Accept Refuse

EUR-Lex Access to European Union law

This document is an excerpt from the EUR-Lex website

Document 32018D0302(01)

Rules governing security and safety in the European Parliament — Bureau Decision of 15 January 2018

OJ C 79, 2.3.2018, p. 3–15 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

2.3.2018   

EN

Official Journal of the European Union

C 79/3


RULES GOVERNING SECURITY AND SAFETY IN THE EUROPEAN PARLIAMENT

Bureau Decision

of 15 January 2018

(2018/C 79/04)

Contents

CHAPTER 1:

GENERAL PROVISIONS 5

Article 1

Definitions 5

Article 2

Purpose 6

Article 3

Scope 6

Article 4

Offices of Members 6

Article 5

Principles 7

Article 6

Organisation 7

Article 7

Tasks of the Directorate-General for Security and Safety 7

Article 8

Mandated staff 8

Article 9

Performance of duties by DG SAFE staff 8

Article 10

Obligation to comply and to cooperate 8

Article 11

Delegation of tasks to a contracted party 9

CHAPTER 2:

ALERT STATES 9

Article 12

Alert state levels 9

Article 13

Decision on the alert state level 9

Article 14

Communication related to alert state levels 10

CHAPTER 3:

PREVENTION OF SECURITY INCIDENTS 10

Article 15

Risk assessment 10

Article 16

Access control 10

Article 17

Personal protection 10

CHAPTER 4:

RESPONSE TO SECURITY INCIDENTS 11

Article 18

Suspicion of a security incident 11

Article 19

Occurrence of a security incident 11

Article 20

Security incident report 11

CHAPTER 5:

SERVICE WEAPONS 11

Article 21

General principles 11

Article 22

Authorisation to carry a service weapon 12

Article 23

Deployment and use of service weapons 12

Article 24

Presence of armed external security personnel on Parliament premises 12

Article 25

Consequences of drawing or using of a service weapon — Reporting and assistance 12

CHAPTER 6:

ENFORCEMENT 12

Article 26

Enforcement of compliance with security measures 12

CHAPTER 7:

SECURITY INQUIRIES AND AUXILIARY INVESTIGATIONS 13

Article 27

Security inquiries 13

Article 28

Auxiliary investigations 13

Article 29

Investigative measures in the context of auxiliary investigations 14

CHAPTER 8:

FINAL PROVISIONS 15

Article 30

Liaison with host Member States and third countries, national authorities, other Union institutions and international bodies 15

Article 31

Complaint mechanism for Members of the European Parliament 15

Article 32

Implementing rules 15

Article 33

Repeal 15

Article 34

Entry into force and publication 15

THE BUREAU OF THE EUROPEAN PARLIAMENT,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 232 thereof,

Having regard to the Protocol No 7 on the Privileges and Immunities of the European Union annexed to the Treaties, and in particular Articles 1 and 18 thereof,

Having regard to the European Parliament's Rules of Procedure, and in particular Rule 25(2) thereof,

Whereas:

(1)

Parliament's security objective aims to enable the proper functioning of Parliament by maintaining order and by ensuring a safe and secure environment inside Parliament premises and sufficient levels of physical protection of persons, buildings and assets from threats.

(2)

Parliament should strive to achieve an appropriate level of security for persons, buildings and assets, which strikes the correct balance between security and accessibility.

(3)

Security and safety in Parliament should be based on the principles of legality, proportionality, accountability and efficiency.

(4)

Security and safety issues should be taken into account in the development and implementation of all Parliament policies.

(5)

Parliament's duty of care includes due diligence in taking all reasonable steps to implement security measures to prevent reasonably foreseeable harm to the persons referred to in Article 3(2), Parliament premises and its physical assets.

(6)

Parliament has entered into agreements with the governments of Belgium, Luxembourg and France confirming that Parliament is responsible for security on its premises.

(7)

Parliament has signed a Memorandum of Understanding with the government of Belgium on security verifications and might sign similar agreements with other Member States.

(8)

Current practice in Union institutions, Member States and other international organisations has shown that a system of alert states is the most efficient way to ensure that appropriate and proportional security measures are taken in response to an evaluated level of risk. The alert state system for Parliament introduced by Bureau Decision of 16 December 2002 needs to be reviewed and simplified in order to render it more flexible and effective as a response to threats to security.

