Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | AFCO | CASINI Carlo ( PPE) | MARTIN David ( S&D), DUFF Andrew ( ALDE), HÄFNER Gerald ( Verts/ALE), FOX Ashley ( ECR), MESSERSCHMIDT Morten ( EFD) |
Lead committee dossier:
Legal Basis:
RoP 237-p1
Legal Basis:
RoP 237-p1Events
The European Parliament decided, by 619 votes to 2 with 6 abstentions, to make some amendments to the Rules of Procedure relating to a Code of Conduct for Members of the European Parliament with respect to financial interests and conflicts of interest.
Parliament decided that the following amendments will enter into force on 1 January 2012:
Code of conduct : the amended regulation states that Parliament lays down rules governing the transparency of its Members’ financial interests in the form of a Code of Conduct with respect to financial interests and conflicts of interest.
Key principles : in the exercise of their functions, Members shall:
be guided by and observe the following general principles of conduct: disinterest, integrity, openness, diligence, honesty, accountability and respect for Parliament’s reputation; act solely in the public interest and refrain from obtaining or seeking to obtain any direct or indirect financial benefit or other reward.
Main duties of Members : in exercising their duties, Members of the European Parliament shall:
not enter into any agreement to act or vote in the interest of any other legal or natural person that would compromise their voting freedom; not solicit, accept or receive any direct or indirect financial benefit or other reward in exchange for influencing, or voting on, legislation, motions for a resolution, written declarations or questions tabled in Parliament or any of its committees; consciously seek to avoid any situation which might imply bribery or corruption.
Conflicts of interest: it is specified that a conflict of interest exists where a Member of the European Parliament has a personal interest that could improperly influence the performance of his or her duties as a Member. A conflict of interest does not exist where a Member benefits only as a member of the general public or of a broad class of persons.
Any Member who finds that he or she has a conflict of interest shall immediately take the necessary steps to address it, in accordance with the principles and provisions of this Code of Conduct. If the Member is unable to resolve the conflict of interest, he or she shall report this to the President in writing.
Members shall disclose, before speaking or voting in Plenary or in one of Parliament’s bodies, or if proposed as a rapporteur, any actual or potential conflict of interest in relation to the matter under consideration.
Declaration by Members : Members of the European Parliament shall be personally responsible for submitting a declaration of financial interests to the President by the end of the first part-session after elections to the European Parliament.
The declaration of financial interests shall contain, among other things, the following information, which shall be provided in a precise manner:
the Member’s occupation(s) during the three-year period before he or she took up office with the Parliament, and his or her membership during that period of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law; any regular remunerated activity which the Member undertakes alongside the exercise of his or her office, whether as an employee or as a self-employed person; any occasional remunerated outside activity (including writing, lecturing or the provision of expert advice), if the total remuneration exceeds EUR 5 000 in a calendar year; any support, whether financial or in terms of staff or material, additional to that provided by Parliament and granted to them in connection with their political activities by third parties, whose identity shall be disclosed.
Members shall notify the President of any changes that have on influence on their declaration within 30 days of each change occurring.
Members may not be elected as office-holders of Parliament or of one of its bodies, be appointed as a rapporteur or participate in an official delegation, if they have not submitted their declaration of financial interests.
Gifts or similar benefits : Members of the European Parliament shall refrain from accepting, in the performance of their duties, any gifts or similar benefits, other than those with an approximate value of less than EUR 150 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.
Any gifts presented to Members, when they are representing Parliament in an official capacity shall be handed over to the President of the Parliament.
The reimbursement of travel, accommodation and subsistence expenses of Members, or the direct payment of such expenses by third parties are not considered as gifts when they participate in an event pursuant to an official invitation.
Sanctions: where a rapporteur breaches the provisions of the Code of Conduct for Members of the European Parliament with respect to financial interests and conflicts of interest, the committee that appointed him or her may, on the initiative of the President and on a proposal by the Conference of Presidents, terminate the holding of that office.
Activities of former Members : former Members of the European Parliament who engage in professional lobbying or representational activities directly linked to the European Union decision-making process may not, throughout the period in which they engage in those activities, benefit from the facilities granted to former Members under the rules laid down by the Bureau to that effect.
Advisory Committee on the Conduct of Members: the Advisory Committee - composed of five members, appointed by the President at the beginning of his or her term-of-office from amongst the members of the bureaux and the coordinators of the Committee on Constitutional Affairs and the Committee on Legal Affairs – shall be established.
