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   The  Governments of the Member States and the Commission of the  European
   Communities were represented as follows:

   Belgium:
   Mr Willy CLAES              Minister for Foreign Affairs

   Denmark:
   Mr Niels HELVEG PETERSEN    Minister for Foreign Affairs
   Mr Jorgen ØSTRØM MØLLER     State Secretary for Foreign Affairs

   Germany:
   Mr Klaus KINKEL             Federal Minister for Foreign Affairs
   Ms Ursula SEILER-ALBRING    Minister of State, Foreign Affairs

   Greece:
   Mr Theodoros PANGALOS       Deputy Minister for Foreign Affairs
   Mr Georges ROMAIOS          State Secretary for the National Economy

   Spain:
   Mr Javier SOLANA            Minister for Foreign Affairs
   Mr Carlos WESTENDORP        State   Secretary  for  Relations  with   the
                               European Communities

   France:
   Mr Alain JUPPE              Minister for Foreign Affairs

   Ireland:
   Mr Dick SPRING              Minister for Foreign Affairs
   Mr Tom KITT                 Minister  of State at the Department  of  the
                               Taoiseach  with  special  responsibility  for
                               European Affairs

   Italy:
   Mr Beniamino ANDREATTA      Minister for Foreign Affairs
   Mr Paolo BARATTA            Minister for Foreign Trade
   Mr Carmelo AZZARA           State Secretary for Foreign Affairs

   Luxembourg:
   Mr Jacques POOS             Minister for Foreign Affairs

   Netherlands:
   Ms Yvonne VAN ROOY          Minister for Foreign Trade
   Mr Piet DANKERT             State Secretary for Foreign Affairs

   Portugal:
   Mr José Manuel DURAO BARROSO   Minister for Foreign Affairs
   Mr Vitor MARTINS            State Secretary for European Affairs

   United Kingdom:
   Mr Douglas HURD             Secretary   of   State   for   Foreign    and
                               Commonwealth Affairs
   Mr David HEATHCOAT-AMORY    Minister  of State, Foreign and  Commonwealth
                               Office

                                     - + -

   Commission:
   Mr Jacques DELORS           President
   Sir Leon BRITTAN            Vice-President
   Mr João DE DEUS PINHEIRO    Member
   Mr Hans VAN DEN BROEK       Member

   INTERINSTITUTIONAL CONFERENCE - LUXEMBOURG, 25 OCTOBER 1993

   At an interinstitutional conference held in Luxembourg at the  invitation
   of the President of the Council, attended by:

   -  a  delegation from the European Parliament, led by the  President,  Mr
      Egon Klepsch,
   -  the Council, under the Presidency of Mr Willy Claes
   -  the Commission, represented by Mr João de Deus Pinheiro,

   the  following documents (1) were approved, subject to completion of  the
   internal
   procedures peculiar to each Institution:

   -  an  interinstitutional  Declaration  on  democracy,  transparency  and
      subsidiarity;

   -  a  draft interinstitutional Agreement on procedures  for  implementing
      the principle of subsidiarity;

   -  a   draft  Decision  of  the  European  Parliament  laying  down   the
      regulations  and general conditions governing the performance  of  the
      Ombudsman's duties;

   -  a  text  on  arrangements  for the  proceedings  of  the  Conciliation
      Committee under Article 189b of the Treaty (co-decision procedure).

   The   interinstitutional  Declaration  on  democracy,  transparency   and
   subsidiarity  initialled  today will be signed at  the  European  Council
   meeting in Brussels on 29 October 1993.

   Those  attending  the conference stressed the importance of  the  outcome
   attained,  which  demonstrated  the desire of  the  Institutions  of  the
   European Union to come closer to the citizens of Europe and to strengthen
   democracy and the transparency of the Institutions.

   PREPARATION FOR THE EUROPEAN COUNCIL MEETING ON 29 OCTOBER 1993

   The   Council   prepared  the  likely  topics  for  discussion   at   the
   extraordinary European Council meeting on Friday of that week, viz:
   -  implementation of the Treaty on the Union;
   -  enlargement of the Community;
   -  growth and employment in the Community.
      (It  should  be noted that the preparation of the  European  Council's
      discussion of the question of the seats to be established for  certain
      Community  bodies and agencies - in particular for the EMI - is  being
      dealt with by the President of the European Council).

   Implementation of the Treaty on the Union

   For  its  discussion  of this first topic, the Council had  before  it  a
   report  summarizing  the progress to date in preparing the  necessary  or
   desirable provisions for implementing the Maastricht Treaty.