(9)

It should be possible for host Member States and third countries to authorise Parliament to provide armed personal protection to the President during his presence on their territory and to maintain firearms for the protection of persons on its own premises.

(10)

Matters relating to access badges are governed by a separate Decision of the Bureau adopted on the basis of Rule 116a(1) of Parliament's Rules of Procedure.

(11)

In the implementation of this Decision, Parliament should ensure the protection of privacy and personal data in compliance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data (1),

HAS ADOPTED THIS DECISION:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Definitions

For the purpose of this Decision, the following definitions apply:

(1)

‘security’ means the safeguarding of the physical integrity of persons, buildings or assets;

(2)

‘security incident’ means any ongoing or imminent threat to security including acts of violence, vandalism, sabotage, theft or other acts subject to criminal law, but excluding cases of force majeure;

(3)

‘threat to security’ means an event or a person that can reasonably be expected to adversely affect security if not responded to or controlled;

(4)

‘major security incident’ means a security incident that can reasonably be expected to lead to loss of life, serious injury or harm, significant damage to Parliament property or disruption to Parliament's essential operational capacities;

(5)

‘order’ means a situation allowing for smooth conduct of parliamentary activities, respect of dignity of Parliament, the maintenance of security on Parliament premises and the functioning of Parliament's equipment;

(6)

‘threat to order’ means an event or a person that can reasonably be expected to adversely affect order in Parliament if not responded to or controlled;

(7)

‘safety’ means accident prevention and response, fire prevention and response as well as first aid and including the evacuation of buildings;

(8)

‘urgency’ means the requirement of swift action when facing a security incident;

(9)

‘risk to security’ means the combination of the potential consequences of a threat to security and the associated likelihood of occurrence;

(10)

‘control of risk’ means any security measure that can reasonably be expected to effectively minimise a risk to security by prevention, mitigation or avoidance of a security incident;

(11)

‘prevention of risk’ means security measures that can reasonably be expected to reduce the likelihood of a security incident;

(12)

‘risk mitigation’ means security measures that can reasonably be expected to reduce the consequence of a security incident;

(13)

‘restricted access area’ means an area to which access is restricted by means of the use of electronic badge readers, electronic locks or other devices;

(14)

‘assets’ means all movable property on Parliament premises;

(15)

‘premises’ means all Parliament establishments, including buildings, offices, rooms and other areas, as well as areas housing communication and information systems where Parliament conducts permanent or temporary activities;

(16)

‘alert state’ means a set of security measures intended to provide a specific level of protection commensurate with the threats to security;

(17)

‘standard security measures’ means a set of security measures applied for each alert state level and harmonised with equivalent security measures applicable in the other Union institutions at the same alert level;

(18)

‘optional security measures’ means a set of additional measures that Parliament may adopt for each alert state level in order to respond more efficiently and flexibly to the identified risks to Parliament.

Article 2

Purpose

The purpose of this Decision is to:

set out the legal framework regarding security in Parliament, including the basic principles applicable in the field of security;

set out the legal framework regarding safety in Parliament; and

define the organisation and responsibilities regarding security in Parliament and the mission of Parliament's security authorities.

Article 3

Scope

1.   This Decision shall apply on all Parliament premises inside and outside the Union. Where Parliament shares premises with other Union institutions bodies, offices and agencies, the application of this Decision shall be implemented in consultation with the other Union institutions, bodies, offices and agencies concerned.

2.   Notwithstanding any specific provisions concerning particular groups of staff, this Decision shall apply to Members, to Parliament staff, to service providers and their staff, to trainees and to any other person with access to Parliament premises.

3.   Without prejudice to national law, this Decision shall apply outside Parliament premises to staff charged by Parliament with the personal protection of the President insofar as that protection is concerned.

4.   This Decision shall not apply with regard to cybersecurity.

5.   This Decision shall not apply to the handling and protection of confidential information, with the exception of the security clearance procedure and investigations into possible breaches of confidentiality.

6.   This Decision shall not apply to Business Continuity Management as approved by the Bureau on 9 May 2016.

7.   This Decision shall not apply to security of Members or Parliament staff on official missions, with the exception of the President.

8.   This Decision shall not apply to rules on access badges within the meaning of Rule 116a of Parliament's Rules of Procedure.

Article 4

Offices of Members

Access by the Directorate-General for Security and Safety (DG SAFE) to an office allocated to a Member shall be limited to the prevention of and response to security incidents as provided for in Articles 18, 19 and 27 to 29 of this Decision.

