2016/2080(INI) | [ParlTrack]

Draft opinion
Recital Α

~~Α. whereas overall the current Commission Members’ declarations of financial interests can be considered an improvement on the handling of declarations in 2008-2009;~~deleted

Amendment 10 #

Draft opinion
Recital C

C. whereas improving governance with a specific focus on ethics and transparency within the EU institutions will reinforce citizens’ trust in the EU;

Amendment 11 #

Draft opinion
Paragraph 1

1. ~~Notes that the~~Calls on the Commission to revise the 2011 Code of Conduct for Commissioners a~~dop~~s a mattedr o~~n 20 April 2011 (C (2011) 2904) presents improveme~~f urgency in order to take accounts o~~ver~~f the preceding code adopted in 2004 as regards the financial declaration of interests since disclosure requirements were extended to Commissioners’ partners and because the declaration of interests needs to be revised when information changes and at least every yearommendations made by Parliament in its recent resolutions and of the development of the general ethics and transparency standards that apply to all EU institutions;

Amendment 12 #

Draft opinion
Paragraph 1

1. Notes that the Code of Conduct for Commissioners adopted on 20 April 2011 (C (2011) 2904) regarding impartiality, integrity, transparency, diligence, probity, responsibility and discretion presents improvements over the preceding code adopted in 2004 as regards the financial declaration of interests since disclosure requirements were extended to Commissioners’ partners and because the declaration of interests needs to be revised when information changes and at least every year;

Amendment 13 #

Draft opinion
Paragraph 2

2. Regrets that the 2011 code of conduct has failed to address all the recommendations issued by Parliament’s Committee on Budgetary Control on 2 March 20111 and points out, in particular, that Commissioners are not required to declare all their financial interests or assets but only those interests or assets ‘which might create a conflict of interest in the performance of their duties’, that there is no requirement to declare debts and liabilities and that dependent children are not required to produce the same information as spouses; __________________ 1 Letter from Mr De Magistris, chair of the Committee on Budgetary Control, to Mr Lehne, Chair of the Conference of Committee Chairs.

Amendment 14 #

Draft opinion
Paragraph 2

2. ~~Regrets~~Denounces the fact that the 2011 code of conduct has failed to address all the recommendations issued by Parliament’s Committee on Budgetary Control on 2 March 20111 and points out, in particular, that Commissioners ~~are not~~should be required to declare all their financial interests or assets buand not only those interests or assets ‘which might create a conflict of interest in the performance of their duties’, that there is no requirement to declare debts and liabilities and that dependent children are not required to produce the same information as spouses; __________________ 1 Letter from Mr De Magistris, chair of the Committee on Budgetary Control, to Mr Lehne, Chair of the Conference of Committee Chairs.

Amendment 15 #

Julia PITERA

Draft opinion
Paragraph 3

~~3. Stresses in particular that the Commissioners are expected to make their own judgement on what might create a conflict of interest in the absence of a clear definition to guide them;~~deleted

Amendment 16 #

Draft opinion
Paragraph 3

3. Stresses in particular that the Commissioners are expected to make their own judgement on what might create a conflict of interest in the absence of a clear definition to guide them, particularly in the light of the particular role of guarantor of the Community interest assigned to the Commission by the Treaties;

Amendment 17 #

Draft opinion
Paragraph 3

3. SConsiders that conflict of interests can only be assessed by an independent third party and stresses in particular that the Commissioners ~~are expected to~~cannot make their own judgement on what might create a conflict of interest in the absence of a clear definition to guide them;

Amendment 18 #

Draft opinion
Paragraph 3

3. Stresses in particular that the Commissioners are expected to make their own judgement on what might create a conflict of interest in the absence of a clear definition or regulatory framework to guide them;

Amendment 19 #

Draft opinion
Paragraph 3 a (new)

3a. Calls for immediate clarification as to what financial interests and assets might lead to a conflict of interest in carrying out the duties of Commissioners;

