From the date on which they take up their duties until the last day of the month in which those duties cease, Members of Parliament (‘Members’) shall be entitled to the salary provided for in Article 10 of the Statute for Members of the European Parliament (‘the Statute’).
資料由法律人 LawPlayer整理提供·EU law / curated by LawPlayer from EUR-Lex
Decision of the Bureau of 11 September 2023 concerning the Implementing Measures for the Statute for Members of the European Parliament and repealing the Decision of the Bureau of 19 May and 9 July 2008
1. The salary received by a Member for exercising a mandate in another parliament simultaneously with a mandate in Parliament shall be offset against the salary provided for in Article 10 of the Statute.
2. For the purposes of this Article, ‘another parliament’ shall mean any parliament established in a Member State which has legislative powers to which Article 7(2) of the Act concerning the election of the Members of the European Parliament by direct universal suffrage ( 3 ) does not apply.
3. The calculation shall be based on the total amount of each of the two salaries, before the deduction of tax.
4. Members shall state in their declarations of financial interests any mandate held within the meaning of paragraph 1, and any salary received as a result of that mandate.3
1. Pursuant to Article 18 of the Statute, and applying mutatis mutandis the Joint rules on sickness insurance for officials of the European Communities ( 4 ) (the ‘JSIS rules’), and their general implementing provisions ( 5 ) , the following persons shall be entitled to reimbursement of two thirds of the costs that they incur as a result of sickness, pregnancy or the birth of a child:
(a)
Members and former Members in receipt of the transitional allowance provided for in Article 13 of the Statute or of a pension pursuant to Articles 14 and 15 of the Statute in respect of their expenses and the expenses incurred:
(i)
by their spouses or, where the condition laid down in Article 62(2) of these Implementing Measures is fulfilled, by their stable non-marital partners, and
(ii)
by their dependent children as defined in Article 62(3) of these Implementing Measures, until those children have reached the age of 21 or, if they are in full-time education or professional training, at the latest, 25; or if they are suffering from a serious illness or infirmity which prevents them from meeting their own needs, indefinitely,
provided that, those spouses, stable non-marital partners or dependent children are not eligible for benefits of the same nature and of the same level as Members or former Members by virtue of other legal provisions or regulations;
(b)
persons entitled to a survivor’s pension pursuant to Article 17 of the Statute.
The persons referred to in points (a) and (b) of this paragraph shall be free to choose their practitioners and hospitals or clinics, as set out in Article 19(1) of the JSIS rules.
2. With respect to the persons referred to in points (a) and (b) of paragraph 1 of this Article, when Article 24(2) of the JSIS rules is applicable, the reference to the monthly basic remuneration under Regulation (EEC, Euratom, ECSC) No 259/68 of the Council ( 6 ) (‘Staff Regulations’) means the salary determined pursuant to Article 10 of the Statute.
3. The reimbursements provided for in paragraph 1 of this Article shall be debited from Parliament’s budget. Article 72(3) and (4) of the Staff Regulations and Article 20(6) of the JSIS rules shall apply.
4. Advances within the meaning of Article 30 of the JSIS rules may only be granted in the form of direct billing of hospitalisation expenses. Following application of the reimbursement scale, the part of the expenses to be defrayed by the beneficiaries referred to in paragraph 1 of this Article shall be paid back to Parliament in accordance with the conditions laid down in Article 30(2) and (3) of the JSIS rules.
5. Members and former Members in receipt of the transitional allowance provided for in Article 13 of the Statute or of a pension pursuant to Articles 14 and 15 of the Statute may waive their entitlement to reimbursement of medical expensesprovided for in paragraph 1 of this Article with effect from the first day of the month following the date of submission of the request. Such a waiver shall have retroactive effect from the starting date of the first mandate of the Member concerned if the relevant request is submitted within three months after that starting date, provided that the Member concerned has not applied for any reimbursement of medical expenses in that period.
Where a beneficiary waives his or her entitlement to reimbursement of medical expenses, he or she shall be entitled to reimbursement of two-thirds of the contribution due for health insurance up to a maximum reimbursement of EUR 400 per month.
6. Any Member or former Member who, pursuant to paragraph 5, waives his or her entitlement to reimbursement of medical expenses shall not be entitled to return to the system of entitlement to reimbursement of medical expenses as provided for in paragraph 1 until twelve months have elapsed from the date on which the waiver took effect. Likewise, any subsequent change, whether it concerns a return to the system governing entitlement to reimbursement of medical expenses provided for in paragraph 1 or a waiver of such entitlement, may be made only after a minimum period of twelve months.
Without prejudice to the first subparagraph, effect will be given to subsequent requests for change on the first day of the month following the date of their submission.
7. This Article shall also apply to former Members receiving the transitional allowance referred to in Article 13 of the Statute for the period running from the first day following cessation of their duties to the date of the commencement of their entitlement to the transitional allowance.
8. This Article shall also apply to former Members receiving the old-age pension referred to in Article 52 for the period from the first day following cessation of their duties to the date of the commencement of their entitlement to the pension, provided that they fulfilled the conditions set out in Article 52(1) before the cessation of their duties.
Applications for reimbursement shall be submitted directly to the Settlements Office of the Commission, in accordance with the procedures laid down for that purpose and using standard forms accompanied by supporting documents. Upon request, the relevant service of Parliament shall provide advice for the submission of such applications.
The financing of the reimbursement system and the arrangements for settling expenses shall be governed by a cooperation agreement between Parliament and the Commission on the basis of the provisions of the Statute and of the JSIS rules. On behalf of Parliament, its President shall sign that agreement after consulting the Quaestors.
Notwithstanding Article 76, any dispute in a specific case arising from the interpretation of this Chapter shall be submitted, together with the supporting evidence, within two months after notification of the decision from which the dispute arose, to the Secretary-General, who shall take a decision after obtaining an opinion from the Management Committee of the JSIS and after consulting the Quaestors.
1. Subject to the conditions laid down in the insurance contracts, Members shall be entitled to:
(a)
insurance against accidents which they might suffer during the exercise of their mandate;
(b)
insurance against theft and loss of their personal property and effects during the exercise of their mandate.
2. Two-thirds of the insurance premiums due shall be charged to Parliament’s budget and the remaining third to Members. The contribution of each Member shall be deducted directly from the salary provided for in Article 10 of the Statute.
3. This Article shall apply to all Members from the beginning of their mandate unless they notify the Secretary-General in writing of their express wish to forgo insurance cover. Where applicable, their right to insurance cover shall lapse on the last day of the month in which notification of that wish was given.
1. The accident insurance policy shall provide for cover against accidents to Members anywhere in the world throughout their mandate.
2. The provisions of the accident insurance policy shall provide for:
(a)
in the event of death: payment of a lump sum equal to five times the annual salary provided for in Article 10 of the Statute to the persons listed below:
—
to the spouse or the stable non-marital partner for whom the condition laid down in Article 62(2) is fulfilled, and to the children of the deceased Member in accordance with the law of succession governing the Member's estate; however, the amount to be paid to the spouse or the stable non-marital partner shall not be less than 25 % of the lump sum,
—
where there are no persons of the category referred to in the first indent, to the other descendants in accordance with the law of succession governing the Member's estate,
—
where there are no persons of the categories referred to in the first and second indents, to the ascendants, in accordance with the law of succession governing the Member's estate,
—
where there are no persons of any of the categories referred to in the first, second and third indents, to Parliament;
(b)
in the event of total permanent invalidity: payment to the person concerned of a lump sum equal to eight times the annual salary provided for in Article 10 of the Statute;
(c)
in the event of partial permanent invalidity: payment to the person concerned of a proportion of the amount provided for in point (b) calculated by reference to the scale laid down by the common rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease ( 7 ) (the ‘Common rules’).