Article 5

Principles

1.   The implementation of this Decision shall comply with the Treaties, in particular with the Charter of Fundamental Rights and Protocol No 7 on Privileges and Immunities of the European Union, and the applicable rules of national law.

2.   Measures taken under this Decision shall be without prejudice to the competencies of the law enforcement authorities of the Member States, Parliament's Rules of Procedure, the Statute for Members of the European Parliament and Article 86 and Annex IX of the Staff Regulations.

3.   Insofar as this Decision does not contain a specific provision, Parliament shall apply on its premises and in its buildings the regulations governing safety, especially fire safety, of the Member State in which they are located.

4.   Security and safety in Parliament is based on the principles of legality, proportionality, accountability and efficiency.

5.   The principle of legality indicates the need to stay strictly within the legal framework in implementing this Decision and the need to conform to the legal requirements.

6.   Any security measure addressed to a natural person shall be taken overtly unless that might reasonably be expected to impair its effect. Addressees of a security measure shall be informed in advance of the reasons for and the likely impact of the measure, unless the effect of the measure can reasonably be expected to be impaired by providing such information. In that event, the addressee of the security measure shall be informed after the risk of impairing the effect of the security measure has ceased.

7.   The use of powers by the security authorities as well as the intensity of the individual intervention by means of a security measure shall be proportional to the risk to security.

Article 6

Organisation

1.   In accordance with Rule 22(5) of Parliament's Rules of Procedure, the President is the authority responsible for the security in Parliament.

2.   DG SAFE, under the authority of the Secretary-General, ensures security and safety in accordance with this Decision on Parliament premises. The Secretary-General may issue instructions to the Director-General for Security and Safety to ensure security and safety.

3.   The President may entrust staff with the implementation of his instructions aimed at restoring security and order on Parliament premises in a specific situation.

4.   In the event that a Member disrupts the proper conduct of proceedings of the plenary, the Secretary-General may request the assistance of DG SAFE when measures according to Rule 165(3) of the Rules of Procedure of the European Parliament are adopted.

5.   DG SAFE is supported in its tasks by the Security Management Steering Committee.

Article 7

Tasks of the Directorate-General for Security and Safety

1.   DG SAFE shall:

ensure an appropriate level of security, safety and order as well as the protection of persons, buildings and assets by preventing and responding to security and safety incidents on Parliament premises;

apply a coherent, integrated approach, providing appropriate levels of protection for persons, buildings, and assets commensurate with identified risks;

foster and strengthen Parliament's security culture, ensure efficient security, improve Parliament's security governance, further intensify networks and cooperation with relevant authorities at Union, national and international level and improve the monitoring and control of security measures;

organise the personal protection of the President;

develop a comprehensive risk assessment methodology, conduct analyses and risk assessments and recommend to the Secretary-General measures necessary to prevent or mitigate the risks associated with identified security incidents or threats as well as supervise implementation of such measures;

be involved in commissioning and assessing security-related equipment or architectural plans related to security. The final approval and authorisation of such equipment and plans shall require the prior consultation of DG SAFE.

2.   Where the security of European Parliament Liaison Offices falls under the responsibility of, or is managed by, other Union institutions, bodies, offices or agencies, DG SAFE shall verify whether the security provided is at least equivalent to that of Parliament.

3.   DG SAFE shall act as a point of contact regarding background security verifications and security clearances for Members on their request and for concerned staff, ensuring the necessary communication with competent national authorities, exchanging information with other Union institutions and implementing the internal procedure regarding the processing of requests. Such procedures shall be in accordance with relevant bilateral arrangements concluded between Parliament and the security authorities of the Member States and Interinstitutional agreements concluded between Parliament and other Union institutions.

4.   DG SAFE shall recommend to the Secretary-General the appropriate state of alert in anticipation of, or in response to, threats and incidents affecting Parliament security, as well as measures required for managing such situations.

5.   DG SAFE shall propose a strategy on safety to the Secretary-General.

Article 8

Mandated staff

1.   Only staff individually mandated by the Secretary-General, who delegates that power to the Director-General for Security and Safety, may be entrusted, in line with their specific duties and for the period during which they undertake such duties, with the power to take one or several of the following measures:

(a)

carry and use service weapons;

(b)

conduct security inquiries;

(c)

conduct auxiliary investigations.

