Ref. Ares(2016)767823 - 12/02/2016
COMMISSION EUROPÉENNE

Secrétariat général

C(2011) 2904 final
Bruxelles, le 20 avril 2011

PO/2011/2877

TEXTE EN

CODE DE CONDUITE DES COMMISSAIRES

Communication de M. le PRESIDENT

Copie:
Membres de la Commission

EN

EN

EN
EN

EN

MEMORANDUM TO THE COMMISSION

The obligations of independence and integrity imposed upon the Members of the
Commission derive from the Treaties, namely article 17 of the Treaty on European Union
and article 245 of the Treaty on the Functioning of the European Union. The Members
of the Commission must indeed discharge their duties in the general interest of the
Union, without seeking nor taking instructions from any government or from any other
body.
In addition, the general interest requires that Commissioners should behave in a manner
that is in keeping with the dignity and the duties of their office, both during and after
their term of office. Ruling out all risks of a conflict of interests helps to guarantee their
independence.
In 1999, the Commission adopted a Code of Conduct for Commissioners, which was
subsequently modified in 2004. The code develops the obligations of independence and
integrity imposed upon the Members of the Commission by the Treaties. It aims at ruling
out all risks of a conflict of interests, sets limits to Commissioners outside and post-office
activities and responds to the need to codify certain provisions relating to the
performance of their duties.
Several studies were undertaken in recent years on the effectiveness of the codes of
conduct of holders of public office worldwide. Within the European Union, both the
Commission and the European Parliament commissioned studies on this matter1. These
studies provided useful recommendations to enhance the completeness end effectiveness
of the Commission’s code of conduct.
In his “political guidelines for the next Commission”, delivered in September 2009,
President Barroso announced his intention to review the Code of Conduct for
Commissioners, which he hoped would become a “document of reference that will
inspire other EU institutions”.
The Commission held an orientation debate on 18.11.2010 on President Barroso’s
envisaged revised Code of Conduct for Commissioners. This document was subsequently
sent to the European Parliament, for Parliament’s opinion, in conformity with paragraph
II.8 of the new Framework Agreement on relations between the European Parliament and
the Commission, concluded in October 2010.
The draft revised Code of Conduct for Commissioners takes account of the comments
expressed by the European Parliament within the framework of the 2011 budgetary
procedure and of the views expressed by the Parliament as contained in President
Buzek’s letter to President Barroso dated 14 April 2011
The draft new Code clarifies many provisions of the current Code and strengthens some
of them. The most relevant reinforcements concern the following areas:
–  Clearer rules on political activities, including Commissioner’s participation in
electoral campaigns (paragraph 1.1);

1
Through its Bureau of European Policy Advisors (BEPA), the Commission commissioned the
study “Regulating Conflicts of Interest for Holders of Public Office in the European Institutions »
, which was delivered in October 2007. Upon request from the European Parliament’s committees
on budgetary control (CONT) and constitutional affairs (AFCO) a private consultant delivered, in
May 2009, a study on “The Code of Conduct for Commissioners – improving effectiveness and
efficiency”.

–  Stricter rules on activities after leaving the Commission, including the extension of the
notification obligation of post term-of-office activities from 12 to 18 months after the
former Commissioner’s term of office (paragraph 1.2);
–  Improved template and annual revision of the declarations of interests (paragraph 1.5
and annex 1);
–  Introduction of a clear procedure to deal with a conflict of interests during the
mandate (paragraph 1.6);
–  Clearer rules for gifts and hospitality (paragraph 1.11);
–  Exclusion of spouses, partners and direct family members from the cabinet of the
Member of the Commission (paragraph 1.12);
–  Reinforcement of the remit of the Ad hoc Ethical Committee (paragraph 2.3).
–  Reinforced transparency in the rules for missions (annex 2);
In line with the view expressed by the European Parliament, the new Code specifies that
the declarations of interests of Commissioners-designate must be available before their
hearings with the European Parliament and contains an additional requirement on the
timeline which former Commissioners have to respect when informing the Commission
about intended post office activities.
The period during which former Commissioners must notify their intended post-office
activities is extended to 18 months, in conformity with current best practices. Some
groups within the European Parliament recommended to further extend this period to two
years. The Commission might envisage a further extension in the future, in line with
similar developments in the other EU institutions and Member States.
Part 2 of the Code of Conduct for Commissioners adopted in 2004, on the relations
between the Commissioners and their departments, is no longer contained in the new
Code, since the relevant provisions have been replaced by the President’s communication
of February 2010, in accordance with Article 17 (6) TEU, on the working methods of the
Commission 2010-2014.
The Commission is requested to adopt the enclosed draft Code of Conduct for
Commissioners, with its two annexes, which replace, with immediate effect, the previous
Code of Conduct for Commissioners and its annexes (SEC(2004) 1487/2).