   
   (1)  The    texts   in   question   are   set   out   in    the    annex.

   The proceedings covered in particular the following chapters:

   -  Democracy,  transparency  and  subsidiarity (in this  context  see  in
      particular  the  outcome of the Interinstitutional  conference  on  25
      October, as set out in this Press Release: on page 3 and pages 8 and 9
      of the Annex);

   -  Citizenship  (political  agreement  was reached on 4  October  on  the
      provisions regarding the right to vote and to stand as a candidate  in
      elections to the European Parliament);

   -  Economic and monetary union (see the outcome of the ECO/FIN Council on
      25 October in Press Release 9281/93 Presse 170, pages 3-5);

   -  From  political  co-operation  to  the CFSP -  On  this  subject,  the
      Presidency document highlights six aspects of particular importance in
      the pursuit of the objectives of the Union as set out in the Treaty on
      European Union, viz:

      = the  development of an active policy in the pursuit of the  interest
        of the Union;

      = unity and consistency in its external action;

      = inclusion of all matters related to the security of the Union;

      = decisions of the Union committing Member States;

      = unity in the presentation of the Union's policy to the outside world
        and prominence of the Union as an actor on the international scene;

      = efficiency in the decision-making procedure.

      The  document stresses that two elements are essential in the  pursuit
      of these objectives:

      = the "single institutional framework";

      = the effective mobilization of the resources of the Member States and
        the  Community  in a joint effort to promote the objectives  of  the
        Union.

      Four  annexes  to  the Presidency document also contain  a  number  of
      practical  measures which will be implemented as from the  entry  into
      force of the Union Treaty with respect to CFSP instruments and bodies,
      its relations with the European Parliament and with the WEU.

      As  regards  one of the most significant innovations under  the  CFSP:
      joint  action  -  the Council recommended  that,  on  29 October,  the
      European Council signify a number of areas which should be the subject
      of priority joint action.

   -  The area of Justice and Home Affairs - In this area too the Presidency
      document  makes  provision,  on the basis of what  has  hitherto  been
      achieved  under  the major work programmes such as  the  Palma  report
      (1989), the Trevi action programme (1990), the European Plan to Combat
      Drugs (1989)  and  the programmes concerning  asylum  and  immigration
      (Maastricht,  1991), for integration within the  single  institutional
      system   of  the  Union,  with  the  resulting  improvement   in   the
      effectiveness  of  co-operation,  an  increase  in  transparency   and
      democratic control.

   Following  its discussions, the Council endorsed the Presidency  document
   and agreed to forward it to the European Council.

   Enlargement

   The  inclusion  of  the  enlargement  issue  on  the  European  Council's
   programme  of  work  should  allow it inter alia to  take  stock  of  the
   progress  being made in the negotiations and to give an impetus to  their
   continuation.

   Growth and employment

   In this area, the European Council will be informed, on the basis of  the
   ECO/FIN Council's proceedings, of developments with the implementation of
   the  growth  initiative  both Community-wide and nationally  and  on  the
   progress  of  the  Commission's proceedings on  the  White  Paper.  These
   dossiers will form the centrepiece of the European Council's  discussions
   on 10 and 11 December this year.

   URUGUAY ROUND

   The Council heard an oral report from the Commission on the current state
   of the Uruguay Round negotiations and comments by delegations.

   In  the light of its conclusions on 20 September and 4 October, which  it
   confirmed,  the Council stressed the importance of achieving  significant
   progress  at an early date in the negotiations being held in  Geneva  and
   appealed  to the other partners to the negotiations to make  a  practical
   contribution  in  the  form of appropriate offers,  to  speeding  up  the
   negotiating  process which was necessary if they were to be concluded  by
   the deadline.

   The Council will hold an in-depth exchange of view at its next meeting on
   8  and  9 November on the basis of a written report from  the  Commission
   with  a  view  to discussing the guidelines for the final  phase  of  the
   negotiations.

   FORMER YUGOSLAVIA

   Lord  Owen  reported  to the Ministers on his  information  tour  of  the
   capitals.  The  Ministers exchanged views on the situation in the  former
   Yugoslavia and the prospects for negotiation.  They firmly condemned  the
   attacks  on humanitarian convoys and deplored the ensuing loss  of  life.
   They  took  note  of the decision of the United  Nations  authorities  to
   suspend  humanitarian  aid supplies to Central  Bosnia.  They  agreed  to
   return to this question at the extraordinary European Council meeting  on
   29 October.

