title: General revision of the Rules of Procedure European Parliament decision of 6 May 2009 on the general revision of Parliament's Rules of Procedure (2007/2124(REG))

text:
               5.8.2010

               EN

               Official Journal of the European Union

               CE 212/145

         Wednesday 6 May 2009General revision of the Rules of Procedure
   P6_TA(2009)0359
   European Parliament decision of 6 May 2009 on the general revision of Parliament's Rules of Procedure (2007/2124(REG))
   2010/C 212 E/26

      The European Parliament,

   having regard to Rules 201 and 202 of its Rules of Procedure,
   having regard to the report of the Committee on Constitutional Affairs (A6-0273/2009),

               1.

               Decides to amend its Rules of Procedure as shown below;

               2.

               Decides to insert the Code of Conduct for negotiating codecision files, as approved by its Conference of Presidents on 18 September 2008, into its Rules of Procedure as Annex XVIe;

               3.

               Decides that the amendments will enter into force on the first day of the seventh parliamentary term;

               4.

               Instructs its President to forward this decision to the Council and the Commission, for information.

               PRESENT TEXT

               AMENDMENT

                  Amendment 1

                  Parliament's Rules of Procedure

                  Rule 9 – paragraph 1 – subparagraph 1

                           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.

                           1.

                           Parliament
                                 shall
                               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

                  Parliament's Rules of Procedure

                  Rule 10 a (new)

                     Rule 10a

                     Observers

                                 1.

                              Where a Treaty on the accession of a State to the European Union has been signed, the President, after obtaining the agreement of the Conference of Presidents, may invite the parliament of the acceding State to designate from among its own members a number of observers equal to the number of future seats in the European Parliament allocated to that State.

                                 2.

                              Those observers shall take part in the proceedings of Parliament pending the entry into force of the Treaty of Accession, and shall have a right to speak in committees and political groups. They shall not have the right to vote or to stand for election to positions within Parliament. Their participation shall not have any legal effect on Parliament's proceedings.

                                 3.

                              Their treatment shall be assimilated to that of a Member of Parliament as regards the use of Parliament's facilities and the reimbursement of expenses incurred in their activities as observers.

                  Amendment 51

                  Parliament's Rules of Procedure

                  Rule 11

                     Oldest Member

                     Provisional Chair

                           1.

                           At the sitting provided for under Rule 127(2), and at any other sitting held for the purpose of electing the President and the Bureau, the
                                 oldest Member present
                               shall take the Chair until the President has been elected.

                           1.

                           At the sitting provided for under Rule 127(2), and at any other sitting held for the purpose of electing the President and the Bureau, the
                                 outgoing President or, failing him or her, one of the outgoing Vice-Presidents in order of precedence or, in the absence of any of them, the Member having held office for the longest period
                               shall take the Chair until the President has been elected.

                           2.

                           No business shall be transacted while
                                 the oldest
                               Member is in the Chair unless it is concerned with the election of the President or the verification of credentials.

                           2.

                           No business shall be transacted while
                                 a
                               Member is
                                 provisionally
                               in the Chair
                                 by virtue of paragraph 1
                               unless it is concerned with the election of the President or the verification of credentials.

                  The
                  oldest
                  Member shall exercise the powers of the President referred to in the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials that is raised when
                  the oldest Member
                  is in the Chair shall be referred to the committee responsible for the verification of credentials.

                  The Member
                  who is provisionally in the Chair by virtue of paragraph 1
                  shall exercise the powers of the President referred to in the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials that is raised when
                  he or she
                  is in the Chair shall be referred to the committee responsible for the verification of credentials.

                  Amendment 52

                  Parliament's Rules of Procedure

                  Rule 13

                           1.

                           The President shall be elected first. Nominations shall be handed before each ballot to the
                                 oldest
                               Member, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the elder candidate shall be declared elected.

                           1.

                           The President shall be elected first. Nominations shall be handed before each ballot to the Member
                                 provisionally in the Chair by virtue of Rule 11
                              , who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the elder candidate shall be declared elected.

                           2.

                           As soon as the President has been elected, the
                                 oldest
                               Member shall vacate the Chair. Only the elected President may deliver an opening address.

                           2.

                           As soon as the President has been elected, the Member
                                 who is provisionally in the Chair by virtue of Rule 11
                               shall vacate the Chair. Only the elected President may deliver an opening address.

                  Amendment 3

                  Parliament's Rules of Procedure

                  Rule 24 – paragraph 4 a (new)

                                 4a.

                              The Conference of Presidents shall be responsible for organising structured consultation with European civil society on major topics. This may include the organisation of public debates, open to participation by interested citizens, on subjects of general European interest. The Bureau shall appoint a Vice-President responsible for the implementation of such consultations, who shall report back to the Conference of Presidents.

                  Amendment 4

                  Parliament's Rules of Procedure

                  Rule 28 – paragraph 2

                           2.

                           Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing and published
                                 in the Bulletin of Parliament
                               within thirty days of tabling, together with the answers given.

                           2.

                           Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing
                                 , notified to Members
                               and published
                                 on Parliament's website
                               within thirty days of tabling, together with the answers given.

                  Amendment 5

                  Parliament's Rules of Procedure

                  Rule 30 a (new)

                     Rule 30a

                     Intergroups

                                 1.

                              Individual Members may form Intergroups or other unofficial groupings of Members, to hold informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and to promote contact between Members and civil society.

                                 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 rules governing their establishment adopted by the Bureau are respected, political groups may facilitate their activities by providing them with logistical support. Such groupings shall declare any external support in accordance with Annex I.

                  Amendment 6

                  Parliament's Rules of Procedure

                  Rule 36 – paragraph 1

                           1.

                           Without prejudice to Rule 40, the committee responsible shall verify the financial compatibility of any Commission proposal, or any other document of a legislative nature, with the
                                 Financial Perspective
                              .

                           1.

                           Without prejudice to Rule 40, the committee responsible shall verify the financial compatibility of any Commission proposal, or any other document of a legislative nature, with the
                                 multiannual financial framework
                              .

                  (Horizontal Amendment: the words ‘Financial Perspective’ shall be replaced throughout the entire text of the Rules of Procedure by the words ‘multiannual financial framework’.)

                  Amendment 7

                  Parliament's Rules of Procedure

                  Rule 39 – paragraph 1

                           1.

                           Parliament may request the Commission, pursuant to Article 192, second paragraph, of the EC Treaty, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted by a majority of the component Members of Parliament. Parliament may, at the same time, fix a deadline for the submission of such a proposal.

                           1.

                           Parliament may request the Commission, pursuant to Article 192, second paragraph, of the EC Treaty, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted by a majority of the component Members of Parliament
                                 in the final vote
                              . Parliament may, at the same time, fix a deadline for the submission of such a proposal.

                  Amendment 8

                  Parliament's Rules of Procedure

                  Rule 45 – paragraph 2

                           2.