3. The Common rules shall apply, mutatis mutandis, to Members, with the exception of those provisions concerning occupational diseases and life annuities and any provision the application of which is inseparable from the status of an official.
The complaints procedure provided for in Article 76 of these Implementing Measures shall apply.
The powers of the appointing authority laid down in the Common rules shall be exercised, in respect of Members, by the President of Parliament.
Recognition of total or partial permanent invalidity pursuant to this Article and the Common rules, shall not in any way preclude the application of Article 15 of the Statute. Likewise, the application of Article 15 of the Statute shall not preclude the recognition of total or partial permanent invalidity pursuant to this Article and the Common rules.
4. In accordance with the conditions laid down in the Common rules, cover shall also extend to medical and pharmaceutical expenses, costs of hospitalisation, surgery, prostheses, radiography, massage and orthopaedics, invoices from clinics, transport costs and any similar expenses necessitated by the accident. However, such reimbursement shall be made only after the exhaustion of, and as a supplement to, those which the person concerned receives pursuant to the provisions on the reimbursement of medical expenses laid down in Article 18 of the Statute.
1. The insurance policy against theft and loss of personal property and effects shall provide for:
(a)
worldwide cover;
(b)
a maximum insured sum of EUR 5 000 per theft or loss;
(c)
an excess of EUR 50 payable by the Member concerned in the event of a successful claim;
(d)
cover for personal effects and property;
(e)
the deduction of a percentage of the value of the effect or property for depreciation when the reimbursement is made.
2. In the event of theft or loss occurring off Parliament’s premises, cover shall be provided only if, at the time of the theft or loss, the Member concerned is travelling as part of a travel financed by Parliament or a political group. In the event of theft occurring on Parliament’s premises, cover shall be provided only if the effects or property stolen were being kept in a safe place.
3. A theft or loss of money which occurs off Parliament’s premises and which is reported to the police shall be covered up to a ceiling of EUR 250 provided that the money lost or stolen forms part of other personal effects lost or stolen. Theft or loss of money on Parliament’s premises shall not be covered.
4. In the event of luggage being lost or mislaid for more than 12 hours by a carrier when a Member is travelling as part of a travel financed by Parliament or a political group to a destination other than his or her place of residence, the cost of buying or hiring personal effects or property which the Member has to incur shall be covered up to a ceiling of EUR 500.
5. Any theft or loss of personal effects or property shall be reported by the Member concerned to the police if it occurred off Parliament’s premises. If the theft or loss occurred on Parliament’s premises, it shall be reported to the service of Parliament responsible for security.
6. Thefts and losses shall be reported to the Secretary-General within eight days. The report form shall be accompanied by an invoice for the lost or stolen object or, failing that, for a replacement item if the value exceeds EUR 700.
7. The insurance shall not cover thefts and losses covered by a private insurance policy held by the Member.
1. Members shall be entitled to reimbursement of expenses actually incurred in undertaking:
(a)
journeys to and from Parliament’s places of work or the venues for meetings of one of its official bodies, as defined in paragraph 3 (‘ordinary travel expenses’);
(b)
journeys undertaken in the performance of their duties outside the Member State in which they were elected, in accordance with Article 22 (‘additional travel expenses’);
(c)
journeys undertaken in the Member State in which they were elected, in accordance with Article 23.
2. The following shall also be considered to be ordinary travel expenses:
(a)
travel expenses incurred by Members in undertaking any specific mission authorised by the President, the Bureau or the Conference of Presidents.
(b)
travel expenses incurred by the Chairs of committees or sub-committees in attending Council meetings.
3. ‘Official Parliament bodies’ shall mean ‘Parliament bodies’, as defined in Title I, Chapter 3, of Parliament’s Rules of Procedure, along with the parliamentary committees, the interparliamentary delegations and other delegations constituted on the basis of those Rules of Procedure, and the political groups and the other bodies authorised by the Bureau or by the Conference of Presidents.
Travel expenses shall be reimbursed on the basis of the attestation of attendance referred to in Article 12 and upon presentation of the relevant travel documents, and, where appropriate, other supporting documents as set out in Article 14.
1. A Member’s attendance shall be attested by his or her signature of the central attendance register which shall be available to Members for this purpose during the opening hours laid down by the Bureau. Alternatively, a Member’s attendance shall be attested by his or her signature in the record of attendance available directly in the relevant Chamber or meeting room of an official Parliament body. An electronic attestation of a Member’s attendance may be used instead of his or her signature.
2. By way of exception, attendance may be attested by other documents proving that the Member was present at the meeting venue during normal meeting hours. This option may be used on no more than five occasions per calendar year.
3. Declarations by the Member or another person shall not be regarded as proof of attendance within the meaning of paragraphs 1 and 2 of this Article. However, in the cases referred to in Article 10(1), points (b) and (c), and (2), attendance shall be attested by the Member’s declaration.
1. Applications for reimbursement of travel expenses must be accompanied by supporting documents indicating the price paid, the route taken and the class, date and time of travel, and, in particular:
(a)
in the event of travel by air: tickets bearing the Member’s name and all boarding cards or the electronic proof of the use of such tickets;
(b)
in the event of travel by rail or boat: all the tickets.
2. By way of derogation from paragraph 1, in the event of travel by car, Members shall submit a declaration indicating the registration number of the car used to make the journey and, for car journeys in the Member State of election, the distance travelled and the places of departure and arrival.
Members shall provide evidence either that they are the owner of the car used for that journey or bear the costs related to it, or that they actually incurred the costs resulting from its use to make that journey. For the purposes of this subparagraph, Members are presumed to bear the costs related to cars owned by their spouses, stable non-marital partners or children.
Where the length of the journey exceeds 480 km, the declaration shall be accompanied by supporting documents which make it possible to determine the route taken as well as the date on which the journey was made.
The supporting documents shall include at least one receipt relating to a transaction made during the journey and situated more than 100 km from the places of departure or arrival (e.g. a fuel or meal purchase receipt, motorway toll slip, etc.).
Supporting documents enabling the date of the journey to be ascertained must always be submitted in the case of journeys between Brussels and Strasbourg.
3. The cost of season tickets or a card entitling a named individual to a reduced fare for the journeys made may be reimbursed in the form of an advance. That advance shall be regularised at the end of the validity of the season ticket or card.
4. A Member who purchases tickets from Parliament’s travel agency may, on his or her sole responsibility, and after signing an acknowledgement of receipt, ask the relevant service of the Parliament to reimburse the cost directly to that travel agency. In such cases, the relevant service of the Parliament may retrieve the supporting documents listed under paragraph 1 from the reservation system of that travel agency.
Applications for reimbursement of travel expenses must be accompanied by the following supporting documents:
(a)
in the cases referred to in Article 10(1), point (b): an invitation to or a programme for the event attended by the Member or other supporting documents proving that the journey was undertaken in the exercise of the Member’s mandate or, in the case referred to in Article 22(3), a declaration by the Member that the journey was undertaken in the exercise of his or her mandate;
(b)
in the cases referred to in Article 10(1), point (c): a declaration by the Member stating the purpose of the journey undertaken in the exercise of his or her mandate;
(c)
in the cases referred to in Article 10(2), point (a): as appropriate, an authorisation from the President, the Bureau or the Conference of Presidents;
(d)
in the cases referred to in Article 10(2), point (b): an invitation from the Council.
