2022/2141(INI) | [ParlTrack]

Motion for a resolution
Citation 9 a (new)

— having regard to its resolution on Engaging with citizens: the right to petition and refer to the European Ombudsman, the European Citizens’ Initiative, of 9 March2022

Amendment 10 #

Motion for a resolution
Recital G b (new)

Gb. whereas the Ombudsman examined the composition of the High Level Forum on the proposed EU Capital Markets Union (CMU), which gathered senior industry executives, international experts and scholars, concluding that the Commission, despite being aware that many of the applicants to be appointed members of this group had interests that compromised their capacity to act independently and in the public interest, failed to implement its conflict of interest rules;

Amendment 11 #

Motion for a resolution
Recital G a (new)

Ga. whereas in 2021 the Ombudsman opened an inquiry on the European Commission’s refusal to give public access to documents concerning the purchase of vaccines against COVID-19 and on the Commission’s failure to deal with the complainant’s access requests within the prescribed time limit;1a _________________ 1a https://www.ombudsman.europa.eu/en/de cision/en/141706

Amendment 12 #

Motion for a resolution
Recital G b (new)

Gb. whereas in 2021 the Ombudsman opened in inquiry on the European Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID-19 vaccine; 4a _________________ 4a https://www.ombudsman.europa.eu/en/pre ss-release/en/158303

Amendment 13 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Recital H a (new)

Ha. whereas the Ombudsman has opened an inquiry regarding the European Medicines Agency's (EMA) refusal of public access to documents relating to the manufacturing of mRNA vaccines against COVID-19; 2a _________________ 2a https://www.ombudsman.europa.eu/en/cas e/en/59918

Amendment 14 #

Motion for a resolution
Recital I

I. whereas the CJEU has ruled several times that openness in the legislative process is precisely what contributes to conferring greater legitimacy on the institutions in the eyes of EU citizens and increasing their confidence in them by allowing divergences between various points of view to be openly debated; whereas the CJEU has stipulated that it is in fact a lack of information and debate which is capable of giving rise to doubts in the minds of citizens, facilitates misinformation (which is a factor in the rise of extremist populist political parties), not only as regards the lawfulness of an isolated act, but also aswith regards to the legitimacy of the entire decision- making process as a whole3 ; _________________ 3 Judgments of the Court of Justice of 1 July 2008, Sweden and Turco v Council, C-39/05 P and C-52/05 P, ECLI:EU:C:2008:374, paragraph 59, and of 22 March 2018, Emilio De Capitani v European Parliament, T-540/15, ECLI:EU:T:2018:167, paragraph 78.;

Amendment 15 #

Motion for a resolution
Recital I

I. whereas the CJEU has ruled several times that openness in the legislative process is precisely what contributes to conferring greater legitimacy on the institutions in the eyes of EU citizens and increasing their confidence in them by allowing divergences between various points of view to be openly debated; whereas the CJEU has stipulated that it is in fact a lack of information and debate which is capable of giving rise to doubts in the minds of citizens, not only as regards the lawfulness of an isolated act, but also as regards the legitimacy of the decision- making process as a whole3; whereas, however, transparency can sometimes affect political negotiations and may lead to an increase in informal meetings, with a counter-productive effect on the objective being pursued; _________________ 3 Judgments of the Court of Justice of 1 July 2008, Sweden and Turco v Council, C-39/05 P and C-52/05 P, ECLI:EU:C:2008:374, paragraph 59, and of 22 March 2018, Emilio De Capitani v European Parliament, T-540/15, ECLI:EU:T:2018:167, paragraph 78.

Amendment 16 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Recital J

J. whereas improving citizens’ participation and ensuring transparency at EU level are key to bridging the perceived gap between the EU and citizens and representative organisations, with a view to overcoming citizens’ low trust and confidence levels in EU institutions ~~and to achieve a real multilevel democracy~~; whereas the Ombudsman plays a key role in bridging this gap;

Amendment 17 #

Motion for a resolution
Recital J

J. whereas improving citizens’ participation and ensuring transparency at EU level are key to bridging the perceived gap between the EU ~~and~~, its institutions, its citizens and representative organisations, with a view to overcoming citizens’ low trust and confidence levels in EU institutions and to achieve a real multilevel democracy; whereas the Ombudsman plays a key role in bridging this gap;

Amendment 18 #

Motion for a resolution
Recital J a (new)

Ja. whereas the citizens’ complaints to the Ombudsman represent an essential element of participatory democracy and of the legitimacy of the Union’s decision- making process as they promote transparency and good administration in the EU institutions and bodies; whereas the role of the Ombudsman developed over the years and she can now use own- initiative powers to help tackle systemic problems in EU administration and make recommendations for improvement with a view to resolving problems of various cases of maladministration, thus taking on an increasingly important role in citizens’ lives when it comes to issues such as the environment, migration and health;