Upon request by a Member, the Advisory Committee shall give him or her, in confidence, guidance on the interpretation and implementation of the provisions of the Code of Conduct. At the request of the President, the Advisory Committee shall also assess alleged cases of breach of this Code of Conduct and advise the President on possible action to be taken.
The Advisory Committee cannot be established before the end of January 2012. Members will have 90 days following the entry into force of the Code of Conduct to submit the declaration of financial interests referred to in that Code. Declarations submitted on the basis of the provisions of the Rules of Procedure in force on the date this decision is adopted will remain valid until the expiry of the aforementioned deadline.
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T7-0540/2011
- Committee report tabled for plenary, single reading: A7-0386/2011
- Committee report tabled for plenary: A7-0386/2011
- Amendments tabled in committee: PE475.805
- Committee draft report: PE472.185
- Committee draft report: PE472.185
- Amendments tabled in committee: PE475.805
- Committee report tabled for plenary, single reading: A7-0386/2011
Activities
- Giuseppe GARGANI
Plenary Speeches (2)
- 2016/11/22 Amendment to Rules of Procedure regarding code of conduct for Members of the European Parliament in respect of financial interests and conflicts of interest (A7-0386/2011 - Carlo Casini)
- 2016/11/22 Amendment to Rules of Procedure regarding code of conduct for Members of the European Parliament in respect of financial interests and conflicts of interest (A7-0386/2011 - Carlo Casini)
- Carlo CASINI
Amendments | Dossier |
50 |
2011/2174(REG)
2011/11/07
AFCO
50 amendments...
Amendment 15 #
Parliament's Rules of Procedure Motion for a decision Indent 2 a (new) – having regard to Protocol (No 7) on the Privileges and Immunities of the European Union,
Amendment 16 #
A. whereas it should be emphasised that the objective of the new code of conduct is to combat all forms of corruption. Consequently all substantiated allegations of corruption should lead to suspension of parliamentary immunity and criminal investigation at the relevant courts rather than an administrative procedure initiated by the Advisory Committee. This is not only to ensure that culprits are convicted in accordance with laws against corruption, but also to ensure that the fundamental rights of a fair trial guaranteed under the provisions of Article 6 of the European Convention of Human Rights are observed,
Amendment 17 #
Parliament's Rules of Procedure Motion for a decision Recital B (new) B. whereas the suspension of parliamentary immunity is always decided upon by request from national authorities, it is stressed that any decision on such matter by the Advisory Committee shall be communicated to the relevant national authorities,
Amendment 18 #
Parliament's Rules of Procedure Rule 19 The Conference of Presidents may, acting by a majority of three-fifths of the votes cast, representing at least three political groups, propose to Parliament that it terminate the holding of office of the President, a Vice-President, a Quaestor, a Chair or Vice-Chair of a committee, a Chair or Vice-Chair of an interparliamentary delegation, or any other holder of an office elected within the Parliament, where it considers that the Member in question has been guilty of serious misconduct.
Amendment 19 #
Draft report Rule 19 – interpretation (new) Amendment 20 #
Parliament's Rules of Procedure Rule 32 – paragraph 2 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. Such groupings shall
Amendment 21 #
Parliament's Rules of Procedure Rule 153 – paragraph 3 – point c a (new) (ca) submission to the Conference of Presidents of a proposal to deprive a Member of a rapporteurship;
Amendment 22 #
Parliament's Rules of Procedure Rule 153 – paragraph 3 – point d d) submission to the Conference of Presidents, in accordance with Rule 19, of a proposal for the Member's suspension or removal from one or more of the
Amendment 23 #
Parliament's Rules of Procedure Annex I – Article 1 – paragraph 1 a (new) Amendment 24 #
Parliament's Rules of Procedure Annex I – Article 1 – paragraph 1 b (new) 1b. Members may not be elected as office- holders of Parliament or one of its bodies, appointed as rapporteur, or participate in an official delegation, if they have not submitted their declaration of financial interests.
Amendment 25 #
Parliament's Rules of Procedure Annex I – Article 2 – paragraph 2 Members
Amendment 26 #
Parliament's Rules of Procedure Annex I – Article 2 – point c a (new) (ca) any remunerated activity which the Member undertakes alongside the exercise of his or her office, whether as an employee or as a self-employed person,
Amendment 27 #
Parliament's Rules of Procedure Annex I – Article 2 – point c b (new) Amendment 29 #
Parliament's Rules of Procedure Annex I – Article 4 a (new) Article 4a Former Members who engage in professional lobbying or representational activities directly linked to the European Union decision-making process may not benefit from the facilities granted to former Members under Article 1(d) of the Bureau decision to that effect1. __________________ 1 Bureau Decision of 12 April 1999.