1. Travel expenses shall be reimbursed on the basis of the expenses actually incurred, up to a maximum of:
(a)
in the event of travel by air: the business class tariff up to a maximum equivalent to the public D-class tariff;
(b)
in the event of travel by rail or boat: the first-class fare.
2. In the event of travel by car, travel expenses shall be reimbursed on the basis of the expenses actually incurred and in accordance with the following rules:
(a)
for a single outward or inward journey, up to a maximum of 720 km;
(b)
for all car journeys within the Member State of election up to the yearly maximum set out in Article 23(1), point (b);
(c)
for all car journeys made pursuant to Articles 10(1), points (a) and (c), and 10(2) within the Member State of election, up to a maximum of 60 000 km per calendar year;
(d)
until the maximum reimbursement limits in points (a), (b) and (c) of this paragraph are reached, the reimbursement ceiling shall be EUR 0,58/km;
(e)
where, in order to complete a car journey, it is necessary to cross a body of water, the costs of the car ferry or other means of transport used are reimbursable.
1. In order to be eligible for reimbursement, the journeys referred to in Article 10(1), point (a), must have been undertaken for the purpose of official activities taking place on days set aside for them in Parliament’s official calendar of business.
Members may also undertake the journeys referred to in Article 10(1), point (a), during weeks set aside for external parliamentary activities.
2. The journeys referred to in Article 10(2) must be undertaken on the days fixed by the body empowered to authorise travel.
1. Reimbursement of the travel expenses incurred in making a journey to or from one of Parliament’s places of work or a meeting venue shall be calculated on the basis of the most direct route between the Member’s point of departure or arrival, and the place of work or meeting venue.
2. ‘Place of residence’ shall mean the place, situated on the territory of the Union, where the Member ordinarily resides (i.e. actually lives on a consistent basis) when not absent in the performance of his or her parliamentary duties. The Member shall inform the relevant service of Parliament of that place of residence.
3. The most direct route shall be determined by taking into account:
(a)
for journeys by air: the closest airport to the Member’s point of departure which can issue an air ticket at the tariff referred to in Article 15(1) and the distance between that airport and the destination;
(b)
for journeys by rail: the station closest to the Member’s point of departure and the distance between that station and the destination;
(c)
for journeys by car or boat: the distance between the Member’s point of departure and the destination.
4. When a Member takes up his or her duties or changes his or her place of residence, he or she shall be informed of the airport, station and the most direct (i.e. the shortest) routes which will be used for the purpose of applying these Implementing Measures.
5. At any time the Member may propose to the relevant Parliament service, in writing, stating his or her reasons, a different route offering a substantial gain in terms of time or convenience and not involving additional costs of more than 20 %. If that route is accepted, it shall replace the most direct route as determined in accordance with paragraph 3.
If the route is not accepted or the route proposed by the Member has the effect of increasing the cost of the journey by more than 20 %, the matter shall be referred to the Secretary-General, who may consult the Quaestors before taking a decision.
6. In order for a Member’s journey to or from one of Parliament’s places of work or to or from an official meeting venue to be reimbursed under this subsection, any break in the journey shall not exceed one overnight stay. If the break exceeds one overnight stay, travel expenses shall be reimbursed from the last place of departure.
Where that break takes place in Brussels or Strasbourg, travel expenses shall be reimbursed from those places if the break exceeds three overnight stays.
7. If the point of departure or arrival does not correspond to the Member’s place of residence and is located either outside the Member State in which he or she was elected or in an outermost region of the European Union, the travel expenses set out in Article 15 shall be reimbursed on the basis of the most direct route between the point of departure and arrival, up to a maximum of the travel expenses which the Member would have incurred in making the journey to or from that place of residence by the most direct (i.e. the shortest) route.
Reimbursement under this paragraph shall only apply to travel within the Union.
8. In the case of journeys undertaken between two places of work, between two meeting venues or between a place of work and a meeting venue, paragraphs 3 and 7 shall apply mutatis mutandis .
9. The tariffs used for the purposes of these Implementing Measures shall be updated periodically and at least twice a year.
1. Members shall be entitled to reimbursement of the expenses incurred in making one return journey (‘main journey’) per Parliament working week between their place of residence or another point of departure in the Member State in which they were elected, with the exception of the outermost regions, and one of Parliament’s places of work or a meeting venue.
2. Except during weeks set aside in Parliament’s official calendar of business for activities away from its places of work, Members shall also be entitled to reimbursement of the expenses incurred in making one return journey (‘intermediate journey’) in the middle of a Parliament working week between one of Parliament’s places of work or a meeting venue and their place of residence or another place in the Member State in which they were elected.
3. The entitlement to reimbursement of expenses incurred in making intermediate journeys shall be independent of the entitlement to reimbursement of the travel expenses incurred in making journeys within the Member State in which a Member was elected, as referred to in Article 10(1), point (c).
4. Members shall not be entitled to any reimbursement in respect of journeys undertaken using transport made available by Parliament.
5. Members who were unable to use an official car shall be entitled, on presentation of supporting documents, to reimbursement of taxi fares incurred in making journeys between the airport or station of arrival or departure and Parliament’s place of work or a meeting venue, in accordance with the Bureau Decision of 30 November 2011 on the rules governing transport arrangements for Members in the European Parliament’s places of work.
1. In respect of journeys within the Union, Members shall be entitled to distance and duration allowances intended to cover all travel-related expenses. That entitlement shall apply only to the main journey within the meaning of Article 18(1).
2. No entitlement to the distance and duration allowances shall arise in respect of the journeys referred to in Article 10(1), points (b) and (c), or in the cases referred to in Article 18(4). A break in a journey of the kind referred to in Article 17(6) or of any other kind shall not create any additional entitlement to a duration or distance allowance.
3. For travel between the Member’s place of residence and Parliament’s places of work, the ceilings for the distance and duration allowances shall be set at the beginning of the Member’s term of office for the duration thereof, and shall be reviewed only in the event of a change of place of residence.
Where the point of departure or arrival does not correspond to the Member’s place of residence, the ceilings for the distance and duration allowances shall be set for each journey individually up to a maximum of the allowances which the Member would have received in making the journey to or from his or her place of residence.
4. For travel to and from other venues for meetings within the meaning of Article 10(1), point (a), and (2), the ceilings for the distance and duration allowances shall be set for each journey individually up to a maximum of the allowances which the Member would have received in making the journey to or from his or her place of residence.
5. A Member may choose to receive all or part of the amount of the distance and duration allowances.
6. Members are invited to use the bonus miles, points or other fidelity benefits collected by them as part of a travel financed by the budget of Parliament, for future travel undertaken in the exercise of their mandate.
1. The ceilings for the distance allowance shall be determined as follows:
(a)
for the part of the journey between 0 and 50 km: EUR 25,91;
(b)
for the part of the journey between 51 and 250 km: EUR 0,15/km;
(c)
for the part of the journey between 251 and 1 000 km: EUR 0,07/km; and
(d)
for the part of the journey in excess of 1 000 km: EUR 0,03/km.
2. The amounts shall be calculated on the basis of the shortest outward or return route between the town centre of the Member’s place of residence and the arrival infrastructure of the meeting venue. In the event of travel by car, the reimbursement ceiling for a single outward or inward journey set in Article 15(2), shall apply to the calculation of the distance allowance.
If the calculation basis for a train journey is unknown or hard to ascertain, the calculation basis for a car journey shall be used.
