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DRAFT 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

AFCO-PR-759998

Committee on Constitutional Affairs · Rapporteur: Rapporteur: Daniel Freund

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The draft report approves the conclusion of an Agreement establishing an Interinstitutional Body for Ethical Standards for Members of EU institutions and advisory bodies. It welcomes the Agreement but regrets that the European Council and the Council's ministerial representatives are not covered. It stresses that final decision-making power on implementation remains with the institutions, and that independent experts should have autonomy and their recommendations should be made public.

Committee position. The rapporteur proposes that Parliament approve the conclusion of the Agreement, while expressing regrets and making recommendations for its implementation and future review.

Key points

  1. Approves the conclusion of the Agreement establishing an Interinstitutional Body for Ethical Standards for Members of institutions and advisory bodies listed in Article 13 of the Treaty on European Union.
  2. Welcomes the Agreement for allowing strong common ethical standards and examination of individual cases by independent experts at the request of a party regarding declarations of their Members.
  3. Underlines that final decision-making power on implementation remains with the relevant authorities of the institutions or bodies; consultations begin with a request from a party as regards its own members.
  4. Regrets that the European Council decided not to join the Agreement.
  5. Regrets the Council's unwillingness to extend the scope to ministerial representatives of the Presidency, arguing no legal basis; believes Members of the Council could be bound by its self-organisation rules, and commits to seeking legal clarification.
  6. Considers that independent experts should have professional experience in ethics, integrity, and transparency, in addition to requirements in Article 5(2) of the Agreement.
  7. Emphasises the essential role of independent experts in examining individual cases; suggests each party send a small random sample of cases to develop or update ethical standards.
  8. Notes that independent experts shall designate a speaker and should have full autonomy in organising their work and convening meetings.
  9. Believes reasoned recommendations of independent experts should be made public, along with the decision of the competent authority, which should explain if recommendations are not fully followed.
  10. Remains committed to engaging in the review of the Agreement three years after its entry into force to improve the ethics body, as provided in Article 21.

Who is affected

  • Members of the European Parliament, Council, Commission, Court of Justice, European Central Bank, Court of Auditors, and advisory bodies are subject to the new ethical standards.
  • The European Council is not covered by the Agreement, as it decided not to join.
  • Representatives of member states in the Council are not covered, to the regret of Parliament.

Figures and deadlines

  • Three years after entry into force, a review of the Agreement is to be conducted.

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