Amendment 2 #

Draft opinion
Recital A

A. whereas overall the current Commission Members’ declarations of financial interests can be considered an improvement on the handling of declarations in 2008-2009, but there has been no shortage of episodes which have necessitated a subsequent clarification of certain declarations of interests;

Amendment 20 #

Draft opinion
Paragraph 4 – introductory part

4. ~~Points out that~~Expresses concern regarding the updated study on ‘The Code of conduct for Commissioners - Improving effectiveness and efficiency’ (IP/D/CONT/IC/2014-053), which detected a number of deficiencies in the declarations of interests of the current Members of the Commission, mainly:

Amendment 21 #

Draft opinion
Paragraph 4 – point c

(c) with regard to the declaration of possession of company shares, stock and other property or rights representing assets and other intangible assets;

Amendment 22 #

Draft opinion
Paragraph 4 a (new)

4a. Regrets the code of conduct fails to adequately codify the requirement under the Article 245 TFEU that "both during and after their term of office, Commissioners will respect the obligations... in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits."

Amendment 23 #

Draft opinion
Paragraph 4 a (new)

4a. Agrees that an ex-post control of the existing data sets must be conducted, because that is the only way in which conclusions can be drawn from the present system of declarations of interest;

Amendment 24 #

Draft opinion
Paragraph 4 b (new)

4b. Agrees that an ex-post control of the existing data sets must be conducted, because that is the only way in which conclusions can be drawn from the present system of declarations of interest;

Amendment 25 #

Draft opinion
Paragraph 4 c (new)

4c. Agrees that no hasty conclusions should be drawn which cannot be substantiated by facts from a comprehensive analysis of the data sets gathered to date;

Amendment 26 #

Draft opinion
Paragraph 4 d (new)

4d. Considers that this analysis should be conducted soon and that the findings should be communicated to the committees responsible;

Amendment 27 #

Draft opinion
Paragraph 4 e (new)

4e. Considers that the entry into force of the more stringent guidelines on Commissioners' declarations of interests should be announced only on the basis of these conclusions;

Amendment 28 #

Draft opinion
Paragraph 5

5. Regrets that the code of conduct fails to lay down any divestment requirements, despite the fact that such requirements are standard in any ethics regime; regards it as a priority to regulate this aspect with the utmost despatch;

Amendment 29 #

Draft opinion
Paragraph 5

5. ~~Reg~~Deplorets thate failure of the code of conduct ~~fails~~ to lay down any divestment requirements, despite the fact that such requirements armust be standard in any ethics regime;

Amendment 3 #

Draft opinion
Recital A a (new)

Aa. Having regard to the Treaty on the Functioning of the European Union, and in particular Article 245 thereof;

Amendment 30 #

Draft opinion
Paragraph 6

6. Notes that the code of conduct does not stipulate any concrete time frame for submission of the declaration prior to Parliament’s hearing of the Commissioners designate; regards this requirement as a fundamental aspect of the revision of the procedure for hearing Commissioners- designate;

Amendment 31 #

Draft opinion
Paragraph 8

8. Regrets that the Commission does not report on the implementation of the Code of Conduct for Commissioners, in particular as regards their declarations of interests, and considers that the code of conduct ~~does not~~should be amended so as to provide for complaints or sanctions with regard to infringements with the exception of serious misconduct as referred to in Articles 245 and 247 of the Treaty on the Functioning of the European Union;

Amendment 32 #

Dennis de JONG, Marian HARKIN, Ana GOMES

Draft opinion
Paragraph 8

8. Regrets that the Commission does not report regularly on the implementation of the Code of Conduct for Commissioners, in particular as regards their declarations of interests and that the code of conduct does not provide for complaints or sanctions with regard to infringements with the exception of serious misconduct as referred to in Articles 245 and 247 of the Treaty on the Functioning of the European Union;

Amendment 33 #

Draft opinion
Paragraph 8 a (new)

8a. Regrets, in particular, the negative response by the President of the Commission to the request of the European Ombudsman to proactively publish its decisions on the authorisation of post term-of-office activities of former Commissioners, as well as the opinions of the Ad Hoc Ethical Committee; emphasises in this respect that the mere publishing of the minutes of Commission meetings is insufficient to offer the Parliament and civil society an insight in the interpretation in practice of 'potential conflicts of interest' and the integrity policies developed in this respect by the Ad Hoc Ethical Committee;

