Rules of Procedure and Code of Conduct for members of the European Economic and Social Committee (MAY 2022)

1 This Code of Conduct shall apply to the members of the Committee. As decided by the bureau of the European Economic and Social Committee of October 2020, the revision of this code will result in the adaptation of all relevant texts, such as the Members' Statute, the EESC's Rules of procedure and any other text as appropriate. It shall also apply, mutatis mutandis, to delegates of consultative commissions, alternates and experts, except for Articles 1(2), 7(3) and 10 of this Code which are applicable only to the members of the Committee.

2 The members of the Committee are not bound by any mandatory instructions. They are completely independent in the performance of their duties, in the Union's general interest.

3 Members shall conduct themselves in accordance with the Treaties and the law deriving therefrom. Their relations with organisations or interest groups shall be compatible with the need to preserve their independence.

4 Members shall be guided by and observe the following general principles of conduct: integrity, openness, diligence, honesty, accountability, respect for others and respect for the Committee's reputation.

5 In accordance with Articles 2 and 3 of the Treaty on European Union, and with the Charter of Fundamental Rights of the European Union, the members shall ensure, in the performance of their duties, the promotion, effective protection and respect of fundamental rights and values such as human dignity, non-discrimination, tolerance, freedom, solidarity, the principle of the rule of law and gender equality.

6 In performing their tasks, members shall commit themselves to building the best possible consensus in a spirit of mutual respect.

7 In exercising their duties, the members shall act solely in the general interest and shall refrain from obtaining or seeking to obtain any direct or indirect financial benefit or other reward.

8 In any case where a member, whether intentionally or through negligence, fails to comply with his or her obligations or obtains, or seeks to obtain, in the exercise of their duties as members, any direct or indirect financial benefit or other reward, he or she shall be subject to the measures provided for in this Code.

1 The conduct of members shall be characterised by mutual respect and shall be based on the values and principles laid down in the Treaties, and particularly in the Charter of Fundamental Rights.

2 Members shall commit themselves to respecting the Committee, as well as the dignity of members and staff, and to preserving its reputation.

3 Members shall not compromise the smooth conduct of Committee business and shall not compromise the maintenance of security and order on the Committee's premises or the functioning of its equipment.

4 Members shall not disrupt the good order of sessions or meetings and shall refrain from improper behaviour. They shall not resort to defamatory, racist, sexist, homophobic, xenophobic or offensive language or behaviour.

5 The application of this rule shall not otherwise detract from the liveliness of debates, nor shall it undermine the members' freedom of speech.

6 After ceasing to hold office, former members shall continue to be bound by ethical standards of integrity and discretion. Former members shall not lobby members or staff on behalf of their own business, that of their employer or client, on matters for which they are holding important positions or writing reports for a period of two years after ceasing to hold office.

1 Members shall refrain from any unauthorised disclosure of sensitive information defined as such, received in the exercise of their duties, unless that information has already been made public or is accessible to the public.

2 They shall continue to be bound by this obligation after leaving the Committee.

1 In exercising their duties, members shall behave in accordance with the rules and obligations laid down in this Code of Conduct, with dignity and respect and without prejudice or discrimination.

2 Members shall behave in a professional manner and shall refrain, in their relations with other members as well as with staff, from degrading or insulting behaviour, using offensive or discriminatory language or any other actions which are unethical, demeaning or unlawful.

3 Members shall not incite or encourage other members or staff to violate, circumvent or ignore the legislation in force, the Committee's internal rules or this Code, or accept such behaviour by staff under their responsibility.

4 With the aim of ensuring that the Committee functions effectively, members shall seek to ensure, exercising appropriate discretion, that any disagreements or conflicts involving other members or staff under their responsibility are handled promptly, fairly and effectively.

1 Members shall refrain from any type of psychological or sexual harassment 1.

2 Where necessary, members shall cooperate promptly and fully with the procedures in place for managing situations of conflict or harassment (psychological, physical or sexual), including responding promptly to any allegations of harassment.

3 Members shall be offered, and encouraged to take part in, specialised training organised for them on preventing conflict and harassment in the workplace and on prevention of any misconduct or behaviour which would be contrary to European values.

1 Members are entitled to allowances as determined by the Council, but do not receive any remuneration from the Committee.

2 Missions or activities that are partially or totally reimbursed by a third party shall not be the subject of double reimbursement by the Committee. If a mission or activity is partially or totally reimbursed by a third party after having been reimbursed by the Committee, the member shall promptly inform the general secretariat and return the reimbursement to the Committee, up to the amount received from the third party.