Amendment 19 #

Motion for a resolution
Recital J b (new)

Jb. whereas in cases when a complaint falls outside her mandate, the Ombudsman may advise the complainant to refer it to another authority or to the Committee on Petitions;

Amendment 2 #

Motion for a resolution
Citation 8 a (new)

— having regard to the report on engaging with citizens: the right to petition, the right to refer to the European Ombudsman and the European Citizens’ Initiative,

Amendment 20 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Recital M

M. whereas the CJEU, when referring to giving the public the ~~widest possible~~ right of access to EU documents, has stated that openness in that respect contributes to strengthening democracy by allowing citizens to scrutinise all the information which has formed the basis of a legislative act; whereas the CJEU has argued that the possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights5; _________________ 5 Judgments of the Court of Justice in cases C-39/05 P and C-52/05 P, ECLI:EU:C:2008:374, paragraph 46; and T-540/15, EU:T:2018:167, paragraph 80; of 17 October 2013, Council v Access Info Europe, C-280/11 P, ECLI:EU:C:2013:671, paragraph 33; and of 15 September 2016, Herbert Smith Freehills v Council, T-710/14, ECLI EU:T:2016:494, paragraph 35.

Amendment 21 #

Motion for a resolution
Paragraph 2

2. Congratulates Emily O’Reilly, and her office, on their remarkable work and their constructive efforts to find a balance between the EU institutions’ right to work and the public interest in an EU administration that works with the highest standards of integrity and accountability; congratulates therm on enhancing representative and participative democracy, while improving public participation in and the legitimacy of the EU decision-making process;

Amendment 22 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Paragraph 3

3. Appreciates the excellent relations between Ombudsman Emily O’Reilly and the Committee on Petitions in 2021; appreciates the strong collaboration between the two bodies as an important tool in increasing the democratic accountability of the EU institutions; recalls that relations with the European Ombudsman are one of the responsibilities that the European Parliament’s Rules of Procedure confer on the Committee on Petitions; appreciates the common interest reflected in several resolutions based on the Ombudsman’s inquiries, particularly in relation to the transparency and accountability of the EU administration in the context of COVID-19;

Amendment 23 #

Francesca DONATO

Motion for a resolution
Paragraph 3 a (new)

3a. Congratulates the ombudsman on her efforts and intense work on the EC’s refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a Covid-19 vaccine; welcomes the conclusion of the inquiry which underlined the maladministration by the Commission; notes with concern that the EC management of partnerships with private multinationals, involving huge financing by EU funds, is currently going in a non-transparent way, shielded from democratic control;

Amendment 24 #

Motion for a resolution
Paragraph 3 a (new)

3a. Recognises that the work of the Ombudsman has led to positive changes within the institutions and bodies of the Union ;

Amendment 25 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER

Motion for a resolution
Paragraph 4 a (new)

4a. Recalls that the European Ombudsman is empowered to make recommendations, proposals for solutions and suggestions for improvement with a view to resolving a problem relating to various cases of maladministration; notes that where a complaint falls outside the Ombudsman’s mandate, the Ombudsman may advise the complainant to refer it to another authority or to the Committee on Petitions; notes that in 2021 the European Ombudsman received 1 437 complaints that fell outside her mandate;

Amendment 26 #

Motion for a resolution
Paragraph 4 a (new)

4a. Welcomes the Ombudsman's statements on trade, highlighting the European Commission's "maladministration" in negotiating the agreement with Mercosur, and its suggestions for new approaches to future negotiations ;

Amendment 27 #

Motion for a resolution
Paragraph 5 a (new)

5a. Congratulates the Ombudsman for the advice given through the Interactive Guide available on the Ombudsman's website;

Amendment 28 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Paragraph 6

6. Strongly believes that citizens’ access to all documents of the European institutions is the basis of a ~~participatory~~ democracy; welcomes the Ombudsman’s efforts to improve ~~public participation in and the legitimacy of~~the access of the public to the EU decision- making process; points out that the right to refer a matter to the Ombudsman increases citizens’ engagement with and trust in the EU institutions, as it promotes transparency and the good administration of the EU institutions and bodies;

Amendment 29 #

Motion for a resolution
Paragraph 6

6. Strongly believes that citizens’ access to all documents of the European institutions ~~is the basis of a participatory~~contributes to an effective democracy; welcomes the Ombudsman’s efforts to improve public participation in and the legitimacy of the EU decision- making process; points out that the right to refer a matter to the Ombudsman increases citizens’ engagement with and trust in the EU institutions, as it promotes transparency and the good administration of the EU institutions and bodies;