2.   In response to specific situations, and within the limits of this Decision and the implementing rules, the Director-General for Security and Safety may issue service instructions applying to all staff performing particular tasks and identifying the authorised security measures.

Article 9

Performance of duties by DG SAFE staff

1.   It shall not be necessary for the staff of DG SAFE to seek individual orders from their superiors with regard to the choice of security measures if precluded to do so due to urgency, provided those measures are covered by this Decision.

2.   The staff of DG SAFE shall not be placed at any disadvantage because of the performance of their duties, unless they have acted outside the scope of their mandate, service instructions or in violation of the law.

Article 10

Obligation to comply and to cooperate

1.   Compliance with this Decision and its implementing rules, as well as with the measures taken by mandated staff in their application, shall be mandatory.

2.   On request, all staff, including service providers and their staff, as well as trainees and also visitors and guests, shall cooperate with DG SAFE in implementing its mission.

3.   Non-compliance with this Decision, its implementing rules, as well as with the measures taken in their application may trigger disciplinary action in accordance with the Treaties, Rules 11 and 166 of the Parliament's Rules of procedure, the Staff Regulations, contractual sanctions or legal action under national laws and regulations.

Article 11

Delegation of tasks to a contracted party

Accessory security and safety tasks that Parliament itself cannot directly undertake for legal, technical or operational reasons may be delegated to a third party in accordance with Parliament's internal rules and procedures. Such tasks may include, but are not limited to, sweepings by specialist dogs, electronic sweepings, fire safety services, handling of hazardous materials and items, removal of abandoned or dangerous vehicles and provision of assistance by external security personnel for specific events. However, such tasks shall remain under the sole authority of Parliament.

CHAPTER 2

ALERT STATES

Article 12

Alert state levels

1.   Alert states shall be identified by colour codes. WHITE corresponds to the lowest threat level; YELLOW, ORANGE and RED correspond to increased threat levels:

the ‘WHITE’ alert state level shall apply when no particular threat or incident affecting security has been identified in Parliament;

the ‘YELLOW’ alert state level shall apply when threats are identified or incidents occur affecting security that may have an adverse effect on Parliament or its functioning;

the ‘ORANGE’ alert state level shall apply when threats are identified or incidents occur which affect security in the Parliament and which are aimed at the Parliament, its functioning or activities, even though no definite object, target or time of attack has been identified;

the ‘RED’ alert state level shall apply when threats of an imminent attack, affecting security are made, and are aimed specifically at Parliament or its functioning.

2.   Before adopting implementing measures as referred to in Article 32 concerning alert state levels, the Secretary-General shall orally inform the Bureau of the envisaged measures.

Article 13

Decision on the alert state level

1.   The President, on a proposal of the Secretary-General, taking account of the recommendation by DG SAFE, shall:

(a)

decide, in consultation with other Union institutions with premises in the same Member State, other relevant Union bodies and host Member States and third countries, the alert state levels and the places of work to which they shall apply;

(b)

decide which, if any, of the optional security measures should be taken;

(c)

inform the Members of the Bureau of any decision taken pursuant to this Article.

2.   Under the authority of the Secretary-General, DG SAFE shall:

(a)

implement decisions on the alert state level on Parliament premises;

(b)

in case of urgency take the decisions set out in paragraph 1(a) and (b). The Director-General for Security and Safety shall, as soon as possible after having taken those measures, inform the President and the Secretary-General of the measures and the reasons for them;

(c)

continuously monitor threats and risks to security for the purpose of verification of the appropriateness of the applied alert state level.

3.   The heads of Parliament's Liaison Offices shall be responsible for the implementation of the alert state decision in the respective Liaison Office.

4.   The heads of Parliament's Liaison Offices may take additional security measures in case of urgency in compliance with the present Decision. The Secretary-General and the Director-General for Security and Safety shall be informed of those measures without delay.

Article 14

Communication related to alert state levels

1.   The alert state levels shall be expressed in the public areas through a colour-coded signalling system.

2.   Upon a change of state of alert level the President shall inform all Members and staff of Parliament of the measures that have an impact on Parliament's activities. Other Union institutions and the respective national authorities shall also be informed of the measures adopted.

