2024/2008(ACI) European Parliament/Council/European Commission/Court of Justice/European Central Bank/European Court of Auditors/European Economic and Social Committee/European Committee of the Regions Agreement: establishing an Interinstitutional Body for Ethical Standards for Members of Institutions and advisory bodies
Lead committee dossier:
Progress: Procedure completed, awaiting publication in Official Journal
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AFCO |
FREUND Daniel ( Verts/ALE)
|
SIMON Sven ( EPP),
CIMOSZEWICZ Włodzimierz ( S&D),
BOYER Gilles ( Renew),
SARYUSZ-WOLSKI Jacek ( ECR),
CHAIBI Leila ( GUE/NGL)
|
Lead committee dossier:
Subjects
Events
2024/04/25
EP - Debate in Parliament
Documents
2024/04/25
EP - Decision by Parliament
Details
The European Parliament decided by 301 votes to 216, with 23 abstentions, to conclude an Agreement between the European Parliament, the Council, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European Economic and Social Committee and the European Committee of the Regions, establishing an Interinstitutional Body for Ethical Standards for Members of Institutions and advisory bodies mentioned in Article 13 of the Treaty on European Union.
The European Parliament today ranks amongst the most transparent legislatures in the world. There is a need to address the shortcomings stemming from the current ethics framework, which is fragmented across the EU institutions, bodies, offices and agencies, with different rules, procedures and levels of enforcement.
In 2021, Parliament proposed to set up an ambitious, genuine and independent ethics body. The Commission presented its proposal for the establishment of an interinstitutional ethics body on 8 June 2023, putting forward a standard-setting body. This proposal fell far short of the ambition put forward in Parliament’s resolutions, mainly lacking in capacity to examine individual cases and potential breaches of ethical rules as well as to recommend sanctions.
An interinstitutional ethics body will contribute to strengthening trust in Union institutions and their democratic legitimacy, as well as to building an institutional culture based on the highest ethical standards.
Ethics body
Parliament welcomed the Agreement enabling the development of strong common ethical standards and the exchange of best practices, and allowing for individual cases to be examined by the independent experts at the request of an institution or an advisory body that is a party to the Agreement regarding any declaration of their Members. However, it regretted that the European Council decided not to join the Agreement.
Financing
Members take the view that the resources made available must enable the proper functioning of both the interinstitutional body for ethical standards (the ‘Body’) itself composed of one representative of each party to the Agreement and the five independent experts assisting the institutional representatives and joining the Body as observers, as well as any necessary support therefor.
Transparency
Parliament called for the Body to lead by example on transparency by publishing all recommendations, annual reports, decisions and records of spending in a machine-readable open data format available to all citizens, and in accordance with the applicable data protection rules, including, inter alia, the written opinion of the independent experts on the institutions’ self-assessments.
Moreover, Parliament recalled its position that the Body should be able to investigate on its own initiative alleged breaches of ethical rules by officials and staff of EU institutions and to conduct on-the-spot and records-based investigations using the information that it has collected or that it has received from third parties.
Documents
2024/04/22
EP - Committee report tabled for plenary, single reading
Documents
2024/04/22
EP - Vote in committee
2024/04/22
EP - Committee report tabled for plenary
Documents
2024/04/10
EP - Amendments tabled in committee
Documents
2024/04/10
EP - Committee referral announced in Parliament
2024/03/20
EP - Committee draft report
Documents
2024/03/20
EP - FREUND Daniel (Verts/ALE) appointed as rapporteur in AFCO
2024/03/15
EC - Non-legislative basic document
Documents
2024/03/15
EC - Non-legislative basic document published
Documents
2024/03/08
IT_CHAMBER - Contribution
Documents
2023/06/08
EC - Document attached to the procedure
Documents
Documents
- Debate in Parliament: Debate in Parliament
- Decision by Parliament: T9-0372/2024
- Committee report tabled for plenary, single reading: A9-0181/2024