Code of conduct for Commissioners

C(2011) 2904 final

INTRODUCTION

The Treaty articles on the Commission, namely article 17 TEU and article 245 TFEU make
special reference to the complete independence enjoyed by the Members of the
Commission, who are required to discharge their duties in the general interest of the Union.
In the performance of their duties they must neither seek nor take instructions from any
government or from any other body.
In addition, the general interest requires that Commissioners should behave in a manner
that is in keeping with the dignity and the duties of their office, both during and after their
term of office. Ruling out all risks of a conflict of interests helps to guarantee their
independence.
The general interest also requires that Commissioners establish good working relations,
based on loyalty, trust and transparency, with their departments.
1.
INDEPENDENCE AND DIGNITY: ETHICAL ISSUES
1.1.
Outside activities during the term of office
Commissioners may not engage in any other professional activity, whether
gainful or not. Unpaid courses given from time to time in the interests of
European integration and other communication activities on areas of European
interest are the only outside activities that are permitted, and do not have to be
declared.
Commissioners shall notify the President if they are intending to publish a
book. Royalties from copyright in a work published in connection with
Commissioners' functions shall be paid over to a charity of their choice.
Commissioners may not accept any form of payment for writing articles,
delivering speeches or taking part in conferences. Should a payment be made,
it should be donated to a charity of their choice.
Commissioners may hold honorary unpaid posts in political, cultural, artistic or
charitable foundations or similar bodies. They may also hold such posts in
educational institutions. “Honorary posts” means posts in which the holder has
no management role, no decision-making power, and no responsibility or
control of the operations of the body in question. “Foundations or similar
bodies” mean not-for-profit organisations or associations which engage in
activities in the public interest in the fields mentioned. Posts held on these
terms shall under no circumstances involve any risk of a conflict of interest.
This risk exists in particular whenever the body receives any kind of financing
from the EU Budget. All such honorary posts shall be listed in the declaration
of interests referred to in point 1.5 of this Code, laid down according to the
model in annex 1.
The declaration must relate to all activities engaged in over the last ten years
and must distinguish between activities which ended before the Member of the
Commission took up office and the honorary functions which will continue
after that point.

Commissioners may be politically active; in particular they may be members
of national and European political parties or trade unions, provided that this
does not compromise their availability for service in the Commission or their
independence in their functions. They may hold honorary or non-executive
functions within political parties and trade unions and hold political functions
in European political parties; provided that any type of function would not
involve management responsibilities. Commissioners are expected to defend
and support the decisions taken by the College. Their Commission duties must
prevail over party commitment.
In respect of the principle of independence that must guide the performance of
their duties, Commissioners should abstain from making public statements or
interventions on behalf of any political party or trade union of which they are
members, except where they are standing for election, as referred to hereafter.
This rule is without prejudice to the right of Commissioner to express their
personal opinions.
Commissioners shall inform the President of their intention to participate in an
election campaign and the role they expect to play in that campaign. If they
intend to stand for election and to play an active role in the election campaign,
they must withdraw from the work of the Commission for the entire period of
active implication and at least for the duration of the campaign. In other
instances, the President, taking into account the particular circumstances of the
case, shall decide on whether the envisaged participation in the election
campaign is compatible with the performance of the Commissioner’s duties.
When, in accordance with the previous paragraph, Commissioners withdraw
from the work of the Commission or are requested to do so by the President,
the latter shall grant them "unpaid electoral leave". During their period of
unpaid electoral leave, Commissioners may not use the Commission's human
or material resources. The period of unpaid electoral leave of Members of the
Commission participating actively in electoral campaigns as candidates for
European elections shall start at least as of the end of the last part session of the
European Parliament before these elections2.