Amendment 3 #

Motion for a resolution
Recital C a (new)

Ca. whereas Article 41 of the Charter, on the right to good administration, states, inter alia, that ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’;

Amendment 30 #

Motion for a resolution
Paragraph 6

6. Strongly believes that citizens’ access to ~~all~~ documents of the European institutions is the basis of a participatory democracy; welcomes the Ombudsman’s efforts to improve public participation in and the legitimacy of the EU decision- making process; points out that the right to refer a matter to the Ombudsman increases citizens’ engagement with and trust in the EU institutions, as it promotes transparency and the good administration of the EU institutions and bodies;

Amendment 31 #

Motion for a resolution
Paragraph 6

6. Strongly believes that citizens’ access to all documents of the European institutions is the basis of a participatory democracy and helps improve public awareness of and support for the EU institutions; welcomes the Ombudsman’s efforts to improve public participation in and the legitimacy of the EU decision- making process; points out that the right to refer a matter to the Ombudsman increases citizens’ engagement with and trust in the EU institutions, as it promotes transparency and the good administration of the EU institutions and bodies;

Amendment 32 #

Motion for a resolution
Paragraph 6

6. Strongly believes that citizens’ full access to all documents of the European institutions, bodies, offices and agencies is the basis of a participatory democracy; welcomes the Ombudsman’s efforts to improve public participation in and the legitimacy of the EU decision- making process; points out that the right to refer a matter to the Ombudsman increases citizens’ engagement with and trust in the EU institutions, as it promotes transparency and the good administration of the EU institutions and bodies;

Amendment 33 #

Motion for a resolution
Paragraph 6

6. Strongly believes that citizens’ access to all official documents of the European institutions is the basis of a participatory democracy; welcomes the Ombudsman’s efforts to improve public participation in and the legitimacy of the EU decision- making process; points out that the right to refer a matter to the Ombudsman increases citizens’ engagement with and trust in the EU institutions, as it promotes transparency and the good administration of the EU institutions and bodies;

Amendment 34 #

Motion for a resolution
Paragraph 6 a (new)

6a. Criticises the maladministration by the Commission, which refused to grant public access to documents related to the purchase of 1.5 million medical masks that did not meet the required quality standards, despite the strong public interest in releasing such information mainly related to the protection of healthcare workers; strongly regrets that the Commission disregarded this Parliament’s firm stance on full transparency to be ensured on all actions taken during the Covid-19 Pandemic as, in the framework of the most severe public health crisis in modern times, any lack of transparency constitutes a breach of citizens’ right to information;

Amendment 35 #

Motion for a resolution
Paragraph 6 b (new)

6b. Regrets that Commission is still failing to ensure full and proactive transparency about meetings with representatives of the tobacco industry, thus being in breach of the provisions of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) and resulting at odds with a consistent approach aimed at preventing the tobacco industry from having a negative impact on public health policies;

Amendment 36 #

Motion for a resolution
Paragraph 6 c (new)

6c. Notes with high concern that the Commission risks undermining the integrity of the EU administration without a more robust approach to the movement of staff to the private sector, as concluded by the Ombudsman following a broad inquiry into ‘revolving doors’; asks the Commission to comply fully and in a timely manner with the Ombudsman’s recommendations, including to forbid jobs temporarily if they pose risks that cannot be offset by restrictions or if restrictions cannot credibly be monitored and enforced as well as making its approval of a new job conditional on the staff member obtaining a commitment from the new employer to publish any restrictions on its website and to publish the decisions on staff members’ new jobs faster;

Amendment 37 #

Motion for a resolution
Paragraph 6 d (new)

6d. Expresses deep concern about the Commission's maladministration case arising from its failure to follow its own rules on managing conflicts of interest when putting together an expert group to give advice and policy input in relation to the EU Capital Markets Union; regrets that the Commission's measures to mitigate potential conflicts of interest resulted very general and insufficient leading to have only 7 of the 28 group's members truly independent; calls on the Commission to put in place the most stringent ethical rules in order to prevent conflicts of interest, fully complying with the Ombudsman's recommendations;

Amendment 38 #

Motion for a resolution
Paragraph 6 e (new)