1. The duration allowance shall be calculated as follows:
(a)
for a journey with a total duration of between two and four hours: an amount equivalent to one-eighth of the allowance provided for in Article 24;
(b)
for a journey with a total duration of between four and six hours: an amount equivalent to one-quarter of the allowance provided for in Article 24;
(c)
for a journey with a total duration of more than six hours involving no overnight stay: an amount equivalent to half the allowance provided for in Article 24; and
(d)
for a journey with a total duration of more than six hours and necessarily involving, for duly substantiated reasons, an overnight stay: an amount equivalent to a full allowance as provided for in Article 24, subject to presentation of supporting documents.
2. The total duration of a journey shall be calculated as follows:
(a)
for journeys by air, rail or boat:
—
duration of the journey between the Member’s place of residence and the airport or station, made at a speed of 60 km/h;
—
duration of the journey by air, rail or boat on the basis of the timetable;
—
one hour at embarkation or, at the departure of the train or boat, 30 minutes at disembarkation or on arrival; and
—
30 minutes for the transfer between the airport or station and Parliament’s buildings in Brussels, Luxembourg and Strasbourg (Entzheim).
The Bureau shall determine the duration of journeys to Strasbourg via other airports on the basis of the availability of means of transport ( 8 ) ;
(b)
for journeys by car: duration of the journey between the Member’s place of residence and the place of work or meeting venue, made at a speed of 80 km/h and for a maximum of 9 hours per single outward or inward journey.
1. The maximum annual amount which may be reimbursed in respect of travel expenses incurred in the cases referred to in Article 10(1), point (b), shall be EUR 5 500.
2. Subject to the maximum annual amount set out in paragraph 1, and on presentation of the relevant original bill or invoice, Members may also apply for reimbursement of taxi fares, car rental costs, hotel bills and other related expenses incurred by them during the period of exercise of their official activities. This entitlement shall also cover the day before the start and the day after the end of the period of official activities.
3. Where a Member travels to one of Parliament’s places of work during a week in which no official Parliament activities are taking place, reimbursement of additional travel expenses shall be limited to travel costs, including taxi fares within the limits laid down in the Bureau Decision of 30 November 2011 on the rules governing transport arrangements for Members in the European Parliament’s places of work, and hotel costs.
4. Requests for reimbursement for journeys undertaken in order to participate in an activity at the invitation of a Member or a European Parliament political group shall also be accompanied by other supporting documents proving that the journey was undertaken in the exercise of the Member’s mandate.
5. Members may combine ordinary travel with additional travel.
The inbound and outbound legs of the combined journey shall be reimbursed in accordance with Article 10(1), point (a), up to a maximum of the expenses which the Member would have incurred in making the journey to or from his or her place of residence by the most direct (i.e. the shortest) route. Any additional costs incurred shall be charged to the Member’s additional travel allowance in accordance with paragraph 1 of this Article.
6. Members may combine additional travel with subsidiary non-official activities provided that this does not increase the amount of travel and subsistence expenses to be reimbursed.
7. The activities for which additional travel is undertaken may not give rise to another form of public or private reimbursement of the expenses incurred.
8. The maximum annual amount which may be reimbursed in respect of the travel expenses actually incurred by committee or subcommittee chairs in travelling to attend a conference or event which deals with a matter of European interest falling within the sphere of responsibility of their committee or subcommittee and which has a parliamentary dimension shall be EUR 4 886. Such participation shall require prior authorisation from the President of Parliament, following verification that appropriations up to the maximum amount indicated above are available.
A committee or subcommittee chair may authorise in writing one of his or her vice-chairs, or, if that is not possible, a member of his or her committee or subcommittee, to represent him or her at such a conference or event.
Those expenses shall be subject to the same conditions governing reimbursement as those which apply to additional travel expenses.
1. The entitlement to the reimbursement of travel expenses incurred in the Member State in which a Member was elected, as referred to in Article 10(1), point (c), may not exceed, per calendar year:
(a)
24 (return) journeys by air, rail or boat;
Members may not be reimbursed for more than two journeys to the outermost regions that are part of their Member State of election, unless they have their place of residence there, as defined in Article 17(2);
Members may not be reimbursed for more than two journeys to the overseas countries and territories associated to the Union that have special relations with their Member State of election;
(b)
as regards journeys by car, a distance not exceeding:
—
26 000 km for Members elected in Germany, Spain, France, Italy, Poland, Romania, Finland and Sweden;
—
20 000 km for Members elected in Bulgaria, the Czech Republic, Ireland, Greece, Hungary, Austria, Portugal and Slovakia;
—
14 000 km for Members elected in Belgium, Denmark, Estonia, Croatia, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands and Slovenia.
2. On written request, any Member who has exhausted his or her air, rail or boat journey allowance under paragraph 1, point (a), may convert his or her car journey allowance under paragraph 1, point (b), into an allowance for air, rail or boat journeys at the rate of a one-way air, rail or boat journey for the equivalent of 2 % of the maximum number of kilometres allowed for the Member State of election of the Member concerned.
3. Parking charges and travel expenses incurred within an urban area for using public transport (including taxis) shall be reimbursed on the basis of the usual supporting documents for the means of transport used. The amount reimbursed for taxis shall be divided by the amount per km payable for car journeys, and the result deducted from the number of kilometres referred to in paragraph 1, point (b).
4. Where a Member whose place of residence, as defined in Article 17(2), is in a Member State other than that in which he or she was elected travels between that place of residence and his or her Member State of election in the exercise of his or her mandate, the journeys made shall be considered to be journeys within the Member State of election for the purposes of paragraph 1, points (a) and (b) of this Article.
1. Members shall be entitled to a subsistence allowance for each day’s attendance:
(a)
in a place of work or at a meeting venue, when their attendance is duly attested in accordance with Article 12 and with the exception of attendances involving travel covered by the provisions governing reimbursement of additional travel and travel in the Member State of election;
(b)
at a meeting of a committee or another body of a national parliament, held away from the Member’s place of residence, on presentation of an official invitation as well as the official minutes of the meeting attended mentioning the Member as present and the duration of the meeting.
During weeks set aside for external parliamentary activities, Members shall be entitled to receive a subsistence allowance for a maximum of three days, except where a allowance is payable pursuant to points (a) and (b) of this paragraph and in the specific circumstances decided by the Bureau on 19 October 2009.
2. If the attendance referred to in paragraph 1 takes place on the territory of the Union, a Member shall receive a lump-sum allowance of EUR 350.
3. If the attendance referred to in paragraph 1 takes place outside the territory of the Union, a Member shall receive:
(a)
a lump-sum allowance equal to half the amount provided for in paragraph 2 for the period between the departure time of the last convenient flight before the beginning of the meeting and the arrival time of the first convenient flight after the meeting, or between the departure time and the arrival time of any special aircraft chartered by Parliament, as appropriate; for the purposes of that calculation, periods of more than 12 hours shall count as a full day and periods of more than six, but fewer than 12 hours, shall count as a half day;
(b)
on presentation of the original bill, reimbursement of reasonable accommodation expenses incurred at the meeting venue;
(c)
on presentation of supporting documents, reimbursement of visa costs and related expenses;
(d)
in duly substantiated exceptional circumstances, reimbursement of reasonable subsistence expenses incurred during the journey itself.
4. In the event of main journeys undertaken on the same day, the subsistence allowance shall be reduced by half if the duration of the Member’s stay at the place of work is less than six hours.