The President of the Commission shall inform the President of the Parliament
in due time of his decision to grant this leave and which Member of the
Commission will take over the relevant responsibilities for that period of leave.
Commissioners may not exercise any public functions of whatever kind3.


2
As foreseen by the Revised Framework Agreement on relations between the European Parliament
and the Commission (October 2010).
3
Functions of an honorary nature and/or attributed for life, or when such functions are formally
suspended by direct effect of law, during the mandate as Members of the Commission, and as long as
the independence of the Commissioner is guaranteed may be maintained.

1.2.
Post term-of-office activities
Whenever former Commissioners intend to engage in an occupation during the
eighteen months after they have ceased to hold office, whether this is at the end
of their office or upon resignation, they shall inform the Commission in good
time, as far as possible with minimum four weeks notice. The Commission
shall examine the nature of the planned occupation.
If the planned occupation is related to the content of the portfolio of the
Commissioner, the Commission shall seek the opinion of the Ad Hoc Ethical
Committee. In the light of the committee's findings it shall decide whether the
planned occupation is compatible with Article 245 of the Treaty (TFEU).
During the eighteen months after ceasing to hold office, former Commissioners
shall not lobby nor advocate with members of the Commission and their staff
for her/his business, client or employer on matters for which they have been
responsible within their portfolio as Member of the Commission during their
mandate.
Paragraphs 2 and 3 above shall not apply where the former Commissioner
engages in a public office. This is without prejudice to the possibility for the
President to seek an opinion of the Ad Hoc Ethical Committee in cases of
doubt.
The above rules are without prejudice to the duty to behave with integrity and
discretion pursuant to Article 245 of the Treaty (TFEU) even beyond the
period of 18 months after ceasing to hold office.

1.3.
Financial interests and assets
Commissioners must declare any financial interest or asset which might create
a conflict of interests in the performance of their duties. The declaration shall
include any holdings by the Commissioner’s spouse/ partner which might
entail a conflict of interests.
The financial interests which must be declared are any form of individual
holding in company capital. This therefore includes shares but also any other
form of holding such as convertible bonds or investment certificates.
Units in unit trusts, which do not constitute a direct interest in company capital,
do not have to be declared.
Any property owned either directly or through a real estate company must be
declared, with the exception of homes reserved for the exclusive use of the
owner or his/her family.

1.4.
Activities of spouses/ partners
To obviate any potential risk of a conflict of interests, Commissioners are
required to declare the professional activities of their spouses/ partners4.
The declaration must state the nature of the activity, the title of the position
held and, if applicable, the name of the employer.
1.5.
Declaration of interests
The attached form includes all information that Members of the Commission
are required to declare under the Code of Conduct. It must be completed and
made available before the hearing of the Commissioner-designate by the
European Parliament and revised during his or her term of office if the
information changes, and at least every year.
Each Commissioner is responsible for her/his declaration. These declarations
shall be scrutinised under the authority of the President and with due regard for
each Member's areas of responsibility. They shall be made public.

1.6. Reallocation of files between Members of the Commission in case of
potential conflicts of interest
A Commissioner shall not deal with matters within her/his portfolio in which,
she/he has any personal interest, in particular a family or financial interest
which could impair her/his independence.
Any Commissioner confronted with such situation shall immediately inform
the President. The President shall take any measure he considers appropriate,
including the reallocation of the file to another Member of the Commission.
Should the President of the Commission be confronted with such situation, the
President will refer the file to a Vice-President.
The President of the Commission shall inform the President of the Parliament
in due time of his decision to reallocate any file to another member of the
Commission5.

1.7.
Collective responsibility and confidentiality
In accordance with the principle of collective responsibility, Commissioners
shall not make any comment which would call into question a decision taken
by the Commission. They shall also refrain from disclosing what is said at
meetings of the Commission.

4 Stable non matrimonial partner as defined in Regulation 2278/69 (OJ L 289, 17.11.1969 in particular
Article 1(2) (c) of Annex VII of the Staff Regulations.
5 As foreseen by the Revised Framework Agreement on relations between the European Parliament and the
Commission, agreed text after closure of negotiations on 29 June 2010.