                           Motions for resolutions contained in own-initiative reports shall be examined by Parliament pursuant to the short presentation procedure set out in Rule 131a. Amendments to such motions for resolutions shall
                                 not
                               be admissible for consideration in plenary
                                 unless
                               tabled by the rapporteur to take account of new information
                                 , but
                               alternative motions for resolutions
                                 may be tabled
                               in accordance with Rule 151(4). This paragraph shall not apply where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 38a or 39, or where the report can be considered a strategic report according to the criteria set out by the Conference of Presidents.

                           2.

                           Motions for resolutions contained in own-initiative reports shall be examined by Parliament pursuant to the short presentation procedure set out in Rule 131a. Amendments to such motions for resolutions shall
                                 only
                               be admissible for consideration in plenary
                                 if
                               tabled by the rapporteur to take account of new information
                                 or by at least one-tenth of the Members of Parliament. Political groups may table
                               alternative motions for resolutions in accordance with Rule 151(4). This paragraph shall not apply where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 38a or 39, or where the report can be considered a strategic report according to the criteria set out by the Conference of Presidents.

                  Amendment 9

                  Parliament's Rules of Procedure

                  Rule 47 – indent 3

                           —

                           the chairs, rapporteur and rapporteurs for opinions concerned shall
                                 endeavour to
                               jointly identify areas of the text falling within their exclusive or joint competences and agree on the precise arrangements for their cooperation;

                           —

                           the chairs, rapporteur and rapporteurs for opinions concerned shall jointly identify areas of the text falling within their exclusive or joint competences and agree on the precise arrangements for their cooperation
                                 . In the event of disagreement about the delimitation of competences the matter shall be submitted, at the request of one of the committees involved, to the Conference of Presidents, which may decide on the question of the respective competences or decide that the procedure with joint committee meetings pursuant to Rule 47a is to apply; the second and third sentences of Rule 179(2) shall apply mutatis mutandis
                              ;

                  Amendment 10

                  Parliament's Rules of Procedure

                  Rule 47 – indent 4

                           —

                           the committee responsible shall accept without a vote Amendments from an associated committee where they concern matters which
                                 the chair of the committee responsible considers, on the basis of Annex VI, after consulting the chair of the associated committee, to fall under the exclusive competence of the associated committee and which do not contradict other elements of the report. The chair of the committee responsible shall take account of any agreement reached under the third indent
                              ;

                           —

                           the committee responsible shall accept without a vote Amendments from an associated committee where they concern matters which
                                 fall within the exclusive competence of the associated committee. If Amendments on matters which fall within the joint competence of the committee responsible and an associated committee are rejected by the former, the latter may table those Amendments directly to Parliament
                              ;

                  Amendment 11

                  Parliament's Rules of Procedure

                  Rule 47 a (new)

                     Rule 47a

                     Procedure with joint committee meetings

                     Where the conditions set out in Rule 46(1) and Rule 47 are satisfied, the Conference of Presidents may, if it is satisfied that the matter is of major importance, decide that a procedure with joint meetings of committees and a joint vote is to be applied. In that event, the respective rapporteurs shall draw up a single draft report, which shall be examined and voted on by the committees involved at joint meetings held under the joint chairmanship of the committee chairs concerned. The committees involved may set up inter-committee working groups to prepare the joint meetings and votes.

                  Amendment 12

                  Parliament's Rules of Procedure

                  Rule 51 – paragraph 2 – subparagraph 2

               The
                     consultation procedure
                   is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible.

               The
                     first reading
                   is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible.

                  Amendment 13

                  Parliament's Rules of Procedure

                  Rule 51 – paragraph 3

                           3.

                           The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and Commission by the President as Parliament's
                                 opinion
                              .

                           3.

                           The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and Commission by the President as Parliament's
                                 position
                              .

                  (Horizontal amendment: in all provisions relating to the codecision procedure, the words ‘Parliament's opinion’ shall be replaced throughout the entire text of the Rules of Procedure by ‘Parliament's position’.)

                  Amendment 14

                  Parliament's Rules of Procedure

                  Rule 52 – paragraph 1

                           1.

                           If a Commission proposal fails to secure a majority of the votes cast, the President shall, before Parliament votes on the draft legislative resolution, request the Commission to withdraw the proposal.

                           1.

                           If a Commission proposal fails to secure a majority of the votes cast
                                 or if a motion for its rejection, which may be tabled by the committee responsible or by at least forty Members, has been adopted
                              , the President shall, before Parliament votes on the draft legislative resolution, request the Commission to withdraw the proposal.

                  Amendment 15

                  Parliament's Rules of Procedure

                  Rule 52 – paragraph 2

                           2.

                           If the Commission does so, the President shall
                                 hold
                               the
                                 consultation
                               procedure
                                 on the proposal to be superfluous
                               and shall inform the Council accordingly.

                           2.

                           If the Commission does so, the President shall
                                 declare
                               the procedure
                                 closed
                               and shall inform the Council accordingly.

                  Amendment 16

                  Parliament's Rules of Procedure

                  Rule 52 – paragraph 3

                           3.

                           If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible without voting on the draft legislative resolution.

                           3.

                           If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible without voting on the draft legislative resolution
                                 , unless Parliament, on a proposal of the chair or rapporteur of the committee responsible or of a political group or at least forty Members, proceeds to vote on the draft legislative resolution
                              .

               In
                     this case
                  , the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.

               In
                     the event of referral back
                  , the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.

                  Amendment 59

                  Parliament's Rules of Procedure

                  Rule 65 a (new) (to be introduced under Chapter 6: Conclusion of the Legislative Procedure)

                     Rule 65a

                     Interinstitutional negotiations in legislative procedures

                                 1.

                              Negotiations with the other institutions aimed at reaching an agreement in the course of a legislative procedure shall be conducted having regard to the Code of Conduct for negotiating in the context of codecision procedures (Annex XVIe).

                                 2.

                              Before entering into such negotiations, the committee responsible should, in principle, take a decision by a majority of its members and adopt a mandate, orientations or priorities.

                                 3.

                              If the negotiations lead to a compromise with the Council following the adoption of the report by the committee, the committee shall in any case be reconsulted before the vote in plenary.

                  Amendment 18

                  Parliament's Rules of Procedure

                  Rule 66

                                 1.

                           Where, pursuant to Article 251(2) of the EC Treaty, the Council has informed Parliament that it has approved
                                 its amendments, but not otherwise amended the Commission proposal, or neither institution has amended the Commission proposal
                              , the President shall announce in Parliament that the proposal has been
                                 finally
                               adopted.

               Where, pursuant to Article 251(2) of the EC Treaty, the Council has informed Parliament that it has approved
                     Parliament's

                     position
                  , the President
                     , subject to finalisation in accordance with Rule 172a,
                   shall announce in Parliament that the proposal has been adopted
                     in the wording which corresponds to the position of Parliament
                  .