Amendment 34 #

Martina DLABAJOVÁ, Nedzhmi ALI, Michael THEURER

Draft opinion
Paragraph 8 a (new)

8a. Points out that all ex- Commissioners are banned for 18 months from lobbying "members of the European Commission and their staff for his/her business, client, or employer on matters for which they have been responsible" but are entitled to a very generous transitional allowance after they leave the Commission of between 40 and 65 per cent of their final basic salary for three years;

Amendment 35 #

Draft opinion
Paragraph 9 – point c

(c) there are no criteria for the President to decide on reallocation, nor any binding framework for informing Parliament or any procedure in place in the event of a Commissioner failing to notify a conflict of interest or engaging in any activity incompatible with the nature of his or her duties;

Amendment 36 #

Draft opinion
Paragraph 9 a (new)

9a. Recommendations – Points out that the absence of any conflict of interest must be an essential precondition to be met before the Commissioners’ hearings, and that therefore the financial interest declaration forms must be completed and made available before a Commissioner is heard by the relevant committee at Parliament, and that they should be reviewed at least once a year and each time there is a change to the information concerned;

Amendment 37 #

Draft opinion
Paragraph 9 a (new)

9a. Regrets that the code of conduct does not require former commissioners to make publicly available information on their meetings and telephone calls with officials of the European Institutions or officials of the governments of the Member States up to 10 years after they have ceased to hold office;

Amendment 38 #

Draft opinion
Paragraph 9 b (new)

9b. – Calls on the Commission, as it is ultimately responsible for ensuring the degree of transparency necessary for the proper functioning of the procedure to appoint Commissioners, to make substantial improvements to the Commissioners’ financial interests declaration forms in order to enable Parliament to make an accurate assessment, firstly, of whether or not Commissioners have actual or potential conflicts of interest, and secondly, of the Commissioners’ ability to carry out their mandate;

Amendment 39 #

Julia PITERA

Draft opinion
Paragraph 10 – point -a (new)

(-a) that the concept of ‘conflict of interests’, based on the OECD definition, is included in the Code of Conduct, since the Code of Conduct for Commissioners is one of the core texts that apply to Commissioners when they take up their posts;

Amendment 4 #

Draft opinion
Recital B

B. whereas the Code of Conduct for Commissioners adopted in 2011 fails to address several of Parliament’s recommendations for improvements, in particular as regards the declarations of financial interests of Members of the Commission; whereas in this context the positions adopted by Parliament regarding the changes and improvements to the procedure for hearing Commissioners-designate should also be recalled;

Amendment 40 #

Draft opinion
Paragraph 10 – point a

(a) that the Commissioners declare all financial interests, including assets and liabilities over ~~a certain value, e.g.~~ EUR 10 000;

Amendment 41 #

Draft opinion
Paragraph 10 – point a a (new)

(aa) Calls on Commissioners to declare all their interests (as shareholders, company board members, advisors and consultants, members of associated foundations, etc.) as regards all the companies in which they have been involved, including close family interests, as well as the changes that took place at the time their candidature was made known;

Amendment 42 #

Draft opinion
Paragraph 10 – point b

(b) that Commissioners’ dependent and/or direct family members disclose the same information as spouses or partners;

Amendment 43 #

Draft opinion
Paragraph 10 – point c

(c) that Commissioners fully clarify the objectives of organisations with which they are involved and/or any matters of a primarily financial nature, in order to establish whether any conflict of interest exists;

Amendment 44 #

Draft opinion
Paragraph 10 – point c

(c) that Commissioners fully clarify the objectives of organisations with which they and/or their spouse and/or their dependent children are involved, in order to establish whether any conflict of interest exists;

Amendment 45 #

Marco VALLI, Marco ZANNI

Draft opinion
Paragraph 10 – point d

(d) that Commissioners disclose their membership of any non-governmental organisations, secret societies or associations which conceal their existence, carrying out activities intended to interfere with the exercise of the functions of public bodies, and any donations to NGOs of more than EUR 500;

