamentary term, Parliament may, on the basis of a report drawn up by its committee responsible in accordance with Article 14(2) of the Treaty on European Union and with Rules 45 and 52, make a proposal to modify its composition. The European Council's draft decision establishing the composition of Parliament shall be examined in accordance with Rule 99.

Justification

As in the other Rules of this Chapter, a reference to the relevant Treaty article is needed (Article 14(2) TEU) as this is the basis for the Parliament's initiative.

Amendment    105

Parliament's Rules of Procedure

Rule 85

Present text

Amendment

Rule 85

Rule 85

Enhanced cooperation between Member States

Enhanced cooperation between Member States

1.  Requests for the introduction of enhanced cooperation between Member States pursuant to Article 20 of the Treaty on European Union shall be referred by the President to the committee responsible for consideration. Rules 39, 41, 43, 47, 57 to 63 and 99 shall apply as appropriate.

1.  Requests for the introduction of enhanced cooperation between Member States pursuant to Article 20 of the Treaty on European Union shall be referred by the President to the committee responsible for consideration. Rule 99 shall apply.

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

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

3.  Acts subsequently proposed under enhanced cooperation, once it is established, shall be dealt with in Parliament under the same procedures as when enhanced cooperation does not apply. Rule 47 shall apply.

3.  Acts subsequently proposed under enhanced cooperation, once it is established, shall be dealt with in Parliament under the same procedures as when enhanced cooperation does not apply. Rule 47 shall apply.

Justification

Several references are deleted as unnecessary or superfluous (the reference to Rules 57 to 63 on first readings, and the reference to Rules 39, 41, 43 and 47 are superfluous). As regards the consent procedure, this is normally governed by Rule 99 only.

Amendment    106

Parliament's Rules of Procedure

Title II – chapter 8 – numbering

Present text

Amendment

CHAPTER 8

CHAPTER 6

BUDGETARY PROCEDURES

BUDGETARY PROCEDURES

Amendment    107

Parliament's Rules of Procedure

Rule 86

Present text

Amendment

Rule 86

Rule 86

Multiannual financial framework

Multiannual financial framework

Where the Council requests Parliament's consent concerning the proposal for a regulation laying down the multiannual financial framework, the matter shall be referred to the committee responsible in accordance with the procedure laid down in Rule 99. Parliament’s consent shall require the votes of a majority of its component Members.

Where the Council requests Parliament's consent concerning the proposal for a regulation laying down the multiannual financial framework, the matter shall be dealt with in accordance with Rule 99. In accordance with Article 312(2) of the Treaty on the Functioning of the European Union, Parliament's consent shall require the votes of a majority of its component Members.

Amendment    108

Parliament's Rules of Procedure

Rule 86 a (new)

Present text

Amendment

 

Rule 86 a

 

Annual budgetary procedure

 

The committee responsible may decide to draw up any report that is deemed to be appropriate concerning the budget, having regard to the Annex to the Interinstitutional Agreement of 2 December 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management 1a.

 

Any other committee may deliver an opinion within the time limit set by the committee responsible.

 

___________________

 

1a OJ C 373, 20.12.2013, p. 1.

Justification

The change proposes to delete the current Rule 87 and to replace it by a new Rule on the annual budgetary procedure.

Amendment    109

Parliament's Rules of Procedure

Rule 87

Present text

Amendment

Rule 87

deleted

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 the Treaty on the Functioning of the European Union.

 

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

 

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

 

Justification

Amendment    110

Parliament's Rules of Procedure

Rule 88

Present text

Amendment

Rule 88

Rule 88

Consideration of the draft budget - first stage

Parliament's position on the draft budget

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

1.  Amendments to the Council's position on the draft budget may be tabled in the committee responsible by individual Members.

 

Amendments to the Council's position may be tabled in Parliament by at least 40 Members or on behalf of a committee or a political group.

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 group or committee, specify the budget heading to which they refer and ensure the maintenance of a balance between revenue and expenditure. Draft amendments shall include all relevant information on the remarks to be entered against the budget heading in question.

2.  Amendments shall be presented and justified in writing, bear the signature of their authors and specify the budget line to which they refer.

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.

3.  The President shall set the time limit for the tabling of amendments.

4.  The committee responsible shall deliver its opinion on the texts submitted before they are discussed in Parliament.

4.  The committee responsible shall vote on the amendments before they are discussed in Parliament.

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

4a.   Amendments tabled in Parliament which have been rejected in the committee responsible may only be put to the vote if this has been requested in writing, before a deadline to be set by the President, by a committee or by at least 40 Members; that deadline 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 those already rejected by Parliament at the time when the estimates were drawn up shall be discussed only where the committee responsible has delivered a favourable opinion.

5.  Amendments to the estimates of Parliament which are similar to those already rejected by Parliament at the time when the estimates were drawn up shall be discussed only where the committee responsible has delivered a favourable opinion.

6.  Notwithstanding Rule 59(2), Parliament shall take separate and successive votes on:

6.  Parliament shall take successive votes on:

–  each draft amendment,

–  the amendments to Council's position on the draft budget, by section,

  each section of the draft budget,

 

–  a motion for a resolution concerning the draft budget.

–   a motion for a resolution concerning the draft budget.

However, Rule 174(4) to (8) shall apply.

However, Rule 174(4) to (8a) shall apply.

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

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

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

8.  In accordance with Article 314(4)(a) of the Treaty on the Functioning of the European Union, amendments shall require for adoption the votes of a majority of the component Members of Parliament.

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

9.  If Parliament has amended the Council's position on the draft budget, the position thus amended shall be forwarded to the Council and the Commission, together with the justifications and the minutes of the sitting at which the amendments were adopted.

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

 

Justification

The title of Rule 88 is changed and brought in line with point 13 of the Annex to the IIA. As regards the changes to paragraph 1, they clarify the possibility to table amendments to the Council's position.

Paragraph 2 subparagraph 2 is deleted here and included in subparagraph 1.

As regards the changes to paragraph 4, the word "texts" is quite vague and therefore it is replaced by "amendments".

As regards the changes to paragraph 6 in the introductory part, the word "notwithstanding" is deleted to avoid unnecessary questions on the applicability of the other Rules governing the first reading.

The modifications to paragraph 6 subparagraph 2 reflect the changes in Rule 174.

Amendment    111

Parliament's Rules of Procedure

Rule 89

Present text

Amendment

Rule 89

Rule 95a

Financial trilogue

Inter-institutional cooperation

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

In accordance with Article 324 of the Treaty on the Functioning of the European Union, the President shall participate in regular meetings between the Presidents of the European Parliament, the Council and the Commission convened, on the initiative of the Commission, under the budgetary procedures referred to in Title II of Part Six of the Treaty on the Functioning of the European Union. The President shall take all necessary steps to promote consultation and reconciliation of the positions of the institutions in order to facilitate the implementation of the procedures aforementioned.

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

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

 

(This Rule as amended shall be moved to the end of chapter on budgetary procedures, after Rule 95.)

Justification

Amendment    112

Parliament's Rules of Procedure

Rule 91

Present text

Amendment

Rule 91

Rule 91

Definitive adoption of the budget

Definitive adoption of the budget

Where the President is satisfied that the budget has been adopted in accordance with the 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 shall arrange for its publication in the Official Journal of the European Union.

Where the President considers that the budget has been adopted in accordance with the 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 shall arrange for its publication in the Official Journal of the European Union.

Amendment    113

Parliament's Rules of Procedure

Rule 93

Present text

Amendment

Rule 93

Rule 93

Discharge to the Commission in respect of implementation of the budget

Discharge to the Commission in respect of implementation of the budget

The provisions concerning the procedures for implementing the decision on the granting of discharge to the Commission in respect of the implementation of the budget in accordance with the financial provisions of the Treaty on the Functioning of the European Union and the Financial Regulation are attached to these Rules as an annex 11 . This annex shall be adopted in accordance with Rule 227(2).

The provisions concerning the procedures for the granting of discharge to the Commission in respect of the implementation of the budget in accordance with the financial provisions of the Treaty on the Functioning of the European Union and the Financial Regulation are attached to these Rules as an annex 11.

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11 See Annex V.

11 See Annex V.

Justification

Alignment of the EN version to other linguistic versions (FR, IT, NL).

Amendment    114

Parliament's Rules of Procedure

Rule 94

Present text

Amendment

Rule 94

Rule 94

Other discharge procedures

Other discharge procedures

The provisions governing the procedure for granting discharge to the Commission in respect of the implementation of the budget shall likewise apply to the procedure for granting discharge to:

The provisions governing the procedure for granting discharge to the Commission, in accordance with Article 319 of the Treaty on the Functioning of the European Union, in respect of the implementation of the budget, shall likewise apply to the procedure for granting discharge to:

– the President of the European Parliament in respect of the implementation of the budget of the European Parliament;

– the President of the European Parliament in respect of the implementation of the budget of the European Parliament;

–  the persons responsible for the implementation of the budgets of other institutions and bodies of the European Union such as the Council (as regards its activity as executive), the Court of Justice of the European Union, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions;

–  the persons responsible for the implementation of the budgets of other institutions and bodies of the European Union such as the Council, the Court of Justice of the European Union, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions;

– the Commission in respect of the implementation of the budget of the European Development Fund;

– the Commission in respect of the implementation of the budget of the European Development Fund;

– the bodies responsible for the budgetary management of legally independent entities which carry out Union tasks, insofar as their activities are subject to legal provisions requiring discharge by the European Parliament.

– the bodies responsible for the budgetary management of legally independent entities which carry out Union tasks, insofar as their activities are subject to legal provisions requiring discharge by the European Parliament.

Justification

The proposed change to the introductory part clarifies that discharge is granted on the basis of article 319 of the TFEU.

As regards the second indent, the words “(as regards its activity as executive)” are deleted, because obviously the discharge does not concern the Council’s political activities.

Amendment    115

Parliament's Rules of Procedure

Rule 95

Present text

Amendment

Rule 95

Rule 92a

Parliamentary control over implementation of the budget

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 budgetary control and to the other committees concerned.

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 budgetary control and to the other committees concerned.

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

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

 

(This Rule as amended shall be moved before Rule 93.)

Justification

Amendment    116

Parliament's Rules of Procedure

Title II – chapter 9 – numbering

Present text

Amendment

CHAPTER 9

CHAPTER 7

INTERNAL BUDGETARY PROCEDURES

INTERNAL BUDGETARY PROCEDURES

Justification

Chapter 9 becomes chapter 7.