   PEACE PROCESS IN THE MIDDLE EAST

   The  President of the Council reported on his recent visit to  Tunis  and
   his  talks with Mr Arafat.  The Ministers prepared for the  meeting  they
   would be holding with Mr Arafat on 8 November.  They agreed to stress  at
   that meeting the efforts the Community and its Member States had made  to
   support  the  peace process and to highlight the need for  effective  and
   speedy aid for the Palestinian institutions to be set up in the  Occupied
   Territories.

   ANNEX

   INTERINSTITUTIONAL    DECLARATION   ON   DEMOCRACY,   TRANSPARENCY    AND
   SUBSIDIARITY

   1.   The  European  Parliament,  the  Council  and  the  Commission,   as
        Institutions of the European Union will, within the framework of the
        legislative procedure, respect in full the democratic principles  on
        which  the systems of government of the Member States are based  and
        they reaffirm their attachment to the implementation of transparency
        by the Institutions.

   2.   As  soon  as  Parliament has adopted its resolution  on  the  annual
        legislative  programme proposed by the Commission, the Council  will
        state  its position on the programme in a declaration and  undertake
        to implement as soon as possible the provisions to which it attaches
        priority,  on  the  basis  of formal  Commission  proposals  and  in
        compliance with the procedures laid down by the Treaties.

   3.   In  order  to  increase  the  transparency  of  the  Community,  the
        Institutions  recall the measures which they have already  taken  in
        this direction:

        The  European  Parliament,  in amending its Rules  of  Procedure  on
        15 September 1993,  has confirmed the public nature of  meetings  of
        its Committees and of its plenary sittings.

        The Council has agreed to take steps to:

      - open some of its debates to the public;
      - publish records and explanations of its voting;
      - publish  the common positions which it adopts under  the  procedures
        laid  down in Articles 189b and 189c, and the statement  of  reasons
        accompanying them;
      - improve  information  for the press and the public on its  work  and
        decisions;
      - improve general information on its role and activities;
      - simplify and consolidate Community legislation in co-operation  with
        the other Institutions;
      - provide access to its archives.

        The Commission has already taken or is in the process of taking  the
        following measures:

      - wider  consultations  before  presenting  proposals,  in  particular
        publication  of  Green or White Papers on the topics listed  in  the
        1993 legislative programme;

      - flagging  in the legislative programme of upcoming  proposals  which
        would   appear   to  be  suitable   for   wide-ranging   preliminary
        consultations;

      - introduction   of  a  notification  procedure,  consisting  of   the
        publication  in  the  Official Journal of a  brief  summary  of  any
        measure planned by the Commission, with the setting of a deadline by
        which interested parties may submit their comments;

      - publication  of  work programmes and legislative programmes  in  the
        Official Journal to publicize action planned by the Commission;

      - finalization  of  the  work  programme by October  with  a  view  to
        enhancing openness;

      - publication   in  the  legislative  programme  of  plans   for   the
        consolidation of Community legislation;

      - provision  of  easier  public  access  to  documents  held  by   the
        Commission with effect from 1 January 1994;

      - improving  knowledge of existing databases and their  accessibility,
        including improving the existing relay network;

      - publication each week in the Official Journal of lists of  documents
        on  general  topics; wider public access to  documents  on  specific
        topics;

      - preparation of an interinstitutional yearbook giving details of each
        institution's organization chart;

      - faster   publication  of  Commission  documents  in  all   Community
        languages;

      - adoption  of a new information and communication policy occupying  a
        larger  place  in Commission activities; enhanced  co-ordination  of
        information activities both inside and outside the Commission;

      - adoption  of additional measures to facilitate the general  public's
        understanding  of  Commission  business,  in  particular  by  making
        available  the  necessary  resources  and  equipment  to  provide  a
        suitable response to requests from the media;

      - improvement  in  the  treatment  of  telephone,  mail  and  personal
        contacts between citizens and the Commission;

      - promotion  of  the  establishment  of  self-regulation  by   special
        interest  groups  by asking them to draft a code of  conduct  and  a
        directory;

      - creation by the Commission of a database on special interest  groups
        as  an  instrument for use by the general public  and  by  Community
        officials.

   4.   for   reference:Interinstitutional  Agreement  on   procedures   for
        implementing the  principle of subsidiarity.

   5.   for reference:Draft Decision of the European Parliament laying  down
        the regulations and general conditions governing the performance  of
        the Ombudsman's duties.

