52000SC2077

Proposal for an Agreement between the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions establishing an Advisory Group on Standards in Public Life

(presented by the Commission)

EXPLANATORY MEMORANDUM

In its White Paper on Administrative Reform [1] adopted on 1 March 2000 the Commission stressed the key principles of a service-oriented European Public Administration: independence, responsibility, accountability, efficiency and transparency.

[1] COM (2000) 200 final

In action n° 1 of the White Paper's Action Plan, the Commission committed itself to proposing an agreement between European institutions and bodies for an advisory body on standards in public life.

This commitment responds positively to a request by the European Parliament, which originates from recommendations developed by the Committee of Independent Experts in its 2nd Report of 10 September 1999. This Committee, for its part, had built its recommendation on extensive work on ethics in public life undertaken by the OECD.

In order to implement action n° 1 of the White Paper on Administrative Reform, the Commission has approved the present proposal for an agreement between European institutions and bodies, which will be transmitted to the European Parliament, the Council, the Court of Justice, the Court of Auditors as well as the Economic and Social Committee, and the Committee of the Regions.

Proposal for an Agreement between the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions establishing an Advisory Group on Standards in Public Life

Article 1

Purpose

The European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions, hereinafter referred to as 'the Parties', hereby establish an Advisory Group on Standards in Public Life, hereinafter referred to as 'the Group'.

Article 2

Remit and requests for Opinions

The task of the Group shall be to provide advice on standards of professional ethics relating to the functioning of the Parties. Advice shall be given on general principles of professional ethics following a request from a Party.

Each Party may request an opinion from the Group on standards of professional ethics in respect of general matters which relate to its own activities. The advice of the Group shall not concern matters relating to named or identifiable individuals.

The Party seeking advice from the Group shall set a time limit within which the opinion shall be given.

Article 3

Co-operation between the Parties and the Group

The Parties shall co-operate fully with the Group, in particular by providing the necessary background information.

Article 4

Composition

(1) The Group shall consist of five members appointed for their competence and professional qualities.

(2) Appointment as a member shall require, in particular, independence, an impeccable record of professional behaviour as well as a sound knowledge of the existing legal framework and the working methods of the Parties.

Article 5

Appointment

The members of the Group shall be appointed by common agreement of the Parties. The appropriate geographical and gender balance shall be sought.

Article 6

Term of office

Members of the Group shall be appointed for a term of three years. This term shall be renewable once.

Article 7

Chair

The Group shall elect a chairperson from among its members.

Article 8

Deliberations

(1) The Group shall be convened by the chairperson.

(2) The Group may invite representatives of the Parties, or others whose advice may be required, to be heard.

Article 9

Opinions

(1) Where an Opinion is not adopted unanimously, it shall include any dissenting point of view.

(2) Every Opinion shall be published immediately after its adoption.

Article 10

Rules of procedure

The Group shall adopt its Rules of Procedure.

Article 11

Reimbursement of expenses

Travel and subsistence expenses for the Group's meetings shall be covered jointly by the Parties in accordance with the relevant administrative rules.

Article 12

Secretariat

The Parties shall provide the Group with a secretariat.

Fait à Bruxelles, le

Par la Commission

FINANCIAL STATEMENT

1. Title of operation

Proposal for an Agreement between the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions establishing an Advisory Group on Standards in Public Life.

2. Budget heading(s) involved

A-7030

3. Legal basis

Autonomous competence of the Commission to define its own working methods and to conclude agreements related to the functioning of the European institutions and bodies.

4. Description of operation

4.1 General objective

The Advisory Group will provide advice on ethical standards relating to the functioning of the European bodies. Advice will be given on general principles of ethical behaviour.

4.2 Period covered and arrangements for renewal

The agreement itself will have an unlimited duration. The Advisory Group will start its actual work once the agreement has been signed and its members have been appointed. Their term of office is limited to three year, but members can be re-appointed once.

5. Classification of expenditure or revenue

5.1 Compulsory/Non-compulsory expenditure

5.2 Differentiated/Non-differentiated appropriations

5.3 Type of revenue involved

None

6. Type of expenditure or revenue

- Administrative expenditure. It should be noted that the Commission will propose that all costs involved are to be covered jointly by the European bodies that sign the agreement. The actual break-down will depend on the number of participating bodies as well as on the resources these will make.

7. Financial impact

7.1 Method of calculating total cost of operation (relation between individual and total costs)

7.2 Itemised breakdown of cost

Commitment appropriations EUR million (at current prices)

>TABLE POSITION>

7.3 Operational expenditure for studies, experts etc. included in Part B of the budget

Commitment appropriations EUR million (at current prices)

>TABLE POSITION>

7.4 Schedule of commitment and payment appropriations

EUR million

>TABLE POSITION>

8. Fraud prevention measures

- Specific control measures envisaged

9. Elements of cost-effectiveness analysis

9.1 Specific and quantified objectives; target population

- Specific objectives: the Advisory Group will produce, at the request of the parties to the agreement, opinions on ethical standards in the European bodies. If appropriate, these will take the form of recommendations for the improvement of existing rules (e.g. codes of conduct).

- Target population: the target group consists of public office holders and officials in the European bodies, which are - together with the general public - the end-beneficiaries of the action.

9.2 Grounds for the operation

In its White Paper on Administrative Reform adopted on 1 March 2000 the Commission stressed the key principles of a service-oriented European Public Administration: independence, responsibility, accountability, efficiency and transparency.

In action n° 1 of the White Paper's Action Plan, the Commission committed itself to proposing an agreement between European institutions and bodies for an advisory body on standards in public life.

This commitment responds positively to a request by the European Parliament (Resolution of 19 January 2000), which is rooted in recommendations developed by the Committee of Independent Expert's in its 2nd Report of 10 September 1999. This Committee, for its part, had built its recommendation on extensive work on ethics in public life undertaken in the OECD.

9.3 Monitoring and evaluation of the operation

- The following performance indicators will be used:

- output indicators (measurement of resources employed): Opinions to be produced by the Advisory Group

- impact indicators (measurement of performance against objectives): Changes in and amendments to the existing rules of ethical behaviour (codes of conduct) further to recommendations by the Advisory Group. The results (quality of opinions, impact on existing framework) will be assessed after three year of operation (this period corresponding to the term of office of the members).

10. Administrative expenditure (Section III, Part A of the budget)

Requirements in terms of human and administrative resources must be covered within the annual allocation granted to the managing DG. As stated at point 6, the Commission will propose that all costs involved, including provision of staff for the secretariat of the Group, are to be covered jointly by the European bodies that sign the agreement. The actual break-down will depend on the number of participating bodies as well as on the resources these can make available out of the General Budget of the Communities. A definite Financial Statement will be re-submitted to the Commission for approval together with the finalised agreement as negotiated with the other European bodies (at the beginning of 2001).

The following information refers only to resources to be made available by the Commission..

10.1 Effect on the number of posts

>TABLE POSITION>

10.2 Overall financial impact of additional human resources

None, ½ permanent A will be redeployed from other activities

EUR

>TABLE POSITION>

10.3 Increase in other administrative expenditure as a result of the operation

EUR

>TABLE POSITION>

This amount corresponds to the expenditure for 12 months, as the duration of the operation is indefinite.

NB: This is a first estimate (see n°10)