Amendment    117

Parliament's Rules of Procedure

Rule 98

Present text

Amendment

Rule 98

Rule 98

Power to incur and settle expenditure

Power to incur and settle expenditure, to approve accounts and to grant discharge

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

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

2.  The President shall forward the draft annual accounts to the committee responsible.

2.  The President shall forward the draft annual accounts to the committee responsible.

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

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

Amendment    118

Parliament's Rules of Procedure

Title II – chapter 10 – numbering

Present text

Amendment

CHAPTER 10

CHAPTER 8

CONSENT PROCEDURE

CONSENT PROCEDURE

Justification

Chapter 10 becomes chapter 8

Amendment    119

Parliament's Rules of Procedure

Rule 99

Present text

Amendment

Rule 99

Rule 99

Consent procedure

Consent procedure

1.  Where Parliament is asked to give its consent to a proposed act, it shall, when adopting its decision, take into account a recommendation from the committee responsible to approve or reject the act. The recommendation shall include citations but not recitals. It may include a short justification, which shall be the responsibility of the rapporteur and which shall not be put to the vote. Rule 56(1) shall apply mutatis mutandis. Amendments tabled in committee shall be admissible only if they aim to reverse the recommendation as proposed by the rapporteur.

1.  Where Parliament is asked to give its consent to a legally binding act, the committee responsible shall submit to Parliament a recommendation to approve or reject the proposed act.

 

The recommendation shall include citations but not recitals. Amendments in committee shall be admissible only if they aim to reverse the recommendation proposed by the rapporteur.

 

The recommendation may be accompanied by a short explanatory statement, which shall be the responsibility of the rapporteur and shall not be put to the vote. Rule 56(1) shall apply mutatis mutandis.

The committee responsible may table a motion for a non-legislative resolution. Other committees may be involved in drawing up the resolution in accordance with Rule 201(3) in conjunction with Rules 53, 54 or 55.

1a.   If necessary, the committee responsible may also table a report including a motion for a non-legislative resolution setting out the reasons why Parliament should give or refuse its consent and, where appropriate, making recommendations for the implementation of the proposed act.

 

1b.   The committee responsible shall deal with the request for consent without undue delay. If the committee responsible has not adopted its recommendation within six months after the request for consent was referred to it, the Conference of Presidents may either place the matter on the agenda for consideration at a subsequent part-session or, in duly substantiated cases, decide to extend the six-month period.

Parliament shall decide on the act requiring its consent under the Treaty on European Union or the Treaty on the Functioning of the European Union by means of a single vote on consent, irrespective of whether the recommendation from the committee responsible is to approve or reject the act, and no amendments may be tabled. The majority required for the adoption of the consent shall be the majority indicated in the article of the Treaty on European Union or the Treaty on the Functioning of the European Union that constitutes the legal basis for the proposed act or, where no majority is indicated therein, the majority of the votes cast. If the majority required is not obtained, the proposed act shall be deemed to have been rejected.

1c.   Parliament shall decide on the proposed act by means of a single vote on consent, irrespective of whether the recommendation from the committee responsible is to approve or reject the act, and no amendments may be tabled. If the majority required is not obtained, the proposed act shall be deemed to have been rejected.

2.  In addition, in the case of international agreements, accession treaties, the determination of a serious and persistent breach of fundamental principles by a Member State, the establishment of the composition of Parliament, the establishment of enhanced cooperation between Member States or the adoption of the multiannual financial framework, Rules 108, 81, 83, 84, 85 and 86 shall apply respectively.

 

3.  Where Parliament's consent is required for a proposal for a legislative act or an envisaged international agreement, the committee responsible may present an interim report to Parliament, including a motion for a resolution containing recommendations for modification or implementation of the proposed legislative act or envisaged international agreement.

3.  Where Parliament's consent is required, the committee responsible may, at any time, present an interim report to Parliament, including a motion for a resolution containing recommendations for modification or implementation of the proposed act.

4.  The committee responsible shall deal with the request for consent without undue delay. If the committee responsible decides not to give a recommendation, or has not adopted a recommendation within six months after the request for consent has been referred to it, the Conference of Presidents may either place the matter on the agenda for a subsequent part-session for consideration, or decide to extend the six-month period in duly substantiated cases.

 

Where Parliament's consent is required for an envisaged international agreement, Parliament may decide, on the basis of a recommendation from the committee responsible, to suspend the consent procedure for no longer than one year.

 

Justification

The changes to paragraph 1 reflect the fact that having an explanatory statement as a means of supporting/reinforcing the recommendation by rapporteur/committee is useful (it may lead to fewer reports under paragraph 2 as the committee would not draft them regularly in order to explain its (new)position).

Paragraph 1 subparagraph 2 shall become par 1a. The addition of "also" aims to clarify this aspect. The references to Rules 53, 54 and 55 are deleted because they are superfluous and might even lead to an erroneous “a contrary” reasoning concerning the first subparagraph (where Rule 53 and Rule 55 could apply, but not Rule 54). The fact that Rule 54 cannot apply to a report concerning the consent procedure stricto sensu is mentioned explicitly under Rule 54.

The text of paragraph 1 b (new) is moved from the first subparagraph of Rule 99(4) and streamlined.

The suggested changes to paragraph 1 subparagraph 3 aim to streamline the text and to delete provisions which are superfluous. Parliament's consent is always required because of a Treaty provision. The majority is also clearly indicated.

The suggested deletion of paragraph 2 aim to streamline the text and to delete provisions which are superfluous. This paragraph just reiterates some (but not all) situations where consent is required and which are already described in Rules 108, 81, 83, 84, 85 & 86.

The text of paragraph 4 subparagraph 1 is moved to a new paragraph 1b of Rule 99 and streamlined.

Paragraph 4 subparagraph 2 is to be deleted here and moved under Rule 108. This provision only applies to envisaged international agreements, because of the involvement of (and probable need for clarification for) third parties, and could therefore be moved under Rule 108. This paragraph does not impede Parliament abrogating at any time its decision to suspend, nor does it prevent Parliament from renewing it after its expiry.

Amendment    120

Parliament's Rules of Procedure

Title II – chapter 11 – numbering

Present text

Amendment

CHAPTER 11

CHAPTER 9

OTHER PROCEDURES

OTHER PROCEDURES

Amendment    121

Parliament's Rules of Procedure

Rule 100

Present text

Amendment

Rule 100

Rule 100

Procedure for delivering opinions pursuant to Article 140 of the Treaty on the Functioning of the European Union

Procedure for delivering opinions on derogations to the adoption of the euro

1.  When Parliament is consulted on Council recommendations pursuant to Article 140(2) of the Treaty on the Functioning of the European Union, it shall, after the Council has presented those recommendations in plenary, deliberate on the basis of a proposal submitted orally or in writing by its committee responsible and advocating approval or rejection of the recommendations on which Parliament has been consulted.

1.  When Parliament is consulted pursuant to Article 140(2) of the Treaty on the Functioning of the European Union, it shall deliberate on the basis of a report by its committee responsible advocating approval or rejection of the proposed act.

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

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

Justification

The change in the title is aimed at increasing the readibility of the title of the Rule.

As regards the changes to paragraph 1, the Rule as it stands at present is not fully in line with Article 140(2) TFEU, nor does it reflect the current practice. Parliament is consulted on a draft Council decision, not on "Council recommendations" (that draft Council decision is based on a recommendation of the Member States whose currency is the euro). The ECON committee systematically prepares a report.

Amendment    122

Parliament's Rules of Procedure

Rule 102

Present text

Amendment

Rule 102

Rule 102

Procedures for scrutiny of voluntary agreements

Procedures for scrutiny of envisaged voluntary agreements

1. Where the Commission informs Parliament of its intention to explore the use of voluntary agreements as an alternative to legislation, the committee responsible may draw up a report on the substantive issue in question pursuant to Rule 52.

1. Where the Commission informs Parliament of its intention to explore the use of voluntary agreements as an alternative to legislation, the committee responsible may draw up a report on the substantive issue in question pursuant to Rule 52.

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

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

Justification

The present title is misleading as it gives the impression that the voluntary agreement is already in place.

Amendment    123

Parliament's Rules of Procedure

Rule 103

Present text

Amendment

Rule 103

Rule 103

Codification

Codification

1.  When a proposal for codification of Union legislation is submitted to Parliament, it shall be referred to the committee responsible for legal affairs. The latter shall examine it in accordance with the arrangements agreed at interinstitutional level12 in order to ascertain that it is a straightforward codification, with no changes of a substantive nature.

1.  When a proposal for codification of Union legislation is submitted to Parliament, it shall be referred to the committee responsible for legal affairs. The latter shall examine it in accordance with the arrangements agreed at interinstitutional level12 in order to ascertain that it is a straightforward codification, with no changes of a substantive nature.

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

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

3.  Amendments to the text of the proposal shall be inadmissible.

3.  Amendments to the text of the proposal shall be inadmissible.

However, at the rapporteur's request, the Chair of the committee responsible for legal affairs may submit for the latter’s approval, amendments relating to technical adaptations, provided that those adaptations are necessary in order to ensure that the proposal complies with the codification rules and that they do not involve any substantive change to the proposal.

However, at the rapporteur's request, the Chair of the committee responsible for legal affairs may submit for the latter's approval technical adaptations, provided that those adaptations are necessary in order to ensure that the proposal complies with the codification rules and that they do not involve any substantive change to the proposal.

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

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

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

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

In either case, Parliament shall take a decision by means of a single vote, without amendment or debate.

In either case, Parliament shall take a decision by means of a single vote, without amendment or debate.

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

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

Justification

The suggested change aims at streamlining the wording of the Rule and aligning it to the current practice.

Amendment    124

Parliament's Rules of Procedure

Rule 104

Present text

Amendment

Rule 104

Rule 104

Recasting

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 the committee responsible for the subject-matter.

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 the committee responsible for the subject-matter.

2.  The committee responsible for legal affairs shall examine the proposal in accordance with the arrangements agreed at interinstitutional level13 with a view to checking that it entails no substantive changes other than those identified as such in the proposal.

2.  The committee responsible for legal affairs shall examine the proposal in accordance with the arrangements agreed at interinstitutional level13 with a view to checking that it entails no substantive changes other than those identified as such in the proposal.

For the purpose of that examination, amendments to the text of the proposal shall be inadmissible. However, the second subparagraph of Rule 103(3) shall apply to provisions which remain unchanged in the recasting proposal.

For the purpose of that examination, amendments to the text of the proposal shall be inadmissible. However, the second subparagraph of Rule 103(3) shall apply to provisions which remain unchanged in the recasting proposal.

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

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

In such a case, over and above the conditions laid down in Rules 169 and 170, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

In such a case, over and above the conditions laid down in Rules 169 and 170, 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 the committee responsible intends also to submit amendments to the codified parts of the proposal, it shall immediately notify its intention to the Council and to the Commission, and the latter should inform the committee, prior to the vote pursuant to Rule 58, of its position on the amendments and whether or not it intends to withdraw the recast proposal.