Amendment 46 #

Draft opinion
Paragraph 10 – point d

(d) that Commissioners ~~disclose~~in office suspend and former Commissioners disclose for 10 years their membership of any non-governmental organisations or trade unions, and any donations to NGOs of more than EUR 500;

Amendment 47 #

Draft opinion
Paragraph 10 – point d

(d) that Commissioners and their dependent family members disclose their membership of any non-governmental organisations and any donations to NGOs of more than EUR 500;

Amendment 48 #

Draft opinion
Paragraph 10 – point d a (new)

(da) that the Code of Conduct be amended, in line with Article 245 TFEU to extend Commissioners' post-office employment restriction to three years;

Amendment 49 #

Benedek JÁVOR

Draft opinion
Paragraph 10 – point d b (new)

(db) that the code of conduct include specific divestment requirements;

Amendment 5 #

Draft opinion
Recital B

B. whereas the Code of Conduct for Commissioners adopted in 2011 fails to sufficiently address several of Parliament’s recommendations for improvements, in particular as regards the declarations of financial interests of Members of the Commission, the post-office employment restrictions and the strengthening of the ad-hoc Ethical Committee responsible for the assessment of conflicts of interests;

Amendment 50 #

Dennis de JONG, Marian HARKIN, Ana GOMES, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Draft opinion
Paragraph 10 – point e

(e) that Commissioners designate submit their declarations within a specific time frame ~~before their~~so that the Ad Hoc Ethical Committee can submit to Parliament its views on potential conflicts of interests well in time for the hearings in Parliament;

Amendment 51 #

Draft opinion
Paragraph 10 – point e

(e) that Commissioners designate submit their declarations within a specific time frame and in no case less than 30 days before their hearing in Parliament;.

Amendment 52 #

Draft opinion
Paragraph 10 – point e

(e) that Commissioners designate submit their declarations within a specific time frame ~~before~~and sufficiently well in advance of their hearing in Parliament;

Amendment 53 #

Draft opinion
Paragraph 10 – point e

(e) that Commissioners designate submit their declarations within a specific time frame but not less than one month before their hearing in Parliament;

Amendment 54 #

Julia PITERA

Draft opinion
Paragraph 10 – point e a (new)

(ea) that Commissioners only meet representatives of lobby groups that are included in the Transparency Register, which contains information on persons seeking to influence policymaking at the EU institutions;

Amendment 55 #

Draft opinion
Paragraph 10 – point e a (new)

(ea) that Commissioners submit, when nominated, a signed declaration confirming that they will appear before any of Parliament’s committees in relation to the activities involved in their mandate;

Amendment 56 #

Dennis de JONG, Marian HARKIN, Ana GOMES, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Draft opinion
Paragraph 10 – point e a (new)

(ea) that Commissioners designate include in their declarations all professional EU interest representation activities and all their financial interests in such activities in the past three years;

Amendment 57 #

Draft opinion
Paragraph 10 – point g

(g) that the Commission ~~guides the Commissioners on how to implement~~revises section 1.3 of the code of conduct, which stipulates that the Commissioners must declare any financial interest or asset which might create a conflict of interests in the performance of their duties, and in particular on the definition of conflicts of interests in order to make sure that all financial interests and related rules are clearly defined and guides both Commissioners designate and Commissioners in office how to implement section 1.3 of the code of conduct fully and comprehensively;

Amendment 58 #

Draft opinion
Paragraph 10 – point h

(h) that the procedure for reallocating files in the event of a conflict of interests is improved in terms of taking into account the Commissioner’s duties as a member of the College, introducing criteria regarding integrity and discretion for the President as regards the decision to reallocate files, implementing a binding procedure for cases in which a Commissioner fails to provide information about a possible conflict of interest and introducing a binding procedure for informing Parliament about the aforementioned cases;