3 In the performance of their duties, members shall refrain from accepting any gifts or benefits with a value of more than EUR 150. When, in accordance with diplomatic and courtesy usage, they receive gifts worth more than this amount, they shall hand them over to the general secretariat when they attend the next meeting of the Committee after their receipt. The president shall decide whether such gifts, as well as gifts of the same value given directly to him or her, become the property of the Committee or are donated to a suitable charitable organisation. The general secretariat shall keep a register of gifts with a value of more than EUR 150, which shall be publicly available if requested.

4 Members shall comply with all of the Committee's financial rules that are applicable to them.

1 Members shall, in accordance with the principle of transparency, submit a declaration of their financial interests to the president upon taking up their duties. Declarations shall be re-submitted on an annual basis on 1 January, and in case of a change in the information to be declared during a member's term of office, a new declaration shall be submitted at the earliest opportunity and at the latest within two months of the change in question.

2 The declaration of financial interests shall contain the information listed in Article 5a of the Members' Statute.

3 Members of the Committee may not be elected as officeholders of the Committee or of one of its bodies, be appointed as a rapporteur or participate in missions or activities if they have not submitted or updated their declaration of financial interests.

4 Delegates of consultative commissions, alternates and experts shall not be entitled to receive any allowances from the Committee before submitting or updating their declaration of financial interests.

5 If the president receives information which leads him or her to believe that the declaration of financial interests of a member is substantially incorrect or out of date, or could reasonably lead to incompatibility with the members' obligations as laid down in this Code of Conduct, the president may consult the ethical committee. Where appropriate, the president shall request the member to correct his or her declaration within 10 working days.

6 The bureau, after having received in writing the opinion of the ethical committee, shall, not earlier than 14 days later, hear the member concerned, assisted if so desired by another person, and may adopt a decision applying paragraph 3 or 4, as applicable, to members who do not comply with the president's correction request. The bureau shall hear the member concerned, either orally or in writing, before adopting the decision, which shall be reasoned.

1 Members shall avoid any situation liable to give rise to a conflict of interests or which may objectively be perceived as a conflict of interests.

2 A conflict of interests exists where a member has a personal interest that may conflict with the interests of the Union or could improperly influence the performance of his or her duties as a member. A conflict of interests does not exist where a member benefits only as a member of the general public or of a broad class of persons.

3 For the purposes of paragraph 2, a conflict of interests arises where a personal interest may influence the independent performance of their duties. Personal interests include, but are not limited to, any potential benefit or advantage to members themselves, their spouses, partners or direct family members.

4 In cases of ambiguity, the member may seek advice in confidence from the ethical committee, under Article 9(2)(a).

5 Any member who finds that he or she has a conflict of interests, or is in a situation which may objectively be perceived as such, shall immediately take the necessary steps to address it, in accordance with the principles and provisions of this Code. If the member is unable to resolve the conflict of interests, or the situation that may be perceived as a conflict of interests, he or she shall cease all activity on the matter and shall report this to the president in writing.

6 The president shall decide, after consulting the ethical committee, whether the member shall cease definitively all activity on the matter.

7 Members who do not comply with their obligations to disclose or declare a conflict of interests or a situation which may objectively be perceived as a conflict of interests, who do not address it or, being unable to resolve it, do not cease all activity on the matter, could be subject to the measures of this Code.

1 An ethical committee is hereby established.

2 The functions of the ethical committee are the following: a) Members may consult the ethical committee on any matters related to this Code; in turn, the ethical committee may seek advice from the Committee's legal service. Upon request by a member, the ethical committee shall give him or her, in confidence and within 30 calendar days, guidance on the interpretation and implementation of the provisions of this Code. b) Following a complaint submitted in accordance with Article 11(1), the ethical committee shall also assess alleged breaches of ethical standards set in this Code and advise the president on possible steps to be taken. c) The ethical committee shall advise the president and the bureau, upon request, on the interpretation and implementation of the provisions of this Code.

3 The ethical committee may, after consulting with the president unless he or she has a conflict of interests, seek advice from experts.

4 The ethical committee shall publish an annual report of its work, duly anonymised.

5 The ethical committee shall propose its own rules of procedure, to be adopted by the bureau.

1 On a proposal from the bureau, the assembly shall elect, for each two-and-a-half-year period, six members of the Committee, two (of different genders) from each of the three groups, as full members of the ethical committee.

