Mairead McGuinness Fine Gael MEP

A new Code of Conduct for Members of the European Parliament comes into effect on January 1, 2012.

The objective of the new code is to ensure transparency. The code sets out rules and principles which MEPs must follow to avoid conflicts of interests.

The text was developed by a Working Group commissioned by the European Parliament’s Conference of Presidents and examined similar national rules across the EU. Later, it was amended by the Constitutional Affairs Committee, which added adjustments and clarifications where necessary.

The Code of Conduct received the support of all the major political groupings in the Parliament. Subsequently, it was adopted by an overwhelming majority during a vote at the European Parliament in Brussels on December 1st, 2011: 619 votes in favour, 2 against and 6 abstentions.

Guiding principle of the code

In exercising their duties, Members of the European Parliament shall:
a) be guided by and observe the following general principles of conduct: disinterest, integrity, openness, diligence, honesty, accountability and respect for Parliament’s reputation,
b) act solely in the public interest and refrain from obtaining or seeking to obtain any direct or indirect financial benefit or other reward.

Financial declaration

The code requires that MEPs declare any financial interests outside of Parliamentary work or that which may cause a conflict of interest.

Financial interests include any professional activities performed during the three years prior to their election, including any membership of a board of companies, non-governmental organisation and/or associations held during that period or currently.

Paid activities undertaken during the term of office such as writing, lecturing and providing expert advice, even if occasional, will have to be made public if payment for such activity totals over €5,000 in a calendar year.

A register of interests will be maintained by the Quaesters of Parliament (a number of MEPs who look after the financial and administrative interests of Members). The register will be made publicly available on the European Parliament’s website, where it will be published in an easily accessible manner.

Declarations will be submitted to the Parliament’s President by the end of the first part-session after elections to the Parliament or within 30 days of taking up office in the course of a parliamentary term.

Parliament must be notified of any change to the declaration of financial interests within 30 days. Should an MEP fail to issue a notification, that Member will no longer be eligible to hold offices within Parliament.

Gifts

The code also contains a ban on receiving payments or other rewards in exchange for influencing parliamentary decisions. There are clear rules on the acceptance of gifts and on the position of former MEPs working as lobbyists.

In exercising their duties, Members of the European Parliament shall:
a) not enter into any agreement to act or vote in the interest of any other legal or natural that would compromise their freedom of vote, as enshrined in Article 6 of the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage and Article 2 of the Statute for Members of the European Parliament,
b) 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, and shall consciously seek to avoid any situation which might imply bribery.

Any gift or benefit valued at more than €150 received by an MEP during the performance of his or her duty must be refused or, if the MEP was officially representing Parliament, passed on to the Parliament’s President. However, the reimbursement of direct costs will not be deemed a gift, if the event is attended further to an official invitation.

Gifts or similar benefits

1. 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.

2. Any gifts presented to Members, in accordance with 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 by the Bureau pursuant to Article 9.

3. The provisions of paragraphs 1 and 2 shall not apply to the reimbursement of travel, accommodation and subsistence expenses of Members, or to the direct payment of such expenses by third parties, when Members attend, pursuant to an invitation and in the performance of their duties, at any events organised by third parties.
The scope of this paragraph, in particular the rules on transparency, shall be specified in the implementing measures to be laid down by the Bureau pursuant to Article 9.

Former MEPs

Former MEPs who subsequently take up work as lobbyists in a field directly linked to EU affairs will not benefit from the facilities otherwise provided, during the time of such activity.

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

An advisory committee will provide guidance to MEPs and advise the President on what steps to take in the event of alleged breaches of the code.

The Committee will be composed of five Members appointed by the President of Parliament and chosen from the Bureau and Coordinators of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking account of experience and political balance.

Each member will serve as chair for six months on a rotating basis. Reserve members will also be selected.

Sanctions

Should the code be breached, the President of Parliament will consult the advisory committee and then decide what sanctions to impose.

Members may be sanctioned with a reprimand, a forfeiture of the daily allowance for up to ten days, a temporary suspension from Parliament’s activities (not including the right to vote) for a maximum of 10 days, or the loss of the role of Rapporteur (author of a Parliament report) or other elected offices within Parliament (for the latter two sanctions, a confirmatory decision by the President is needed).

Any such sanctions will be published on Parliament’s web site.

Implementation of the Code

Parliament’s Bureau is responsible for laying down measures for the implementation of the new code of conduct, and for the introduction of a monitoring procedure. The Bureau may also bring forward proposals to revise the code.