                                 2.

                              Before making this announcement, the President shall verify that any technical adaptations made by the Council to the proposal do not affect the substance. In case of doubt, he shall consult the committee responsible. If any changes made are considered to be substantive, the President shall inform the Council that Parliament will proceed to a second reading as soon as the conditions laid down in Rule 57 are fulfilled.

                                 3.

                              After making the announcement referred to in paragraph 1, the President shall, with the President of the Council, sign the proposed act and arrange for its publication in the Official Journal of the European Union, in accordance with Rule 68.

                  Amendment 19

                  Parliament's Rules of Procedure

                  Rule 68 – title

                  Amendment 20

                  Parliament's Rules of Procedure

                  Rule 68 – paragraph 1

                                 1.

                              The text of acts adopted jointly by Parliament and the Council shall be signed by the President and by the Secretary-General, once it has been verified that all the procedures have been duly completed.

                     deleted

                  Amendment 21

                  Parliament's Rules of Procedure

                  Rule 68 – paragraph 7

                                 7.

                              The acts referred to above shall be published in the Official Journal of the European Union by the Secretaries-General of Parliament and the Council.

                     deleted

                  Amendment 22

                  Parliament's Rules of Procedure

                  Rule 68 a (new) (to be introduced in Chapter 6: Conclusion of the Legislative Procedure)

                     Rule 68a

                     Signature of adopted acts

                     After finalisation of the text adopted in accordance with Rule 172a and once it has been verified that all the procedures have been duly completed, acts adopted in accordance with the procedure laid down in Article 251 of the EC Treaty shall be signed by the President and the Secretary-General and shall be published in the Official Journal of the European Union by the Secretaries-General of the Parliament and of the Council.

                  Amendment 68

                  Parliament's Rules of Procedure

                  Rule 80 a – paragraph 3 – subparagraph 3

               However,
                     amendments to the parts which have remained unchanged may be admitted by way of exception and on a case-by-case basis by the chair of the above committee if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments
                  .

               However,
                     if in accordance with point 8 of the Interinstitutional Agreement the committee responsible intends also to submit amendments to the codified parts of the Commission proposal, it shall immediately notify its intention to the Council and to the Commission, and the latter should inform the committee, prior to the vote pursuant to Rule 50, of its position on the amendments and whether or not it intends to withdraw the recast proposal
                  .

                  Amendment 23

                  Parliament's Rules of Procedure

                  Rule 83 – paragraph 1

                           1.

                           When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, the committee responsible
                                 shall ensure that Parliament is fully informed by the Commission about its
                               recommendations for a negotiating mandate, if necessary on a confidential basis.

                           1.

                           When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, the committee responsible
                                 may decide to draw up a report or otherwise monitor the procedure and inform the Conference of Committee Chairs of that decision. Where appropriate, other committees may be asked for an opinion pursuant to Rule 46(1). Rules 179(2), 47 or 47a shall apply where appropriate.

                     The chairs and rapporteurs of the committee responsible and, as the case may be, of the associated committees shall jointly take appropriate action to ensure that the Commission provides Parliament with full information about the
                   recommendations for a negotiating mandate, if necessary on a confidential basis
                     , as well as with the information referred to in paragraphs 3 and 4
                  .

                  Amendment 24

                  Parliament's Rules of Procedure

                  Rule 83 – paragraph 6 a (new)

                                 6a.

                              Before the vote on the assent is taken, the committee responsible, a political group or at least one-tenth of the Members may propose that Parliament seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties. If Parliament approves such a proposal, the vote on the assent shall be adjourned until the Court has delivered its opinion.

                  Amendment 25

                  Parliament's Rules of Procedure

                  Rule 97 – paragraph 3

                           3.

                           Parliament shall establish a register of Parliament documents. Legislative documents and other documents
                                 as indicated in an Annex to these Rules
                               shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register. References for other Parliament documents shall as far as possible be included in the register.

                           3.

                           Parliament shall establish a register of Parliament documents. Legislative documents and
                                 certain
                               other
                                 categories of
                               documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register. References for other Parliament documents shall as far as possible be included in the register.

               Categories of documents which are directly accessible shall be set out in a list adopted by
                     Parliament and annexed to these Rules
                  . This list shall not restrict the right of access to documents not falling under the categories listed.

               Categories of documents which are directly accessible shall be set out in a list adopted by
                     the Bureau and published on Parliament's website
                  . This list shall not restrict the right of access to documents not falling under the categories listed
                     ; those documents
                   shall be made available on written application.

                     Parliament documents which are not directly accessible through the register
                   shall be made available on written application.

               The Bureau may adopt rules, in conformity with Regulation (EC) No 1049/2001, laying down arrangements for access which shall be published in the Official Journal of the European Union.

               The Bureau may adopt rules, in conformity with Regulation (EC) No 1049/2001, laying down arrangements for access which shall be published in the Official Journal of the European Union.

                  (Annex XV is deleted)

                  Amendment 26

                  Parliament's Rules of Procedure

                  Rule 103 – paragraph 1

                           1.

                           Members of the Commission, Council and European Council may at any time ask the President for permission to make a statement. The President shall decide when the statement may be made and whether it is to be followed by a full debate or by thirty minutes of brief and concise questions from Members.

                           1.

                           Members of the Commission, Council and European Council may at any time ask the President
                                 of Parliament
                               for permission to make a statement.
                                 The President of the European Council shall make a statement after every meeting thereof.
                               The President
                                 of Parliament
                               shall decide when the statement may be made and whether it is to be followed by a full debate or by thirty minutes of brief and concise questions from Members.

                  Amendment 60

                  Parliament's Rules of Procedure

                  Rule 116 – paragraph 1

                           1.

                           Up to five Members may submit a written declaration of not more than 200 words on a matter
                                 falling
                               within the
                                 sphere of activities
                               of the European Union. Written declarations shall be printed in the official languages and distributed. They shall be included with the names of the signatories in a register. This register shall be public and shall be maintained outside the entrance to the Chamber during part-sessions and between part-sessions in an appropriate location to be determined by the College of Quaestors.

                           1.

                           Up to five Members may submit a written declaration of not more than 200 words on a matter within the
                                 competences
                               of the European Union
                                 and which does not cover issues that are the subject of an ongoing current legislative process. Authorisation shall be given by the President on a case-by-case basis
                              . Written declarations shall be printed in the official languages and distributed. They shall be included with the names of the signatories in a register. This register shall be public and shall be maintained outside the entrance to the Chamber during part-sessions and between part-sessions in an appropriate location to be determined by the College of Quaestors.

                  Amendment 27

                  Parliament's Rules of Procedure

                  Rule 116 – paragraph 3

                           3.

                           Where a declaration is signed by the majority of Parliament's component Members, the President shall notify Parliament accordingly and publish the names of the signatories in the minutes.

                           3.