CHAPTER 3

PREVENTION OF SECURITY INCIDENTS

Article 15

Risk assessment

In order to prevent security incidents, DG SAFE shall:

assess the risk to security which is inherent in the execution of particular functions of staff in Parliament's general secretariat and the risk to the security of persons inside Parliament premises;

in consultation with the relevant Directorate Generals, assess the risk to the security of Parliament premises and assets;

for the security of events inside and around Parliament premises, propose appropriate action to the Secretary-General or to the service concerned.

Article 16

Access control

1.   In order to prevent security incidents, DG SAFE may perform security checks on all persons, including Members, goods and assets before they enter and while present on Parliament premises, in particular:

check the identity of any person wishing to enter or already present in Parliament;

carry out background checks of persons external to Parliament prior to granting them access to Parliament premises in order to establish if they present a threat to security.

For that purpose, DG SAFE may use, while ensuring compliance with the legislation in force in the field of personal data protection, any source of information available to Parliament, taking into account the reliability of such sources, and access relevant data Parliament holds with regard to the persons concerned;

inspect by visual and technical means, at Parliament's entrance gates, persons, vehicles, equipment and goods. Such inspections may include personal baggage and postal items;

operate an access control system to Parliament premises for persons and vehicles;

record entry to, and exit from, Parliament premises and restricted access areas on Parliament premises of persons, vehicles, goods and equipment;

prevent unauthorised persons, vehicles and goods from entering Parliament premises.

2.   In the event of non-compliance with the measures laid down in paragraph 1, access to Parliament premises may be denied.

Article 17

Personal protection

DG SAFE shall undertake the appropriate operational measures to ensure the personal protection of the President, in coordination with the President's Private Office and Parliament's Protocol Service and in liaison with the authorities of the host Member State or third country concerned. Following a risk assessment by DG SAFE, the President may instruct that other persons, including Members, be provided with personal protection on Parliament premises.

CHAPTER 4

RESPONSE TO SECURITY INCIDENTS

Article 18

Suspicion of a security incident

1.   In the event of a substantiated suspicion of a security incident, DG SAFE shall undertake all measures necessary for verification. In the event of a substantiated suspicion of a major security incident, the Director-General for Security and Safety shall immediately inform the Secretary-General, who in turn may, in particular, instruct DG SAFE to inspect Parliament's buildings and, assets. In fulfilling that duty, DG SAFE may cooperate with national authorities.

2.   DG SAFE shall immediately inform the Secretary-General of the measures taken. If Members are concerned, the Secretary-General shall inform the President.

Article 19

Occurrence of a security incident

1.   In the event of a security incident, DG SAFE shall undertake all measures necessary in order to stop the incident in an effective manner. In this regard, it may notably undertake measures:

directed towards a person posing a threat to security such as denying such person access to or ordering such person to leave Parliament premises and escorting persons from Parliament premises;

directed towards objects posing a threat to security including seizure, removal, disposal and transfer of such objects to national authorities;

required for the immediate protection of those present on Parliament premises, in particular issue mandatory instructions to building occupants. Having taken such measures, the mandated staff shall immediately inform their hierarchy and await further instructions;

inspect Parliament premises, including access to Members' offices, if such inspection is necessary to impede, delay or stop the security incident.

2.   DG SAFE shall undertake all measures necessary to preserve evidence related to security incidents in Parliament, if necessary in cooperation with national authorities.

3.   DG SAFE shall immediately inform the Secretary-General of the measures taken. If Members are concerned, the Secretary-General shall inform the President.

Article 20

Security incident report

In the event of a major security incident or emergency, DG SAFE shall draft a report summarising the incident. The report shall be transmitted to the Secretary-General. If a Member is concerned, the Secretary-General shall transmit the report to the President.

CHAPTER 5

SERVICE WEAPONS

Article 21

General principles

Any deployment, carrying, storage and use of service weapons must be in accordance with this Decision, its implementing measures and the relevant provisions of:

the national law of host Member States or third countries on whose territories Parliament has a place of work or other premises;

any other national legislation applicable in a particular case, for example where security staff accompany the President outside host Member States or third countries;

public international law.

Article 22

Authorisation to carry a service weapon

Only mandated staff, and those exceptionally authorised under Article 24 may while on duty, carry and use a service weapon. With the exception of those cases covered by Article 24, weapons must be a service weapon issued by Parliament on an individual basis and may not be exchanged between colleagues, except in cases of emergency.