As foreseen by Article 339 of the Treaty (TFEU), the members of the
Commission shall be required, even after their duties have ceased, not to
disclose information of the kind covered by the obligation of professional
secrecy, in particular information about undertakings, their business relations
or their cost components.

1.8.
Rules for missions
Missions are defined as travel by a Commissioner on Commission business
away from the Commission’s place of work. They are governed by the Guide
to Missions, the Financial Regulation and the internal rules on the
implementation of the general budget of EU, completed with the rules in annex
2.
1.9.
Rules governing receptions and professional representation
The rules governing receptions and professional representation are laid down
in the relevant Commission decision6. Where entertainment expenses are not
covered by this decision, they will be met by the Commissioner from the
flat-rate entertainment allowance provided for in the regulation laying down
the emoluments of the Members of the Commission.
1.10.
Rules governing the use of Commission's resources
The Members of the Commission shall use their cabinets and Commission's
infrastructure and resources, in full compliance with the relevant rules. The
College's global envelope, which covers mission expenses and
receptions/professional representation expenses, is fixed annually by the
budgetary authority. It is distributed between all Commissioners according to
their respective portfolios and real needs, under the responsibility of the
President. Global envelope expenses are authorised by the Head of Cabinet of
the Commissioner concerned (legal authorising officer), who also certifies the
validity of invoices. They are paid on the basis of the invoice and proof of
payment, under the responsibility of the Director of the Office for the
Administration and Payment of Individual Entitlements (PMO, authorising
officer for budgetary commitments and payments)

1.11.
Acceptance of gifts, hospitality, decorations or honours
Commissioners shall not accept any gift 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 Commission's
Protocol department. In case of doubt as to the value of a gift, an evaluation
shall be undertaken under the authority of the Director of the Office for
Infrastructure and Logistics in Brussels (OIB), whose decision on the matter
shall be final.

6 C (2007) 3494) – 18 July 2007

The Commission’s Protocol department shall keep a public register of gifts
with a value of more than EUR 150.
Commissioners shall not accept hospitality except when in accordance with
diplomatic and courtesy usage. Attendance upon invitation to any events where
Commissioners represent the Institution shall not be considered as hospitality.
Commissioners shall notify the President of the Commission of any decoration,
prize or honour awarded to them. Should a prize include a sum of money or
valuables, it should be donated to a charity of their choice.
1.12.
Composition of the cabinets of the Members of the Commission
The President of the Commission sets the rules concerning the composition of
the cabinets of the Members of the Commission7.

The Members of the Commission chose the members of their cabinets with due
respect to the rules above mentioned and on the basis of objective criteria
taking into account the demanding nature of the function, the professional
profiles requested and the Commissioners' need to establish a relation based on
mutual trust between themselves and the members of their cabinets.

Spouses, partners and direct family members shall not be part of the cabinet of
the Member of the Commission.

2.
FINAL PROVISIONS

2.1.
Resignation of Commissioners
A Member of the Commission shall resign, if the President so requests, in
conformity with article 17.6 of the Treaty (TEU).

2.2.
Compulsory retirement and sanctions to Commissioners
If any Member of the Commission no longer fulfils the conditions required for
the performance of her/his duties or if she/he has been guilty of serious
misconduct, the Court of Justice may, on application by the Council acting by
a simple majority or the Commission compulsorily retire her/him or deprive
her/him of her/his right to a pension or other benefits in its stead, in conformity
with articles 245 and 247 of the Treaty (TFEU).


7 As foreseen by article 17.6 of the Treaty (TEU), the President of the Commission shall (a) lay down
guidelines within which the Commission is to work; (b) decide on the internal organisation of the
Commission, ensuring that it acts consistently, efficiently and as a collegiate body.

2.3.
Consultative competence of the Ad Hoc Ethical Committee
In addition to being asked to deliver opinions on certain post term-of-office
activities of former Members of the Commission, as referred to in point 1.2
above, the Ad Hoc Ethical Committee may be requested by the President to
deliver opinions on any general ethical question concerning the interpretation
of this Code of Conduct.