- Committee report tabled for plenary: A9-0181/2024
- Amendments tabled in committee: PE761.014
- Committee draft report: PE759.998
- Non-legislative basic document: N9-0008/2024
- Non-legislative basic document published: N9-0008/2024
- Contribution: COM(2023)0311
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: COM(2023)0311
- Document attached to the procedure: EUR-Lex COM(2023)0311
- Non-legislative basic document: N9-0008/2024
- Committee draft report: PE759.998
- Amendments tabled in committee: PE761.014
- Committee report tabled for plenary, single reading: A9-0181/2024
- Contribution: COM(2023)0311
Activities
- Daniel FREUND
Plenary Speeches (3)
- Evelyn REGNER
Plenary Speeches (2)
- Sven SIMON
Plenary Speeches (2)
- Heidi HAUTALA
Plenary Speeches (1)
- Miapetra KUMPULA-NATRI
Plenary Speeches (1)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (1)
- Roberta METSOLA
Plenary Speeches (1)
- Pedro SILVA PEREIRA
Plenary Speeches (1)
- Nikolaj VILLUMSEN
Plenary Speeches (1)
- Virginie JORON
Plenary Speeches (1)
- Gilles BOYER
Plenary Speeches (1)
- Gabriele BISCHOFF
Plenary Speeches (1)
- Cyrus ENGERER
Plenary Speeches (1)
- Vlad GHEORGHE
Plenary Speeches (1)
- Marie DAUCHY
Plenary Speeches (1)
- Ana COLLADO JIMÉNEZ
Plenary Speeches (1)
- François THIOLLET
Plenary Speeches (1)
Votes
A9-0181/2024 – Daniel Freund – After § 1 – Am 1 #
2024/04/25 Outcome: -: 389, +: 137, 0: 13
ID
The Left
NI
PPEA9-0181/2024 – Daniel Freund – After § 2 – Am 2 #
2024/04/25 Outcome: -: 416, +: 116, 0: 5
A9-0181/2024 – Daniel Freund – After § 2 – Am 3 #
2024/04/25 Outcome: -: 457, +: 65, 0: 16
A9-0181/2024 – Daniel Freund – § 3/2 #
2024/04/25 Outcome: +: 302, -: 234, 0: 5
A9-0181/2024 – Daniel Freund – § 3/3 #
2024/04/25 Outcome: +: 302, -: 236, 0: 3
A9-0181/2024 – Daniel Freund – § 7 – Am 4 #
2024/04/25 Outcome: -: 480, +: 50, 0: 12
A9-0181/2024 – Daniel Freund – § 9 – Am 6 #
2024/04/25 Outcome: -: 415, +: 107, 0: 18
A9-0181/2024 – Daniel Freund – After § 9 – Am 5 #
2024/04/25 Outcome: -: 279, +: 250, 0: 15
A9-0181/2024 – Daniel Freund – § 15 – Am 7 #
2024/04/25 Outcome: -: 426, +: 105, 0: 10
A9-0181/2024 – Daniel Freund – § 16 – Am 84 #
2024/04/25 Outcome: -: 422, +: 107, 0: 8
A9-0181/2024 – Daniel Freund – Article 1, § 1 – Am 86= 117= #
2024/04/25 Outcome: -: 295, +: 240, 0: 6
A9-0181/2024 – Daniel Freund – Article 2, § 1, after point b – Am 81= 85= 119= #
2024/04/25 Outcome: -: 377, +: 156, 0: 7
A9-0181/2024 – Daniel Freund – Proposal for a decision (text as a whole) #
2024/04/25 Outcome: +: 301, -: 216, 0: 23
| Amendments | Dossier |
| 52 |
2024/2008(ACI)
2024/04/10
AFCO
52 amendments...
Amendment 1 #
Proposal for a decision Citation 3 - having regard to Article
Amendment 10 #
Proposal for a decision Recital E a (new) Ea. whereas the conclusion of the Agreement does not reflect the mandate; whereas Parliament needs to consider its position in light of the draft Agreement;
Amendment 11 #
Proposal for a decision Recital F F. whereas an interinstitutional
Amendment 12 #
Proposal for a decision Recital G G. whereas Parliament’s current ethical rules in its Rules of
Amendment 13 #
Proposal for a decision Paragraph 1 1.
Amendment 14 #
Proposal for a decision Paragraph 1 1. Welcomes the Agreement
Amendment 15 #
Proposal for a decision Paragraph 2 2. Underlines th
Amendment 16 #
Proposal for a decision Paragraph 2 2. Underlines the fact that the final decision-making power on implementation remains with the relevant authorities of the institutions or bodies; notes that any consultation of the independent experts on an individual case begins with a request as regards its own members of a party to the Agreement
Amendment 17 #
Proposal for a decision Paragraph 2 a (new) 2a. Reiterates, however, that Parliament remains fully committed to an independent ethics body, capable of carrying out investigations on its own initiative and issuing recommendations for sanctions to the responsible authorities of the participating institutions or bodies, composed of independent experts as full members, that covers Members of EU institutions and bodies before, during and after their term of office or service as well as staff, as envisaged in Parliament’s resolution of 16 September 2021 on strengthening transparency and integrity in the EU institutions by setting up an independent EU ethics body1a and reiterated in its resolutions of 16 February 2023 on the establishment of an independent EU ethics body1b and 12 July 2023 on the establishment of the EU ethics body1c; _____________ 1a OJ C 117, 11.3.2022, p. 159._ 1b Texts adopted, P9_(2023)0055. 1c Texts adopted, P9_TA(2023)0281.