Article 23

Deployment and use of service weapons

Staff who have been mandated to carry and use a service weapon may only use those weapons in self-defence or to protect others against an imminent threat, whether actual or reasonably perceived as such, of death or serious injury, or to prevent the perpetration of a serious crime involving a grave threat to life. Their reaction shall be proportional to the need to defend themselves and others. Mandated staff shall identify themselves as such and give a clear warning of their intent to use service weapons, unless doing so would unduly place themselves at risk, would create a risk of death or serious injury to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident.

Article 24

Presence of armed external security personnel on Parliament premises

1.   Heads of State and Government and Representatives of Union institutions and of designated international organisations (2) may be accompanied by two external armed security personnel. The President, acting upon a proposal of the Secretary-General, taking account of the recommendation by DG SAFE, may authorise the presence of additional armed external security personnel for such delegations and may also authorise that other visitors are accompanied by armed external security personnel.

2.   All requests for the deployment of external armed security personnel shall be notified in writing in due time to the Director-General of DG SAFE. Prior to any authorised deployment, DG SAFE shall communicate the specific conditions of deployment and rules of engagement to any such external armed security personnel.

3.   The Secretary-General shall be informed of any deployment of external armed security personnel on Parliament premises.

Article 25

Consequences of drawing or using of a service weaponReporting and assistance

1.   Any staff member who draws or uses a service weapon shall without delay inform the Director-General for Security and Safety and shall prepare a written report on the incident. The Director-General for Security and Safety shall immediately inform the Secretary-General of the incident who shall inform the President. The Secretary-General shall launch an immediate internal investigation into the incident and inform the President of the result of that investigation.

2.   The Secretary-General shall ensure that any staff member who draws or uses a service weapon in the exercise of his or her duties may avail of the necessary medical or psychological support.

CHAPTER 6

ENFORCEMENT

Article 26

Enforcement of compliance with security measures

1.   If necessary to restore order in Parliament premises or to eliminate a security incident, proportional force, within the limits of this Decision and in particular the provisions on the use of service weapons, may be used by the staff of DG SAFE entrusted with that duty in order to enforce compliance with the applicable security measures.

2.   In carrying out their duties, the staff of DG SAFE shall, to the maximum extent possible, use other available means before resorting to the use of force or service weapons in accordance with this Decision and applicable national law.

3.   Obeying an order from a superior to use force and service weapons resulting in the death or serious injury of a person cannot be invoked as a defence in the case of disciplinary or legal proceedings, if such order is manifestly illegal or constitutes a manifest breach of the safety standards and the staff member in question had an opportunity to refuse to execute it. Superiors who issue such illegal orders shall be subject to disciplinary proceedings.

CHAPTER 7

SECURITY INQUIRIES AND AUXILIARY INVESTIGATIONS

Article 27

Security inquiries

1.   After notification to the Secretary-General, DG SAFE may conduct security inquiries, in the framework of investigations into security incidents in order to prevent similar incidents in the future.

To the extent that security inquiries concern Members, they shall require the prior approval of the President.

2.   Security inquiries may only include the following measures:

checks of access and exit control log files, CCTV coverage, communications recordings and similar data as referred to in with Regulation (EC) No 45/2001 and other information sources;

preliminary verifications;

taking statements from any person capable of clarifying the facts;

securing evidence and the scene of the incident;

conducting surveillance measures.

3.   Staff mandated to undertake security enquiries shall act in an objective and impartial way.

4.   DG SAFE shall report to the Secretary-General on the security inquiries conducted in the framework of investigations into security incidents.

Article 28

Auxiliary investigations

1.   After notification to the Secretary-General, and without prejudice to the competences of or instructions to other competent services, DG SAFE may conduct auxiliary investigations requested by internal bodies into the conduct of persons which may give rise to administrative, disciplinary, civil or criminal proceedings. Auxiliary investigations requested by external bodies shall require the prior approval of the Secretary-General.

To the extent that such auxiliary investigations concern Members, they shall require prior approval of the President.

2.   Auxiliary investigations may only be conducted on request of the internal or external body competent for the administrative, disciplinary, civil or criminal procedure, except for cases when, for reasons of urgency, such a request has not yet been formally received.

In such cases, the measures taken are limited to the securing of evidence, documented in the report referred to in Article 29(6).

3.   The body requesting the auxiliary investigation shall specify the mandate by defining the objective of the investigation and the measures to be taken.

