6.7.2010   

EN

Official Journal of the European Union

C 180/1

(1)

The application of the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’) has brought to light various practical difficulties. In order to ensure that Members are able to perform their duties in an appropriate manner, it is therefore necessary to amend the Implementing Measures.

(2)

All Members should receive full reimbursement of their medical expenses in the event of a serious illness, and their family members should enjoy the same medical cover, irrespective of the date of the illness. It would therefore be appropriate for the relevant amended provisions relating to Members’ health insurance to apply from 14 July 2009.

(3)

In previous parliamentary terms, Members were entitled to receive reimbursement of certain additional travel expenses when travelling to and from one of Parliament's places of work during a week in which there were no official parliamentary activities. Given that Members may on occasion need to be present in Parliament during such weeks, as was the case in the run-up to the hearings for the Commissioners-designate, it would make sense to continue this practice, with effect from 1 January 2010.

(4)

Various of the travel provisions relate to annual amounts from which Members may seek reimbursement of their expenses. Since it would not be appropriate for Members to be treated differently simply on the basis of the date of their travel, amendments to such provisions adopted by the Bureau during the course of 2010 should apply from 1 January 2010. This should also apply to the limited entitlement to a subsistence allowance for Members present in Parliament during a week set aside for external parliamentary activities.

(5)

The increased amount of the parliamentary assistance allowance takes account both of the adjustment, made with effect from 1 July 2009, of the remuneration of officials and other servants of the European Union, laid down in Regulation (EU, Euratom) No 1296/2009 (3), and of the increase agreed in Amending Budget No 1/2010 of the European Union for the financial year 2010. Bearing in mind that the increase in the amending budget should have immediate effect, the new amount of the parliamentary assistance allowance should apply from 1 May 2010.

(6)

At its meeting of 11 November 2009, the Bureau decided to make provision for Members to be able to carry over part of the parliamentary assistance allowance, up to a maximum of the monthly amount of that allowance, so as to make it easier for Members to manage the sums available. It would be appropriate for that change to apply from 14 July 2009.

(7)

One of the principal difficulties faced by Members was the administrative burden created by certain provisions of the Implementing Measures, particularly with regard to documents to be submitted in connection with certain types of contract concluded with Members’ personal staff. With a view to reducing this burden promptly, the relevant amendments should apply from 14 July 2009. At its meeting of 23 November 2009, the Bureau decided to allow the advances paid by Parliament in the context of an employment contract to be used to cover the expenses incurred by local assistants in making short journeys, up to a maximum of EUR 100 a month. Given that this change was also made with a view to reducing the administrative burden on Members, it should apply from 1 January 2010.

(8)

As a general rule, Members may not seek reimbursement to fund contracts providing for employment or the use of services of certain family members. However, family members who were working as a Member's assistant on the cut-off date of 1 July 2008 and whose contracts were registered with the relevant department by that date could continue in that role for a further parliamentary term. In practice, the registration requirement served to exclude many long-standing employment contracts. It should therefore be abolished, with a view to treating all employment contracts providing for the payment of social security contributions that were in force on 1 July 2008 in the same way. Given that the relevant amendment relates to employment relationships predating the entry into force of the Implementing Measures, it should apply from 14 July 2009,

1.

Article 3 is amended as follows:

2.

In Article 10, the following paragraph is inserted:

‘2a.   The following shall also be regarded as ordinary travel expenses: travel expenses incurred by the Chairs of committees or sub-committees in attending Council meetings.’.

3.

In Article 13, paragraphs 2 and 3 are replaced by the following:

‘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, or, for all other car journeys, the mileage at the places of departure and arrival. Should the length of the journey exceed 800 km, the declaration shall be accompanied by supporting documents which make it possible to determine the date on which the journey was made (e.g. a fuel purchase receipt pertaining to a transaction at the place of departure or during the journey, motorway toll slip, car rental contract or invoice, 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. The advance shall be regularised at the end of the season ticket or card's validity.’.

4.

Article 14 is amended as follows:

5.

Article 15 is replaced by the following:

‘Article 15

Amounts reimbursed

Travel expenses shall be reimbursed on the basis of the expenses actually incurred, up to a maximum of:

6.

In Article 17, paragraphs 4 to 7 are replaced by the following:

‘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 and 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 department, 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 making a decision.

6.   In the event of a break in the journey, travel expenses shall be reimbursed from the last place of departure. A break in the journey shall be any break of more than one night, excluding Saturdays and Sundays and public holidays, made on the Member's route to or from one of Parliament's places of work or an official meeting venue.

7.   If the point of departure or arrival does not correspond to the Member’s place of residence or the capital of the Member State in which he or she was elected, travel expenses shall be reimbursed up to a maximum of the 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.

8.   In the case of journeys undertaken between two places of work and/or meeting venues, paragraphs 3 and 7 shall apply mutatis mutandis.

9.   The tariffs used for the purposes of these Implementing Measures shall be updated on a half-yearly basis, in May and November.’.

7.

Article 19 is amended as follows:

8.

In Article 20, paragraph 2 is replaced by the following:

‘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.

If the calculation basis for a train journey is unknown or hard to ascertain, the calculation basis for a car journey shall be used.’.

9.

In Article 21, paragraph 1(d) is replaced by following:

10.

Article 22 is amended as follows:

11.

In Article 23, the current paragraph is numbered ‘1.’ and the following paragraphs are added:

‘2.   Travel expenses incurred within an urban area 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 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(b).

3.   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 as journeys within the Member State of election for the purposes of paragraph 1(a) and (b).’.

12.

In Article 24(1), the following subparagraph is added:

‘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 the allowance is payable pursuant to points (a) and (b) and except in the specific circumstances decided by the Bureau on 19 October 2009.’.

13.

Article 33 is amended as follows:

14.

In Article 36, paragraph 6 is replaced by the following:

‘6.   Whenever circumstances so require, Parliament may, in the context of an employment contract and at the request of a Member, pay advances on the payments referred to in paragraphs 4 and 5.

Advances may also be used to cover the expenses incurred by local assistants in making short journeys. In that case, they shall be paid on a flat-rate basis up to a maximum of EUR 100 per assistant per month. Should the expenses incurred exceed that ceiling, the paying agent shall submit on a quarterly basis supporting documents substantiating the expenses incurred. In exceptional cases these supporting documents may be replaced by a declaration.

The regularisation of such advances shall remain under the sole responsibility of the paying agents and shall be carried out in accordance with these implementing measures and applicable national law.’.

15.

Article 41 is amended as follows:

16.

Article 42 is replaced by the following:

‘Article 42

Extraordinary expenses

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, as 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 33(4). Paying agents shall submit to the relevant department applications for defrayal of such expenses, duly countersigned by the Member.’.

17.

Article 44 is amended as follows:

18.

Article 78 is amended as follows:

(a)

Article 1, points 1(a), 13, 15(a) and 18(b), which shall apply from 14 July 2009;

(b)

Article 1, points 4(a) (in so far as it relates to Article 14, point (a) of the Implementing Measures), 10(a) and (b) (in so far as it relates to Article 22(2a) and (2c) of the Implementing Measures), 11 (in so far as it relates to Article 23(2) of the Implementing Measures), 12, 14 and 16, which shall apply from 1 January 2010.

6.7.2010   

EN

Official Journal of the European Union

C 180/7