Amendment 30 #
Parliament's Rules of Procedure Annex I (new) – Article 1 (new) Amendment 31 #
Draft Report Annex I (new) – Article 1 (new) Amendment 32 #
Parliament's Rules of Procedure Annex I (new) – Article 2 (new) Amendment 33 #
Draft report Annex I – Article 2 (new) Amendment 34 #
Parliament's Rules of Procedure Annex I (new) - Article 3 (new) Amendment 35 #
Parliament's Rules of Procedure Annex I (new) – Article 3 (new) Amendment 36 #
Draft report Annex I (new) – Article 3 (new) Amendment 37 #
Parliament's Rules of Procedure Annex I (new) – Article 4 (new) Amendment 38 #
Parliament's Rules of Procedure Annex I (new) – Article 4 (new) Amendment 39 #
Annex I – article 4 – paragraph 1 (new) Amendment 40 #
Draft report Annex I (new) – Article 4 (new) – paragraph 2 – point a Amendment 41 #
Draft report Annex I – Article 4 (new) – paragraph 2 – point c (new) Amendment 42 #
Draft report Annex I – Article 2 (new) – paragraph 2 – point d (new) Amendment 43 #
Draft report Annex I (new) – Article 4 (new) – paragraph 2 – point e Amendment 44 #
Draft report Annex I (new) – Article 4 (new) – paragraph 2 – point f Amendment 45 #
Draft report Annex I (new) – Article 4 (new) – paragraph 2 – point h Amendment 46 #
Draft report Annex I (new) – Article 4 (new) – paragraph 2 – subparagraphs 2 and 3 Amendment 47 #
Draft report Annex I (new) – Article 4 (new) – paragraph 3 Amendment 48 #
Draft report Annex I – Article 4 (new) – paragraph 4 Amendment 49 #
Parliament's Rules of Procedure Annex I (new) – Article 5 (new) Article 5 Gifts or similar benefits Members shall surrender to the President, upon their return, any gifts worth more than EUR 150 which they have received during an official mission outside the Union.
Amendment 50 #
Parliament's Rules of Procedure Annex I (new) – Article 5 (new) Article 5 Gifts or similar benefits 1. Members shall, acting in good faith, refrain from accepting any gifts or similar benefits in the performance of their duties, except those with an obvious value of less than EUR 150 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity. 2. Any gifts or similar benefits given to Members, pursuant to paragraph 1, when they are representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down pursuant to Article 9.
Amendment 51 #
Parliament's Rules of Procedure Annex I (new) – Article 5 (new) Article 5 Gifts or similar benefits 1. Members shall refrain from accepting any gifts or similar benefits in the performance of their duties, except those with an obvious value of less than EUR 150 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity. 2. Any gifts or similar benefits given to Members, pursuant to paragraph 1, when they are representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down pursuant to Article 9. 3. This Article shall not apply to travel expenses, hotel accommodation or subsistence allowances received by Members in the performance of their duties. Such benefits must however be registered by the Member together with their declaration of financial interests.
Amendment 52 #
Parliament's Rules of Procedure Annex I (new) – Article 5 (new) Article 5 Gifts or similar benefits 1. Members shall refrain from accepting any gifts or similar benefits in the performance of their duties, except those with an approximate value of less than EUR 150 given in accordance with courtesy usage. 2. Any gifts or similar benefits given to Members, pursuant to paragraph 1, when they are representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down pursuant to Article 9. 3. Members shall not accept hospitality except when in accordance with courtesy usage. Attendance upon invitation to any events in the performance of their duties or where Members represent the Parliament shall not be considered as hospitality.