2.4.
Objective and interpretation of this Code of conduct

The objective of this Code is to clarify the obligations for Commissioners
deriving from article 17 TEU and article 245 TFEU, in particular as regards the
principle of independence and their obligation to discharge their duties in the
general interest of the Union. The Code shall be applied in good faith and with
due consideration to the proportionality principle.

CODE OF CONDUCT FOR COMMISSIONERS
ANNEX 1 – DECLARATION OF INTERESTS

Full name:

I. PREVIOUS
ACTIVITIES
I.1.
Posts held over the last 10 years, in foundations or similar bodies
(Please indicate the nature of the post, the name of the body and its
objective/activity)

I.2.
Posts held over the last 10 years in educational institutions
(Please indicate the nature of the post and the name of the institution)

I.3.
Post held over the last 10 years in the governing, supervisory and
advisory organs of companies and other bodies devoted to commercial
or economic activities.
(Please indicate the nature of the post and the name and the business of the
company or other body)

I.4.
Other professional activities held over the last 10 years, including
services, liberal profession, consulting activities.
(Please indicate the nature of the activity)

II. OUTSIDE
ACTIVITIES
II.1.
Posts currently held in foundations, similar bodies or educational
institution
(Please indicate the nature of the post, the name of the body and its
objective/ activity)

II.2.
Additional relevant information (e.g. other functions of an honorary
nature and/or attributed for life)
III. FINANCIAL
INTERESTS

Shares:
Company

Number of shares

Total current value

Other
stock:
Company

Number of securities
Total current value

IV. ASSETS
(except the homes reserved for the exclusive use of the owner and his/her family)

Real
estate:

Other
property:

V.
SPOUSE’S/ PARTNER's PROFESSIONAL ACTIVITY
(please include also spouse's/ partner's financial interests which might entail a
conflict of interests)

I hereby declare that the information given above is correct.

Date:

Signature:

CODE OF CONDUCT FOR COMMISSIONERS

ANNEX 2 - TRAVEL ON OFFICIAL BUSINESS (MISSIONS) BY COMMISSIONERS8

1. BUDGET

Mission expenses incurred by Commissioners travelling on official business are covered by
an allocation from budget item 25.010213. Mission expenses for the staff of private offices
are covered (in accordance with the Commission's Guide to Missions) from budget item
25.010211.01.01.10

2. NOTIFICATION OF MISSION - CANCELLATION OF MISSION

A travel order, signed by the Commissioner concerned, must be drawn up for all missions
using the appropriate form (MIPS). It must set out the following:

- purpose of the mission,
- the place of mission,
- means of transport to be used,
- date and time of departure and return,
- start and completion of work.

In the event of a mission being cancelled, the Commissioner must immediately:

- see that the travel tickets and reservations issued by the travel agency are cancelled in
writing,
- ensure that hotel reservations are also cancelled in writing.

3. MEANS OF TRANSPORT

Commissioners may use any means of transport appropriate for the purposes of the mission
based on its cost-effectiveness and taking into account the needs of the Institution.

4. TICKETS AND TRAVEL EXPENSES

According to the Guide to Missions, travel expenses reimbursed in the context of a mission
are in principle for travel between Brussels and the place of the mission.

Tickets are issued on request by the Commission's official travel agency. The costs are
borne in full by the Commissioner's mission allocation. Any unused, including partly
unused, tickets or reservations must be returned promptly to the travel agency. Any private
travel will be personally paid for by the Commissioner, who will pay the travel agency
directly by credit card.

8 In the absence of specific rules, the general rules in the Guide to Missions are applicable by analogy.

5. CHARTERING AIR TAXIS

The use of air taxis must be authorised by the President. As a general rule, the air taxi may
be authorised only under exceptional circumstances, either when commercial flights are not
available to reach a destination or when they can not fit with the Commissioner's diary, or
for security reasons. A careful check of all options should be made, including agenda
planning, so that the air taxi is only envisaged as a last option.

Requests completed with all practical details (place, date, programme, participants,
justification, etc.), and the contractor's offer, must receive the approval from the PMO
before being submitted for authorisation by the President. For travellers other than the
Commissioner, financial participation equivalent to the cost of a regular flight ticket is
foreseen. The PMO will implement the necessary distribution between budget lines.