   6.   for  reference:Arrangements for the proceedings of the  Conciliation
        Committee under Article 189b.

   7.   The three Institutions will adopt all these texts in accordance with
        their internal procedures.

                                     - + -

   The   agreements   established  at  the   Interinstitutional   Conference
   on 25 October 1993 are aimed at implementing the Treaty on European Union
   and  at strengthening the democratic, transparent nature of the  European
   Union.  They  may  be  added to or amended by  common  agreement  at  the
   initiative of any of the three Institutions.

   Done at Luxembourg, 25 October 1993

   For the European Parliament      For the Council     For the Commission

                                     - - -

                      Draft INTERINSTITUTIONAL AGREEMENT
        between the European Parliament, the Council and the Commission
                      on procedures for implementing the
                           PRINCIPLE OF SUBSIDIARITY

   THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION,

   Having  regard  to the Treaty on European Union signed in  Maastricht  on
   7 February 1992, and in particular Article B thereof,

   Having  regard to the Treaty establishing the European Community, and  in
   particular  Article 3b thereof, as resulting from the Treaty on  European
   Union,

   Having  regard  to the conclusions of the European  Council,  meeting  in
   Edinburgh, concerning subsidiarity, transparency and democracy;

   Have agreed on the following measures:

   I.   GENERAL PROVISIONS

   1. The  purpose  of  the procedures for  implementing  the  principle  of
      subsidiarity  shall  be  to  govern the manner  in  which  the  powers
      assigned  to the Community institutions by the Treaties, in  order  to
      enable  them to achieve the objectives laid down by the Treaties,  are
      exercised.

   2. Such procedures shall not call into question the acquis communautaire,
      the provisions of the Treaties concerning the powers conferred on  the
      institutions or the institutional balance.

   II.  PROCEDURES

   1. In exercising its right of initiative, the Commission shall take  into
      account  the  principle  of subsidiarity and show  that  it  has  been
      observed.  The European Parliament and the Council shall do  likewise,
      in  exercising the powers conferred on them by Articles 138b  and  152
      respectively of the Treaty establishing the European Community.

   2. The explanatory memorandum for any Commission proposal shall include a
      justification of the proposal under the principle of subsidiarity.

   3. Any  amendment which may be made to the Commission's text, whether  by
      the  European  Parliament  or the Council, must, if  it  entails  more
      extensive  or intensive intervention by the Community, be  accompanied
      by a justification under the principle of subsidiarity and Article 3b.

   4. The  three  institutions  shall,  under  their  internal   procedures,
      regularly  check  that action envisaged complies with  the  provisions
      concerning   subsidiarity  as  regards  both  the  choice   of   legal
      instruments  and the content of a proposal.  Such checks must form  an
      integral part of the substantive examination.

   III. REVIEW OF COMPLIANCE WITH THE PRINCIPLE OF SUBSIDIARITY

   1. Compliance with the principle of subsidiarity shall be reviewed  under
      the  normal Community process, in accordance with the rules laid  down
      by the Treaties.

   2. The  Commission  shall  draw  up an annual  report  for  the  European
      Parliament  and  the  Council  on compliance  with  the  principle  of
      subsidiarity.  The  European Parliament shall hold a public debate  on
      that report, with the participation of the Council and the Commission.

   IV.  FINAL PROVISIONS

   1. In  the  event of general difficulties concerning the  application  of
      this  Agreement,  the  President  of  the  European  Parliament,   the
      President  of  the  Council or the President  of  the  Commission  may
      request that an interinstitutional conference be convened in order  to
      overcome such difficulties or to supplement or amend this Agreement.

   2. This  Interinstitutional Agreement shall apply as from the entry  into
      force of the Treaty on European Union.

                                     DRAFT
                    DECISION OF THE EUROPEAN PARLIAMENT ON
                    THE REGULATIONS AND GENERAL CONDITIONS
              GOVERNING THE PERFORMANCE OF THE OMBUDSMAN'S DUTIES

   THE EUROPEAN PARLIAMENT,

   Having regard to the Treaties establishing the European Communities,  and
   in  particular  Article 138e(4) of the Treaty establishing  the  European
   Community,  Article 20d(4) of the Treaty establishing the  European  Coal
   and  Steel Community and Article 107d(4) of the Treaty  establishing  the
   European Atomic Energy Community,

   Having regard to the opinion of the Commission,

   Having regard to the Council's approval,

   Whereas the regulations and general conditions governing the  performance
   of  the Ombudsman's  duties should be laid down, in compliance  with  the
   provisions of the Treaties establishing the European Communities;