Amendment 18 #
Proposal for a decision Paragraph 2 a (new) 2a. Deeply regrets that the decision- making procedure of its members is based on consensus; underlines that this risks aligning decisions with the lowest common ground among institutions on ethical standards, particularly considering that some institutions covered do not have a code of conduct;
Amendment 19 #
Proposal for a decision Paragraph 3 3.
Amendment 2 #
Proposal for a decision Citation 11 a (new) - having regard to its resolution of 13 July 2023 on recommendations for reform ofEuropean Parliament’s rules on transparency, integrity, accountability and anti-corruption1a, _____________ 1a Texts adopted, P9_TA(2023)0292.
Amendment 20 #
Proposal for a decision Paragraph 4 4.
Amendment 21 #
Proposal for a decision Paragraph 4 4. Regrets the unwillingness of the Council
Amendment 22 #
Proposal for a decision Paragraph 4 a (new) 4a Takes the view that the rules applicable to the resources and to the secretariat of the body shall take into consideration in an equal manner both the actual body composed by one representative of each party to the agreement and the five independent experts assisting the institutional representatives and joining the body as observers; regrets that according to Article 17 of the Agreement, any cost resulting from a consultation of the independent experts shall be covered by the requesting party; stresses that this provision not only adds a financial burden to the requesting party but will also constitute a severe burden on the parties most willing to enhance ethical standards and work towards harmonisation of rules;
Amendment 23 #
Proposal for a decision Paragraph 4 a (new) 4a. Takes the view that the resources made available must enable the proper functioning of both the actual body composed of one representative of each party to the Agreement and the five independent experts assisting the institutional representatives and joining the body as observers, as well as any necessary support therefor; regrets that according to Article 17 of the Agreement, any cost resulting from a consultation of the independent experts is to be covered by the requesting party, as this might result in a limitation of the number of such consultations;
Amendment 24 #
Proposal for a decision Paragraph 5 5.
Amendment 25 #
Proposal for a decision Paragraph 6 6.
Amendment 26 #
Proposal for a decision Paragraph 6 a (new) 6a. Believes the body should rely on the existing powers of institutions to ask their members for information or on the agreement of national authorities to share information; believes that the independent experts should be able to exchange information with national authorities where necessary for the performance of their tasks, while treating such information with the same confidentiality as the originating authority did; stresses in this regard that the independent experts should have access to the administrative documents of participating parties, especially the party consulting them on a case, in order to allow them to carry out well-reasoned and well-documented assessments;
Amendment 27 #
Proposal for a decision Paragraph 7 Amendment 28 #
Proposal for a decision Paragraph 8 8.
Amendment 29 #
Proposal for a decision Paragraph 8 a (new) 8a. Calls for the interinstitutional ethics body to lead by example on transparency by publishing all recommendations, annual reports, decisions and records of spending in a machine-readable open data format available to all citizens, and in accordance with the applicable data protection rules, including, inter alia, the written opinion of the independent experts on the institutions’ self-assessments in accordance with Article 10 and the anonymised and aggregated annual account of every year which summarises in aggregated and anonymised form the consultations and questions submitted by the parties and actions to follow them up in accordance with Article 7(4); underscores the importance of protecting the privacy of the individuals concerned to an appropriate extent and the presumption of innocence; calls on the parties to the Agreement to develop common guidance for the consultation of the independent experts and the publication of their recommendations;
Amendment 3 #
Proposal for a decision Recital -A (new) -A. whereas the rule of law is of paramount importance for the functioning of the Union; whereas all acts of the Union require a legal basis in the Treaties; whereas there is no such legal basis for an interinstitutional ethics body;
Amendment 30 #
Proposal for a decision Paragraph 8 b (new) 8b. Believes that, in order to be fully effective, the interinstitutional ethics body would need to combine the functions of existing organs responsible for ethics and that therefore, for cases which require specific consideration or for the purpose of developing or updating an ethical standard each participating party should consult the independent experts;
Amendment 31 #
Proposal for a decision Paragraph 9 9. Remains committed to constructively engaging in the review of the Agreement which is to be conducted
Amendment 32 #
Proposal for a decision Paragraph 9 a (new) 9a. Recalls its position that the body should be able to investigate on its own initiative alleged breaches of ethical rules by officials and staff of EU institutions and to conduct on-the-spot and records- based investigations using the information that it has collected or that it has received from third parties;
Amendment 33 #
Proposal for a decision Paragraph 9 b (new) 9b. Reiterates its call for a revision of the Staff Regulations, especially Article 22c thereof, in order to align them with the standards of Directive (EU) 2019/1937 of the European Parliament and of the Council1a; reiterates therefore its calls on the Bureau, in the interim, to immediately revise Parliament’s Rules of Procedure implementing Article 22c of the Staff Regulations to bring them in line with the protections provided for in that Directive; _____________ 1a Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 34 #
Proposal for a decision Paragraph 10 10.