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.

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

4.  If the committee responsible for legal affairs considers that the proposal entails substantive changes other than those which have been identified as such in the proposal, it shall propose that Parliament reject the proposal and shall inform the committee 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 the Commission does so, the President shall hold the procedure to be superfluous and shall inform the Council accordingly. If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible for the subject-matter, which shall consider it in accordance with the normal procedure.

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

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13 Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, point 9 (OJ C 77, 28.3.2002, p. 1).

13 Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, point 9 (OJ C 77, 28.3.2002, p. 1).

Justification

Parliament has repeatedly considered recasting as the normal legislative technique (for one of the latest resolutions, see 2011/2029(INI), para. 41), but the Commission has reduced the number of recasting proposals because of the current wording of this Rule and its implications in terms of unrestricted and unpredictable amending powers. Given the reluctance of the Commission to forward new proposals for recast due to the powers of Parliament to introduce substantive changes, a new drafting is proposed. The proposed change reinstates the original wording of this paragraph (amended in 2009) with a view to clarifying the boundaries of Parliament's amending powers and encouraging the Commission to present more recasting proposals. Although the current Rule is silent on that, the same criteria should apply at plenary stage.

Amendment    125

Parliament's Rules of Procedure

Title II – chapter 9a (new)

Present text

Amendment

 

CHAPTER 9A

 

Delegated and implementing acts

Justification

For clarity reasons, a new chapter on Delegated and Implementing Acts is created.

Amendment    126

Parliament's Rules of Procedure

Rule 105

Present text

Amendment

Rule 105

Rule 105

Delegated acts

Delegated acts

1.  When the Commission forwards a delegated act to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to appoint a rapporteur to consider one or more delegated acts.

1.  When the Commission forwards a delegated act to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to designate one of its members to consider one or more delegated acts.

2.  The President shall announce to Parliament the date on which the act was received in all the official languages and the period during which objections may be raised. The period in question shall commence on that date.

2.  During the part-session following its reception, the President shall announce to Parliament the date on which the delegated act was received in all the official languages and the period during which objections may be raised. The period in question shall commence on the date of reception.

The announcement shall be published in the minutes of the sitting together with the name of the committee responsible.

The announcement shall be published in the minutes of the sitting together with the name of the committee responsible.

3.  In accordance with the provisions of the basic legislative act and – if the committee responsible considers it appropriate to do so – after consulting any committees concerned, the committee responsible may table a reasoned motion for a resolution. That motion for a resolution shall state the reasons for Parliament’s objections and may incorporate a request to the Commission to submit a new delegated act which takes account of Parliament’s recommendations.

3.  In accordance with the provisions of the basic legislative act and – if the committee responsible considers it appropriate to do so – after consulting any committees concerned, the committee responsible may table a reasoned motion for a resolution objecting to the delegated act. If, 10 working days prior to the start of the part-session of which the Wednesday falls before and closest to the day of expiry of the deadline referred to in paragraph 5, the committee responsible has not tabled such a motion for a resolution, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above.

4.  If, 10 working days prior to the start of the part-session the Wednesday of which falls before and closest to the day of expiry of the deadline referred to in paragraph 5, the committee responsible has not tabled a motion for a resolution, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above.

 

 

4a.  Any motion for a resolution tabled in accordance with paragraph 3 shall state the reasons for Parliament's objections and may incorporate a request calling on the Commission to submit a new delegated act which takes account of Parliament's recommendations.

5.  Parliament shall take a decision – by the deadline laid down in the basic legislative act and by the majority stipulated in Article 290 of the Treaty on the Functioning of the European Union – on any motion for a resolution tabled.

5.  Parliament shall approve such a motion by the deadline laid down in the basic legislative act and, in accordance with Article 290(2) of the Treaty on the Functioning of the European Union, by the majority of its component Members.

Where the committee responsible considers that it is appropriate to extend the deadline for raising objections to the delegated act in accordance with the basic legislative act, the committee chair shall notify the Council and the Commission, on behalf of Parliament, of that extension.

Where the committee responsible considers that it is appropriate to extend the deadline for raising objections to the delegated act in accordance with the provisions of the basic legislative act, the committee chair shall notify the Council and the Commission, on behalf of Parliament, of that extension.

6.  If the committee responsible recommends that, prior to the expiry of the deadline set in the basic legislative act, Parliament should declare that it has no objections to the delegated act:

6.  If the committee responsible recommends that, prior to the expiry of the deadline set in the basic legislative act, Parliament should declare that it has no objections to the delegated act:

– it shall inform the Chair of the Conference of Committee Chairs by means of a letter setting out its reasons and table a recommendation to that effect;

– it shall inform the Chair of the Conference of Committee Chairs by means of a letter setting out its reasons and table a recommendation to that effect;

– if no objections are raised at the next meeting of the Conference of Committee Chairs, or, on grounds of urgency, by written procedure, the Chair of that body shall inform the President of Parliament, who shall in turn inform the plenary as soon as possible;

– if no objections are raised at the next meeting of the Conference of Committee Chairs, or, on grounds of urgency, by written procedure, the Chair of that body shall inform the President of Parliament, who shall in turn inform the plenary as soon as possible;

– if, within 24 hours following the announcement in plenary, a political group or at least 40 Members object to the recommendation, it shall be put to the vote;

– if, within 24 hours following the announcement in plenary, a political group or at least 40 Members object to the recommendation, it shall be put to the vote;

– if, within the same period, no objections are raised, the proposed recommendation shall be deemed to have been approved;

– if, within the same period, no objections are raised, the proposed recommendation shall be deemed to have been approved;

– the adoption of such a recommendation shall render inadmissible any subsequent proposal objecting to the delegated act.

– the adoption of such a recommendation shall render inadmissible any subsequent proposal objecting to the delegated act.

7.  The committee responsible may, in accordance with the provisions of the basic legislative act, submit to Parliament a reasoned motion for a resolution revoking, in full or in part, the delegation of powers provided for by that act. Parliament shall take a decision by the majority stipulated in Article 290 of the Treaty on the Functioning of the European Union.

7.  The committee responsible may, in accordance with the provisions of the basic legislative act, submit to Parliament a motion for a resolution revoking, in full or in part, the delegation of powers or opposing the tacit extension of the delegation of powers provided for by that act.

 

In accordance with Article 290(2) of the Treaty on the Functioning of the European Union, a decision to revoke the delegation of powers shall require the votes of a majority of Parliament’s component Members.

8.  The President shall inform the Council and Commission of the positions taken under this Rule.

8.  The President shall inform the Council and Commission of the positions taken under this Rule.

Justification

As regards the changes to paragraph 1, they reflect the practice: the motions for resolutions for objecting a delegated act are tabled by the committee responsible, either in the name of the Committee Chair, or in the name of the authors of the original request.

The changes to paragraph 2 aims at clarifying it: in the second sentence, the date could be "the date" expressly mentioned in the first sentence or the date of the announcement (see the impact of the date of announcement on the deadlines for second reading).

The last sentence of paragraph 3 shall become paragraph 4a. The restructuring of paragraphs 3 and 4 aims to clarify that the current paragraph 3 second sentence also applies when a motion for resolution is tabled by a political group or at least 40 Members.

Paragraph 4 is deleted here and moved to the end of paragraph 3.

The insertion of paragraph 4 a (new) is meant to broaden the scope as indicated in paragraph 3 above.

As regards the changes to paragraph 7: the Treaty does not require any specific reasons by EP when revoking a delegation of powers, therefore the word "reasoned" is deleted. Moreover, a provision governing the decision whereby Parliament opposes the tacit extension of the period of delegation of powers is introduced in Rule 105 as no such provision existed so far.

Amendment    127

Parliament's Rules of Procedure

Rule 106

Present text

Amendment

Rule 106

Rule 106

Implementing acts and measures

Implementing acts and measures

1.  When the Commission forwards a draft implementing act or measure to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to appoint a rapporteur to consider one or more draft implementing acts.

1.  When the Commission forwards a draft implementing act or measure to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to designate one of its members to consider one or more draft implementing acts or measures.

2.  The committee responsible may table a reasoned motion for a resolution stating that a draft implementing act or measure goes beyond the implementing powers provided for in the basic legislative act or is not consistent with Union law in other respects.

2.  The committee responsible may table a reasoned motion for a resolution stating that a draft implementing act or measure goes beyond the implementing powers provided for in the basic legislative act or is not consistent with Union law in other respects.

3.  The motion for a resolution may incorporate a request to the Commission to withdraw the act, the measure or the draft act or measure, to amend it in keeping with the objections raised by Parliament, or to submit a new legislative proposal. The President shall inform the Council and the Commission of the decision taken.

3.  The motion for a resolution may incorporate a request to the Commission to withdraw the draft implementing act or measure, to amend it in keeping with the objections raised by Parliament, or to submit a new legislative proposal. The President shall inform the Council and the Commission of the decision taken.

4.  If the implementing acts envisaged by the Commission fall under the regulatory procedure with scrutiny provided for by Council Decision 1999/468/EC laying down procedures for the exercise of the implementing powers conferred on the Commission, the following additional provisions shall apply:

4.  If the implementing acts envisaged by the Commission fall under the regulatory procedure with scrutiny provided for by Council Decision 1999/468/EC laying down procedures for the exercise of the implementing powers conferred on the Commission, the following additional provisions shall apply:

(a)  the time for scrutiny shall start to run when the draft of measures has been submitted to Parliament in all the official languages. Where the shorter time limit for scrutiny provided for in Article 5a(5)(b) of Council Decision 1999/468/EC applies, and in the urgent cases provided for in Article 5a(6) of Decision 1999/468/EC, the time for scrutiny shall, unless the Chair of the committee responsible objects, start to run from the date of receipt by Parliament of the final draft implementing measures in the language versions submitted to the members of the committee set up in accordance with Decision 1999/468/EC. Rule 158 shall not apply in this case;

(a)  the time for scrutiny shall start to run when the draft implementing measure has been submitted to Parliament in all the official languages. Where the shorter time limit for scrutiny provided for in Article 5a(5)(b) of Council Decision 1999/468/EC applies, and in the urgent cases provided for in Article 5a(6) of Decision 1999/468/EC, the time for scrutiny shall, unless the Chair of the committee responsible objects, start to run from the date of receipt by Parliament of the final draft implementing measure in the language versions submitted to the members of the committee set up in accordance with Decision 1999/468/EC. Rule 158 shall not apply in the two instances mentioned in the previous sentence;

(b)  if the draft implementing measure is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which prescribes curtailed time limits for opposition by Parliament, a motion for a resolution opposing the adoption of the draft measure may be tabled by the chair of the committee responsible if that committee has not been able to meet in the time available;

(b)  if the draft implementing measure is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which prescribes curtailed time limits for opposition by Parliament, a motion for a resolution opposing the adoption of the draft measure may be tabled by the chair of the committee responsible if that committee has not been able to meet in the time available;

(c)  Parliament, acting by a majority of its component Members, may oppose the adoption of the draft implementing measure by indicating that the draft exceeds the implementing powers provided for in the basic act, is not compatible with the aim or the content of the basic act or does not respect the principles of subsidiarity or proportionality;

(c)  Parliament, acting by a majority of its component Members, may adopt a resolution opposing the adoption of the draft implementing measure and indicating that the draft exceeds the implementing powers provided for in the basic act, is not compatible with the aim or the content of the basic act or does not respect the principles of subsidiarity or proportionality;

 

If, 10 working days prior to the start of the part-session of which the Wednesday falls before and closest to the day of expiry of the deadline for opposing the adoption of the draft implementing measure, the committee responsible has not tabled a motion for such a resolution, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above.