Amendment 59 #

Draft opinion
Paragraph 10 – point h

(h) that the procedure for reallocating files in the event of a conflict of interests is improved in terms of taking into account the Commissioner’s duties as a member of the College, introducing criteria for the President as regards the decision to reallocate files, implementing a binding procedure and sanctions for cases in which a Commissioner fails to provide information about a possible conflict of interest and introducing a binding procedure for informing Parliament about the aforementioned cases;

Amendment 6 #

Draft opinion
Recital B

B. whereas the Code of Conduct for Commissioners adopted ion 20~~11 fails to address several of~~ April 2011 (C(2011) 2904) did not make any substantial improvements on the previous Code from 2004, and fails to address Parliament’s recommendations for improvements, in particular as regards the declarations of financial interests of Members of the Commission;

Amendment 60 #

Draft opinion
Paragraph 10 – point i

(i) that the Commission reports on an annual basis on the implementation of the Code of Conduct for Commissioners and provides for ~~sanctions in the event of~~complaint procedures and sanctions in the event of not only serious misconduct but also infringements of requirements, especially as regards the declaration of financial interests.

Amendment 61 #

Martina DLABAJOVÁ, Michael THEURER, Nedzhmi ALI

Draft opinion
Paragraph 10 – point i a (new)

(ia) that in the case of the President of the Commission – which, as a post with a greater impact in terms of visibility, carries a greater requirement for exemplary conduct – the Commission’s decision on an application to carry out an activity that might involve a conflict of interest must be submitted to Parliament for an opinion, especially in cases involving remuneration or a pension;

Amendment 62 #

Marco VALLI, Marco ZANNI

Draft opinion
Paragraph 10 – point i a (new)

(ia) that criteria are defined for compliance with Article 245 TFEU, which imposes on Commissioners a 'duty to behave with honesty and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits';

Amendment 63 #

Dennis de JONG, Marian HARKIN, Ana GOMES, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Draft opinion
Paragraph 10 – point i a (new)

(ia) that the decisions on the authorisation of post term-of-office activities of former Commissioners, as well as the opinions of the Ad Hoc Ethical Committee are proactively published;

Amendment 64 #

Draft opinion
Paragraph 10 – point i a (new)

(ia) that a discrepancy in length of a ban for lobbying and the length of transitional allowance (unemployment allowance) are narrowed down or removed.

Amendment 65 #

Dennis de JONG, Marian HARKIN, Ana GOMES, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Draft opinion
Paragraph 10 – point i b (new)

(ib) that the Ad Hoc Ethical Committee is composed of independent experts who have not themselves fulfilled positions as Commissioner or as Member of the European Parliament;

Amendment 66 #

Dennis de JONG, Marian HARKIN, Ana GOMES, Benedek JÁVOR

Draft opinion
Paragraph 10 – point i c (new)

(ic) that the Ad Hoc Ethical Committee shall draw up and publish an annual report on its activities and may include any recommendations on the improvement of the Code of Conduct or of its implementation, as it may see fit;

Amendment 67 #

Dennis de JONG, Marian HARKIN, Ana GOMES

Draft opinion
Paragraph 10 – point i d (new)

(id) that, as a matter of priority, the duty to behave with integrity and discretion pursuant to Article 245 of the Treaty (TFEU) even beyond a period of 18 months after ceasing to hold office is elaborated and that the Ad Hoc Ethical Committee develops a manual providing guidelines on the basis of practical examples indicating which type of positions could be at odds with this duty both during and beyond the period of 18 months after ceasing to hold office; that the 'cooling off' period of 18 months is considerably extended, as long as such a manual has not yet been developed;

Amendment 7 #

Draft opinion
Recital Β

Β. whereas it is to be deplored that the Code of Conduct for Commissioners adopted in 2011 fails to address several of Parliament’s recommendations for improvements, in particular as regards the declarations of financial interests of Members of the Commission;

Amendment 8 #

Draft opinion
Recital C

C. whereas improving governance with a specific focus on ethics within the EU institutions will reinforce citizens’ trust in the EU, particularly in the light of the more ample political mandate entrusted to the Commission since the Lisbon Treaty;

Amendment 9 #