                           Where a declaration is signed by the majority of Parliament's component Members, the President shall notify Parliament accordingly and publish the names of the signatories in the minutes
                                 and the declaration as a text adopted
                              .

                  Amendment 28

                  Parliament's Rules of Procedure

                  Rule 116 – paragraph 4

                           4.

                                 Such a declaration shall
                              , at the end of the part-session,
                                 be forwarded to the institutions named therein
                               together with the names of the signatories.
                                 It shall be included in the minutes of the sitting at which it is announced. Publication in the minutes shall close the procedure.

                           4.

                                 The procedure shall be closed by the transmission to the addressees
                              , at the end of the part-session,
                                 of the declaration,
                               together with the names of the signatories.

                  Amendment 29

                  Parliament's Rules of Procedure

                  Rule 131 a

               At the request of the rapporteur or on a proposal of the Conference of Presidents, Parliament may also decide that an item not needing a full debate be dealt with by means of a short presentation in plenary by the rapporteur. In that event, the Commission shall have the opportunity to
                     intervene and any Member shall have the right to react by handing in an additional written statement pursuant to Rule 142(7)
                  .

               At the request of the rapporteur or on a proposal of the Conference of Presidents, Parliament may also decide that an item not needing a full debate be dealt with by means of a short presentation in plenary by the rapporteur. In that event, the Commission shall have the opportunity to
                     respond, followed by up to ten minutes of debate in which the President may give the floor, for up to one minute each, to Members who catch his eye
                  .

                  Amendments 30 and 66

                  Parliament's Rules of Procedure

                  Rule 142

               Allocation of speaking time

               Allocation of speaking time
                     and list of speakers

                           1.

                           The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate.

                           1.

                           The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate.

                                 1a.

                              Members may not speak unless called upon to do so by the President. Members shall speak from their places and shall address the President. If speakers depart from the subject, the President shall call them to order.

                                 1b.

                              The President may draw up, for the first part of a particular debate, a list of speakers that includes one or more rounds of speakers from each political group wishing to speak, in the order of their size, and one non-attached Member.

                           2.

                           Speaking time shall be allocated in accordance with the following criteria:

                           2.

                           Speaking time
                                 for this part of a debate
                               shall be allocated in accordance with the following criteria:

                           (a)

                           a first fraction of speaking time shall be divided equally among all the political groups;

                           (a)

                           a first fraction of speaking time shall be divided equally among all the political groups;

                           (b)

                           a further fraction shall be divided among the political groups in proportion to the total number of their members;

                           (b)

                           a further fraction shall be divided among the political groups in proportion to the total number of their members;

                           (c)

                           the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under subparagraphs (a) and (b).

                           (c)

                           the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under subparagraphs (a) and (b).

                           3.

                           Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected.

                           3.

                           Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected.

                                 3a.

                              The remaining part of the time for a debate shall not be specifically allocated in advance. Instead, the President shall call on Members to speak, as a general rule for no more than one minute. The President shall ensure – as far as possible – that speakers holding different political views and from different Member States are heard in turn.

                                 3b.

                              On request priority may be given to the chair or rapporteur of the committee responsible and to the chairs of political groups who wish to speak on their behalf, or to speakers deputising for them.

                                 3c.

                              The President may give the floor to Members who indicate, by raising a blue card, their wish to put to another Member, during that Member's speech, a question of no longer than half a minute's duration, where the speaker agrees and where the President is satisfied that this will not lead to a disruption of the debate.

                           4.

                           No Member may speak for more than one minute on any of the following: the minutes, procedural motions, amendments to the final draft agenda or to the agenda.

                           4.

                           No Member may speak for more than one minute on any of the following: the minutes
                                 of the sitting
                              , procedural motions, amendments to the final draft agenda or to the agenda.

                                 4a.

                              Without prejudice to his other disciplinary powers, the President may cause to be deleted from the verbatim reports of debates of sittings the speeches of Members who have not been called upon to speak or who continue to speak beyond the time allotted to them.

                           5.

                           The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular to respond to the statements made by Members.

                           5.

                           The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular to respond to the statements made by Members.

                           6.

                           Without prejudice to Article 197 of the EC Treaty, the President shall seek to reach an understanding with the Commission and Council on appropriate allocation of speaking time for them.

                           6.

                           Without prejudice to Article 197 of the EC Treaty, the President shall seek to reach an understanding with the Commission and Council on appropriate allocation of speaking time for them.

                           7.

                           Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words that shall be appended to the verbatim report of the debate.

                           7.

                           Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words that shall be appended to the verbatim report of the debate.

                  (Rules 141 and 143 fall)

                  Amendment 32

                  Parliament's Rules of Procedure

                  Rule 150 – paragraph 6 – subparagraph 2 a (new)

                     Where fewer than one hundred Members are present, Parliament may not decide otherwise if at least one tenth of the Members present object.

                  Amendment 33

                  Parliament's Rules of Procedure

                  Rule 156

               When
                     over
                   fifty amendments have been tabled to a report for consideration in Parliament, the President may, after consulting its chair, request the committee responsible to meet to consider
                     the
                   amendments. Any amendment not receiving favourable votes at this stage from at least one-tenth of the members of the committee shall not be put to the vote in Parliament.

               When
                     more than
                   fifty amendments
                     and requests for a split or separate vote
                   have been tabled to a report for consideration in Parliament, the President may, after consulting its chair, request the committee responsible to meet to consider
                     those
                   amendments
                     or requests
                  . Any amendment
                     or request for a split or separate vote
                   not receiving favourable votes at this stage from at least one-tenth of the members of the committee shall not be put to the vote in Parliament.

                  Amendment 34

                  Parliament's Rules of Procedure

                  Rule 157 – paragraph 1

                           1.

                           Where the text to be put to the vote contains two or more provisions or references to two or more points or lends itself to division into two or more parts
                                 each with
                               a distinct
                                 logical
                               meaning
                                 and
                               normative value, a split vote may be requested by a political group or at least forty Members.

                           1.

                           Where the text to be put to the vote contains two or more provisions or references to two or more points or lends itself to division into two or more parts
                                 having
                               a distinct meaning
                                 and/or
                               normative value, a split vote may be requested by a political group or at least forty Members.

                  Amendment 35

                  Parliament's Rules of Procedure

                  Rule 159 a (new)

                     Rule 159a

                     Final vote

                     When voting on any legislative proposal, whether by way of a single and/or final vote, Parliament shall vote by roll call using the electronic voting system.

                  Amendment 36

                  Parliament's Rules of Procedure

                  Rule 160 – paragraph 1

                           1.

                           In addition to the cases provided for under Rules 99(4)
                                 and
                               100(5), the vote shall be taken by roll call if so requested in writing by a political group or at least forty Members the evening before the vote unless the President sets a different deadline.

                           1.

                           In addition to the cases provided for under Rules 99(4), 100(5)
                                 and 159a
                              , the vote shall be taken by roll call if so requested in writing by a political group or at least forty Members the evening before the vote unless the President sets a different deadline.