6e. Recalls that the Court of Justice of the European Union (CJEU) underlined that the requirement of impartiality, which is binding on the institutions, bodies, offices and agencies in the performance of their tasks, is intended to guarantee equal treatment, which is one of the foundations of the European Union; highlights that this requirement aims at avoiding situations of potential conflict of interest and covers any circumstances an official or agent is called upon to decide on, given the fundamental importance of the guarantee of independence and integrity as regards both the internal functioning and the external image of the institutions, bodies, offices and agencies of the Union1a; _________________ 1a see judgment of the General Court of 12 October 2022 — Vasallo Andrés v Parliament, T-496/21, paragraph 21; and judgement of 27 March 2019, August Wolff and Remedia v Commission, C 680/16 P, paragraph 26;

Amendment 39 #

Motion for a resolution
Paragraph 7

7. Considers it very important to continue to properly inform EU citizens about the Ombudsman’s role and the scope of the activities carried out by the Ombudsman, and of the Ombudsman’s influence on the development of the EU institutions; underlines that wider access to such documents is crucial to ensure that EU citizens can scrutinise and be aware of the information forming the basis for legislative action and, thus, is a precondition for the effective exercise of citizens’ democratic rights;

Amendment 4 #

Motion for a resolution
Recital C b (new)

Cb. whereas Article 298(1) TFEU establishes that ‘in carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration’;

Amendment 40 #

Motion for a resolution
Paragraph 8

8. Recalls that one of the ways to improve citizens’ perception of the EU is by making it more understandable and transparent to them; calls on the Commission to take the necessary steps to guarantee ~~full~~the best possible transparency; deeply regrets that despite the several calls by the Parliament and by the Ombudsman, the Council’s current work is still marred by a lack of transparency;

Amendment 41 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Paragraph 8

8. Recalls that one of the ways to improve citizens’ perception of the EU is by making it more understandable and transparent to them; calls on the Commission to take the necessary steps to guarantee ~~full~~ transparency; deeply regrets that despite the several calls by the Parliament and by the Ombudsman, the Council’s current work is still marred by a lack of transparency;

Amendment 42 #

Motion for a resolution
Paragraph 8

8. Recalls that one of the ways to improve citizens’ perception of the EU is by making it more accessible, understandable and transparent to them; calls on the Commission to take the necessary steps to guarantee full transparency; deeply regrets that despite the several calls by the Parliament and by the Ombudsman, the Council’s current work is still marred by a lack of transparency;

Amendment 43 #

Motion for a resolution
Paragraph 8 a (new)

8a. Deplores that the Council is still failing to comply with the transparency standards of a parliamentary and participatory democracy as required under the Treaties and requested by the Ombudsman in her Special report of May 2018; firmly believes that the Council needs, without further delay, to highly improve its transparency standards in order to fully uphold citizens’ democratic rights and increase citizens’ trust in the overall EU decision-making process by, inter alia, enabling citizens to hold their governments accountable;

Amendment 44 #

Motion for a resolution
Paragraph 8 b (new)

8b. Criticises the Council, which is persisting in preventing citizens from having timely access to legislative documents during ongoing legislative procedures, thus breaching citizens’ treaty-based right to participate in the democratic life of the Union; regrets the Council's refusal to give full public access to its documents, when negotiations on the draft ‘Digital Markets Act’ were ongoing, which amounted to maladministration;

Amendment 45 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Paragraph 9

9. Highlights that 2021 marked the twentieth anniversary of the Transparency Regulation coming into force; welcomes the special focus of the Ombudsman’s Office on this matter throughout the year 2021; notes with concern that the current legislation on public access to EU documents is severely obsolete due to technological advances in access to documentation in recent decades; ~~considers it a priority~~acknowledges the need to revise the Transparency Regulation in order to place the EU at the forefront of public access to EU documents and democratic transparency for citizens; welcomes the Ombudsman’s input in relation to the Transparency Regulation and invites the Commission, the Council and the relevant committee in Parliament to take the initiative on its revision;

Amendment 46 #

Motion for a resolution
Paragraph 9

9. Highlights that 2021 marked the twentieth anniversary of the Transparency Regulation (1049/2001)coming into force; welcomes the special focus of the Ombudsman’s Office on this matter throughout the year 2021; notes with concern that this system has shown positive effects but it could be adjusted to better adapt to technological developments that the current legislation on public access to EU documents is severely obsolete due to technological advances in access to documentation in recent decades; considers it a priority to revise the Transparency Regulation in order to place the EU at the forefront of public access to EU documents and democratic transparency for citizens; welcomes the Ombudsman’s input in relation to the Transparency Regulation and invites the Commission, the Council and the relevant committee in Parliament to take theis in~~itiative on its revis~~to consideration ;