   Whereas  the  conditions under which a complaint may be referred  to  the
   Ombudsman  should be established as well as the relationship between  the
   performance  of  the  duties of Ombudsman  and  legal  or  administrative
   proceedings;

   Whereas the Ombudsman, who may also act on his own initiative, must  have
   access  to all the elements required for the performance of  his  duties;
   whereas  to  that end Community institutions and bodies  are  obliged  to
   supply  the  Ombudsman,  at his request, with any  information  which  he
   requests  of  them,  unless  there are  duly  substantiated  grounds  for
   secrecy,  and  without  prejudice to the Ombudsman's  obligation  not  to
   divulge  such  information; whereas the Member  States'  authorities  are
   obliged  to  provide the Ombudsman with all  necessary  information  save
   where  such information is covered by rules or regulations on secrecy  or
   by provisions preventing its being communicated; whereas if the Ombudsman
   finds  that the assistance requested is not forthcoming, he shall  inform
   the European Parliament, which shall make appropriate representations;

   Whereas  it is necessary to lay down the procedures to be followed  where
   the  Ombudsman's  enquiries reveal cases  of  maladministration;  whereas
   provision  should  also  be made for the submission  of  a  comprehensive
   report  by  the Ombudsman to the European Parliament at the end  of  each
   annual session;

   Whereas  the Ombudsman and his staff are obliged to treat  in  confidence
   any  information which they have acquired in the course of their  duties;
   whereas  the  Ombudsman  is, however, obliged  to  inform  the  competent
   authorities of facts which he considers might relate to criminal law  and
   which have come to his attention in the course of his enquiries;

   Whereas  provision  should be made for the  possibility  of  co-operation
   between the Ombudsman and authorities of the same type in certain  Member
   States, in compliance with the national laws applicable;

   Whereas it is for the European Parliament to appoint the Ombudsman at the
   beginning of its mandate and for the duration thereof, choosing him  from
   among persons who are Union citizens and offer every requisite  guarantee
   of independence and competence;

   Whereas  conditions  should  be  laid  down  for  the  cessation  of  the
   Ombudsman's duties;

   Whereas the Ombudsman must perform his duties with complete  independence
   and give a solemn undertaking before the Court of Justice of the European
   Communities  that  he  will  do so when taking  up  his  duties;  whereas
   activities incompatible with the duties of Ombudsman should be laid  down
   as should the remuneration, privileges and immunities of the Ombudsman;

   Whereas  provisions  should  be laid down  regarding  the  officials  and
   servants  of  the Ombudsman's secretariat which will assist him  and  the
   budget  thereof; whereas the seat of the Ombudsman should be that of  the
   European Parliament;

   Whereas it is for the Ombudsman to adopt the implementing provisions  for
   this Decision; whereas furthermore certain transitional provisions should
   be laid down for the first Ombudsman to be appointed after the entry into
   force of the Treaty on European Union,

   HAS DECIDED AS FOLLOWS:

                                   Article 1

   1.  The  regulations and general conditions governing the performance  of
   the  Ombudsman's  duties  shall  be as laid  down  by  this  Decision  in
   accordance  with Article 138e(4) of the Treaty establishing the  European
   Community,  Article 20d(4) of the Treaty establishing the  European  Coal
   and  Steel Community and Article 107d(4) of the Treaty  establishing  the
   European Atomic Energy Community.

   2.  The Ombudsman shall perform his duties in accordance with the  powers
   conferred on the Community institutions and bodies by the Treaties.

   3.  The  Ombudsman may not intervene in cases before courts  or  question
   the soundness of a court's ruling.

                                   Article 2

   1.  Within   the  framework  of  the  aforementioned  Treaties  and   the
   conditions  laid  down  therein,  the Ombudsman  shall  help  to  uncover
   maladministration  in  the activities of the Community  institutions  and
   bodies, with the exception of the Court of Justice and the Court of First
   Instance  acting in their judicial role, and make recommendations with  a
   view to putting an end to it.  No action by any other authority or person
   may be the subject of a complaint to the Ombudsman.

   2.  Any  citizen of the Union or any natural or legal person residing  or
   having his registered office in a Member State of the Union may, directly
   or through a Member of the European Parliament, refer a complaint to  the
   Ombudsman  in  respect  of  an  instance  of  maladministration  in   the
   activities of Community institutions or bodies, with the exception of the
   Court of Justice and the Court of First Instance acting in their judicial
   role.  The  Ombudsman shall inform the institution or body  concerned  as
   soon as a complaint is referred to him.

