on the adaptation of Parliament's Rules of Procedure to the revised framework agreement on relations between the European Parliament and the European Commission
on the adaptation of Parliament's Rules of Procedure to the revised framework agreement on relations between the European Parliament and the European Commission
– having regard to Rules 127, 211 and 212 of its Rules of Procedure,
– having regard to its decision of ... on the revision of the framework agreement on relations between the European Parliament and the Commission(1),
– having regard to the report of the Committee on Constitutional Affairs (A7-0278/2010),
1. Decides to amend its Rules of Procedure as shown below;
2. Points out that the amendments will enter into force on the first day after the entry into force of the revised framework agreement;
3. Instructs its President to forward this decision to the Council and the Commission, for information.
Amendment 1
Parliament's Rules of Procedure
Rule 9 – paragraph 2
Present text
Amendment
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.
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.
Failure to comply with those standards may lead to application of the measures provided for in Rules 152, 153 and 154.
Failure to comply with those standards and rules may lead to application of measures in accordance with Rules 152, 153 and 154.
(Amendment to Rule 9 – paragraph 2, Amendment to Rule 23 – paragraph 11 a (new) and Amendment to Annex VIII – part A – paragraph 5 are connected)
Amendment 2
Parliament's Rules of Procedure
Rule 23 – paragraph 11 a (new)
Present text
Amendment
11a. 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 Procedure.
(This provision replaces Annex VIII – part A – paragraph 1 – subparagraph 4, which shall be deleted if this amendment is adopted)
(Amendment to Rule 9 – paragraph 2 and Amendment to Rule 23 – paragraph 11 a (new) are connected)
Amendment 3
Parliament's Rules of Procedure
Rule 35
Present text
Amendment
The Commission's legislativeand work programme
The Commission's Work Programme
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's annual legislative and work programme in accordance with the timetable and arrangements agreed between the two institutions and annexed to these Rules of Procedure.
Parliament and the Commission shall cooperate in preparing the Commission's 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 Procedure.
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 annual legislative and work programme.
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 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 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.
The President shall ask the Council to express an opinion on the Commission's annual legislative and work programme and on Parliament's resolution.
The President shall ask the Council to express an opinion on the Commission's 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.
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.
Justification
The Commission's annual legislative and work programme is being replaced by the Work Programme. Adjustment to new provisions of the point 53 of the revised Framework Agreement.
Amendment 4
Parliament's Rules of Procedure
Rule 43 – paragraph 1 – subparagraph 3
Present text
Amendment
In cases where a proposal is listed in the Annual Legislative Programme the committee responsible may decide to appoint a rapporteur to follow the preparatory phase of the proposal.
In cases where a proposal is listed in the Work Programme the committee responsible may decide to appoint a rapporteur to follow the preparatory phase of the proposal.
Justification
The Commission's annual legislative and work programme is being replaced by the Work Programme.
Amendment 5
Parliament's Rules of Procedure
Rule 44 – paragraph 3
Present text
Amendment
3. Before the committee responsible proceeds to the vote, it shall ask the Commission whether it has prepareda position on the initiative and if so request the Commission to state its position to the committee.
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.
Justification
Adjustment to new provisions of the point 38 of the revised Framework Agreement.
Amendment 6
Parliament's Rules of Procedure
Rule 45 – paragraph 2
Present text
Amendment
2. Following a decision on the procedure to be followed, and if Rule 46 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 annual legislative and work programme agreed under Rule 35.
2. Following a decision on the procedure to be followed, and if Rule 46 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 Work Programme agreed under Rule 35.
Justification
The Commission's annual legislative and work programme is being replaced by the Work Programme.
Amendment 7
Parliament's Rules of Procedure
Rule 90 – paragraph 1
Present text
Amendment
1. When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, 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 49(1). Rules 188(2), 50 or 51 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 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 49(1). Rules 188(2), 50 or 51 shall apply where appropriate.
The Chairs and rapporteurs of the committee responsible and of any associated committees shall jointly take appropriate action to ensure that the Commission provides Parliament with full information about the recommendations for a negotiating mandate, if necessary on a confidential basis, and with the information referred to in paragraphs 3 and 4.
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 Agreementon 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.