1. A Member who, in the course of travel financed by Parliament or a political group, falls seriously ill or is the victim of an accident or of unforeseen circumstances that prevent the journey from proceeding smoothly shall be entitled to the assistance of Parliament. That assistance shall include the organisation of repatriation and the assumption of responsibility for payment of any associated costs. The Member, or, where appropriate, his or her representative, may request repatriation to one of Parliament’s places of work or to his or her place of residence.
2. In the event of the death of a Member during travel financed by Parliament or a political group, the expenses incurred in transporting the deceased back to his or her place of residence shall also be reimbursed.
3. Parliament shall discharge its assistance obligations by means of an insurance policy. The rights of Members referred to in paragraphs 1 and 2 shall be exercised in accordance with the conditions laid down in the policy.
4. The insurance policy shall cover inter alia the cost of providing the following assistance:
—
assistance in the event of serious illness, accident or death of a Member,
—
assistance and early return in the event of natural disaster, major disturbances of public order or serious illness, accident or death of a relative of the Member,
—
logistical and administrative assistance in the event of loss or theft of documents,
—
assistance in the event of legal action taken out against the Member,
—
supplementary life and invalidity insurance (outstanding balance).
The Quaestors may, on a proposal from the Secretary-General and after consulting Parliament’s Medical Service, authorise the defrayal by Parliament of certain expenditure required to provide Members with a disability with the assistance they need to perform their duties. The percentage of disability and the necessity and suitability of the assistance proposed shall be subject to periodic analysis and confirmation by Parliament’s Medical Service. The authorisation given by the Quaestors shall lay down the arrangements for providing assistance and the period during which it is to be provided.
The subsistence allowance provided for in Article 24 shall be reduced by 50 % for each day on which a Member has been absent for more than half of the roll-call votes taken on any day of a part-session, excluding the roll-call votes relating to the adoption of Parliament’s agenda. For the purposes of this Article, if half of the total number of roll-call votes taken is not a whole number, it shall be rounded down to the next whole number.
1. Members who, under Rule 175 of Parliament’s Rules of Procedure, have been excluded from the Chamber shall forfeit, for the duration of their exclusion, their entitlement to the subsistence allowance provided for in Article 24 of these Implementing Measures.
2. Members shall forfeit their entitlement to the subsistence allowance provided for in Article 24 of these Implementing Measures where the President of Parliament so decides under Rule 176 of Parliament’s Rules of Procedure.
1. Members shall be entitled to assistance from personal staff whom they may freely choose. Parliament shall defray expenses actually incurred and arising wholly and exclusively from the employment of one or more assistants or from the use of service providers in accordance with these Implementing Measures and the conditions laid down by the Bureau.
2. Only expenses for assistance which is necessary and directly linked to the exercise of a Member’s parliamentary mandate shall be defrayed. Expenses linked to a Member’s private life shall on no account be defrayed.
3. Expenses shall be defrayable for the duration of a Member’s term of office. Expenses can only be defrayed if they have not been incurred earlier than:
(a)
where submission of the contract or modification from which the expenses originate is required, thirty days before the application for registration of new contracts or contract modifications, or
(b)
in all other cases, ninety days before the application for defrayal is submitted in accordance with this Chapter.
4. The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 30 shall be EUR 28 696 with effect from 1 July 2023.
5. Where a Member’s term of office does not begin on the first day of a month or does not end on the last day of a month, the parliamentary assistance expenses defrayable for that month shall be calculated on a pro rata basis.
6. Any unused balance of the monthly amount provided for in paragraph 4 which has accumulated at the end of the financial year shall be carried over to the next financial year, up to a maximum of the monthly amount referred to in that paragraph.
1. Members may make use of:
(a)
‘accredited parliamentary assistants’: natural persons referred to in Article 5a of the Conditions of employment of other servants of the European Union, residing in their place of employment in accordance with Article 20 of the Staff Regulations in order to provide direct assistance to Members in the premises of the European Parliament at one of its three places of work, and
(b)
‘local assistants’: natural persons who assist Members in their Member State of election and who have concluded an employment or service contract with them in accordance with the applicable national law and with the conditions laid down in this Chapter.
2. Two or more Members may form a grouping in order to jointly employ or use the services of one or more assistants, as referred to in paragraph 1, or of one or more trainees, provided that they do so in writing and using the standard agreement approved by the competent authorising officer. In such cases, the Members concerned shall designate from amongst their number the Member or Members authorised to sign the contracts, or to submit a request for recruitment, on behalf of the grouping. The name given to the grouping shall not contain any references to a political party, foundation or movement.
Members shall submit a written declaration to the relevant service of Parliament laying down the respective shares to be deducted from the amount provided for in Article 29(4). The maximum share of any Member in a grouping may not exceed 80 %.
For the purposes of calculating the number of contracts per Member, each assistant or trainee recruited for a grouping of Members shall be assigned to one of the participating Members designated by the responsible Member.
3. Articles 32 to 40 shall not apply to accredited parliamentary assistants.
4. Expenses incurred in connection with traineeship agreements, established on the basis of the conditions laid down by the Bureau, may also be defrayed.
5. Members may also make use of natural persons established or legal persons incorporated in a Member State who provide them with specialised and clearly identified services, with whom they have concluded a service contract in accordance with the applicable national law and with the conditions laid down in this Chapter. Those service providers must have adequate qualifications or experience in delivering the services at stake.
Legal persons providing services costing more than EUR 60 000 including VAT, must have been incorporated in a Member State and must have been active in the relevant field for at least one year on the date of commencement of the contract concluded with the Member.
Except in the case of services provided by local assistants pursuant to paragraph 1, point (b), where the cost of services exceeds a threshold of EUR 60 000 including VAT, the service provider shall be selected through a procurement procedure. That threshold shall apply on a cumulative basis in the event of contracts for similar services from the same provider. The procurement procedure shall involve a minimum of five completely independent candidates. A decision on the award of the contract may only be taken if at least three valid tenders have been submitted. The contract shall be awarded to the tenderer offering the best price-quality ratio.
6. The services provided may not include the provision of staff, except in the case of temporary services by service providers who provide staff on a professional and regular basis and are authorised to do so under national law.
Services provided pursuant to paragraph 1, point (b), shall not be subcontracted. Services provided pursuant to paragraph 5 shall only be subcontracted for duly justified reasons, after the relevant service of Parliament has been informed, and, in any event, only in respect of a maximum of 20 % of the total value of the contract concerned.
7. The Bureau shall adopt a list of expenses which may be defrayed for the purpose of parliamentary assistance ( 9 ) .
8. The names of assistants and trainees as well as the names or corporate names of service providers and of paying agents shall, for the duration of their contract, be published on the website of the Parliament, together with the name of the Member or Members they assist.
Assistants, trainees, service providers and paying agents and the Member concerned may, on duly justified grounds, such as the protection of their safety or because, although still active, the contract concerned has been suspended or ended, request in writing to the Secretary-General, that their name or corporate name not be published on the website of the Parliament. The Secretary-General shall decide whether to grant such a request. All parties concerned shall be informed of that decision.
9. Regardless of their working time schedules, the number of assistants assigned to a Member at any given time may not exceed, in the case of accredited parliamentary assistants, four, and in the case of local assistants, ten. Exceptionally and for a maximum period of one month, the maximum number of accredited parliamentary assistants may be increased to five where this is necessary in order to facilitate the transition between the employment contracts of two assistants.