4.   By way of an auxiliary investigation, DG SAFE may only:

assist or support an investigation which has been opened by the President into a Member under Rule 166 of Parliament's Rules of Procedure;

assist or support an investigation opened by the Appointing Authority to verify the existence of a breach by a member of staff or a former member of staff of the obligations laid down in Article 86 of the Staff Regulations;

assist or support an investigation opened by the competent authorising officer by delegation into the conduct of service providers and their staff with access to buildings, assets or information handled by Parliament;

assist or support any investigations into the loss or unauthorised disclosure of Union classified information opened by the President, where such loss or unauthorised disclosure involves a Member or, where any other person is concerned, by the Secretary-General in accordance with Article 14 of the Bureau Decision of 15 April 2013 concerning the rules governing the treatment of confidential information by the European Parliament;

cooperate with law enforcement authorities of Member States in the conduct of their investigations including counter-intelligence and counter-terrorism measures;

cooperate with the European Anti-Fraud Office in accordance with the practical arrangements agreed with that office.

cooperate with authorities of host Member States and third countries in the practical conduct of their investigations.

Article 29

Investigative measures in the context of auxiliary investigations

1.   Investigative measures undertaken by DG SAFE in the context of auxiliary investigations shall be limited depending on the mandate received and the corresponding scope of investigative powers of the competent internal or external body. The competent body shall insofar as possible specify the tasks to be performed.

2.   In that respect and under those conditions, DG SAFE may:

secure scenes and evidence;

request the assistance of any official or other servant of Parliament or external party contracted by it;

take note of statements of any person capable of clarifying the facts;

have access to any premises within Parliament facilities or place of work not subject to specific regulations and conduct on the spot checks, including of personal effects;

access documents and relevant information to the extent necessary for the inquiry.

3.   Information forwarded or obtained in the course of the auxiliary investigation, in whatever form, shall be subject to professional secrecy.

4.   Interviews may be filmed or recorded provided that the person being interviewed is informed in advance and that all necessary and appropriate measures are taken to ensure the confidentiality of personal data.

5.   Persons subject to an investigation, or where the possible personal implication of such persons emerges in the course of an investigation, shall be immediately informed of the investigation. The provision of that information may be deferred if it might jeopardise the investigation, or in cases which require the use of investigative procedures falling within the remit of a national judicial authority and the maintenance of absolute secrecy for the purpose of the investigation.

6.   Once an investigation has been completed, DG SAFE shall submit a report to the Secretary-General. That report shall set out the facts and circumstances in question and propose, where appropriate, the security and safety measures to be taken. Findings pertaining to a named person may not be established without giving that person the opportunity to comment on the facts concerning them.

7.   The Secretary-General shall forward the report to the requesting internal or external body. If Members are concerned, the Secretary-General shall transmit a copy of the report to the President.

CHAPTER 8

FINAL PROVISIONS

Article 30

Liaison with host Member States and third countries, national authorities, other Union institutions and international bodies

Without prejudice to the competences and responsibilities of other Parliament services, DG SAFE shall ensure external liaison:

(a)

with the security and safety departments of other Union institutions, bodies, offices and agencies on issues relating to the security and safety of the persons, buildings, and assets in Parliament;

(b)

with the security, safety, intelligence and threat assessment services, including national security and safety authorities, of Member States, of third countries and of international organisations and bodies on all issues affecting security and safety in Parliament;

(c)

with police, fire and other emergency services on all routine and emergency issues affecting Parliament's security and safety; and

(d)

with the security and safety departments of the other Union institutions, bodies, offices and agencies as well as international bodies with a view to exchanging best practice experiences and promoting coordination where appropriate, even in the field of training of its personnel.

Article 31

Complaint mechanism for Members of the European Parliament

A Member who takes the view that this Decision has not been correctly applied to him or her may draw the attention of the President thereto. The President shall examine the issue and take appropriate action, if considered necessary.

Article 32

Implementing rules

The Secretary-General of the European Parliament may adopt implementing rules for this Decision.

Article 33

Repeal

The rules on security adopted by Bureau Decisions of 1 and 3 October 2001, of 16 December 2002 and of 25 February 2004 are repealed.

Article 34

Entry into force and publication

This Decision shall enter into force on 17 March 2018.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  European Council, EU Council of Ministers, EU Commission, European External Action Service (EEAS), European Central Bank, NATO, IMF, UN, World Bank, WTO.


Top