The European Parliament,

–   having regard to the letter of 18 March 2005 from its President,

–   having regard to the amendments to its Rules of Procedure drawn up by the Bureau on 7 March 2005,

–   having regard to Rule 202 of its Rules of Procedure,

–   having regard to the report of the Committee on Constitutional Affairs (A6-0413/2005),

A.   whereas it must be possible for the business of the House to be conducted in a dignified atmosphere, although the vibrancy of plenary debates must also be maintained,

B.   whereas the provisions currently included in its Rules of Procedure do not allow for an appropriate response in the event of disruption of its business or of other activities taking place within its precincts,

C.   whereas, as is the case in all parliamentary assemblies, provision must be made for the possibility of penalties being imposed on any Member or Members not complying with the standards of conduct, for the definition of the major principles of which, as well as for the devising of an internal appeals procedure that guarantees the right of defence of Members on whom penalties have been imposed, it bears responsibility,

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

2.  Decides that these amendments shall enter into force on the first day of the next part-session, pursuant to Rule 202(3) of its Rules of Procedure;

3.  Instructs its President to forward this decision to the Council, to the Commission and to the parliaments of the Member States, for information.

Present text   Amendments Amendment 1 Rule 9, title and paragraph 1, subparagraph 1 Code of conduct Members' financial interests, standards of conduct and access to Parliament 1.  Parliament may lay down a code of conduct for its Members. The code shall be adopted pursuant to Rule 202(2) and attached to these Rules of Procedure as an annex. 1.  Parliament may lay down rules governing the transparency of its Members' financial interests, which shall be attached to these Rules of Procedure as an annex. Amendment 2 Rule 9, paragraph 1 a (new) 1a. 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. Failure to comply with these principles may lead to application of the measures provided for in Rules 146, 147 and 148. Amendment 3 Rule 9, paragraph 1 b (new) 1b. The application of this Rule shall in no way 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 applicable to them. 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. Amendment 4 Interpretation of Rule 22, paragraph 3 The term 'conduct of sittings' includes the matter of the conduct of Members within all of Parliament's premises. Amendment 5 Rule 96, paragraph 3 3.  Committees shall normally meet in public. They may decide, however, at the latest when the agenda of a meeting is adopted, to divide the agenda for that meeting 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 European Parliament and Council Regulation (EC) No 1049/2001, open documents and minutes from the meeting to public access. 3.  Committees shall normally meet in public. They may decide, however, at the latest when the agenda of a meeting is adopted, to divide the agenda for that meeting 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 European Parliament and Council Regulation (EC) No 1049/2001, open documents and minutes from the meeting to public access. Rule 147 shall apply in the event of any breach of the rules governing confidentiality. Amendment 6 Title VI, Chapter 3 a (new), title (new) CHAPTER 3a MEASURES TO BE TAKEN IN THE EVENT OF NON-COMPLIANCE WITH THE STANDARDS OF CONDUCT OF MEMBERS (to be inserted before Rule 146) Amendment 7 Rule 146, title and paragraph 1 Order in the Chamber Immediate measures 1.  The President shall call to order any Member who creates a disturbance during the proceedings. 1.  The President shall call to order any Member who disrupts the smooth conduct of the proceedings or whose conduct fails to comply with the relevant provisions of Rule 9. Amendment 8 Rule 146, paragraph 3 3.  If a further offence is committed, the President may exclude the offender from the Chamber for the remainder of the sitting. The Secretary-General shall see to it that this disciplinary measure is carried out immediately, with the assistance of the ushers and, if necessary, of Parliament's Security Service. 3.  Should the disturbance continue, or if a further offence is committed, the President may deny the offender the right to speak and exclude him from the Chamber for the remainder of the sitting. He may also resort to the latter measure immediately and without a second call to order in cases of exceptional seriousness. The Secretary-General shall, without delay, see to it that such disciplinary measures are carried out, with the assistance of the ushers and, if necessary, of Parliament's Security Service. Amendment 9 Rule 146, paragraph 3 a (new) 3a. Should disturbances threaten to obstruct the business of the House, the President shall close or suspend the sitting for a specific period to restore order. If he cannot make himself heard, he shall leave the Chair; this shall have the effect of suspending the sitting. The President shall reconvene the sitting. Amendment 10 Rule 146, paragraph 3 b (new) 3b. The powers provided for in paragraphs 1 to 3a shall be vested, mutatis mutandis, in the presiding officers of bodies, committees and delegations as provided for in the Rules of Procedure. Amendment 11 Rule 146, paragraph 3 c (new) 3c. Where appropriate, and bearing in mind the seriousness of the breach of the Members' standards of conduct, the Member in the Chair may, no later than the following part-session or the following meeting of the body, committee or delegation concerned, ask the President to apply Rule 147 . Amendment 12 Rule 147 Exclusion of Members Penalties 1.  In serious cases of disorder or disruption of Parliament, the President may after giving formal notice, move, either immediately or no later than the next part-session, that Parliament pass a vote of censure which shall automatically involve immediate exclusion from the Chamber and suspension for two to five days. 1.  In exceptionally serious cases of disorder or disruption of Parliament in violation of the principles laid down in Rule 9, the President, after hearing the Member concerned, shall adopt a reasoned decision laying down the appropriate penalty, which he shall notify to the Member concerned and to the presiding officers of the bodies, committees and delegations on which the Member serves, before announcing them to plenary. 2.   Parliament shall decide whether to take such disciplinary action at a time to be decided by the President, which shall be either at the sitting during which the events in question occurred or, in the case of disruption outside the Chamber, when the President was informed, or at the latest at the next part-session. The Member concerned shall be entitled to be heard by Parliament before the vote. His speaking time shall not exceed five minutes. 2.   When assessing the conduct observed account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness, on the basis of the guidelines annexed to these Rules of Procedure.* 3.  An electronic vote shall be taken without debate on the request for disciplinary action. Requests submitted pursuant to Rule 149(3) or 160(1) shall not be admissible. 3.  The penalty may consist of one or more of the following measures: (a) a reprimand; (b) forfeiture of entitlement to the daily subsistence allowance for a period of between 2 and 10 days; (c) without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conducts, temporary suspension, for a period of between 2 and 10 consecutive days on which Parliament or any of its bodies, committees or delegations meet, from participation in all or some of the activities of Parliament; (d) submission to the Conference of Presidents, pursuant to Rule 18, of a proposal for the Member's suspension or removal from one or more of the elected offices held by the Member in Parliament. * See Annex XVIa. Amendment 13 Rule 148 Disturbances Internal appeal procedures Should disturbances in Parliament threaten to obstruct the business of the House, the President shall close or suspend the sitting for a specific period to restore order. If he cannot make himself heard, he shall leave the Chair. This shall have the effect of suspending the sitting. The President shall reconvene the sitting. The Member concerned may lodge an internal appeal with the Bureau within two weeks of notification of the penalty imposed by the President. Such an appeal shall have the effect of suspending the application of that penalty. The Bureau may, not later than four weeks after the lodging of the appeal, annul, confirm or reduce the penalty imposed, without prejudice to the external rights of appeal open to the Member concerned. Should the Bureau fail to take a decision within the time-limit laid down, the penalty shall be declared null and void. Amendment 14 Annex XVI a (new) ANNEX XVIa Guidelines for the interpretation of the standards of conduct of Members 1.  A distinction should be drawn between visual actions, which may be tolerated, provided they are not offensive and/or defamatory, remain within reasonable bounds and do not lead to conflict, and those which actively disrupt any parliamentary activity whatsoever. 2.  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. The President or his representatives may exercise disciplinary powers over such persons and any other outside person present on Parliament's premises.