Accredited parliamentary assistants recruited to offset the duly justified absence of an accredited parliamentary assistant pursuant to Article 18(6) of the Implementing Measures for Title VII of the Conditions of Employment for Other Servants of the European Union ( 10 ) shall not count towards the maximum number laid down in the first subparagraph of this paragraph.
10. When giving indications in relation to the grading of their accredited parliamentary assistants, Members should take into account their qualifications and experience, the tasks to be given to them, the possibility of career progression and the need to ensure sound financial management.
11. At least 40 % of the amount provided for in Article 29(4) of these Implementing Measures shall be earmarked for meeting costs arising under Title VII of the Conditions of Employment of Other Servants of the European Union. Therefore, all costs in respect of parliamentary assistance expenses other than those arising under Title VII of the Conditions of Employment of Other Servants of the European Union may not together exceed 60 % of the amount provided for in Article 29(4) of these Implementing Measures.
Moreover, the expenses relating to the provision of services referred to in this Article may not exceed 20 % of the amount provided for in Article 29(4).
Those limits shall be calculated for each financial year by aggregating the monthly entitlements provided for in Article 29(4), and adding any unused balance carried over to the following financial year under Article 29(6), on a pro rata basis.
12. Parliament shall defray expenses of natural persons hired by Members as local assistants or for providing specialised services for gross earnings or fees net of VAT up to monthly ceilings. Those ceilings shall be established by the Bureau in accordance with paragraph 13, and may be adapted by the Bureau annually. The applicable ceilings shall be published on the website of the Parliament.
13. The ceilings shall correspond to three and a half times the reference amount. The reference amount shall be one-twelfth of the amount published by Eurostat as being the average gross annual pay of persons in full-time employment in the Member State of election of the Member concerned.
However, the ceilings calculated in this way shall not be less than the basic pay of a grade 6 accredited parliamentary assistant or more than that of a grade 19 accredited parliamentary assistant.
Any bonus shall be defrayed only up to the aforementioned ceilings calculated on an annual basis and limited to one sixth of the gross annual earnings of the assistant.
The ceilings shall be reduced pro rata where the local assistant works part-time or where the local assistant does not work a full month.
14. The gross earnings of a local assistant required principally to perform administrative support and secretarial duties, but also required to perform drafting and advisory duties shall not exceed 60 % of the monthly ceilings established by the Bureau in accordance with paragraph 13.
The gross earnings of a local assistant required principally to perform drafting and advisory duties, but also required to perform administrative support and secretarial duties shall not exceed 70 % of the monthly ceilings established by the Bureau in accordance with paragraph 13, unless the local assistant holds a diploma certifying successful completion of university studies of at least three years’ duration or has professional experience of an equivalent level.
15. The Parliament shall defray the travel expenses actually incurred by local assistants in undertaking, at the request of the Member, occasional duty travel in relation with the performance of their duties. Duty travel related to plenary sessions of Parliament shall be considered occasional.
Such expenses shall be defrayed on presentation of the supporting documents.
The most economical and efficient forms of transport and accommodation shall be selected, subject to their availability and accessibility at the time. Travel by air or train shall be economy class or second class respectively. Accommodation shall be in standard rooms. Taxis shall be used exceptionally and for short distances only, where no public transport is available.
The defrayal shall be limited to the minimum provided for by the applicable national law and, in the case of accommodation expenses, up to the ceilings applicable to officials and other servants of Parliament.
If, following an internal harassment procedure in which both parties have been heard, the President establishes that a Member is guilty of harassing an accredited parliamentary assistant psychologically or sexually, all the Member’s financial obligations under that accredited assistant’s contract, in particular the assistant’s pay, shall, by way of derogation from Article 29, be deducted by Parliament from its defrayal of the parliamentary assistance expenses of that Member and the Member shall not be entitled to the provision of any further services by that assistant.
1. All employment and service contracts, as well as any traineeship agreements in respect of trainees who are based in the Member State of election, concluded by a Member or a grouping of Members, shall be administered by a paying agent established in a Member State.
2. Paying agent services shall be performed by a natural or legal person duly authorised within a Member State to carry out a professional activity dealing with the tax- and social security-related aspects of employment contracts or service contracts under national law.
The natural or legal person providing paying agent services shall not be in one of the exclusion situations referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 ( 11 ) (‘the Financial Regulation’).
Paying agents shall make use of a professional computerised pay-roll system.
3. A Member shall conclude an individual contract with a paying agent of his or her choice who fulfils the conditions referred to in paragraph 2.
Expenses incurred in using paying agent services in accordance with paragraph 1 of this Article shall be covered by the amount provided for in Article 29(4) and shall not be subject to the limit laid down in Article 30(11), second subparagraph in respect of services.
Paying agents’ fees, net of VAT, may not exceed 4 % of the amount provided for in Article 29(4).
Maximum limits on paying agents’ fees shall be reviewed on a cumulative basis by calendar year in proportion to the duration of their contract.
4. The contract between the Member and the paying agent shall be concluded on the basis of a standard contract approved by the competent authorising officer.
Any new version of the standard contract shall be mandatory after it has been communicated to Members. It shall not have any retroactive effects for existing contracts.
The standard contract shall establish, in accordance with this Chapter, the payment arrangements in respect of the contracts referred to in paragraph 1 and the paying agent’s remuneration and liability.
1. The paying agent shall ensure that national and Union law, in particular as regards social security and tax obligations, is properly complied with in respect of the contracts he or she manages.
2. The fees of paying agents shall be paid on submission of the relevant invoices or fee statements.
3. Members shall supply their paying agents with all the documents and information they require in order to ensure the lawfulness and sound management of the contracts for which they are responsible, in particular the documents and information referred to in Article 34(2), Article 35(1), point (a), Article 38, Article 39(1), point (a), and Article 40.
4. Parliament shall pay the paying agent the amounts due under the contracts, including traineeship agreements, for which he or she is responsible, on submission of the requisite supporting documents.
5. In the context of an employment contract or a traineeship agreement, Parliament shall pay advances to the paying agent in relation to expenses incurred in respect of remuneration, social security contributions and taxes.
The regularisation of such advances shall be the responsibility of Members and their paying agents and shall be carried out in accordance with these Implementing Measures and applicable national law.
1. Applications for defrayal of parliamentary assistance expenses pursuant to Article 30(1), point (b), (2), (4) and (5), specifying the beneficiaries and the amounts of the payments to be made shall be submitted to the relevant service of Parliament by the Member or by his or her paying agent, and shall be countersigned by all the Members concerned and by the paying agent. They shall be accompanied by the supporting documents referred to in Article 35 in respect of employment contracts and those referred to in Article 39 in respect of service contracts.
2. Members shall immediately inform their paying agents and the relevant service of Parliament of any change in their contractual relations and the instructions concerning payments, indicating the changes made to the contract.
Paying agents shall immediately, and without waiting for the regularisation of accounts, forward such information and the corresponding supporting documents to the relevant service of Parliament.