Amendment 47 #

Motion for a resolution
Paragraph 9

9. Highlights that 2021 marked the twentieth anniversary of the Transparency Regulation coming into force; welcomes the special focus of the Ombudsman’s Office on this matter throughout the year 2021; notes with concern that the current legislation on public access to EU documents is severely obsolete due to technological advances in access to documentation and new means of communication and different ways of recording, managing and storing information in recent decades; considers it a priority to revise the Transparency Regulation in order to place the EU at the forefront of public access to EU documents and democratic transparency for citizens; welcomes the Ombudsman’s input in relation to the Transparency Regulation and invites the Commission, the Council and the relevant committee in Parliament to take the initiative on its revision;

Amendment 48 #

Motion for a resolution
Paragraph 10

10. Highlights the fact that the Ombudsman has launched a strategic initiative into how the administration records text and instant messages sent/received by staff members in their professional capacity; supports the Ombudsman’s commitment to improving the way the EU administration deals with text and instant messages and other new technologies in the context of its transparency obligations; recalls that text messages whose content relates to the policies, activities and decisions falling within the institution’s sphere of responsibility, are considered EU documents under the Transparency Regulation;

Amendment 49 #

Motion for a resolution
Paragraph 10

Amendment 5 #

Motion for a resolution
Recital D a (new)

Da. whereas the European Ombudsman should play a key role in the development of the EU rule of law, especially regarding the accountability of EU institutions and the development of the right to good administration;

Amendment 50 #

Motion for a resolution
Paragraph 10 a (new)

10a. Highlights that on May 18, 2021, after several accusations of lack of transparency in the EU institutions, the European Ombudsman launched a wide- ranging inquiry into the European Commission's handling of staff revolving door cases; recalls that good management of the revolving doors issue is essential to maintain confidence in the EU institutions; underlines that the Ombudsman has played an active role in the revolving door phenomenon since former Commission President José Manuel Barroso became the chairman of Goldman Sachs in 2015; underlines that the existing rules on revolving doors, apart from not being applied properly, are not sufficient to protect the integrity and independence of the EU institutions; calls on the Commission to sharpen the rules concerning revolving doors and conflict of interest and ensure that strong rules are implemented across all EU institutions;

Amendment 51 #

Motion for a resolution
Paragraph 10 a (new)

10a. In this context, is concerned about the serious lack of transparency from the Commission when it comes to the purchasing and distribution of vaccines under the Commission’s emergency public procurement procedure in 2020, in particular with regard to undisclosed private messages between the Commission President and the CEO of a large pharmaceutical company; recalls that text messages whose content relates to the policies, activities and decisions falling within the institution’s sphere of responsibility, are considered EU documents under the Transparency Regulation; calls on the Commission to fully live up to the principles of ethics, transparency and accountability vis-à-vis the European citizens;

Amendment 52 #

Motion for a resolution
Paragraph 11

11. Takes note of the fact that the Commission, as stated by Vice-President Věra Jourová during the public conference ‘Access to EU documents: what next?’, stands ready to continue the legislative work, in partnership with the co-legislators, on the two proposals to update the Transparency Regulation on access to documents, and to withdraw the proposals with a view to tabling an updated one; believes that any revision of the Transparency Regulation must result for the public to have full access to all documents concerning the various Union activities held by all EU institutions, bodies, offices and agencies;

Amendment 53 #

Motion for a resolution
Paragraph 11

11. Takes note of the fact that the Commission, as stated by Vice-President Věra Jourová during the public conference ‘Access to EU documents: what next?’, stands ready to continue the legislative work, in partnership with the co-legislators, on the two proposals to update the Transparency Regulation on access to documents, and to withdraw the proposals with a view to tabling an updated one; calls for an urgent reform to ensure that the EU’ access to documents rules are brought into line with the digital age;

Amendment 54 #

Motion for a resolution
Paragraph 12

12. ~~Reiterates its call for the EU institutions to ensure that informal trilogues are more transparent by hold~~Stresses the need to monitor the implementation of the Ombudsman’s recommendations of2016 for transparency in trilogues; welcomes the Ombudsman’s call for a greater transparency in trilogues while recognising the mnee~~tings in public~~d for the right balance between transparency and the particular challenges and sensitivities involved in reaching compromises on legislative proposals; reiterates its call ~~also~~ to publish before or shortly after trilogue meetings, documentation ~~including~~such as calendars, agendas, minutes, documents examined, amendments, decisions taken, information on Member State delegations and their positions and minutes, in a standardised and easily accessible online environment, by default and without prejudice to the exemptions listed in Article 4(1) of the Transparency Regulation;

Amendment 55 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER

Motion for a resolution
Paragraph 12

12. Reiterates its call for the EU institutions to ensure that ~~informal~~ trilogues are more transparent ~~by holding the meetings in public~~; reiterates its call also to publish the relevant documentation including calendars, agendas, minutes~~, documents examined, amendments,~~ of decisions taken, and information on Member State delegations ~~and their positions and minutes~~, in a standardised and easily accessible online environment, by default ~~and without prejudice to the exemptions listed in Article 4(1) of the Transparency Regulation~~in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council;