(d)  if the committee responsible, in response to a duly substantiated request from the Commission, recommends, by means of a letter to the Chair of the Conference of Committee Chairs setting out its reasons, that Parliament should declare that it has no objections to the proposed measure prior to the expiry of the normal time limit laid down in Article 5a(3)(c) and/or Article 5a(4)(e) of Decision 1999/468/EC, the procedure provided for in Rule 105(6) shall apply.

(d)  if the committee responsible recommends, by means of a letter to the Chair of the Conference of Committee Chairs setting out its reasons, that Parliament should declare that it has no objections to the proposed measure prior to the expiry of the normal time limit laid down in Article 5a(3)(c) and/or Article 5a(4)(e) of Decision 1999/468/EC, the procedure provided for in Rule 105(6) shall apply.

Justification

Clarification of the text in point a as only in the two instances provided for in Article 5a paragraphs 5 (b) and 6 of Council Decision 1999/468/EC, Rule 158 does not apply.

Amendment    128

Parliament's Rules of Procedure

Rule 108

Present text

Amendment

Rule 108

Rule 108

International agreements

International agreements

1.  When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, the committee responsible may decide to draw up a report or otherwise monitor the procedure and inform the Conference of Committee Chairs of that decision. Where appropriate, other committees may be asked for an opinion pursuant to Rule 53(1). Rules 201(2), 54 or 55 shall apply where appropriate.

1.  When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, the committee responsible may decide to draw up a report or otherwise monitor this preparatory phase. It shall inform the Conference of Committee Chairs of that decision.

The Chairs and rapporteurs of the committee responsible and of any associated committees shall jointly take appropriate action to ensure that Parliament is provided with immediate, regular and full information, if necessary on a confidential basis, at all stages of the negotiation and conclusion of international agreements, including the draft and the finally adopted text of negotiating directives, and with the information referred to in paragraph 3,

 

– by the Commission in accordance with its obligations under the Treaty on the Functioning of the European Union and its commitments under the Framework Agreement on relations between the European Parliament and the European Commission, and

 

– by the Council in accordance with its obligations under the Treaty on the Functioning of the European Union.

 

 

1a.  The committee responsible shall, as soon as possible, ascertain from the Commission, the chosen legal basis for concluding the international agreements referred to in paragraph 1. The committee responsible shall verify that chosen legal basis in accordance with Rule 39.

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

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

3.  The committee responsible shall ascertain from the Commission, at the time when the negotiations are scheduled to start, the chosen legal basis for concluding the international agreements referred to in paragraph 1. The committee responsible shall verify the chosen legal basis in accordance with Rule 39. Where the Commission fails to designate a legal basis, or where there is doubt about its appropriateness, Rule 39 shall apply.

 

4.  At any stage of the negotiations and from the end of the negotiations to the conclusion of the international agreement, Parliament may, on the basis of a report from the committee responsible, and after considering any relevant proposal tabled pursuant to Rule 134, adopt recommendations and require them to be taken into account before the conclusion of that agreement.

4.  At any stage of the negotiations and from the end of the negotiations to the conclusion of the international agreement, Parliament may, on the basis of a report from the committee responsible, drawn up on its own initiative or after considering any relevant proposal tabled by a political group or at least 40 Members, adopt recommendations to the Council, the Commission or the Vice President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and require them to be taken into account before the conclusion of that agreement.

5. Requests by the Council for Parliament's consent or opinion shall be referred by the President to the committee responsible for consideration in accordance with Rule 99 or Rule 47(1).

5. Requests by the Council for Parliament's consent or opinion shall be referred by the President to the committee responsible for consideration in accordance with Rule 99 or Rule 47(1).

6.  Before the vote is taken, the committee responsible, a political group or at least one-tenth of the Members may propose that Parliament seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties. If Parliament approves such a proposal, the vote shall be adjourned until the Court has delivered its opinion14.

6.  At any time before Parliament votes on a request for consent or opinion, the committee responsible or at least one-tenth of Parliament’s component Members may propose that Parliament seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties.

 

Before Parliament votes on that proposal, the President may request the opinion of the committee responsible for legal affairs, which shall report its conclusions to Parliament.

 

If Parliament approves the proposal to seek an opinion from the Court of Justice, the vote on a request for consent or opinion 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 concluded by the European Union in a single vote by a majority of the votes cast. No amendments to the text of the agreement or protocol shall be admissible.

7.  Where Parliament is requested to give its consent to the conclusion, renewal or amendment of an international agreement, it shall decide by a single vote in accordance with Rule 99.

 

If Parliament declines to give its consent, the President shall inform the Council that the agreement in question cannot be concluded, renewed or amended.

 

Without prejudice to Rule 99(1b), Parliament may decide, on the basis of a recommendation from the committee responsible, to postpone its decision on the consent procedure for no longer than one year.

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

8.  Where Parliament is requested to give its opinion on the conclusion, renewal or amendment of an international agreement, no amendments to the text of the agreement shall be admissible. Without prejudice to Rule 170(1), amendments to the draft Council decision shall be admissible.

 

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

9.  If Parliament declines to consent to an international agreement, the President shall inform the Council that the agreement in question cannot be concluded.

 

 

9a.  The Chairs and rapporteurs of the committee responsible and of any associated committees shall jointly check that, in accordance with Article 218(10) of the Treaty on the Functioning of the European Union, the Council, the Commission and the Vice-President of theCommission/High Representative of the Union for Foreign Affairs and Security Policy provide Parliament with immediate, regular and full information, if necessary on a confidential basis, at all stages of the preparations for the negotiation, the negotiation and the conclusion of international agreements, including information on the draft and the finally adopted text of negotiating directives, as well as information relating to the implementation of those agreements.

__________________

 

14 See also interpretation of Rule 141.

 

Justification

As regards the changes to paragraph 1, they aim to clarify this paragraph, which concerns the monitoring of the steps taken by the other institutions prior to the effective launch of the negotiations. The committees responsible could do this monitoring by:- an INI report (authorised automatically and notified for information to the CCC);- by any other means under these Rules (such as motions for resolutions following debates on statements or on oral questions, etc.).The last two sentences are deleted as superfluous. The scope of Rules 53, 54 and 55 is clearly defined in those Rules. Any committee can do an opinion to INI reports under Rule 53. They can also do opinions under Rules 54 or 55. The acknowledgement of their exclusive or joint competences are not always questioned and settled under Rule 201 (2) (new Rule 201 a). Moreover, referring to the right of asking for opinions under this paragraph, but not under all Rules of procedures where they are applicable may lead to an erroneous “a contrario” type of reasoning.

Paragraph 1 indent 1 is deleted as redundant and not comprehensive (there are also customary practice and obligations taken in the form of unilateral declarations by Commissioners). Similarly,

the second indent of paragraph 1is deleted as it is redundant.

Paragraph 1 a (new) applies even before the Commission asks the Council to approve its negotiating mandate (here in paragraph 2 above). To observe the chronology paragraphs 2 and 3 are inverted.

Paragraph 4 applies during the negotiations and before the conclusion of the international agreement. The change aims to clarify that the committee responsible may draw an INI report (authorised automatically and notified for information to the CCC).To simplify the reading, it is suggested to add the provision concerning the possibility for a political group or at least 40 members to table such a proposal (currently in Rule 134 paragraph 1 and 2).

As regards the changes to paragraph 6, questions concerning the compatibility of an international agreement with the Treaties often touch upon issues – such as subsidiarity, legal basis, the interpretation and application of international law, the legal protection of Parliament’s rights and prerogatives etc. – for which the Committee on Legal Affairs is responsible under Annex VI to the Rules of Procedure. It is therefore appropriate to involve this Committee in the procedure referred to in this provision.

As regards the changes to paragraph 7, the first sentence covers both consultations and consent procedures. In case of consultation, Parliament does not decide in a single vote: amendments to the Council decision are admissible and put to the vote. However, the second sentence is useful only for consultations since, under Rule 99(1), third subparagraph (Rule 99 § 4 new), plenary amendments are never admissible in consent procedures.AFCO WG suggests therefore to re-order paragraphs 7, 8 and 9 in order to address the specificity of the consent and the consultation procedures.Moreover, the reference to "financial protocol[s]" which applies only in this provision shall be deleted. Elsewhere in the Rule, the reference to "international agreement[s]" is deemed sufficient.The third subparagraph is moved here from Rule 99 paragraph 4 second subparagraph. The text is slightly adapted to correspond to the new placement.

Paragraph 9 to be deleted here and moved under paragraph 7.

The new paragraph 9a consists of the text of subparagraph 2 of paragraph 1 which is slightly adapted.

Indeed, the current wording of that subparagraph gives the impression that the EP should be proactive in order for Article 218(10) TFEU to be applied. This is not in line with the Treaties, under which other institutions must inform the EP without specific requests, especially after C-658/11. The wording “…shall jointly supervise/monitor in line with Article 218(10) TFEU that Parliament is provided…” could be suggested.This subparagraph covers all demarches related to the conclusion of international agreements, from the intention to open negotiations to its conclusion and implementation.

Amendment    129

Parliament's Rules of Procedure

Rule 109

Present text

Amendment

Rule 109

Rule 109

Procedures based on Article 218 of the Treaty on the Functioning of the European Union in the case of the provisional application or suspension of international agreements or establishment of the Union's position in a body set up by an international agreement

Provisional application or suspension of the application of international agreements or establishment of the Union's position in a body set up by an international agreement

Where the Commission, in accordance with its obligations under the Treaty on the Functioning of the European Union and the Framework Agreement on relations between the European Parliament and the European Commission, informs Parliament and the Council of its intention to propose the provisional application or suspension of an international agreement, a statement shall be made in Parliament, followed by a debate. Parliament may issue recommendations pursuant to Rule 108 or 113.