Applications for defrayal of expenses for an employment contract shall contain:
(a)
the original employment contract which the Member has concluded with his or her local assistant;
(b)
a detailed job description and the precise address at which duties are to be performed;
(c)
a calculation sheet detailing the salaries, employers’ and employees’ social security contributions and other likely expenses to be paid or defrayed during the calendar year and on termination of the contract and which takes account of the provisions of national law, including those governing minimum wages, and contractual obligations, including any defrayal of mission expenses;
(d)
a certified true copy of a valid identity document of the local assistant;
(e)
proof of the place of usual residence of the local assistant;
(f)
proof of the qualifications and professional experience of the local assistant; and
(g)
a list of all of the following outside activities, whether paid or unpaid, in which the local assistant is involved: professional activities, political office, post-secondary studies, professional development courses longer than one month, traineeships and activities for a political party, foundation, movement or parliamentary political group; that list must be accompanied by:
(i)
a declaration by the assistant confirming that, throughout the duration of his or her contract, he or she will not engage, directly or indirectly, in any activities, even those not entitling him or her to any remuneration, if such activities are such as to interfere with the performance by the assistant of his or her duties in that capacity or to give rise to a conflict of interests; and
(ii)
a declaration by the Member certifying that he or she has taken note of the list of the assistant’s outside activities and confirming that they do not interfere with the performance by the assistant of his or her duties in that capacity nor give rise to a conflict of interests.
1. For each of the local assistants employed and for each of the trainees based in the Member State of election, paying agents shall forward to the relevant service of Parliament, at the latest by 31 March of the year following the financial year in question, statements of the expenses incurred in respect of salaries, tax deductions and employers’ and employees’ social security contributions and any other defrayable expenses, in particular for the purpose of the regularisation of the advance payments made. They shall, in addition, provide evidence that the local assistants in question are enrolled in a social security scheme, indicating the Member as the employer, a certificate of insurance against work-related accidents where the applicable national law requires such insurance, and an annual income statement. They shall also certify that all the obligations arising from applicable national law have been met and, at the request of the relevant service of Parliament, submit all payslips issued for the reporting period, as well as the proof of payment of salary, social contributions and taxes.
In the event of termination of the contract between the paying agent and the Member and at the end of the Member’s mandate, those obligations shall be fulfilled within three months at the latest.
The statements referred to in the first subparagraph shall be drawn up in accordance with Parliament’s specifications.
2. In the absence of submission of the statements referred to in paragraph 1 within the prescribed deadline, all of the corresponding payments shall be considered to be not regular. Following verification of the statements referred to in paragraph 1 or in the absence thereof, notification shall be forwarded by the relevant service of Parliament to the paying agents, with copies to the Member, stating whether or not the payments made are regular and, where appropriate, which documents are missing and must still be submitted.
Where the notification referred to in the first subparagraph of this paragraph establishes that the payments are not regular, the documents required for their regularisation shall be submitted to the relevant service of Parliament within one month following the date of notification. Where those documents are not submitted within that period, Parliament shall apply Article 71 or, Article 72, or both as appropriate.
1. Paying agents shall, for the period laid down by the applicable national law, and for at least five years from the end of the parliamentary term concerned, keep a pay statement record book itemising sums paid by way of remuneration and, where applicable, tax and employers’ and employees’ social security contributions.
Without prejudice to the first subparagraph, upon termination of the paying agent’s contract a certified true copy of all payroll documents shall be forwarded immediately to the Member as well as any qualified professional of his or her choice.
2. Assistants shall abstain from any actions that conflict with the interests of the Members they assist and those of Parliament. They shall without delay inform the Member concerned of their intention to engage in any remunerated or unremunerated outside activity or to stand for election.
They shall reside at a distance from their workplace that is compatible with the proper performance of their duties.
3. The Member shall immediately inform the relevant service of Parliament of any changes in the conditions of employment affecting parliamentary assistance expenses and of any plans by assistants to engage in outside activities other than those already declared pursuant to Article 35, point (g), or to stand for election. The Member must ensure that outside activities and standing for election do not interfere with the performance by assistants of their duties or run counter to the financial interests of the Union by taking the appropriate arrangements, which may include adapting the working time of the assistant or the assistant taking annual leave or unpaid leave. The relevant service of Parliament may require evidence of the arrangements made to that end with the assistants concerned.
4. Local assistants intending to stand for election shall comply with national laws regarding electoral campaigns. If they are elected, the defrayal of the expenses in relation to them shall cease unless they can provide evidence that their mandate is consistent with the performance of their duties as parliamentary assistants.
5. Contracts concluded between Members and assistants must include the conditions laid down in paragraphs 2 and 4.
6. The expenses incurred in connection with employment contracts entered into with local assistants may be defrayed provided that the minimum working hours are 5 hours per week and the overall working hours, including time spent on outside activities, do not exceed 48 hours per week. For the purposes of this paragraph, the unpaid activities referred to in Article 35 shall only be considered if, in the case in question, such activities are usually remunerated.
1. Expenses incurred when the employment contracts concluded by Members with their local assistants are terminated may be defrayed provided that:
(a)
they arise from compliance with applicable national labour law, including collective agreements; and
(b)
Members have complied with legal obligations relating to the termination of the employment contracts concluded with their local assistants, including notice of dismissal, in good time before the end of their term of office, except in cases where the end of the term of office cannot be foreseen in advance.
2. The expenses referred to in paragraph 1 of this Article may be defrayed up to the statutory minimum and within the limits of Article 29(4).
3. Additional expenses that are the result of a specific agreement between the parties over and above statutory or collectively agreed obligations may only be defrayed, within the limits of Article 29(4), up to an amount which corresponds to that of the basic average gross monthly salary of the local assistant during the last year of employment.
4. Paragraph 3 shall not apply if:
(a)
the local assistant concerned has worked for the Member for less than twelve months;
(b)
the assistant concerned is re-hired as an assistant to a Member or a grouping of Members within two months from the end date of his or her contract.
5. Where Members are legally required under applicable national labour law to pay to an assistant, in respect of termination expenses, an amount which is more than three times that of his or her average gross monthly salary, such expenses may be defrayed on submission of duly established supporting documents which must be certified by the competent national authorities.
1. With the exception of specialised services the cost of which does not exceed EUR 500 including VAT, an application for defrayal of expenses for service contracts shall contain:
(a)
the contract which the Member has concluded with a service provider and which clearly defines the nature of the services to be provided;
(b)
except in the case of service contracts concluded with local assistants, where services exceed a threshold of EUR 60 000 including VAT, the procurement documents, including:
—
the notice containing a description of the needs and requirements, the award criteria and an indicative timeframe,
—
the invitations sent to the tenderers or any other advertising measure taken,
—
the offers received, as well as
—
the justification for the selected tender;
(c)
in the case of service providers that are legal persons, a copy of their entry in the commercial register or an equivalent document showing the place and date of incorporation, together with the articles of incorporation, or in the case of service providers that are natural persons, a document showing their place of establishment, the documents listed under Article 35, points (d) to (f), as well as, except in the case of contracts for specialised services, under point (g) thereof;
(d)
in the case of service providers that are legal persons, a list of the natural persons involved in the provision of services by the legal person, together with information on their educational and professional qualifications, and experience relevant to the provision of the services concerned, as well as a declaration confirming the absence of a conflict of interests as defined in Article 66(2) and that none of those persons is an assistant within the meaning of Article 30 or in any of the categories mentioned in Article 41, point (d);
(e)
a declaration, countersigned by the Member, confirming that the services will only be subcontracted for duly justified reasons, after the relevant service of Parliament has been informed, and in any event, only in respect of a maximum of 20 % of the total value of the contract, or, in the case of service providers that are local assistants, a declaration countersigned by the Member, confirming that the services will not be subcontracted.
2. The cost of services provided shall be defrayed on submission to the relevant service of Parliament by the Member of an invoice or fee statement describing in detail the services actually provided and a copy of the contract concluded with the service provider. The invoice or fee statement shall be accompanied by confirmation by the Member that the service has actually been provided. At the request of the relevant service of Parliament, the Member shall also submit the main supporting documents.