Amendment 56 #

Motion for a resolution
Paragraph 12

12. Reiterates its call for the EU institutions ~~to ensure~~in particular the Council and the European Parliament to support the recommendations of the Ombudsman towards more transparency in the legislative process by that informal trilogues are more transparent by holding the meetings in public; ~~reiterates its call also to publish~~also to publish and with regards to documentation including calendars, agendas, minutes, documents examined, amendments, decisions taken, information on Member State delegations and their positions and minutes, in a standardised and easily accessible online environment, by default and without prejudice to the exemptions listed in Article 4(1) of the Transparency Regulation;

Amendment 57 #

Motion for a resolution
Paragraph 12

12. Reiterates its call ~~for the EU institutions to ensure that informal trilogues are made more transparent, by holding the meetings in public; reiterates its call~~ also to publish documentation including calendars, agendas, minutes, documents examined, amendments, decisions taken, information on Member State delegations and their positions and minutes, in a standardised and easily accessible online environment, by default and without prejudice to the exemptions listed in Article 4(1) of the Transparency Regulation;

Amendment 58 #

Motion for a resolution
Paragraph 12

12. Reiterates its call for the EU institutions to ensure that informal trilogues are more transparent by holding the meetings in public; reiterates its call also to publish documentation including calendars, agendas, minutes, documents examined, amendments, decisions taken, information on Member State delegations and their positions and minutes, and lists of the political decision-makers involved in every procedure, in a standardised and easily accessible online environment, by default and without prejudice to the exemptions listed in Article 4(1) of the Transparency Regulation;

Amendment 59 #

Motion for a resolution
Paragraph 12 a (new)

12a. Welcomes the Ombudsman’s broad strategic inquiry into how the Commission handles revolving door situations as well as ‘revolving doors’ inquiries concerning other bodies of the European Union, such as the European Investment Bank or the European Defence Agency; reiterates its call on the Ombudsman to continue her work to ensure the timely publication of the names of all EU officials involved in revolving door’ cases and to guarantee full transparency with regard to all related information;

Amendment 6 #

Motion for a resolution
Recital E

E. whereas in 2021 the Ombudsman opened 338 inquiries, of which 332 were complaint-based and 6 own-initiative, and closed 305 inquiries (300 complaint-based and 5 own-initiative); whereas the enquiries help focus public attention on problems, which can help to promote change; whereas the greater part of the inquiries concerned the Commission (208 inquiries or 61.5 %); whereas the next largest numbers concerned the European External Action Service (EEAS) (16 inquiries or 4.7 %), Parliament (13 inquiries or 3.8 %), the European Personnel Selection Office (13 inquiries or 3.8 %), the European Border and Coast Guard Agency (Frontex) (11 inquiries or 3.3 %), the European Medicines Agency (8 inquiries or 2.4 %), the Council of the European Union (7 inquiries or 2.1 %), the European Anti- Fraud Office (6 inquiries or 1.8 %), and other institutions (34 inquiries or 10.1 %);

Amendment 60 #

Motion for a resolution
Paragraph 12 a (new)

12a. Regrets the lack of initiatives to defend the human rights of the citizens of the Republic of Cyprus who were driven from their ancestral homes by the Turkish army in 1974; expresses its concern at the continuous waves of illegal immigrants from Turkey being channelled into the unoccupied areas of the Republic of Cyprus, altering its demographic makeup and creating social problems;

Amendment 61 #

Motion for a resolution
Paragraph 12 a (new)

12a. Underlines the specific role and influences of Ombudsman in particular policy fields, including migration law, criminal justice and digital technologies regulation; calls for strengthening the role of Ombudsman in monitoring the use of AI by EU public authorities, especially with the proposal for an EU AI Act, as well as its contribution to transparency in this context;

Amendment 62 #

Motion for a resolution
Paragraph 12 b (new)

12b. Regrets the lack of initiatives to implement Article 14 of the Treaty of Lausanne regarding the special status of Imvros and Tenedos;

Amendment 63 #

Motion for a resolution
Paragraph 12 c (new)

12c. Deplores the complete lack of initiatives to compensate the Greeks of Istanbul, Imvros and Tenedos who were driven from their ancestral homes by the Turkish Government during the events of September 1955;

