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REPORT (2024/2008(ACI))

On the conclusion of an Agreement between the European Parliament, the Council, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European Economic and Social Committee and the European Committee of the Regions, establishing an Interinstitutional Body for Ethical Standards for Members of Institutions and advisory bodies mentioned in Article 13 of the Treaty on European Union

A-9-2024-0181

Committee on Constitutional Affairs · Rapporteur: Rapporteur: Daniel Freund

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Parliament approves the Agreement establishing an Interinstitutional Body for Ethical Standards for Members of EU institutions and advisory bodies, with the aim of developing common ethical standards and examining individual cases. It regrets that the European Council did not join and that the Council refused to extend scope to its Presidency representatives, and commits to addressing this in the first review. It calls for transparency in publishing recommendations and reports, and for independent experts to have access to documents and autonomy in their work.

Committee position. The Committee on Constitutional Affairs proposes that Parliament approve the conclusion of the Agreement, while reiterating its commitment to a more independent ethics body and expressing regrets about limitations.

Key points

  1. Approves the conclusion of the Agreement establishing an Interinstitutional Body for Ethical Standards.
  2. Welcomes the Agreement for enabling common ethical standards, best practices, and examination of individual cases by independent experts at the request of a party.
  3. Underlines that final decision-making power remains with institutions; consultations on individual cases begin with a request from a party; Commissioners-designate declarations should as a rule be examined.
  4. Reiterates commitment to an independent ethics body with own-initiative investigations and sanction recommendations, covering members before, during, and after service and staff.
  5. Regrets the European Council's decision not to join the Agreement.
  6. Regrets the Council's unwillingness to extend scope to its Presidency representatives; commits to using the first review to address the legal gap and calls on upcoming Presidencies to apply provisions voluntarily.
  7. Takes the view that resources must enable proper functioning of the body and independent experts; regrets that costs of consultations are covered by the requesting party.
  8. Opines that independent experts should have professional experience in ethics, integrity, and transparency, in addition to requirements in Article 5(2).
  9. Believes each party should send a small random sample of cases to independent experts for developing ethical standards.
  10. Believes independent experts should have access to administrative documents of participating parties and be able to exchange information with national authorities under confidentiality.
  11. Calls for the body to publish all recommendations, annual reports, decisions, and spending in machine-readable open data format, with common guidance for consultations and publication.
  12. Recalls that the body should be able to investigate on its own initiative alleged breaches by officials and staff, and conduct on-the-spot and records-based investigations.

Who is affected

  • Members of the European Parliament, Council, Commission, Court of Justice, European Central Bank, Court of Auditors, and advisory bodies.
  • Commissioners-designate: their declarations of financial interests should as a rule be examined by independent experts.
  • Council Presidencies: called upon to voluntarily apply the Agreement's provisions.
  • Independent experts: appointed by consensus, with professional experience, autonomy in organizing work, and access to documents.

Figures and deadlines

  • Three years after entry into force: review of the Agreement.

Legal basis: Article 13 of the Treaty on European Union and Article 232 of the Treaty on the Functioning of the European Union.