                  Amendment 37

                  Parliament's Rules of Procedure

                  Rule 160 – paragraph 2 – subparagraph 1

                           2.

                           The roll shall be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote.

                           2.

                           The
                                 roll call vote shall be taken using the electronic voting system
                              .
                                 Where the latter cannot be used for technical reasons, the
                               roll shall be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote.

                  Amendment 38

                  Parliament's Rules of Procedure

                  Rule 162 – paragraph 4 – subparagraph 1

                           4.

                           Between two and
                                 six
                               Members chosen by lot shall count the votes cast in a secret ballot.

                           4.

                           Between two and
                                 eight
                               Members chosen by lot shall count the votes cast in a secret ballot
                                 , unless an electronic vote is taken
                              .

                  Amendment 39

                  Parliament's Rules of Procedure

                  Rule 172

                           1.

                           The minutes of each sitting,
                                 containing
                               the decisions of Parliament and the names of speakers, shall be distributed at least half an hour before the beginning of the afternoon period of the next sitting.

                           1.

                           The minutes of each sitting,
                                 detailing the proceedings and
                               the decisions of Parliament and the names of speakers, shall be distributed at least half an hour before the beginning of the afternoon period of the next sitting.

                  In the context of legislative proceedings, any amendments adopted by Parliament are also deemed to be decisions within the meaning of this
                  paragraph
                  , even if the relevant Commission proposal or the Council's
                  common
                  position is ultimately rejected, pursuant to Rule 52(1) or Rule 61(3) respectively.

                  In the context of legislative proceedings, any amendments adopted by Parliament are also deemed to be decisions within the meaning of this
                  Rule
                  , even if the relevant Commission proposal or the Council's position is ultimately rejected, pursuant to Rule 52(1) or Rule 61(3) respectively.

                     The texts adopted by Parliament shall be distributed separately. Where legislative texts adopted by Parliament contain amendments, they shall be published in a consolidated version.

                           2.

                           At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting.

                           2.

                           At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting.

                           3.

                           If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be considered. No Member may speak on the
                                 minutes
                               for more than one minute.

                           3.

                           If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be considered. No Member may speak on the
                                 subject
                               for more than one minute.

                           4.

                           The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published
                                 within one month
                               in the Official Journal of the European Union.

                           4.

                           The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published in the Official Journal of the European Union.

                  Amendment 40

                  Parliament's Rules of Procedure

                  Rule 172 a (new)

                     Rule 172a

                     Texts adopted

                                 1.

                              Texts adopted by Parliament shall be published immediately after the vote. They shall be placed before Parliament in conjunction with the minutes of the relevant sitting and be preserved in the records of Parliament.

                                 2.

                              Texts adopted by Parliament shall be subject to legal-linguistic finalisation under the responsibility of the President. Where such texts are adopted on the basis of an agreement reached between Parliament and the Council, such finalisation shall be carried out by the two institutions acting in close cooperation and by mutual agreement.

                                 3.

                              The procedure laid down in Rule 204a shall apply where, in order to ensure the coherence and the quality of the text in accordance with the will expressed by Parliament, adaptations are required which go beyond corrections of typological errors or corrections necessary to ensure the concordance of all language versions as well as their linguistic correctness and terminological consistency.

                                 4.

                              The texts adopted by Parliament under the procedure laid down in Article 251 of the EC Treaty shall take the form of a consolidated text. Where Parliament's vote was not based on an agreement with the Council, the consolidated text shall identify any amendments adopted.

                                 5.

                              After finalisation, the texts adopted shall be signed by the President and the Secretary-General and shall be published in the Official Journal.

                  Amendment 41

                  Parliament's Rules of Procedure

                  Rule 175

               Setting up of
                     temporary
                   committees

               Setting up of
                     special
                   committees

               On a proposal from the Conference of Presidents, Parliament may at any time set up
                     temporary
                   committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry.

               On a proposal from the Conference of Presidents, Parliament may at any time set up
                     special
                   committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry.

                  As the powers, composition and term of office of
                  temporary
                  committees are decided at the same time as these committees are set up, Parliament cannot subsequently decide to alter their powers either by increasing or reducing them.

                  As the powers, composition and term of office of
                  special
                  committees are decided at the same time as these committees are set up, Parliament cannot subsequently decide to alter their powers either by increasing or reducing them.

                  Amendment 42

                  Parliament's Rules of Procedure

                  Rule 177 – paragraph 1 – interpretation (new)

                     The proportionality among political groups must not depart from the nearest appropriate whole number. If a group decides not to take seats on a committee, the seats in question shall remain vacant and the committee shall be reduced in size by the corresponding number. Exchange of seats between political groups may not be allowed.

                  Amendment 43

                  Parliament's Rules of Procedure

                  Rule 179 – paragraph 2

                           2.

                           Should a standing committee declare itself not competent to consider a question, or should a conflict arise over the competence of two or more standing committees, the question of competence shall be referred to the Conference of Presidents within four working weeks of the announcement in Parliament of referral to committee. The Conference of
                                 Committee Chairs
                               shall
                                 be notified and may make
                               a recommendation
                                 to
                               the Conference of
                                 Presidents.
                               The Conference of Presidents
                                 shall
                               take a decision within
                                 six working weeks of
                               the
                                 referral of the question of competence. Otherwise the question
                               shall be
                                 included for a decision on the agenda for the subsequent part-session
                              .

                           2.

                           Should a standing committee declare itself not competent to consider a question, or should a conflict arise over the competence of two or more standing committees, the question of competence shall be referred to the Conference of Presidents within four working weeks of the announcement in Parliament of referral to committee. The Conference of
                                 Presidents
                               shall
                                 take a decision within six weeks on the basis of
                               a recommendation
                                 from
                               the Conference of
                                 Committee Chairs, or, if no such recommendation is forthcoming, from its chair. If
                               the Conference of Presidents
                                 fails to
                               take a decision within
                                 that period,
                               the
                                 recommendation
                               shall be
                                 deemed to have been approved
                              .

                  Amendment 44

                  Parliament's Rules of Procedure

                  Rule 179 – paragraph 2 – interpretation (new)

                     The committee chairs may enter into agreements with other committee chairs concerning the allocation of an item to a particular committee, subject, where necessary, to the authorisation of a procedure with associated committees under Rule 47.

                  Amendment 45

                  Parliament's Rules of Procedure

                  Rule 182 a (new)

                     Rule 182a

                     Committee coordinators and shadow rapporteurs

                                 1.

                              The political groups may designate one of their members as coordinator.

                                 2.