2 On a proposal from the bureau, the assembly shall also appoint, for the same period, six members of the Committee, two (of different genders) from each of the three groups, as reserve members for the ethical committee. Reserve members shall replace a full member in the work of the ethical committee if a full member cannot attend or if he or she is involved in a case of conflict of interests.

3 The mandate of full and reserve members of the ethical committee is renewable.

4 The position of member of the ethical committee is incompatible with that of member of the following bodies: the bureau of the Committee; the audit committee; the quaestors' group.

5 Each group of the ethical committee shall serve as chair for two and a half years on a rotating basis among the three groups. In the event of a tie in a vote, the chair will have a casting vote.

6 Any member of the ethical committee shall recuse him or herself from participating in a procedure if he or she finds he or she has a conflict of interests or is in a situation which may objectively be perceived as a conflict of interests by a third party. If, in a procedure, a member of the ethical committee is called into question by another member of the ethical committee, his or her participation in the procedure may be refused by a majority vote of the ethical committee. The member called into question shall not be present at the vote.

7 In the event of an alleged breach of ethical standards by a full or reserve member of the ethical committee, the member concerned shall refrain from taking part in the proceedings relating to the alleged breach and shall be immediately replaced by a reserve member. If, at the end of the procedure, the president concludes that the member concerned has breached ethical standards and the sanction adopted is other than a written warning, the member shall cease to be a full or reserve member of the ethical committee. In such a case, the president shall appoint a replacement member for the remaining period of the two-and-a-half-year mandate. The appointment shall be confirmed by the assembly at the following session.

8 The members of the ethical committee have a duty of confidentiality.

9 The members of the ethical committee shall be provided, at the beginning of their mandate, with appropriate, mandatory training.

1 Any person, member or employee, can submit a complaint to the ethical committee concerning the behaviour of a member. Allegations shall be supported by sufficient prima facie evidence to justify the initiation of an investigation.

2 The ethical committee shall inform the president of the Committee of the receipt of the complaint, except where the President is him or herself the subject of the complaint.

3 The president shall transmit to OLAF, without delay, any information or evidence related to members that comes to his or her attention and needs to be transmitted to OLAF under the administrative arrangements signed with the office.

4 Whistleblowers recognised as such shall have the rights to confidentiality, protection, prohibition of retaliation and measures of support provided for by EU law, including the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union , national law and the internal EESC rules, as applicable.

1 Without prejudice to Article 17, where the ethical committee considers that there is a reason to think that a member may have breached the ethical standards set in this Code, it shall open an investigation. The ethical committee shall promptly inform the president and the member concerned that an investigation has been opened, provided this is not harmful to the investigation or to potential evidence.

2 The ethical committee shall examine the circumstances of the alleged breach and shall hear the member concerned, either orally or in writing. The member concerned may be assisted by a lawyer or a person of his or her choice.

3 The ethical committee shall have investigation powers and shall call any witnesses (members, staff or third parties) it may consider necessary or useful to hear in the framework of the investigation. The ethical committee shall be provided with all existing evidence, including correspondence, and shall receive any piece of information it may consider necessary or useful.

4 Members and former members shall cooperate promptly and fully with the ethical committee by providing all the relevant additional information needed. Members shall not lobby the ethical committee, the president or the bureau in a manner calculated to influence their consideration of the matter.

5 On the basis of its conclusions, the ethical committee shall make a reasoned report to the president containing recommendations on a possible decision that may include penalties when appropriate. The report is sent to the member in question at the same time.

1 The president shall adopt a reasoned decision on the basis of the report of the ethical committee, after having notified the member concerned of all evidence in the file and the recommendations of the ethical committee, and after having heard the member concerned, either orally or in writing, with the member's legal advisor if the member requests it.

2 In the reasoned decision, the president may: a) decide that no case has been made against the member; or b) if the president concludes that the member concerned has breached the ethical standards set in this Code, adopt a decision imposing a penalty pursuant to Article 14.

3 The president shall promptly notify the reasoned decision to the member concerned.

4 In the event of an alleged breach of ethical standards by the president of the Committee, he or she shall not take part in the proceedings and shall be replaced by the vice-president that chairs the commission for financial and budgetary affairs, who shall assume the functions of the president for that specific procedure.