Where the Commission or the Vice-President/High Representative informs Parliament and the Council of its intention to propose the provisional application or suspension of an international agreement, Parliament may invite the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy to make a statement, following which there shall be a debate. Parliament may issue recommendations on the basis of a report by the committee responsible or pursuant to Rule 113, which may include, in particular, the request to the Council not to provisionally apply an agreement until the Parliament has given consent.

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

The same procedure shall apply when the Commission or the Vice-President/High Representative proposes positions to be adopted on the Union's behalf in a body set up by an international agreement.

Justification

The title is shortened, by deleting the reference to Article 218 (the same article applies also to the procedures referred to in Rule 108, while the current Rule only concerns Article 218 paragraphs 9 & 10).Thus the change suggested aims at aligning the title with the Art. 218(9) TFEU wording “suspending application.”

The change suggested in paragraph 1 aims to clarify who is the author of the statement.“Commission or the VPHR" is introduced throughout the Rule, to align it with Art 218(9) TFEU.

Amendment    130

Parliament's Rules of Procedure

Rule 110

Present text

Amendment

Rule 110

Rule 110

Special representatives

Special representatives

1.  Where the Council intends to appoint a special representative under Article 33 of the Treaty on European Union, the President, at the request of the committee responsible, shall invite the Council to make a statement and answer questions concerning the mandate, the objectives and other relevant matters relating to the tasks and role to be performed by the special representative.

1.  Where the Council intends to appoint a special representative under Article 33 of the Treaty on European Union, the President, at the request of the committee responsible, shall invite the Council to make a statement and answer questions concerning the mandate, the objectives and other relevant matters relating to the tasks and role to be performed by the special representative.

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

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

3.  Within three months of the hearing, the committee may propose a recommendation pursuant to Rule 134 relating directly to the statement made and answers provided.

3.  Within two months of the hearing, the committee responsible may make recommendations to the Council, the Commission or the Vice President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy relating directly to the appointment.

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

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

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

 

Justification

The current wording in paragraph 3 is not clear, only the part of Rule 134 concerning the proposal tabled by a political group or at least 40 Members seems to be relevant for this paragraph. Rule 113 procedure in itself will always be applicable because the scope of that Rule covers CFSP.Paragraph 5 is deleted as it is superfluous.

Amendment    131

Parliament's Rules of Procedure

Rule 111

Present text

Amendment

Rule 111

Rule 111

International representation

International representation

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

1.  When the head of a Union external delegation is to be appointed, the nominee may be invited to appear before the committee responsible to make a statement and answer questions.

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

2.  Within two months of the hearing provided for in paragraph 1, the committee responsible may adopt a resolution or make a recommendation, as appropriate, relating directly to the appointment.

Justification

The change aims at replacing "the relevant body of Parliament" by "the committee responsible" to bring the provision in line with the declaration on political accountability and to ensure a coherent wording throughout the RoP.

Amendment    132

Parliament's Rules of Procedure

Rule 112

Present text

Amendment

Rule 112

Rule 113a

Consultation of, and provision of information to, Parliament within the framework of the common foreign and security policy

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 on European Union, the matter shall be referred to the committee responsible which may make recommendations pursuant to Rule 113.

1.  When Parliament is consulted pursuant to Article 36 of the Treaty on European Union, the matter shall be referred to the committee responsible, which may draw up draft recommendations pursuant to Rule 113.

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

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

3.  Twice a year, a debate shall be held on the consultative document drawn up by the Vice-President/High Representative on the main aspects and basic choices of the common foreign and security policy, including the common security and defence policy and the financial implications for the Union budget. The procedures laid down in Rule 123 shall apply.

3.  Twice a year, a debate shall be held on the consultative document drawn up by the Vice-President/High Representative on the main aspects and basic choices of the common foreign and security policy, including the common security and defence policy and the financial implications for the Union budget. The procedures laid down in Rule 123 shall apply.

(See also interpretation under Rule 134.)

 

4.  The Vice-President/High Representative shall be invited to every plenary debate that involves either foreign, security or defence policy.

4.  The Vice-President/High Representative shall be invited to every plenary debate that involves either foreign, security or defence policy.

 

(This Rule as amended shall be moved after Rule 113 and consequently included in the newly created Chapter 2a.)

Justification

As regards the deletion of the interpretion, the use of this reference is not obvious. The only interpretation in Rule 134 is relating to paragraph 3 thereof. It concerns reports, not the motions of resolutions provided for in Rule 123.

Amendment    133

Parliament's Rules of Procedure

Title III – chapter 2 a – title (new)

Present text

Amendment

 

CHAPTER 2A

 

RECOMMENDATIONS ON THE UNION’S EXTERNAL ACTION

 

(To be introduced before Rule 113)

Amendment    134

Parliament's Rules of Procedure

Rule 113

Present text

Amendment

Rule 113

Rule 113

Recommendations within the framework of the common foreign and security policy

Recommendations on the Union's external policies

1.  The committee responsible for the common foreign and security policy may draw up recommendations to the Council in its areas of responsibility after obtaining authorisation from the Conference of Presidents or on a proposal under Rule 134.

1.  The committee responsible may draw up draft recommendations to the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on subjects under Title V of the Treaty on European Union (the Union's external action) or in cases where an international agreement falling within the scope of Rule 108 has not been referred to Parliament or Parliament has not been informed thereof under Rule 109.

2.  In urgent cases the authorisation referred to in paragraph 1 may be granted by the President, who may likewise authorise an emergency meeting of the committee concerned.

2.  In urgent cases, the President may authorise an emergency meeting of the committee concerned.

3.  During the procedure for adopting these recommendations, which must be put to the vote in the form of a written text, Rule 158 shall not apply and oral amendments shall be admissible.

3.  During the procedure for adopting these draft recommendations at committee stage, it shall be necessary for a written text to be put to the vote.

The non-application of Rule 158 is possible only in committee and only in urgent cases. There may be no departure from the provisions of Rule 158 either in committee meetings not declared to be urgent or in plenary sitting.

 

The provision stating that oral amendments are admissible means that Members may not object to oral amendments being put to the vote in committee.

 

 

3a.  In the urgent cases referred to in paragraph 2, Rule 158 shall not apply at committee stage and oral amendments shall be admissible. Members may not object to oral amendments being put to the vote in committee.

4.  Recommendations drawn up in this way shall be included on the agenda for 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 the committee'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 table amendments.

4.  The draft recommendations drawn up by the committee shall be included on the agenda for the next part-session. In urgent cases decided upon by the President, recommendations may be included on the agenda for a current part-session.

 

4a.  Recommendations shall be deemed to have been adopted unless, before the beginning of the part-session, at least 40 Members submit a written objection. Where such an objection is submitted,the committee's draft recommendations shall be included on the agenda of the same part-session. Such recommendations shall be the subject of a debate, and any amendment tabled by a political group or at least 40 Members shall be put to the vote.

Justification

The changes to the title aim to extend the scope of Rule 113, so as to align it with the broader scope of Rule 134; moreover, Rule 113 is merged with Rule 134 and a a new chapter concerning EP recommendations on the Union’s external action is created. Consequently, Rule 134 is to be deleted.

As regards the changes to paragraph 1, it is suggested to also include the Commission among the possible “addressees” of an EP recommendation.

The deletion in paragraph 3 subparagraph 1 is proposed because this is the only reference in the Rules to "oral amendments". All other references are made in interpretations (in particular, the interpretation to Rule 169 gives the oral amendments equivalent status to the amendments not distributed in all languages).However, the interpretation which follows paragraph 3,is deleted and merged, with slight adaptations, with the provision of paragraph 3 a (new); it acknowledges the specifcity of the CFSP area and the high probability of urgent matters which would justify the a derogation for putting "oral amendments" to vote.

Amendment    135

Parliament's Rules of Procedure

Rule 114

Present text

Amendment

Rule 114

Rule 114

Breach of human rights

Breach of human rights

At each part-session, without requiring authorisation, the committees responsible may each table a motion for a resolution under the same procedure as laid down in Rule 113(4) concerning cases of breaches of human rights.

At each part-session, without requiring authorisation, the committees responsible may each table a motion for a resolution under the same procedure as laid down in Rule 113(4) and (4a) concerning cases of breaches of human rights.

Amendment    136

Parliament's Rules of Procedure

Rule 115

Present text

Amendment

Rule 115

Rule 115

Transparency of Parliament's activities

Transparency of Parliament's activities

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

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

2.  Debates in Parliament shall be public.

2.  Debates in Parliament shall be public.

3.  Committees shall normally meet in public. They may, however, decide, at the latest when the agenda for a meeting is adopted, to divide that agenda into items open to the public and items closed to the public. However, if a meeting is held in camera, the committee may, subject to Article 4(1) to (4) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council, open documents and minutes from the meeting to public access. Rule 166 shall apply in the event of any breach of the rules governing confidentiality.

3.  Committees shall normally meet in public. They may, however, decide, at the latest when the agenda for a meeting is adopted, to divide that agenda into items open to the public and items closed to the public. However, if a meeting is held in camera, the committee may decide to make documents from the meeting available for public access.

4.  Consideration by the committee responsible of requests relating to procedures on immunity under Rule 9 shall always take place in camera.

 

Justification

The changes to paragraph 3, are mere fine-tuning of the wording. The cross-reference to Article 4 of Regulation 1049 does not make sense legally. The breach of confidentiality is already governed by Rules 11 and 166, so there is no need to repeat it under the current provision.

Paragraph 4 is deleted as the matter should be dealt with under Rule 9 (10) and according to the principles laid down in accordance with Rule 9(12).

Amendment    137

Parliament's Rules of Procedure

Rule 116

Present text

Amendment

Rule 116

Rule 116

Public access to documents

Public access to documents

1.  Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has a right of access to Parliament documents in accordance with Article 15 of the Treaty on the Functioning of the European Union, 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 the specific provisions contained in these Rules of Procedure.

1.  Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has a right of access to Parliament documents in accordance with Article 15 of the Treaty on the Functioning of the European Union, subject to the principles, conditions and limits laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council.

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

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

Regulation (EC) No 1049/2001 shall be published for information alongside the Rules of Procedure15 .

 

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) No 1049/2001 which has been drawn up or received by officers of Parliament within the meaning of Title I, Chapter 2, of these Rules, by Parliament's governing bodies, committees or interparliamentary delegations, or by Parliament's Secretariat.

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) No 1049/2001 which has been drawn up or received by officers of Parliament within the meaning 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 Parliament documents for the purposes of access to documents if they are tabled under the Rules of Procedure.