                              The committee coordinators shall where necessary be convened by the chair to prepare decisions to be taken by the committee, in particular decisions on procedure and the appointment of rapporteurs. The committee may delegate the power to take certain decisions to the coordinators, with the exception of decisions concerning the adoption of reports, opinions or amendments. The vice-chairs may be invited to participate in the meetings of committee coordinators in a consultative role. The coordinators shall endeavour to find consensus. When consensus cannot be found, they may act only by a majority that clearly represents a large majority of the committee, having regard to the respective strengths of the various groups.

                                 3.

                              The political groups may for each report designate a shadow rapporteur to follow the progress of the relevant report and find compromises within the committee on behalf of the group. Their names shall be communicated to the chair. The committee, on a proposal from the coordinators, may in particular decide to involve the shadow rapporteurs in seeking an agreement with the Council in codecision procedures.

                  Amendment 46

                  Parliament's Rules of Procedure

                  Rule 184

               The minutes of each meeting of a committee shall be distributed to all its members and submitted to the committee for its approval
                     at its next meeting
                  .

               The minutes of each meeting of a committee shall be distributed to all its members and submitted to the committee for its approval.

                  Amendment 47

                  Parliament's Rules of Procedure

                  Rule 186

               Rules 11, 12, 13, 16, 17, 140, 141, 143(1), 146, 148, 150 to 153, 155, 157(1), 158, 159, 161, 162, 164 to 167, 170 and 171 shall apply mutatis mutandis to committee meetings.

               Rules 11, 12, 13, 16, 17,
                     34 to 41,
                   140, 141, 143(1), 146, 148, 150 to 153, 155, 157(1), 158, 159, 161, 162, 164 to 167, 170 and 171 shall apply mutatis mutandis to committee meetings.

                  Amendment 48

                  Parliament's Rules of Procedure

                  Rule 188 – paragraph 6 a (new)

                                 6a.

                              The chair of a delegation shall be given an opportunity to be heard by a committee when a point is on the agenda which touches on the field of responsibility of the delegation. The same shall apply at meetings of a delegation to the chair or rapporteur of that committee.

                  Amendment 49

                  Parliament's Rules of Procedure

                  Rule 192 – paragraph 1 a (new)

                                 1a.

                              Where the report deals with, in particular, the application or interpretation of the law of the European Union, or proposed changes to existing law, the committee responsible for the subject-matter shall be associated in accordance with Rule 46(1) and the first and second indents of Rule 47. The committee responsible shall accept without a vote suggestions for parts of the motion for a resolution received from the committee responsible for the subject-matter which deal with the application or interpretation of the law of the European Union or changes to existing law. If the committee responsible does not accept such suggestions, the associated committee may table them directly to Parliament.

                  Amendment 50

                  Parliament's Rules of Procedure

                  Rule 204 – point c a (new)

                                 (ca)

                                 guidelines and codes of conduct adopted by the relevant bodies of Parliament (Annexes XVIa, XVIb and XVIe).


title: Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (Text with EEA relevance)

text:
               9.10.2015

               EN

               Official Journal of the European Union

               L 264/1

         DECISION (EU) 2015/1814 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 6 October 2015
   concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               Directive 2003/87/EC of the European Parliament and of the Council (3) establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.

               (2)

               According to the European Council conclusions of 23 and 24 October 2014 on the 2030 climate and energy policy framework, a well-functioning, reformed EU ETS with an instrument to stabilise the market will be the main European instrument to achieve the Union's greenhouse gas emissions reduction target.

               (3)

               Article 10(5) of Directive 2003/87/EC provides that each year the Commission is to submit a report to the European Parliament and to the Council on the functioning of the European carbon market.

               (4)

               The report from the Commission to the European Parliament and to the Council on the state of the European carbon market in 2012 identified the need for measures in order to tackle structural supply-demand imbalances. The impact assessment on the 2030 climate and energy policy framework indicates that such imbalances are expected to continue, and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within that framework. A change in the linear factor only gradually changes the Union-wide quantity of allowances (EU ETS cap). Accordingly, the surplus would also only gradually decline, such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more, thereby preventing the EU ETS from delivering the necessary investment signal to reduce CO2 emissions in a cost-efficient manner and from being a driver of low-carbon innovation contributing to economic growth and jobs.

               (5)

               In order to address that problem and to make the EU ETS more resilient in relation to supply-demand imbalances, so as to enable the EU ETS to function in an orderly market, a market stability reserve (the ‘reserve’) should be established in 2018 and it should be operational as of 2019. The reserve will also enhance synergy with other climate and energy policies. In order to preserve a maximum degree of predictability, clear rules should be set for placing allowances in the reserve and releasing them from it. The reserve should function by triggering adjustments to the annual auction volumes. Where the conditions are met, beginning in 2019, an amount of allowances corresponding to 12 % of the number of allowances in circulation, as set out in the most recent publication of the total number of allowances in circulation by the Commission, should be deducted each year from the auction volumes and placed in the reserve. In any given year, a corresponding number of allowances should be released from the reserve to Member States in the same proportions and order as applied when placing them in the reserve, and should be added to auction volumes if the relevant total number of allowances in circulation is less than 400 million.

               (6)

               To this end, the Commission and the Member States should, without undue delay following the publication of the total number of allowances in circulation by the Commission by 15 May of a given year, ensure that the auction calendars of the common auction platform and, where applicable, of opt-out auction platforms are adjusted to take account of the allowances placed in or to be released from the reserve. The adjustment of the volume of allowances to be auctioned should be spread over a period of 12 months following the change to the relevant auctioning calendar. Given the need for a smooth operation of the auction process, further details on the adjustment, where necessary, should be set out in Commission Regulation (EU) No 1031/2010 (4).

               (7)

               Furthermore, in addition to the establishment of the reserve, a few consequential amendments should be made to Directive 2003/87/EC in order to ensure consistency and the smooth operation of the EU ETS. In particular, the implementation of Directive 2003/87/EC may lead to large volumes of allowances being auctioned at the end of each trading period which could undermine market stability. Accordingly, in order to avoid an imbalanced market situation of supply of allowances at the end of one trading period and the beginning of the next with possibly disruptive effects for the market, provision should be made for the auctioning of part of any large increase of supply at the end of one trading period in the first two years of the next period. In order to further enhance the stability of the European carbon market and to avoid artificially increasing supply towards the end of the trading period which started in 2013, allowances not allocated to installations pursuant to Article 10a(7) of Directive 2003/87/EC and allowances not allocated to installations because of the application of Article 10a(19) and (20) of that Directive (‘unallocated allowances’), should be placed in the reserve in 2020. The Commission should review Directive 2003/87/EC in relation to those unallocated allowances and, if appropriate, submit a proposal to the European Parliament and to the Council on options for further action.

               (8)

               The planned reintroduction of 300 million allowances in 2019 and 600 million allowances in 2020, as determined in Commission Regulation (EU) No 176/2014 (5), would undermine the aim of the reserve to tackle structural supply-demand imbalances. Accordingly, those 900 million allowances should not be auctioned in 2019 and 2020 but should instead be placed in the reserve.