6. DURATION OF A MISSION

The duration of a mission is reckoned from the time of departure to the time of arrival back
at
the place of employment by the means of transport used.

7. MISSIONS COMBINED WITH LEAVE

Missions combined with leave are reckoned as starting at the beginning of the official work
if
the leave is taken before the mission and as finishing at the close of the official engagement
if
the leave follows the mission. The same applies in the case of public holidays and
weekends,
unless the work schedule provides otherwise. Even if this is the case, however, no
allowances
are paid for the public holidays/weekends if the official engagement is in the country of
origin
of the Commissioner.

8. DAILY SUBSISTENCE ALLOWANCE

The daily subsistence allowance payable to Commissioners is the allowance payable to
officials plus 5%. This is calculated using the rules applicable to officials in the Guide to
Missions.

9. HOTEL EXPENSES

Hotel expenses (excluding breakfast and other meals) are reimbursed on presentation of the
bill. If hotel expenses exceed € 300 per day, a justification shall be attached to the statement
of expenses.

10. OTHER EXPENSES

Other expenses justified by the nature of the mission are reimbursed on application and on
presentation of supporting documents. Entertainment and representation expenses must be
claimed separately in line with a Commission decision governing such expenses.

11. EXPENSES CLAIMS

Commissioners will be reimbursed on the basis of a statement of mission expenses to be
sent as soon as possible for the reimbursement of mission expenses to the PMO using the
appropriate form (MIPS).
Claims must contain the following details:
- the purpose of the mission,
- the place of mission,
- date and time of departure and arrival at the place of employment by the means of
transport
used,
- starting and finishing times of the work,
- number of days' leave, if any, combined with the mission,
- transport costs paid on the spot by the Commissioner,
- hotel expenses (excluding breakfast and other meals),
- any meals paid by third parties for the Commissioner,
- other expenses for which reimbursement is claimed.
All supporting documents must be attached.

12. CERTAIN EXPENSES PAID BY REPRESENTATIVE OFFICES AND EU
DELEGATIONS IN OTHER COUNTRIES

In certain cases authorisation may be given for expenses incurred during a mission to be
paid at the destination by Representative Offices and Delegations. This is an exceptional
procedure which is authorised only when expenses incurred on mission cannot be paid with
the corporate credit card or directly billed to the PMO9. Given the heavy administrative
burden involved, such requests should be limited to the strict minimum.

13. SPECIAL RULES CONCERNING MISSIONS BY COMMISSIONERS' DRIVERS AND THE

USE OF THE CAR POOLS OF COMMISSION OFFICES AND DELEGATIONS IN OTHER
COUNTRIES

Under Article 14 of the Commission's Decision of 14 September 1979, all Commissioners
have an official car and driver assigned to them at all times. Drivers may not be asked to
make private journeys if this involves overtime or mission expenses for the driver, unless
security dictates.

9 Article 66 of the implementing rules of the Financial Regulation limit the use of imprest accounts to cases
where, owing to the limited amounts involved, it is materially impossible or inefficient to carry out
payment operations by budgetary procedures.

Daily commuting between the Belgian residence of the Commissioner and the office (or the
station and airport) shall be considered professional travel.

Drivers are covered by a travel order when driving the official car of a Commissioner, even
if the Commissioner or a private office official is not in the car, when returning from an
official destination or bringing the car back from there. Claims for mission expenses should
be filled in by the driver using the appropriate form (MIPS) and signed by the Head of
Cabinet, giving the following particulars:

- purpose of the mission,
- the place of mission,
- route taken,
- date and time of departure and return to workplace,
- hotel expenses (excluding breakfast and other meals),
- other details included on the claims form.

Drivers’ mission expenses are covered by the private office’s own mission budget.

A Commissioner visiting a Representative Office or a EU Delegation is entitled to an
official car on the spot, if the Office or Delegation is directly involved in the mission. If it is
not, a self-drive or chauffeur-driven car may be hired from a local car-hire firm. Car-hire
costs are charged to the Commissioner's mission allocation.

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