Amendment 64 #

Motion for a resolution
Paragraph 13

13. Points out that, following an inquiry into Frontex’s complaints mechanism, in which the Ombudsman drew attention to the agency’s delays in fulfilling its new obligations under the mechanism itself and those of the Fundamental Rights Officer, the Ombudsman has opened an own-initiative inquiry into how Frontex complies with its fundamental rights obligations and ensures accountability in relation to its enhanced responsibility; highlights that this inquiry seeks to clarify matters related to the accountability of Frontex’s joint operations, to activities related to returns of migrants and to migration support in screening at EU external borders;deleted

Amendment 65 #

Motion for a resolution
Paragraph 13

13. Points out that, following an inquiry into Frontex’s complaints mechanism, in which the Ombudsman drew attention to the agency’s delays in fulfilling its new obligations under the mechanism itself and those of the Fundamental Rights Officer, the Ombudsman has opened an own-initiative inquiry into how Frontex complies with its fundamental rights obligations and ensures accountability in relation to its enhanced responsibility; highlights that this inquiry seeksed to clarify matters related to the accountability of Frontex’s joint operations, to activities related to returns of migrants and to migration support in screening at EU external borders; welcomes the fact that no further inquiries were necessary;

Amendment 66 #

Motion for a resolution
Paragraph 13

Amendment 67 #

Motion for a resolution
Paragraph 13 a (new)

13a. Points out that, following the inquiry into access to documents held by the Council relating to the process for adopting the annual regulation on total allowable catches of certain fish stocks in the EU, the Ombudsman concluded that the Council fails to record the positions of Member State governments as expressed in Council ‘preparatory bodies’ or in meetings of the ministers, failed to provide timely access to legislative documents proactively and upon request, and has in place an incomplete register of documents; regrets that the Council did not follow her recommendation;

Amendment 68 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Paragraph 14

14. Welcomes the opening of an inquiry into the Commission’s role in assessing the sustainability of gas projects listed as projects of regional significance by the Energy Community – which brings together the EU, countries in the Western Balkans, countries in the Black Sea Region, and Norway – ~~as the gas projects might not have been covered by an adequate sustainability assessment~~following a complaint by a civil society organisation, which denounced that the Commission had failed to ensure that the sustainability of gas projects was properly assessed before being included on the list; ~~recall~~criticises that these projects were evaluated according to a ~~methodology formerly used~~n inadequate and no longer used methodology by the Commission for its list of Projects of Common Interest~~, which is currently inadequate and no longer used~~; considers that, particularly in the current geopolitical energy context, ~~energy projects~~the EU must only promote~~d or~~ and finance~~d by the EU should be evaluated in the most transparent, consistent and participative way possible~~, without further delay, truly renewable energy sources and projects, ensuring a fully transparent and participatory evaluation, consistent with its goal to accelerate the transition towards a highly energy-efficient and fully renewable-based economy;

Amendment 69 #

Francesca DONATO

Motion for a resolution
Paragraph 14

14. ~~Welcomes~~Takes note of the opening of an inquiry into the Commission’s role in assessing the sustainability of gas projects listed as projects of regional significance by the Energy Community – which brings together the EU, countries in the Western Balkans, countries in the Black Sea Region, and Norway ~~– as the gas projects might not have been covered by an adequate sustainability assessment before being included on the list~~; recalls that these projects were evaluated according to a methodology formerly used by the Commission for its list of Projects of Common Interest~~, which is currently inadequate and no longer used; considers that, particularly in the current geopolitical energy context,~~; considers that energy projects promoted or financed by the EU should be evaluated in the most transparent, consistent and participative way possible;

Amendment 7 #

Motion for a resolution
Recital E

E. whereas in 2021 the Ombudsman has helped 20536 people. It has opened 338 inquiries, of which 332 were complaint-based and 6 own-initiative, and closed 305 inquiries (300 complaint-based and 5 own-initiative); whereas the greater part of the inquiries concerned the Commission (208 inquiries or 61.5 %); whereas the next largest numbers concerned the European External Action Service (EEAS) (16 inquiries or 4.7 %), Parliament (13 inquiries or 3.8 %), the European Personnel Selection Office (13 inquiries or 3.8 %), the European Border and Coast Guard Agency (Frontex) (11 inquiries or 3.3 %), the European Medicines Agency (8 inquiries or 2.4 %), the Council of the European Union (7 inquiries or 2.1 %), the European Anti- Fraud Office (6 inquiries or 1.8 %), and other institutions (34 inquiries or 10.1 %);

Amendment 70 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Paragraph 14

14. ~~Welcomes~~Takes note of the opening of an inquiry into the Commission’s role in assessing the sustainability of gas projects listed as projects of regional significance by the Energy Community – which brings together the EU, countries in the Western Balkans, countries in the Black Sea Region, and Norway – as the gas projects might not have been covered by an adequate sustainability assessment before being included on the list; ~~recalls that these projects were evaluated according to a methodology formerly used by the Commission for its list of Projects of Common Interest, which is currently inadequate and no longer used;~~ considers that, particularly in the current geopolitical energy context, energy projects promoted or financed by the EU should be evaluated in the most transparent, consistent and participative way possible;