In accordance with Article 4 of the Statute for Members of the European Parliament, documents drawn up by individual Members or political groups are Parliament documents for the purposes of access to documents only if they are tabled in accordance with the Rules of Procedure.

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

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

3.  Parliament shall establish a register of Parliament documents. Legislative documents and certain other categories of documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register. References to other Parliament documents shall as far as possible be included in the register.

3.  Parliament shall establish a public register website of Parliament documents. Legislative documents and certain other categories of documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through Parliament's public register website. References to other Parliament documents shall as far as possible be included in the public register website.

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

Categories of documents which are directly accessible through Parliament's public register website shall be set out in a list adopted by the Bureau and published on Parliament's public register website. This list shall not restrict the right of access to documents not falling within the categories listed; those documents may be made available on written application in accordance with Regulation (EC) No 1049/2001.

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 Journal of the European Union.

The Bureau shall adopt rules for access to documents, pursuant to Regulation (EC) No 1049/2001, which shall be published in the Official Journal of the European Union.

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

4.  The Bureau shall designate the bodies responsible for the handling of initial applications (Article 7 of Regulation (EC) No 1049/2001) and for the adoption of decisions on confirmatory applications (Article 8 of the Regulation) and on applications for access to sensitive documents (Article 9 of the Regulation).

5.  The Conference of Presidents shall designate Parliament's representatives on 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 the handling of applications for access to documents.

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

 

6a.  The Bureau shall adopt the annual report referred to in Article 17(1) of Regulation (EC) No 1049/2001.

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

7.  Parliament's committee responsible shall regularly examine the transparency of Parliament's activities and submit a report with its conclusions and recommendations to the plenary.

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

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

 

7a.  The Conference of Presidents shall designate Parliament's representatives on the interinstitutional committee established pursuant to Article 15(2) of Regulation (EC) No 1049/2001.

__________________

 

15 See Annex XIV.

 

Justification

The changes to paragraph 1, subparagraph 1 are necessary as the Rules of Procedure may not restrict public access rights under Regulation 1049/2001.

As regards the deletion of paragraph 1, subparagraph 3, this annex is deleted since from a legal and procedural point of view it is not an annex. The Regulation would however be included in a compendium of legal acts, easily accessible to MEPs and other persons.

The changes to paragraph 2, subparagraph 2, reflect the ‘raison d’être’ of this rule. A document is "tabled" when it enters into the EP administrative circuit.

The changes to paragraph 3, subparagraph 2, clarify the relevant “register”; the use of “shall” would imply an obligation to disclose, but an exception under Article 4 of Regulation 1049 might apply; therefore “may” is more appropriate.

Paragraph 3, subparagraph 3, is updated as the rules have already been adopted (adopting them is an obligation under Regulation 1049/2001).

Paragraph 5 is deleted here and reinserted as paragraph 8 (new).

The changes to paragraph 7 and the addition of 6 a (new) adjust the the text to standard practice according to which the Bureau endorses yearly a technical/administrative report whereas the LIBE Committee prepares biannual reports (EP Institutional report on the implementation of Regulation 1049/2001; such reports were adopted in 2009, 2011, 2013, and 2016). It is therefore suggested to clarify that the adoption of the technical report is ensured by the Bureau whereas LIBE is competent for the institutional/political report, which may be based on the findings of the technical reports.Article 17(1) of Regulation (EC) No 1049/2001 reads as follows: "1. Each institution shall publish annually a report for the preceding year including the number of cases in which the institution refused to grant access to documents, the reasons for such refusals and the number of sensitive documents not recorded in the register."

Amendment    138

Parliament's Rules of Procedure

Rule 116 a (new)

Present text

Amendment

 

Rule 116a

 

Access to Parliament

 

1.   Access badges for Members, Members' assistants and third persons shall be issued on the basis of the rules laid down by the Bureau. Those rules shall also govern the use and withdrawal of access badges.

 

2.  Badges shall not be issued to individuals within a Member’s entourage who fall within the scope of the Agreement between the European Parliament and the European Commission on the transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation1a.

 

3.   Entities listed in the transparency register, and their representatives who have been issued with long-term access badges to the European Parliament must respect:

 

  the Code of Conduct for Registrants annexed to the agreement;

 

  the procedures and other obligations laid down by the agreement; and

 

  the provisions implementing this Rule.

 

Without prejudice to the applicability of the general rules governing the withdrawal or temporary de-activation of long-term access badges, and unless there are significant arguments to the contrary, the Secretary-General shall, with the authorisation of the Quaestors, withdraw or de-activate a long-term access badge where its holder has been disbarred from the transparency register for a breach of the Code of Conduct for Registrants, has been guilty of a serious breach of the obligations laid down in this paragraph, or has refused to comply with a formal summons to attend a hearing or committee meeting or to cooperate with a committee of inquiry, without offering a sufficient justification.

 

4.   The Quaestors may determine to what extent the Code of Conduct referred to in paragraph 2 is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement.

 

5.   The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the agreement on the establishment of that register.

 

__________________

 

1a OJ L 277, 19.9.2014, p. 11.

Justification

New rule added to add a reference to the Transparency Register

Amendment    139

Parliament's Rules of Procedure

Rule 117

Present text

Amendment

Rule 117

Rule 117

Election of the President of the Commission

Election of the President of the Commission

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

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

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

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 its component Members.

2.  In accordance with Article 17(7) of the Treaty on European Union, Parliament shall elect the President of the Commission by a majority of its component Members.

The vote shall be taken by secret ballot.

The vote shall be taken by roll-call.

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

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

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

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

Justification

Amendment    140

Parliament's Rules of Procedure

Rule 118

Present text

Amendment

Rule 118

Rule 118

Election of the Commission

Election of the Commission

 

- 1.   The President shall invite the President-elect of the Commission to inform Parliament about the allocation of portfolio responsibilities in the proposed College of Commissioners in accordance with the political guidelines of the President-elect.

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

1.  The President shall, after consulting the President-elect of the Commission, request the nominees proposed by the President-elect of the Commission and by the Council for the various posts of Commissioner to appear before the appropriate committees or bodies according to their prospective fields of responsibility.

 

1a.  The hearings shall be conducted by the committees.

 

Exceptionally, a hearing may be carried out in a different format when a Commissioner-designate has responsibilities which are primarily horizontal, provided that such a hearing involves the committees responsible. The hearings shall be held in public.

2.   The President may invite the President-elect of the Commission to inform Parliament about the allocation of portfolio responsibilities in the proposed College of Commissioners in accordance with his or her political guidelines.

 

3.  The appropriate committee or committees shall invite the Commissioner-designate to make a statement and answer questions. The hearings shall be organised in such a way as to enable Commissioners-designate to disclose to Parliament all relevant information. Provisions relating to the organisation of the hearings shall be laid down in an annex to these Rules of Procedure16 .

3.  The appropriate committee or committees shall invite the Commissioner-designate to make a statement and answer questions. The hearings shall be organised in such a way as to enable Commissioners-designate to disclose to Parliament all relevant information. Provisions relating to the organisation of the hearings shall be laid down in an annex to these Rules of Procedure16 .

4.  The President-elect shall present the college of Commissioners and their programme at a sitting of Parliament which the President of the European Council and the President of the Council shall be invited to attend. The statement shall be followed by a debate.

4.  The President-elect shall be invited to present the college of Commissioners and their programme at a sitting of Parliament which the President of the European Council and the President of the Council shall be invited to attend. The statement shall be followed by a debate.

5.  In order to wind up the debate, any political group or at least 40 Members may table a motion for a resolution. Rule 123(3), (4) and (5) shall apply.

5.  In order to wind up the debate, any political group or at least 40 Members may table a motion for a resolution. Rule 123(3) to (5b) shall apply.

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

 

The vote shall be taken by roll call.

 

Parliament may defer the vote until the next sitting.

 

 

5a.  Following the vote on the motion for a resolution, Parliament shall elect or reject the Commission by a majority of the votes cast, by roll call. Parliament may defer the vote until the next sitting.

6.  The President shall inform the Council of the election or rejection of the Commission.

6.   The President shall inform the Council of the election or rejection of the Commission.

7.   In the event of a substantial portfolio change during the Commission’s term of office, the filling of a vacancy or the appointment of a new Commissioner following the accession of a new Member State, the Commissioners concerned shall be invited to appear before the committees responsible for the areas of responsibility in question in accordance with paragraph 3.

7.  In the event of a substantial portfolio change or a change in the composition of the Commission during the Commission’s term of office, the Commissioners concerned or any other Commissioners designate shall be invited to participate in a hearing held in accordance with paragraphs 1a and 3.

 

7a.  In the event of a change in the Commissioner’s portfolio or in the financial interests of a Commissioner during her or his term of office, this situation shall be subject to scrutiny by Parliament in accordance with Annex XVI.

 

If a conflict of interests is identified during a Commissioner’s term of office and the President of the Commission fails to implement Parliament’s recommendations for resolving that conflict of interests, Parliament may ask the President of the Commission to withdraw confidence in the Commissioner in question, pursuant to paragraph 5 of the Framework agreement on relations between the European Parliament and the European Commission and, where appropriate, to take action with a view to depriving the Commissioner in question of his right to a pension or other benefits in lieu of pension in accordance with the second paragraph of Article 245 of the Treaty on the Functioning of the European Union..

_______________

 

16 See Annex XVI.

 

Justification

The changes to this Rule transpose the principle set out in paragraph 5 of the EP resolution of 8 September 2015 on procedures and practices regarding Commissioner hearings.

Paragraph 2 of Rule 118 becomes paragraph 1 and "may" is replaced by "shall", since it corresponds to standard practice the last three subparagraphs of paragraph 5 are re-grouped into a new paragraph (5a)in order to facilitate the reading and the interpretation.

In paragraph 7, the reference to a new MS is deleted as it is not accurate given that the same procedure applies to any new Commissioner (resignation, new accession or other circumstances.)

Amendment    141

Parliament's Rules of Procedure

Rule 118 a (new)

Present text

Amendment

 

Rule 118 a

 

Multiannual programming

 

Upon the appointment of a new Commission, the Parliament, the Council and the Commission will, pursuant to paragraph 5 of the Interinstitutional Agreement on Better Law-Making, exchange views and agree on joint conclusions on multiannual programming.

 

To that effect, and before negotiating with the Council and the Commission on the joint conclusions on multiannual programming, the President shall hold an exchange of views with the Conference of Presidents regarding the principal policy objectives and priorities for the new legislative term. This exchange of views will take into consideration, inter alia, the priorities presented by the President-elect of the Commission, as well as the replies given by Commissioners-designate during the hearings provided for in Rule 118.

 

Before signing the joint conclusions, the President shall seek the approval of the Conference of Presidents.