Amendment 35 #
Proposal for a decision Paragraph 10 a (new) 10a. Calls to establish a body for standards in public office instead; notes that such a body should have the authority to set standards for all institutions and to guide Members and institutions in implementing those standards;
Amendment 36 #
Proposal for a decision Paragraph 10 a (new) 10a. Asks for the body to be renamed the “Standards for Public Office Commission” in line with precedent in Member States;
Amendment 37 #
Proposal for a decision Paragraph 10 b (new) 10b. Calls on the President not to sign the Agreement unless the Council either joins the agreement as a full member or is no longer a party to the agreement at all;
Amendment 38 #
Proposal for a decision Paragraph 10 c (new) 10c. Insists that the secretariat of the body be hosted by the European Parliament;
Amendment 39 #
Proposal for a decision Paragraph 10 c (new) 10c. Stresses that the body should set clearly-defined legal rules instead of vaguely defined ethical standards; calls for the renegotiation of the Agreement to this end;
Amendment 4 #
Proposal for a decision Recital A A. whereas the independence, transparency and accountability of EU institutions are of the utmost importance for their democratic legitimacy and for fostering citizens’ trust; whereas the European Parliament today ranks amongst the most transparent legislatures in the world;
Amendment 40 #
Proposal for a decision Paragraph 10 d (new) 10d. Insists that the appointment of independent experts should not be renewable;
Amendment 41 #
Proposal for a decision Paragraph 10 e (new) 10e. Calls on the Parties to renegotiate the agreement to ensure that the body provides for the harmonisation of standards instead of the investigation of individual cases;
Amendment 42 #
Proposal for a decision Paragraph 11 11. Instructs its President to
Amendment 43 #
1. The European Parliament,
Amendment 44 #
1. The European Parliament, the European Commission, the Council of the European Union,
Amendment 45 #
(ba) the members of the Council of the European Union in relation to the exercise of their Union mandate;
Amendment 46 #
5. The term of the independent experts shall be 3 years
Amendment 47 #
6.
Amendment 48 #
1. If deemed to be particularly relevant by a Party
Amendment 49 #
1. The Body shall assess the necessity for an update of common minimum standards where
Amendment 5 #
Proposal for a decision Recital B B. whereas there is a need to address the shortcomings
Amendment 50 #
8. The self-assessment and the report shall be made
Amendment 51 #
2. The Secretariat shall be
Amendment 52 #
2. The website shall, in particular, contain the following: (a) the composition of the Body
Amendment 6 #
Proposal for a decision Recital C C. whereas Parliament
Amendment 7 #
Proposal for a decision Recital C a (new) Ca. whereas the term “ethics” is legally undefined and may lead to a misinterpretation of the role of the body in the future; whereas precedent in Member States establishes more appropriate terms such as “standards in public office”;
Amendment 8 #
Proposal for a decision Recital D D. whereas the Commission presented its proposal for the establishment of an interinstitutional ethics body on 8 June 2023, putting forward a standard-setting body
Amendment 9 #
Proposal for a decision Recital D D. whereas the Commission presented its proposal for the establishment of an interinstitutional ethics body on 8 June 2023, putting forward a standard-setting body; whereas that Commission proposal fell far short of the ambition put forward in Parliament’s resolutions, mainly lacking in capacity to examine individual cases and potential breaches of ethical rules as well as to recommend sanctions;
source: 761.014
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