Amendment 53 #
Draft report Annex I (new) – Article 5 (new) Amendment 54 #
Draft report Annex I – Article 6 (new) Former Members who engage in professional lobbying or representational
Amendment 55 #
Parliament's Rules of Procedure Annex I (new) – Article 7 (new) Amendment 56 #
Parliament's Rules of Procedure Annex I (new) – Article 7 (new) Amendment 57 #
Parliament's Rules of Procedure Annex I (new) – Article 7 (new) Article 7 Advisory Committee on the Conduct of Members 1. An Advisory Committee on the Conduct of Members ("the Advisory Committee") is hereby established. 2. The Advisory Committee shall be composed of five members, appointed by the President at the beginning of his or her term-of-office from amongst the members of the bureaux and the coordinators of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of the Members' experience and of political balance. Each Member of the Advisory Committee shall serve as chair for six months on a rotating basis. 3. The President shall also, at the beginning of his or her term-of-office, nominate reserve Members for the Advisory Committee, one for each group not represented in the Advisory Committee. In the event of an alleged breach of this Code of Conduct by a Member of a political group not represented in the Advisory Committee, the relevant reserve Member shall serve as a 6th full Member of the Advisory Committee for the alleged breach under consideration. 4. The Advisory Committee shall give guidance to Members for the interpretation and implementation of the provisions of this Code of Conduct. On request of the President, the Advisory Committee shall also assess alleged cases of breach of this Code of Conduct and advise the President on possible action to be taken. 5. The Advisory Committee may, after consulting the President, seek advice from outside experts. 6. The Advisory Committee shall publish an annual report of its work.
Amendment 58 #
Parliament's Rules of Procedure Annex I (new) – Article 7 (new) Article 7 Advisory Committee on the Conduct of Members 1. An Advisory Committee on the Conduct of Members ("the Advisory Committee") is hereby established. 2. The Advisory Committee shall be composed of five members, nominated by the President and elected by Parliament at the beginning of his or her term-of-office from amongst the members of the bureaux and the coordinators of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of the Members' experience and of political balance. Each Member of the Advisory Committee shall serve as chair for six months on a rotating basis. 3. The President shall also, at the beginning of his or her term-of-office, nominate and the Parliament shall elect reserve Members for the Advisory Committee, one for each group not represented in the Advisory Committee. In the event of an alleged breach of this Code of Conduct by a Member of a political group not represented in the Advisory Committee, the relevant reserve Member shall serve as a 6th full Member of the Advisory Committee for the alleged breach under consideration. 4. The Advisory Committee shall give guidance to Members for the interpretation and implementation of the provisions of this Code of Conduct and shall respond within 30 calendar days. At the request of the President, the Advisory Committee shall also assess alleged cases of breach of this Code of Conduct and advise the President on possible action to be taken. The proceedings of the Advisory Committee must be transparent: its assessments shall constitute a body of precedent and a record of its proceedings shall be made. 5. The Advisory Committee may, after consulting the President, seek advice from outside experts.
Amendment 59 #
Draft report Annex I (new) – Articles 7 - 9 (new) A
Amendment 60 #
Parliament's Rules of Procedure Annex I (new) – Article 8 (new) Amendment 61 #
Parliament's Rules of Procedure Annex I (new) – Article 8 (new) Article 8 Procedure in the event of possible breaches of the Code of Conduct 1. Where there is reason to think that a Member may have breached this Code of Conduct, the President may refer the matter to the Advisory Committee. 2. The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. On the basis of the conclusions of its findings, it shall make a recommendation to the President on a possible decision. 3. If, taking into account the advice of the Advisory Committee, the President concludes that the Member concerned has breached the Code of Conduct, he or she shall, after hearing the Member, adopt a reasoned decision laying down a penalty, which he or she shall notify to the Member. The penalty may consist of one or more of the measures listed in Article 153(3) of the Rules of Procedure. 4. The internal appeal procedures defined in Rule 154 of the Rules of Procedure shall be open to the Member concerned. 5. Any penalty imposed on a Member after the expiry of the time-limits laid down in Rule 154 of the Rules of Procedure shall be announced by the President in plenary and published on Parliament's website for the remainder of the parliamentary term.
Amendment 62 #
Parliament's Rules of Procedure Annex I (new) – Article 8 (new) Amendment 63 #
Parliament's Rules of Procedure Annex I (new) – Article 8 a (new) Article 8a Legislative Footprint Rapporteurs are invited to keep and publish, in a standard template annexed to their report, a record of their principal contacts with, and the contributions made by, outside interests when drafting a report.
Amendment 64 #
Parliament's Rules of Procedure Annex I (new) – Article 9 (new) Article 9 Implementation The Bureau shall lay down implementing measures for this Code of Conduct, including a monitoring procedure, and shall update the amounts referred to in Articles 4 and 5, when necessary. The Bureau or the Conference of Presidents may bring forward proposals to revise this Code of Conduct, which, at all events, shall be reviewed no later than two years after its entry into force.
source: PE-475.805
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