Amendment    142

Parliament's Rules of Procedure

Rule 119

Present text

Amendment

Rule 119

Rule 119

Motion of censure on the Commission

Motion of censure on the Commission

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

1.  A motion of censure on the Commission may be submitted to the President by one tenth of the component Members of Parliament. If a motion of censure has been voted on in the preceding two months, a new one may be tabled only by one fifth of the component Members of Parliament.

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

2.  The motion shall be called 'motion of censure' and shall state reasons. It shall be forwarded to the Commission.

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

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

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

4.  The debate on censure shall not take place until at least 24 hours after the receipt 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 at least 48 hours after the beginning of the debate.

5.  The vote on the motion shall be by roll call and shall not be taken until at least 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.

6.  Without prejudice to paragraphs 4 and 5, 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 majority of 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 of the result of the vote.

7.  In accordance with Article 234 of the Treaty on the Functioning of the European Union, the motion of censure shall be adopted if it secures a two-thirds majority of 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 of the result of the vote.

Justification

The change to paragraph 6 is a technical clarification for the case of the Brussels mini-sessions.

Amendment    143

Parliament's Rules of Procedure

Rule 120

Present text

Amendment

Rule 120

Rule 120

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

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

On a proposal of its committee responsible, Parliament shall appoint its nominee to the panel of seven persons charged with scrutinising the suitability of candidates to hold the office of Judge or Advocate-General of the Court of Justice and the General Court.

On a proposal of its committee responsible, Parliament shall appoint its nominee to the panel of seven persons charged with scrutinising the suitability of candidates to hold the office of Judge or Advocate-General of the Court of Justice and the General Court. The committee responsible shall select the nominee it wishes to propose by holding a vote by simple majority. For that purpose, the coordinators of that committee shall establish a shortlist of candidates.

Justification

This change aligns Rule 120 to the existing practice.

Amendment    144

Parliament's Rules of Procedure

Rule 121

Present text

Amendment

Rule 121

Rule 121

Appointment of the Members of the Court of Auditors

Appointment of the Members of the Court of Auditors

1.  Candidates nominated as Members of the Court of Auditors shall be invited to make a statement before the committee responsible and to answer questions put by members. The committee shall vote on each nomination separately by secret ballot.

1.  Candidates nominated as Members of the Court of Auditors shall be invited to make a statement before the committee responsible and to answer questions put by members. The committee shall vote on each nomination separately by secret ballot.

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

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

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

3.  The vote in plenary shall take place within two months of receipt of the nomination unless Parliament, at the request of the committee responsible, a political group or at least 40 Members, decides otherwise. Parliament shall vote on each nomination separately by secret ballot.

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

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

Amendment    145

Parliament's Rules of Procedure

Rule 122

Present text

Amendment

Rule 122

Rule 122

Appointment of the Members of the Executive Board of the European Central Bank

Appointment of the Members of the Executive Board of the European Central Bank

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

1.  The candidate nominated as President, Vice-President or Member of the Executive Board of the European Central Bank shall be invited to make a statement before the committee responsible and to answer questions put by members.

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

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

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

3.  The vote shall take place within two months of receipt of the nomination unless Parliament, at the request of the committee responsible, a political group or at least 40 Members, decides otherwise. Parliament shall vote on each nomination separately by secret ballot.

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

4.  If the opinion adopted by Parliament on a nomination is unfavourable, the President shall ask for the withdrawal of the nomination and for the submission of a new nomination to Parliament.

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

 

Justification

The change in paragraph 1 aims to clarify that the procedure should be followed (and is actually followed) with regard to all members of the ECB Executive Board (cf. current § 5).

In paragraph 4, the words "the President shall ask the Council to withdraw its nomination and to submit a new nomination to Parliament" imply that Parliament is consulted by the Council. However, the wording of Article 283(2) TFEU is not clear in this respect.Where the EN wording of this Treaty provision might leave some doubt, the FR version clearly provides for a consultation by the European Council: "sont nommés par le Conseil européen ..., sur recommandation du Conseil et après consultation du Parlement européen".However, according to the DE version, Parliament is indeed consulted by the Council.Therefore Rule122 §4 has been reformulated so as to correspond with both versions.

§ 5.See suggested changes to §1

Amendment    146

Parliament's Rules of Procedure

Rule 122 a (new)

Present text

Amendment

 

Rule 122 a

 

Appointments to the economic governance bodies

 

1.  This Rule shall apply to the appointment of:

 

  the Chair and the Vice-Chair of the Supervisory Board of the Single Supervisory Mechanism;

 

  the Chair, the Vice-Chair and the full-time members of the Single Resolution Board of the Single Resolution Mechanism;

 

  the Chairs and Executive Directors of the European Supervisory Authority ( European Banking Authority, European Securities and Markets Authority, European Insurance and Occupational Pensions Authority) ; and

 

  the Managing Director and Deputy Managing Director of the European Fund for Strategic Investments.

 

2.  Each candidate shall be invited to make a statement before the committee responsible and to answer questions put by Members.

 

3.  The committee responsible shall make a recommendation to Parliament on each proposal for appointment.

 

4.  The vote shall take place within two months of receipt of the proposal for appointment unless Parliament, at the request of the committee responsible, a political group or at least 40 Members, decides otherwise. Parliament shall vote on each appointment separately by secret ballot.

 

5.  If the decision adopted by Parliament on a proposal for appointment is unfavourable, the President shall ask for its withdrawal and for the submission of a new proposal to Parliament.

Amendment    147

Parliament's Rules of Procedure

Rule 123

Present text

Amendment

Rule 123

Rule 123

Statements by the Commission, Council and European Council

Statements by the Commission, Council and European Council

1.   Members of the Commission, the Council and the European Council may at any time ask the President of Parliament for permission to make a statement. The President 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 and whether it is to be followed by a full debate or by 30 minutes of brief and concise questions from Members.

1.   Members of the Commission, the Council and the European Council may at any time ask the President of Parliament for permission to make a statement. The President 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 and whether it is to be followed by a full debate or by 30 minutes of brief and concise questions from Members.

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

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

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

3.  Motions for resolutions shall be put to the vote at the earliest possible voting time. The President shall decide on any exceptions. Explanations of vote shall be admissible.

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

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

 

4a.  If a joint motion for a resolution is tabled by political groups representing a clear majority, the President may put that motion to the vote first.

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

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

 

5a.  The author or authors of a motion for a resolution tabled under paragraph 2 or Rule 135(2) shall be entitled to withdraw it before the final vote.

 

5b.  A withdrawn motion for a resolution may be taken over and retabled immediately by a group, a committee or the same number of Members as is entitled to table it. Paragraphs 5a and this paragraph shall apply also to resolutions tabled under Rules 105 and 106.

Justification

Paragraph 5a covers the text moved currently in Rule 133(6) which has been streamlined.

Paragraph 5b consists of the text of current Rule 133(8) with an addition concerning the motions on delegated and implementing acts.

Amendment    148

Parliament's Rules of Procedure

Rule 124

Present text

Amendment

Rule 124

Rule 124

Statements explaining Commission decisions

Statements explaining Commission decisions

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

The President shall invite the President of the Commission, the Commissioner responsible for relations with the European Parliament or, by agreement, another Commissioner, to make a statement to Parliament after each meeting of the Commission, explaining the main decisions taken, unless, for timetabling reasons or because of the relative political relevance of the subject-matter, the Conference of Presidents decides that this is not necessary. The statement shall be followed by a debate of at least 30 minutes in which Members may put brief and concise questions.

Amendment    149

Parliament's Rules of Procedure

Rule 125

Present text

Amendment

Rule 125

Rule 125

Statements by the Court of Auditors

Statements by the Court of Auditors

1.   In the context of the discharge procedure or of Parliament's activities in the sphere of budgetary control, the President of the Court of Auditors may be invited to take 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 work programme.

1.  In the context of the discharge procedure or of Parliament's activities in the sphere of budgetary control, the President of the Court of Auditors may be invited to make a statement 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 work programme.

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

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

Justification

The wording "take the floor" is replaced with "make a statement" aligning this provision with the expression used in Rules 123(1) and 124 as well as to the reference to "statements" in paragraph 2 below.

Amendment    150

Parliament's Rules of Procedure

Rule 126

Present text

Amendment

Rule 126

Rule 126

Statements by the European Central Bank

Statements by the European Central Bank

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

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

2.   This presentation shall be followed by a general debate.

2.   This presentation shall be followed by a general debate.

3.   The President of the European Central Bank shall be invited to attend meetings of the committee responsible at least four times a year in order to make a statement and to answer questions.

3.   The President of the European Central Bank shall be invited to attend meetings of the committee responsible at least four times a year in order to make a statement and to answer questions.

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

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

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

5.  A verbatim report of the proceedings under paragraphs 3 and 4 shall be drawn up.

Justification

Since the latest change to Rule 194, the verbatim reports of the plenary are not drawn up anymore in all languages.At committee level, the standing practice concerning the monetary dialogue is to have a transcript of the proceedings which is then translated in three languages.

Amendment    151

Parliament's Rules of Procedure

Rule 127

Present text

Amendment

Rule 127

deleted

Recommendation on the broad guidelines of economic policies

 

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

 

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

 

Justification

To be deleted as not applied in practice.In practice, ECON and EMPL Committees INI reports in this area are based on the decision of the Conference of Presidents of 5 July 2012; the CoP decided to authorise (annually, automatically and out of quota) the following INI reports:- after the release of the AGS, and in view of the Spring Summit : ECON INI (+ BUDG under Rule 54) as well as EMPL INI (+ BUDG under Rule 54)- early Autumn : ECON INI evaluating the implementation of the ongoing semester and providing input for the upcoming year’s AGS

Amendment    152

Parliament's Rules of Procedure

Rule 128

Present text

Amendment

Rule 128

Rule 128

Questions for oral answer with debate

Questions for oral answer with debate

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

1  Questions may be put to the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy by a committee, a political group or at least 40 Members with a request that they be placed on the agenda of Parliament.

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

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

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

The Conference of Presidents shall decide whether questions should be placed on the draft agenda in accordance with the procedure provided for in Rule 149. Questions not placed on Parliament's draft agenda within three months of being submitted shall lapse.

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

2.  Questions to the Commission and to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy must be referred to the addressee at least one week before the sitting on whose agenda they are to appear and questions to the Council at least three weeks before that date.

3.   Where the questions concern matters referred to in Article 42 of the Treaty on European Union, the time limit provided for in paragraph 2 of this Rule shall not apply, and the Council must reply sufficiently promptly to keep Parliament properly informed.

3.  Where the questions concern the common security and defence policy, the time limits provided for in paragraph 2 shall not apply, and the reply must be given sufficiently promptly to keep Parliament properly informed.