Justification
Adjustment to new provisions of the Treaty of Lisbon and Annex 3, points 1 and 2 of the revised Framework Agreement. The obligation to inform applies to both the Commission and the Council, because the negotiating directives are adopted by the Council.
Amendment 8
Parliament's Rules of Procedure
Rule 90 – paragraph 4
Present text
Amendment
4. 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.
deleted
Amendment 9
Parliament's Rules of Procedure
Rule 91
Present text
Amendment
Where the Commission and/or the Council are under anobligation to inform Parliament immediately and fully, in accordance with Article 218(10)of the Treaty on the Functioning of the European Union, a statement shall be made in Parliament, followed by a debate. Parliament may issue recommendations pursuant to Rule 90 or 97.
Where the Commission, in accordance with its obligations under the Treaty on the Functioning of the European Union and the Framework Agreementon 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 90 or 97.
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.
Justification
Adjustment to new provisions of the annex 3, points 7 and 8 of the revised Framework Agreement.
Amendment 10
Parliament's Rules of Procedure
Rule 137 – paragraph 1 – subparagraph 1
Present text
Amendment
1. Before each part-session the draft agenda shall be drawn up by the Conference of Presidents on the basis of recommendations by the Conference of Committee Chairs taking into account the agreed annual legislative and work programme referred to in Rule 35.
1. Before each part-session the draft agenda shall be drawn up by the Conference of Presidents on the basis of recommendations by the Conference of Committee Chairs taking into account the agreed Work Programme referred to in Rule 35.
Justification
The Commission's annual legislative and work programme is being replaced by the Work Programme.
Provisions of this paragraph shall be interpreted in accordance with the paragraph 50 of the Framework Agreement on relations between the European Parliament and the European Commission.
Amendment 12
Parliament's Rules of Procedure
Annex II – part A – paragraph 3
Present text
Amendment
3. A question shall be inadmissible if an identical or similar question has been put down and answered during the preceding three months unless there are new developments or the author is seeking further information. In the first case a copy of the question and the answer shall be given to the author.
3. A question shall be inadmissible if an identical or similar question has been put down and answered during the preceding three months, or to the extent that it merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication, unless there are new developments or the author is seeking further information. In the first case a copy of the question and the answer shall be given to the author.
Justification
Adjustment to new provisions of the point 16 of the revised Framework Agreement.
Amendment 13
Parliament's Rules of Procedure
Annex III – paragraph 3
Present text
Amendment
3. If an identical or similar question has been put and answered during the preceding six months, the Secretariat shall transmit a copy of the previous question and answer to the author. The renewed question shall not be forwarded to the addressee unless the author invokes new significant developments or is seeking further information.
3. If an identical or similar question has been put and answered during the preceding six months, or to the extent that a question merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication, the Secretariat shall transmit a copy of the previous question and answer to the author. The renewed question shall not be forwarded to the addressee unless the author invokes new significant developments or is seeking further information.
Justification
Adjustment to new provisions of the point 16 of the revised Framework Agreement.
Amendment 14
Parliament's Rules of Procedure
Annex VIII – part A – paragraph 5
Present text
Amendment
5. Penalties: In cases of infringement, the chair of the committee shall, after consulting the vice-chairs, lay down in a reasoned decision the penalties to be applied (reprimand, exclusion from the committee for a shorter or longer period or permanently).
5. Penalties: In cases of infringement, the chair of the committee shall proceed in accordance with Rules 9(2), 152, 153 and 154.
The member concerned may lodge an appeal without suspensory effect against this decision. This appeal shall be considered jointly by the Conference of Presidents of the European Parliament and the bureau of the committee concerned. Their majority decision shall be final.
If it is proved that an official has failed to respect confidentiality, the penalties for which the Staff Regulations provide shall apply.
Andrew Henry William Brons, Carlo Casini, Andrew Duff, Zita Gurmai, Gerald Häfner, Ramón Jáuregui Atondo, Constance Le Grip, Morten Messerschmidt, Paulo Rangel, Algirdas Saudargas, György Schöpflin, Rafał Trzaskowski, Luis Yáñez-Barnuevo García
Substitute(s) present for the final vote
Enrique Guerrero Salom, Alexandra Thein
Substitute(s) under Rule 187(2) present for the final vote
Inés Ayala Sender, Maria Da Graça Carvalho, José Manuel Fernandes, Nuno Teixeira