   3.  The  complaint  must allow the person lodging the complaint  and  the
   object  of  the  complaint  to be  identified;  the  person  lodging  the
   complaint may request that his complaint remain confidential.

   4.  A  complaint shall be made within two years of the date on which  the
   facts  on which it is based came to the attention of the  person  lodging
   the  complaint  and must be preceded by  the  appropriate  administrative
   approaches to the institutions and bodies concerned.

   5.  The Ombudsman may advise the person lodging the complaint to  address
   it to another authority.

   6.  Complaints  submitted to the Ombudsman shall not affect  time  limits
   for appeals in administrative or judicial proceedings.

   7.  When  the  Ombudsman,  because of legal proceedings  in  progress  or
   concluded  concerning  the  facts which have been  put  forward,  has  to
   declare  a complaint inadmissible or terminate consideration of  it,  the
   outcome  of  any enquiries he has carried out up to that point  shall  be
   filed definitively.

   8.  No  complaint  may  be  made to  the  Ombudsman  that  concerns  work
   relationships  between  the Community institutions and bodies  and  their
   officials  and  other  servants  unless all  the  possibilities  for  the
   submission  of  internal  administrative  requests  and  complaints,   in
   particular  the  procedures referred to in Article 90(1) and (2)  of  the
   Staff Regulations,  have been exhausted by the person concerned  and  the
   time limits for replies by the authority thus petitioned have expired.

   9.  The Ombudsman shall as soon as possible inform the person lodging the
   complaint of the action he has taken on it.

                                   Article 3

   1.  The Ombudsman shall, on his own initiative or following a  complaint,
   conduct  all  the enquiries which he considers justified to  clarify  any
   suspected  maladministration in the activities of Community  institutions
   and  bodies.  He shall inform the institution or body concerned  of  such
   action, which may submit any useful comment to him.

   2.  The Community institutions and bodies shall be obliged to supply  the
   Ombudsman  with  any information he has requested of them  and  give  him
   access   to   the  files  concerned.  They  may  refuse  only   on   duly
   substantiated grounds of secrecy.

   They  shall  give access to documents originating in a Member  State  and
   classed  as secret by law or regulation only where that Member State  has
   given its prior agreement.
   They  shall give access to other documents originating in a Member  State
   after  having  informed the Member State concerned.  In  both  cases,  in
   accordance  with Article 4, the Ombudsman may not divulge the content  of
   such documents.

   Officials  and other servants of Community institutions and  bodies  must
   testify  at the request of the Ombudsman; they shall speak on  behalf  of
   and in accordance with instructions from their administrations and  shall
   continue to be bound by their duty of professional secrecy.

   3.  The  Member  States'  authorities shall be  obliged  to  provide  the
   Ombudsman, whenever he may so request, via the Permanent  Representations
   of  the Member States to the European Communities, with  any  information
   that  may  help to clarify instances of  maladministration  by  Community

   institutions  or  bodies unless such information is covered  by  laws  or
   regulations   on   secrecy  or  by  provisions   preventing   its   being
   communicated.  Nonetheless,   in  the  latter  case,  the  Member   State
   concerned may allow the Ombudsman to have this information provided  that
   he undertakes not to divulge it.

   4.  If the assistance which he requests is not forthcoming, the Ombudsman
   shall  inform  the  European Parliament,  which  shall  make  appropriate
   representations.

   5.  As  far  as possible, the Ombudsman shall seek a  solution  with  the
   institution   or   body   concerned  to   eliminate   the   instance   of
   maladministration and satisfy the complaint.

   6.  If  the  Ombudsman finds there has been maladministration,  he  shall
   inform the institution or body concerned, where appropriate making  draft
   recommendations.  The  institution  or body so informed  shall  send  the
   Ombudsman a detailed opinion within three months.

   7.  The Ombudsman shall then send a report to the European Parliament and
   to the institution or body concerned.  He may make recommendations in his
   report.  The  person  lodging  the complaint shall  be  informed  by  the
   Ombudsman  of the outcome of the inquiries, of the opinion  expressed  by
   the institution or body concerned and of any recommendations made by  the
   Ombudsman.

   8.  At  the end of each annual session the Ombudsman shall submit to  the
   European Parliament a report on the outcome of his inquiries.