               (9)

               It is important that the EU ETS incentivise carbon-efficient growth and that the competitiveness of the Union's industries at genuine risk of carbon leakage be protected. The abovementioned European Council conclusions on the 2030 climate and energy policy framework gave clear guidance on the continuation of free allocation and carbon leakage provisions after 2020. Building on this strategic guidance, the Commission should review Directive 2003/87/EC, in particular Article 10a thereof, and submit a proposal for the revision of that Directive within six months of the adoption of this Decision. In pursuing the goal of a level playing field, that review should also consider harmonised arrangements to compensate for indirect costs at Union level. The review should also consider whether up to 50 million unallocated allowances should be used to supplement existing resources to promote projects referred to in Article 10a(8) of that Directive and low-carbon industrial innovation projects, with projects in all Member States including small-scale projects, before 2021.

               (10)

               The Commission should monitor the functioning of the reserve in the context of its annual carbon market report. That report should consider relevant effects on competitiveness, in particular in the industrial sector, including in relation to GDP, employment and investment indicators. In addition, the Commission should, within three years of the date of operation of the reserve and periodically thereafter, review the functioning of the reserve in the light of the experience gained from its application. The review of the functioning of the reserve should in particular consider whether the rules on placing allowances in the reserve and releasing them are appropriate with regard to the aim of tackling structural supply-demand imbalances. The review should include an analysis of the market balance, including all relevant factors affecting supply and demand, and of the appropriateness of the predefined range triggering adjustments to annual auction volumes, as well as the percentage rate applied to the total number of allowances in circulation. Where the analysis indicates that the range is no longer appropriate in the light of changes in market developments and new information available at the time of the review, the Commission should swiftly submit a proposal to address such a situation. The review should also look into the impact of the reserve on growth, jobs, the Union's industrial competitiveness and on the risk of carbon leakage. The review of the functioning of the reserve should be objective and take into account the need to preserve regulatory stability and ensure long-term predictability in the transition to a low-carbon economy.

               (11)

               Since the objectives of this Decision, namely to establish a market stability reserve and make it operational in the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

               (12)

               Directive 2003/87/EC should therefore be amended accordingly,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Market stability reserve
   1.   A market stability reserve shall be established in 2018 and the placing of allowances in the reserve shall operate from 1 January 2019.
   2.   The quantity of 900 million allowances deducted from auctioning volumes during the period 2014-2016, as determined in Regulation (EU) No 176/2014 pursuant to Article 10(4) of Directive 2003/87/EC, shall not be added to the volumes to be auctioned in 2019 and 2020 but shall instead be placed in the reserve.
   3.   Allowances not allocated to installations pursuant to Article 10a(7) of Directive 2003/87/EC and allowances not allocated to installations because of the application of Article 10a(19) and (20) of that Directive shall be placed in the reserve in 2020. The Commission shall review Directive 2003/87/EC in relation to those unallocated allowances and, if appropriate, submit a proposal to the European Parliament and to the Council.
   4.   The Commission shall publish the total number of allowances in circulation each year, by 15 May of the subsequent year. The total number of allowances in circulation in a given year shall be the cumulative number of allowances issued in the period since 1 January 2008, including the number issued pursuant to Article 13(2) of Directive 2003/87/EC in that period and entitlements to use international credits exercised by installations under the EU ETS in respect of emissions up to 31 December of that given year, minus the cumulative tonnes of verified emissions from installations under the EU ETS between 1 January 2008 and 31 December of that same given year, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC and the number of allowances in the reserve. No account shall be taken of emissions during the three-year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions. The first publication shall take place by 15 May 2017.
   5.   Each year, a number of allowances equal to 12 % of the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year, unless the number of allowances to be placed in the reserve would be less than 100 million. In the first year of the reserve's operation, placements shall also take place between 1 January and 1 September of that year of 8 % (representing 1 % for each calendar month) of the total number of allowances in circulation as set out in the most recent publication.
   Without prejudice to the total amount of allowances to be deducted pursuant to this paragraph, until 31 December 2025, allowances referred to in point (b) of the first subparagraph of Article 10(2) of Directive 2003/87/EC shall not be taken into account when determining Member States' shares contributing to that total amount.
   6.   In any year, if the total number of allowances in circulation is less than 400 million, 100 million allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC. Where fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph.
   7.   In any year, if paragraph 6 of this Article is not applicable and measures are adopted under Article 29a of Directive 2003/87/EC, 100 million allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC. Where fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph.
   8.   Where, following the publication of the total number of allowances in circulation, action is taken pursuant to paragraph 5, 6 or 7, the auction calendars shall take account of the allowances placed in the reserve or to be released from the reserve. The allowances shall be placed in the reserve or released from it over a period of 12 months. Where there is a release of allowances pursuant to paragraph 6 or 7, irrespective of the period during which the release takes place, it shall follow the Member States' shares applicable at the time the allowances were placed in the reserve and it shall also follow the order in which the allowances were placed in the reserve.
   Article 2
   Amendments to Directive 2003/87/EC
   Directive 2003/87/EC is amended as follows:

               (1)

               Article 10 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   From 2019 onwards, Member States shall auction all allowances that are not allocated free of charge in accordance with Articles 10a and 10c and are not placed in the market stability reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council (6).

                              (6)  Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L 264, 9.10.2015, p. 1).’;"

                           (b)

                           the following paragraph is inserted after paragraph 1:
                           ‘1a.   Where the volume of allowances to be auctioned by Member States in the last year of each period referred to in Article 13(1) of this Directive exceeds by more than 30 % the expected average auction volume for the first two years of the following period before application of Article 1(5) of Decision (EU) 2015/1814, two thirds of the difference between the volumes shall be deducted from the auction volumes in the last year of the period and added in equal instalments to the volumes to be auctioned by Member States in the first two years of the following period.’.

               (2)

               In Article 13(2), the second subparagraph is replaced by the following:
               ‘Member States shall issue allowances to persons for the current period to replace any allowances held by them which are cancelled in accordance with the first subparagraph. Similarly, allowances held in the market stability reserve and which are no longer valid shall be replaced by allowances which are valid for the current period.’.

         Article 3
   Review
   The Commission shall monitor the functioning of the reserve in the context of the report provided for in Article 10(5) of Directive 2003/87/EC. That report should consider relevant effects on competitiveness, in particular in the industrial sector, including in relation to GDP, employment and investment indicators. Within three years of the start of the operation of the reserve and at five-year intervals thereafter, the Commission shall, on the basis of an analysis of the orderly functioning of the European carbon market, review the reserve and submit a proposal, where appropriate, to the European Parliament and to the Council. Each review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed in the reserve pursuant to Article 1(5) of this Decision, as well as the numerical value of the threshold for the total number of allowances in circulation and the number of allowances to be released from the reserve pursuant to Article 1(6) or (7) of this Decision. In its review, the Commission shall also look into the impact of the reserve on growth, jobs, the Union's industrial competitiveness and on the risk of carbon leakage.
   Article 4
   Transitional provision
   Article 10(1) of Directive 2003/87/EC as amended by Directive 2009/29/EC of the European Parliament and of the Council (7) shall continue to apply until 31 December 2018.
   Article 5
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Strasbourg, 6 October 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         N. SCHMIT

      (1)  OJ C 424, 26.11.2014, p. 46.