1 When assessing the conduct observed, the severity of the penalties imposed shall be proportionate to the seriousness of the misconduct and to the member's hierarchical position. To determine the seriousness of the misconduct and to decide upon the penalty to be imposed, account shall be taken in particular of: a) the nature of the misconduct and the circumstances in which it occurred; b) the extent to which the misconduct adversely affects the physical and/or moral integrity of members and/or staff, the reputation and/or the interests of the Committee or the European Union; c) the extent to which the misconduct involves intentional actions or negligence, as well as the degree of the member's hierarchical responsibility; d) the level of the member's duties and responsibilities, as well as the member's hierarchical position over the victims of the misconduct; e) the level of damage inflicted on the physical or moral integrity of the victim or victims; and f) whether the misconduct involves repeated action or behaviour.

2 According to the degree of severity of the member's behaviour, the penalty may consist of one or more of the following measures: a) a written warning (which can be made public); b) a reprimand (which can be made public); c) temporary forfeiture of entitlement to the daily subsistence allowance for a period of between two and 30 meeting days, according to the gravity of the misconduct; d) without prejudice to the right to vote in plenary, temporary suspension from participation in all or some of the activities of the EESC or its bodies, in missions or in activities for a period of between two and 30 meeting days; e) prohibition from representing the EESC on any national, inter-institutional or international forums, for up to one year; f) in the case of a breach of confidentiality, a limitation on the rights to access confidential or classified information for up to one year.

3 In addition, the president may, in accordance with the procedure laid down in Article 16, submit a proposal to the bureau for: g) the temporary suspension of the member from one or more of the offices held by that member in the Committee, for up to one year; h) the removal of the member from one or more of the offices held by that member in the Committee; or i) calling upon the Council to remove the member from the Committee.

4 The time period of the measures laid down in paragraphs 2 and 3, points c) to f) and g) of this Article may be doubled in the case of repeated breaches, or if the member refuses to comply with one of the ancillary measures laid down in paragraph 5.

5 In addition to the penalties laid down in paragraphs 2 and 3, the following ancillary measures may be applied: i. requiring the member to take action to regularise his or her position; ii. requiring the member to make a personal statement of apology (privately, to a specific person, or publicly, in the plenary); iii. requiring the member to repair any damage.

1 The member concerned may lodge an internal appeal with the bureau within two weeks of notification of the penalty imposed by the president by virtue of Article 14(2), (4) and (5). The appeal shall have the immediate effect of suspending the application of the penalty.

2 The bureau shall hear the member concerned, either orally or in writing, before adopting a decision. The bureau may, not later than four weeks after the lodging of the appeal or, if it does not meet in that period, at its next meeting, annul, confirm or modify the penalty imposed.

3 The member concerned may bring an action for annulment before the Court of Justice of the European Union within two months of the notification of the final decision or within two months of the date on which the bureau should have taken its decision, pursuant to Article 263 of the Treaty on the Functioning of the European Union.

1 In accordance with his or her reasoned decision, the president may submit a proposal to the bureau pursuant to Article 14(3).

2 The bureau, acting by a majority of two-thirds of the votes cast, may propose to the assembly suspending or bringing to an end the term of office of the president, a vice-president, a president of a group, a member of the bureau, a quaestor, a president or vice-president of a section or any other officeholder elected within the Committee, where it considers that the member in question has been guilty of serious misconduct. Exceptionally, the bureau may propose to the assembly the expulsion of the member from the Committee. The bureau shall hear the member concerned, either orally or in writing, before making a proposal to the assembly pursuant to this Article.

3 The assembly shall take a decision on the proposal by a majority of two-thirds of the votes cast, constituting a majority of its component members. The assembly shall hear the Committee president's reasoned report, then the member concerned, either orally or in writing, before the decision is adopted. If a decision of expulsion is adopted, it shall be notified to the Council, so that it initiates the replacement procedure.

4 The member concerned may bring an action for annulment before the Court of Justice of the European Union within two months of the notification of the decision of the assembly, pursuant to Article 263 of the Treaty on the Functioning of the European Union.

1 The common rules laid down in the interinstitutional agreement concerning internal investigations by the European Anti-Fraud Office (OLAF), comprising the measures that are needed to facilitate the smooth running of investigations conducted by OLAF, shall be applicable.

2 Where the Committee is aware of possible cases of fraud, corruption or any other illegal activities detrimental to the interests of the European Union and OLAF has either not yet been informed or not yet taken a decision on whether or not to open an investigation, the ethical committee shall not open an investigation into the same facts, unless agreed otherwise with OLAF. It will suspend any procedure relating to the case and avoid undertaking any activities which may compromise potential evidence and OLAF's investigation.

The president shall be responsible for the full and correct application of this Code. Within the framework of application of this Code, the president may at any time refer to the ethical committee for advice on any matter.