                                   Article 4

   1.  The  Ombudsman  and  his staff, to whom Article  214  of  the  Treaty
   establishing  the  European  Community,  Article  47(2)  of  the   Treaty
   establishing the European Coal and Steel Community and Article 194 of the
   Treaty  establishing  the European Atomic Energy Community  shall  apply,
   shall  be  required not to divulge information or  documents  which  they
   obtain in the course of their inquiries.  They shall also be required  to
   treat  in confidence any information which could harm the person  lodging
   the  complaint  or  any  other  person  involved,  without  prejudice  to
   paragraph 2.

   2.  If, in the course of inquiries, he learns of facts which he considers
   might relate to criminal law, the Ombudsman shall immediately notify  the
   competent  national authorities via the Permanent Representations of  the
   Member  States  to  the European Communities  and,  if  appropriate,  the
   Community  institution  with  authority  over  the  official  or  servant
   concerned,  which  may apply the second paragraph of Article  18  of  the
   Protocol  on the Privileges and Immunities of the  European  Communities.
   The Ombudsman may also inform the Community institution or body concerned
   of the facts calling into question the conduct of a member of their staff
   from a disciplinary point of view.

                                   Article 5

   Insofar  as it may help to make his enquiries more efficient  and  better
   safeguard the rights and interests of persons who make complaints to him,
   the Ombudsman may co-operate with authorities of the same type in certain
   Member States provided he complies with the national law applicable.  The
   Ombudsman may not by this means demand to see documents to which he would
   not have access under Article 3.

                                   Article 6

   1.  The  Ombudsman  shall be appointed by the European  Parliament  after
   each election to the European Parliament for the duration of its mandate.
   He shall be eligible for reappointment.

   2.  The  Ombudsman  shall  be chosen from among  persons  who  are  Union
   citizens, have full civil and political rights, offer every guarantee  of
   independence,  and meet the conditions required for the exercise  of  the
   highest  judicial  office  in  their country  or  have  the  acknowledged
   competence and experience to undertake the duties of Ombudsman.

                                   Article 7

   1.  The Ombudsman shall cease to exercise his duties either at the end of
   his term of office or on his resignation or dismissal.

   2.  Save  in  the event of his dismissal, the Ombudsman shall  remain  in
   office until his successor has been appointed.

   3.  In  the  event  of early cessation of duties, a  successor  shall  be
   appointed  within  three months of the office's falling  vacant  for  the
   remainder of the parliamentary term.

                                   Article 8

   An  Ombudsman  who  no longer fulfils the  conditions  required  for  the
   performance  of  his  duties or is guilty of serious  misconduct  may  be
   dismissed  by  the Court of Justice of the European  Communities  at  the
   request of the European Parliament.

                                   Article 9

   1.  The Ombudsman shall perform his duties with complete independence, in
   the general interest of the Communities and of the citizens of the Union.
   In  the  performance  of  his duties he shall  neither  seek  nor  accept
   instructions  from any government or other body.  He shall  refrain  from
   any act incompatible with the nature of his duties.

   2.  When  taking  up  his  duties, the  Ombudsman  shall  give  a  solemn
   undertaking before the Court of Justice of the European Communities  that
   he  will perform his duties with complete independence  and  impartiality
   and  that  during  and  after his term of  office  he  will  respect  the
   obligations  arising  therefrom, in particular his duty  to  behave  with
   integrity  and discretion as regards the acceptance, after he has  ceased
   to hold office, of certain appointments or benefits.

                                  Article 10

   1.  During  his  term  of office, the Ombudsman may  not  engage  in  any
   political  or  administrative duties, or any  other  occupation,  whether
   gainful or not.

   2.  The  Ombudsman  shall have the same rank in  terms  of  remuneration,
   allowances and pension as a judge at the Court of Justice of the European
   Communities.

   3.  Articles  12 to 15 and Article 18 of the Protocol on  the  Privileges
   and  Immunities of the European Communities shall apply to the  Ombudsman
   and to the officials and servants of his secretariat.

                                  Article 11

   1.  The  Ombudsman  shall  be assisted by a  secretariat,  the  principal
   officer of which he shall appoint.

   2.  The  officials and servants of the Ombudsman's secretariat  shall  be
   subject  to the rules and regulations applicable to officials  and  other
   servants of the European Communities.  Their number shall be adopted each
   year as part of the budgetary procedure. (2)

   3.  Officials  of  the  European Communities and  of  the  Member  States
   appointed  to  the  Ombudsman's  secretariat shall  be  seconded  in  the
   interests of the service and guaranteed automatic reinstatement in  their
   institution of origin.