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

4.  One of the questioners may move the question. The addressee shall answer.

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

 

5.   Rule 123(2) to (5) shall apply mutatis mutandis.

5.  Rule 123(2) to (5b) concerning the tabling and voting of motions for resolutions shall apply mutatis mutandis.

Justification

Paragraph 1 is brought up to date, as following the entry into force of the Lisbon Treaty its text should include the possibility to submit Oral Questions to the Vice-President / High Representative Furthermore, the change made refloect the fact that the CoP does not decide on each and every Oral Question tabled, but simply adopts the Draft Agenda and Final Draft Agenda, including the possible Oral Questions. The reference to Rule 149 is introduced as the recommendation by the CCC referred to in Rule 149(1) includes a list of Oral Questions.

In paragraph 2 the words "that institution" cannot be used anymore if the VP/HR is added, therefore it is suggested to use "addressee" like in Annex III to the Rules.

Changes to paragraph 3 aim to increase the readability as this paragraph provides for two time limits.

Paragraph 4 is modified as having speaking time for the authors of the Oral Question does not seem useful especially as the Rules of Procedure do not establish the speaking time for other speakers in Plenary (rapporteurs, rapporteurs for opinion, authors of the motions for resolutions of Rule 135, other institutions, etc.). Speaking time is agreed with political groups and indicated in the Agenda of the Plenary. In addition, as regards authors of oral questions, when there is more than one author (e.g. several OQs on the same subject or one OQ tabled by several political groups or committees, but not in the case of an OQ tabled by 40+ MEPs), speaking time for each author or co-author is 2 minutes, not 5. This is why the reference to 5 minutes is deleted.

The second subparagraph of paragraph 2 is deleted as it is valid in the case of a question tabled jointly by several committees or political groups, as ad hoc arrangements are frequent, e.g. for questions tabled jointly by several committees.

Amendment    153

Parliament's Rules of Procedure

Rule 129

Present text

Amendment

Rule 129

Rule 129

Question Time

Question Time

1.   Question Time with the Commission shall be held at each part-session for a duration of 90 minutes on one or more specific horizontal themes to be decided upon by the Conference of Presidents one month in advance of the part-session.

1.  Question Time with the Commission may be held at each part-session for a duration of up to 90 minutes on one or more specific horizontal themes to be decided upon by the Conference of Presidents one month in advance of the part-session.

2.   The Commissioners invited to participate by the Conference of Presidents shall have a portfolio related to the specific horizontal theme or themes on which questions are to be put to them. The number of Commissioners shall be limited to two per part-session, with the possibility of adding a third being dependent on the specific horizontal theme or themes chosen for the Question Time.

2.   The Commissioners invited to participate by the Conference of Presidents shall have a portfolio related to the specific horizontal theme or themes on which questions are to be put to them. The number of Commissioners shall be limited to two per part-session, with the possibility of adding a third being dependent on the specific horizontal theme or themes chosen for the Question Time.

3.   Question time shall be conducted in accordance with a ballot-system the details of which are laid down in an annex to these Rules of Procedure17 .

 

4.   In accordance with guidelines established by the Conference of Presidents, specific question hours may be held with the Council, with the President of the Commission, with the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and with the President of the Eurogroup.

4.   In accordance with guidelines established by the Conference of Presidents, specific question hours may be held with the Council, with the President of the Commission, with the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and with the President of the Eurogroup.

 

4a.  Question time shall not be specifically allocated in advance. The President shall ensure, as far as possible, that Members holding different political views and from different Member States are given the opportunity to put a question in turn.

 

4b.  The Member shall be given one minute in which to formulate the question and the Commissioner two minutes in which to reply. That Member may put a supplementary question, of 30 seconds duration, having a direct bearing on the main question. The Commissioner shall then be given two minutes in which to give a supplementary reply.

 

Questions and supplementary questions must be directly related to the specific horizontal theme decided under paragraph 1. The President may rule on their admissibility.

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17 See Annex II.

 

Justification

The change in paragraph 4a suggests to use the "Catch the eye" procedure. Paragraph 4b takes over the contents of paragraphs 2 and 3 of Annex II. As a consequence of these changes Annex will be deleted.

Amendment    154

Parliament's Rules of Procedure

Rule 130

Present text

Amendment

Rule 130

Rule 130

Questions for written answer

Questions for written answer

1.   Any Member may put questions for written answer to the President of the European Council, the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy in accordance with criteria laid down in an annex to these Rules of Procedure18 .The content of questions shall be the sole responsibility of their authors.

1.   Any Member may put questions for written answer to the President of the European Council, the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy in accordance with criteria laid down in an annex to these Rules of Procedure18 .The content of questions shall be the sole responsibility of their authors.

2.   Questions shall be submitted to the President. Doubts concerning the admissibility of a question shall be settled by the President. The President's decision shall be based not exclusively on the provisions of the annex referred to in paragraph 1 but on the provisions of these Rules of Procedure in general. The questioner shall be notified of the President's decision.

2.   Questions shall be submitted to the President. Doubts concerning the admissibility of a question shall be settled by the President. The President's decision shall be based not exclusively on the provisions of the annex referred to in paragraph 1 but on the provisions of these Rules of Procedure in general. The questioner shall be notified of the President's reasoned decision.

3.  Questions shall be submitted in electronic format. Each Member may submit a maximum of five questions per month.

3.  Questions shall be submitted in electronic format. Each Member may submit a maximum of twenty questions over a rolling period of three months.

By way of exception, additional questions may be submitted in the form of a paper document tabled and signed personally by the Member concerned in the relevant service of the Secretariat.

 

After a period expiring one year from the beginning of the eighth parliamentary term, the Conference of Presidents shall carry out an assessment of the regime in respect of additional questions.

 

The expression "by way of exception" is to be interpreted as meaning that the additional question concerns a matter of urgency and that the submission of that question cannot wait until the following month. Furthermore, the number of questions tabled under the second subparagraph of paragraph 3 must be smaller than the norm of five questions per month.

 

 

3a.  A question may be supported by Members other than the author. Such questions shall only count towards the author’s and not the supporter’s maximum number of questions under paragraph 3.

4.  If a question cannot be answered within the time limit set it shall, at the request of the author, be placed on the agenda for the next meeting of the committee responsible. Rule 129 shall apply mutatis mutandis.

4.  If a question cannot be answered by the addressee within three weeks (priority question) or of six weeks (non-priority question) of being forwarded to the addressee, it may, at the request of the author, be placed on the agenda for the next meeting of the committee responsible.

Since the chair of a committee is empowered by Rule 206(1) to convene a meeting of that committee, it is up to him, in the interest of the proper organisation of proceedings, to determine the draft agenda of the meeting he has convened. This prerogative is without prejudice to his obligation under Rule 130(4) to place a written question, at the request of its author, on the draft agenda for the next meeting of the committee. However, the chair has the discretionary power to propose, in the light of political priorities, the agenda and procedural arrangements for the meeting (e.g. a procedure without debate, possibly with the adoption of a decision on action to be taken, or, where appropriate, a recommendation to carry over the item to a subsequent meeting).

 

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

5.  Each Member may table one priority question each month.

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

 

6.   Questions and answers shall be published on Parliament’s website.

6.  Questions and answers including any related annexes shall be published on Parliament’s website.

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18 See Annex III.

18 See Annex III.

Justification

Several changes are made to this Rule. Paragraph 2 is aligned with Rule 136 paragraph 2. In practice, the author always receives an explanation of the reasons why the question was considered inadmissible by the President.

Second subparagraph of paragraph 3 is deleted in accordance with the plenary decision of 29 April 2015.The EP resolution of 29 April 2015 on Parliament's estimates of revenue and expenditure calls upon the EP"- to limit, for each Member, the number of parliamentary questions submitted in electronic format to a maximum of five questions per month (not taking into account the co-authors);- to abolish the possibility to submit any additional questions [...];- [...]- expects the revised rules to be applicable as of January 2016."On 9 September 2015, the following interpretation was adopted: "The expression 'by way of exception' is to be interpreted as meaning that the additional question concerns a matter of urgency and that the submission of that question cannot wait until the following month. Furthermore, the number of questions tabled under the second subparagraph of paragraph 3 must be smaller than the norm of five questions per month". In accordance wit the)CoP decision of 9 December 2015, subparagraph 3 of paragraph 3 is also deleted.

Subparagraph 4 of paragraph 3 is also deleted because it is obsolete given that the additional questions are abolished.

Changes to paragraph 4 aim at clarifying the provision. Currently, the application mutatis mutandis of Rule 129 raises doubts since the latest amendments thereto. Furthermore, since the increased number of written questions caused delays in the Institutions' replies, these written questions tend to appear more and more often on the committees' agendas, so it is suggested that the placement on the Committee agenda should not be automatic.

Changes to paragraph 5 aim to correct the fact that the current text imposes an obligation on third parties. As regards the research needed as a criterion for establishing the priority, practice shows that it is difficult to invoke it; the substance of the questions should give an indication whether it is a priority question or not.

Amendment    155

Parliament's Rules of Procedure

Rule 131

Present text

Amendment

Rule 131

Rule 131

Questions for written answer to the European Central Bank

Questions for written answer to the European Central Bank

1.   Any Member may put a maximum of six questions per month for written answer to the European Central Bank in accordance with criteria laid down in an annex to these Rules of Procedure19 . The content of questions shall be the sole responsibility of their authors.

1.   Any Member may put a maximum of six questions per month for written answer to the European Central Bank in accordance with criteria laid down in an annex to these Rules of Procedure19 . The content of questions shall be the sole responsibility of their authors.

2.   Such questions shall be submitted in writing to the Chair of the committee responsible, who shall notify them to the European Central Bank. Doubts concerning the admissibility of a question shall be settled by the Chair. The questioner shall be notified of the Chair's decision.

2.   Such questions shall be submitted in writing to the Chair of the committee responsible, who shall notify them to the European Central Bank. Doubts concerning the admissibility of a question shall be settled by the Chair. The questioner shall be notified of the Chair's decision.

3.   Questions and answers shall be published on Parliament’s website

3.   Questions and answers shall be published on Parliament’s website

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

4.  If a question has not received a reply within six weeks, it may be included, at the request of its author, on the agenda for the next meeting of the committee responsible with the President of the European Central Bank.

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19 See Annex III.

19 See Annex III.

Justification

The change in paragraph 4 reflect the practice in ECON to request the response as soon as possible and in any event within 6 weeks. Furtermore, similarly to the change made in Rule 130 (4), it is suggested that the placement on the ECON committee's agenda should not be automatic.

Amendment    156

Parliament's Rules of Procedure

Rule 131 a (new)

Present text