      (2)  Position of the European Parliament of 8 July 2015 (not yet published in the Official Journal) and decision of the Council of 18 September 2015.

      (3)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

      (4)  Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community (OJ L 302, 18.11.2010, p. 1).

      (5)  Commission Regulation (EU) No 176/2014 of 25 February 2014 amending Regulation (EU) No 1031/2010 in particular to determine the volumes of greenhouse gas emission allowances to be auctioned in 2013-20 (OJ L 56, 26.2.2014, p. 11).

      (7)  Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63).


title: Commission Decision (EU) 2016/547 of 7 April 2016 approving, on behalf of the European Union, an amendment to the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

text:
               8.4.2016

               EN

               Official Journal of the European Union

               L 94/14

         COMMISSION DECISION (EU) 2016/547
   of 7 April 2016
   approving, on behalf of the European Union, an amendment to the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2013/785/EU of 16 December 2013 on the conclusion, on behalf of the European Union, of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (1), and in particular Article 3 thereof,
   Whereas:

               (1)

               Article 10 of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (2), hereinafter referred to as ‘the Agreement’, approved by Council Regulation (EC) No 764/2006 (3), establishes a Joint Committee responsible for monitoring the application of the Agreement and, in particular, for overseeing the implementation, interpretation and smooth operation thereof. Article 5 of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, hereinafter referred to as ‘the Protocol’, approved by Decision 2013/785/EU, authorises the Joint Committee to adopt amendments to the Protocol.

               (2)

               The Joint Committee was to meet in Brussels from 14 to 16 October 2015 to adopt amendments to certain technical measures required for the implementation of the Protocol, i.e. the allocation of the number and tonnage of longliners authorised in the ‘Demersal fishing’ category, since it was found that this subcategory was underutilised, and the composition of catches in the ‘Industrial pelagic fishing’ category so as to allow the continuation of fishing activities in this category.

               (3)

               The Commission transmitted to the Council, prior to the relevant Joint Committee meeting, a preparatory document setting out the particulars of the envisaged Union position.

               (4)

               The envisaged Union position was approved by the Council in accordance with point 3 of the Annex to Decision 2013/785/EU.

               (5)

               The measures concerning the allocation of the number and tonnage of longliners were recorded in the minutes of the said Joint Committee meeting, while those concerning the composition of catches in the ‘Industrial pelagic fishing’ category were confirmed by letter No 510/11 of 13 November 2015 from the Moroccan Ministry of Agriculture and Sea Fisheries.

               (6)

               The increase in catch rates for the sardine-sardinella group of species is offset by an equivalent decrease in catch rates for the horse mackerel/mackerel/anchovies group of species, with the by-catch percentage remaining unchanged.

               (7)

               These amendments should be approved on behalf of the European Union.

               (8)

               It is necessary to provide for the retroactive applicability of these measures as from 13 November 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   The amendments to datasheets Nos 4 and 6 of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco, adopted by the Joint Committee established by Article 10 of the said Agreement and resulting from the extract from the minutes and the extract from letter No 510/11 contained in Annexes I and II to this Decision, are hereby approved on behalf of the Union.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply as from 13 November 2015.

      Done at Brussels, 7 April 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 349, 21.12.2013, p. 1.

      (2)  OJ L 141, 29.5.2006, p. 4.

      (3)  Council Regulation (EC) No 764/2006 of 22 May 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (OJ L 141, 29.5.2006, p. 1).

      ANNEX I

         Extract from the minutes of the meeting of 14-16 October 2015 of the Joint Committee, which was established by the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

      After finding that the longliners subcategory was underutilised and after receiving a request from the European Union to revise the authorised tonnage, the Moroccan side proposed a new allocation of the number and tonnage of authorised vessels, in compliance with the overall capacity limit for the category 4 longline segment, as follows: 5 longliners of 150 GT or less and 4 longliners of 200 GT or less. The Moroccan side would continue to analyse this request in the light of the overall limit set while also examining licence applications for vessels with a tonnage exceeding 200 GT.

      ANNEX II

         Extract from letter No 510/11 from the Moroccan Ministry of Agriculture and Sea Fisheries, dated 13 November 2015

      Following the request made at the second Joint Committee on reviewing certain technical methods for exploiting small pelagic species belonging to category 6, held in Brussels from 14 to 16 October 2015, I am pleased to inform you that according to the scientific opinion of the INRH the catch rates for the sardine-sardinella group of species should be 37 % of the allocated quota and maintained at this level in order to avoid overexploitation of the stock.


title: Council Decision of 20 April 2015 appointing to the Governing Board of the European Agency for Safety and Health at Work a member for Slovenia and an alternate member for Sweden

text:
               22.4.2015

               EN

               Official Journal of the European Union

               C 130/2

         COUNCIL DECISION
   of 20 April 2015
   appointing to the Governing Board of the European Agency for Safety and Health at Work a member for Slovenia and an alternate member for Sweden
   (2015/C 130/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
   Having regard to the lists of candidates submitted to the Council by the Governments of the Member States and by the employees' and the employers' organisations,
   Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
   Whereas:

               (1)

               By its Decisions of 2 December 2013 (2), of 12 June 2014 (3), of 18 November 2014 (4) and of 15 December 2014 (5), the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2016.

               (2)

               The employees' organisation European Trade Union Confederation (ETUC) has submitted nominations for two posts to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following shall be appointed member and alternate member of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2016:
   II.   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

               Country

               Member

               Alternate member

               Slovenia

               Ms Lučka BÖHM

               Sweden

               Ms Karin FRISTEDT

         Article 2
   The Council shall appoint the members and alternate members who have not yet been nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 20 April 2015.

            For the Council

            The President

         Jānis DŪKLAVS

      (1)  OJ L 216, 20.8.1994, p. 1.

      (2)  Council Decision of 2 December 2013 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work (OJ C 360, 10.12.2013, p. 8).

      (3)  Council Decision of 12 June 2014 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Lithuania and Malta (OJ C 182, 14.6.2014, p. 14); Council Decision of 12 June 2014 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for France (OJ C 186, 18.6.2014, p. 5).

      (4)  Council Decision of 18 November 2014 appointing a member and an alternate member of the Governing Board of the European Agency for Safety and Health at Work for Latvia (OJ C 420, 22.11.2014, p. 6).

      (5)  Council Decision of 15 December 2014 appointing a member of the Governing Board of the European Agency for Safety and Health at Work for Germany (OJ C 453, 17.12.2014, p. 2).