   4.  In  matters concerning his staff, the Ombudsman shall have  the  same
   status  as the institutions within the meaning of Article 1 of the  Staff
   Regulations of Officials of the European Communities.

                                  Article 12

   The Ombudsman's budget shall be annexed to section I (Parliament) of  the
   general budget of the European Communities.

                                  Article 13

   The seat of the Ombudsman shall be that of the European Parliament. (3)

                                  Article 14

   The Ombudsman shall adopt the implementing provisions for this Decision.

                                  Article 15

   The  first  Ombudsman to be appointed after the entry into force  on  the
   Treaty  on  European Union shall be appointed for the  remainder  of  the
   parliamentary term.

                                  Article 16

   The European Parliament shall make provision in its budget for the  staff
   and  material facilities required by the first Ombudsman to  perform  his
   duties as soon as he is appointed.

                                  Article 17

   This Decision shall be published in the Official Journal of the  European
   Communities.  It shall enter into force on the date of its publication.

   For the European Parliament,

   (s.) Egon KLEPSCH

   
   (2)  A  joint  statement by the three institutions will set  out  guiding
        principles for the number of officials employed by the Ombudsman and
        the  status  as temporary or contract staff of  those  carrying  out
        enquiries.
   (3)  See  Decision taken by common agreement between the  Representatives
        of the Governments of the Member States on the location of the seats
        of  the  institutions and of certain bodies and departments  of  the
        European    Communities    (OJ    C    341,    23.12.1992,    p. 1).

                                 ARTICLE 189b

       PHASE PRECEDING THE ADOPTION OF A COMMON POSITION BY THE COUNCIL

   Current practice under the co-operation procedure generally, particularly
   in  the  most  sensitive  cases,  involves  talks  between  the   Council
   Presidency, the Commission and the Chairmen or/and the rapporteurs of the
   relevant committees of the European Parliament.  The institutions confirm
   that  this  practice  should continue and could be  developed  under  the
   procedure  provided  for in Article 189b of the Treaty  establishing  the
   European Community.

                       ARRANGEMENTS FOR THE PROCEEDINGS
               OF THE CONCILIATION COMMITTEE UNDER ARTICLE 189b

    1.  The Committee shall be convened by the President of the Council with
        the  agreement of the President of the European Parliament and  with
        due regard to the provisions of the Treaty.

    2.  The  Commission  shall  take part in  the  Conciliation  Committee's
        proceedings and shall take all the necessary initiatives with a view
        to  reconciling  the positions of the European  Parliament  and  the
        Council.

    3.  The  Committee  shall  be chaired jointly by the  President  of  the
        European Parliament and the President of the Council.

        Committee meetings shall be chaired alternately by each co-Chairman.

        The dates and the agendas for the Committee's meetings shall be  set
        jointly by the co-Chairmen.

    4.  The  Committee shall have available to it the  Commission  proposal,
        the  Council's  common position and the amendments approved  by  the
        European Parliament.

    5.  The  co-Chairmen  may  draw up joint texts  for  submission  to  the
        Committee; they may submit reports to the Committee or propose to it
        that rapporteurs be appointed.

    6.  If the Committee agrees to a joint text which has not yet  undergone
        legal/linguistic finalization, the draft text shall be submitted  to
        the co-Chairmen for formal approval after such finalization.

    7.  The co-Chairmen shall approve the minutes of Committee meetings.

    8.  The  outcome of votes and, where appropriate, explanations of  vote,
        taken within each delegation on the Conciliation Committee, shall be
        forwarded to the Committee.

    9.  The co-Chairmen shall see to it that the joint texts approved by the
        Committee are forwarded forthwith to the European Parliament and  to
        the Council.

   10.  The  General Secretariat of the Council and the General  Secretariat
        of  the  European Parliament shall act jointly  as  the  Committee's
        Secretariat,  in  association with the General  Secretariat  of  the
        Commission.

   11.  Joint  texts shall be finalized by the Legal/linguistic  Experts  of
        the Council and of the European Parliament.

   12.  The Committee shall meet alternately at the premises of the European
        Parliament and the Council.

   13.  While  abiding by the Treaty provisions regarding time  limits,  the
        Council   shall,  as  far  as  possible,  take  into   account   the
        requirements of the European Parliament's schedule.

   14.  The  above points may also apply to the Conciliation Committee  when
        it operates on the basis of Article 189b(2), with due regard to  the
        provisions of that Article of the Treaty.

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