Where services are partially or totally exempt from VAT, the relevant service of Parliament may require the paying agent to confirm the legal basis for that exemption.
Where a local assistant with an employment contract is absent for a period exceeding three months, either on maternity leave or on account of serious illness, the proportion of the cost of replacing him or her from the third month of absence not covered by the employee benefits paid under the applicable national social security scheme may be defrayed over and above the amount referred to in Article 29(4). Paying agents shall submit to the relevant service of Parliament applications for defrayal of such expenses, duly countersigned by the Member.
The sums paid pursuant to this Chapter may not be used directly or indirectly:
(a)
to finance contracts concluded with an organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group;
(b)
to cover expenses which may be reimbursed under other allowances provided for by these Implementing Measures or other provisions of Parliament’s Rules of Procedure;
(c)
to cover expenses incurred in connection with a contract for the provision of services where that may give rise to a conflict of interests, in particular in cases where a Member or one of the persons referred to in point (d):
—
is the sole or part owner of a company or a profit-making organisation which acts as his or her service provider,
—
sits on the board of directors or another executive body of a company or profit-making organisation which acts as his or her service provider,
—
has access to the bank account of his or her service provider,
—
has an interest in or obtains a financial benefit of any kind from the activities of his or her service provider;
(d)
to fund contracts providing for the employment or the use of the services of Members’ spouses or stable partners or their parents, children, brothers or sisters or, in general, giving rise to any possibility of a conflict of interest as defined in Article 66(2);
(e)
to cover expenses in relation to contracts concluded with natural persons recruited as accredited parliamentary assistants but who do not reside in their place of employment in accordance with Article 20 of the Staff Regulations in order to provide direct assistance to Members in the premises of the European Parliament at one of its three places of work.
1. The Bureau shall adopt the rules governing Members’ access to internal services provided by the Parliament and the provision of equipment and facilities to Members, in particular as regards:
—
the use of official cars,
—
furniture for Members’ offices,
—
the provision of IT and telecommunications equipment,
—
stationery supplies,
—
the use by Members and Parliament’s political groups of the office space made available to them in Parliament’s liaison offices,
—
the processing of Members’ papers handed over in the form of a gift or legacy to an institute, association or foundation,
—
arrangements whereby Members who reach the end of their term of office during a parliamentary term can have their personal effects in their Brussels and Strasbourg offices transported to their countries of origin,
—
the use of official bicycles,
—
language and computer courses for Members,
—
the use of the services provided by Parliament’s Medical Service.
2. The Bureau may also adopt provisions granting former Presidents of Parliament, during their term of office, and former Members access to Parliament’s facilities.
1. Members shall be entitled to a general expenditure allowance to cover expenses which arise in the course of their parliamentary activities.
2. In accordance with Recital 17 and Article 20(3) of the Statute, the general expenditure allowance is paid in the form of a lump sum.
3. Members shall be entitled to the general expenditure allowance from the month in which their application for payment is received.
4. Members may choose to receive all or part of the amount of the general expenditure allowance.
1. The general expenditure allowance shall be payable for the duration of a Member’s term of office.
2. The monthly amount of the general expenditure allowance shall be EUR 4 950.
3. Members whose term of office begins after the fifteenth day of the month shall receive only half the general expenditure allowance for that month.
4. Half the general expenditure allowance shall also be payable for a period of three months following the month in which a Member’s term of office ends, provided that the latter has served for at least six months and is not re-elected.
1. All payments in respect of the general expenditure allowance shall be made directly to Members.
2. Any Member who, in a parliamentary year (from 1 September to 31 August), is absent on at least 50 % of the days fixed for plenary sessions of Parliament shall reimburse to Parliament 50 % of the general expenditure allowance relating to that period.
3. Any period of absence referred to in paragraph 2 may be excused by the President on the grounds of ill-health or serious family circumstances, or the presence of the Member concerned elsewhere on a mission authorised by the President, the Bureau or the Conference of Presidents. Supporting documents shall be submitted to the Quaestors within a maximum of two months from the date on which the period of absence began.
4. A Member who is expecting a child shall be excused attendance at official meetings of Parliament for a period of three months preceding the birth of that child. The Member must submit a medical certificate indicating the probable date of confinement. After the confinement, the Member shall be excused attendance at official meetings for a period of six months. The Member must submit a copy of the child’s birth certificate.
1. The general expenditure allowance is intended to cover inter alia expenses such as office running and office maintenance costs, office supplies and documentation, office equipment costs, representational activities or administrative costs.
2. If Members find that the amounts provided by way of other allowances under these Implementing Measures or other Parliament rules are exhausted, they may also use the general expenditure allowance to directly pay for activities which are covered by those allowances.
1. In order to facilitate the Members’ management and monitoring of their expenditure, Parliament shall pay the funds earmarked for the general expenditure allowance into an account dedicated to that allowance and to which it does not therefore transfer any other funds. Such an account shall be covered by the ordinary guarantees inherent in the mandate.
2. Members shall bear sole responsibility for the way in which the sums paid pursuant to this Chapter are used.
3. Members shall be free to document their use of these sums, in detail or by type of cost as listed in paragraph 4 of this Article, on their own or with the support of an external auditor, and to have this information published in whole or in part on their online page on the website of the Parliament in accordance with Rule 11 of Parliament’s Rules of Procedure.
4. The types of cost referred to in paragraph 3 are as follows:
Type 1: Local office rental and related charges
Type 2: Local office operating costs
Type 3: Office supplies, stationery and consumables
Type 4: Books, periodicals, newspapers and press reviews
Type 5: Office equipment and furniture
Type 6: Protocol and representation
Type 7: Organisation of events, seminars and conferences
Type 8: Other administrative expenditure
Type 9: Activities covered by other allowances that were exhausted
Type 10: Other costs linked to the Member’s parliamentary mandate.
5. The Bureau shall adopt any additional measures that it considers to be necessary in order to facilitate the implementation of Members’ decisions with regard to paragraph 3.
With effect from the first day of the month following the cessation of their duties, former Members shall be entitled to a transitional allowance as referred to in Article 13 of the Statute.
1. Where former Members who are entitled to the transitional allowance hold a mandate in another parliament or a public office, the salary to which they are entitled shall be offset against the transitional allowance.
2. Article 2(3) shall apply mutatis mutandis to the transitional allowance.
3. For the purposes of this Article, ‘another parliament’ shall mean any parliament with legislative powers which is established in a Member State.
4. For the purposes of this Article, ‘public office’ shall mean any of the following:
(a)
a paid elected post involving the exercise of the prerogatives of public authority;
(b)
membership of a national or regional government;
(c)
a post as a senior official exercising public authority or a post as an official or Member of an institution of the Union.
1. Where a former Member is simultaneously entitled to the transitional allowance referred to in Article 13 of the Statute and to an old-age pension referred to in Article 14 of the Statute or to a pension referred to in Article 15 of the Statute, the former Member shall receive whichever of the two payments he or she opts to receive. He or she shall notify the Secretary-General of his or her decision no later than three months after the end of his or her mandate. That decision shall be irrevocable.
2. If the former Member opts for payment of the transitional allowance, the payment of his or her old-age pension or invalidity pension shall be suspended for the period of his or her entitlement to the transitional allowance.
Cite this act
Decision of the Bureau of 11 September 2023 concerning the Implementing Measures for the Statute for Members of the European Parliament and repealing the Decision of the Bureau of 19 May and 9 July 2008 (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32024D02814
© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.
本頁資料來源:EUR-Lex·整理提供:法律人 LawPlayer· lawplayer.com