Amendment 71 #

Motion for a resolution
Paragraph 14

Amendment 72 #

Motion for a resolution
Paragraph 14 a (new)

14a. Welcomes the Ombudsman inquiry regarding the Commission’s refusal to give public access to documents concerning the purchase of vaccines against COVID-19 and the Ombudsman inquiry regarding the European Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID-19 vaccine;3a _________________ 3a https://www.ombudsman.europa.eu/en/cas e/en/59777

Amendment 73 #

Motion for a resolution
Paragraph 14 b (new)

14b. Highlights that based on the inquiry, the Ombudsman concluded that the Commission's refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID 19 vaccine (case 1316/2021/MIG) was maladministration; 5a _________________ 5a https://www.ombudsman.europa.eu/en/de cision/en/158295

Amendment 74 #

Motion for a resolution
Paragraph 14 c (new)

14c. Congratulates the Ombudsman for the inquiry on how the European Commission handled a request for public access to documents concerning the quality of medical masks distributed during the COVID-19 pandemic and highlights that the decision of the Ombudsman on this inquiry was that the Commission's refusal for public access to documents related to the purchase of 1.5 million medical masks that did not meet the required quality standards was maladministration; 7a _________________ 7a https://www.ombudsman.europa.eu/en/de cision/en/158295

Amendment 75 #

Motion for a resolution
Paragraph 15

15. Emphasises the importance of the adoption of an updated statute for the Ombudsman’s Office in June 2021; recalls that the new statute codifies many of the Office’s working practices over recent years; welcomes the fact that the revised statute provides a strengthened legal framework for the Office and introduces new safeguards that further guarantee its independence; strongly believes that the Office of the Ombudsman must be awarded an increased budget to provide it with the necessary resources to effectively handle the overall workload and ensure it is able to continue to work competently at the service of European citizereiterates that Article 17 of the Statute governing the performance of the Ombudsman’s duties stipulates that the seat of the Ombudsman shall be that of the European Parliament, as determined in point (a) of the sole article of Protocol No 6 on the location of the seats of the institutions;

Amendment 76 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER, Frédérique RIES

Motion for a resolution
Paragraph 15

15. Emphasises the importance of the adoption of an updated statute for the Ombudsman’s Office in June 2021; recalls that the new statute codifies many of the Office’s working practices over recent years; welcomes the fact that the revised statute provides a strengthened legal framework for the Office and introduces new safeguards that further guarantee its independence; strongly believes that the Office of the Ombudsman must be awarded an ~~increased budget to provide it with the necessary resources~~appropriate budget to effectively handle the overall workload and ensure it is able to continue to work competently at the service of European citizens;

Amendment 77 #

Motion for a resolution
Paragraph 15

15. Emphasises the importance of the adoption of an updated statute for the Ombudsman’s Office in June 2021; recalls that the new statute codifies many of the Office’s working practices over recent years; welcomes the fact that the revised statute provides a strengthened legal framework for the Office and introduces new safeguards that further guarantee its independence; strongly believes that the Office of the Ombudsman must ~~be awarded an increased~~have a sufficient budget to provide it with the necessary resources to effectively handle the overall workload and ensure it is able to continue to work competently at the service of European citizens;

Amendment 78 #

Motion for a resolution
Paragraph 16 a (new)

16a. Congratulates the Ombudsman for the continued focus on how the EU administration deals with so-called "revolving doors" and for opening a broad strategic inquiry into how the Commission handles revolving door situations; 6a _________________ 6a https://www.ombudsman.europa.eu/en/do c/annual-report/en/156017

Amendment 79 #

Motion for a resolution
Paragraph 20 a (new)

20a. Encourages the Ombudsman to continue her work in favour of citizens with disabilities and to ensure that they can fully enjoy their rights of referral to the European Ombudsman;

Amendment 8 #

Marie-Pierre VEDRENNE, Ulrike MÜLLER

Motion for a resolution
Recital F

F. whereas the top three concerns in the inquiries closed by the Ombudsman in 2021 were transparency and accountability (access to information and documents) (29 %), culture of service (26 %) and proper use of discretionary powers (including in infringement procedures) (18 %); whereas other concerns include respect for procedural rights, respect for fundamental rights, good management of personnel issues, sound financial management, public participation in EU decision-making, ethical issues, and whistleblowing in relation to the EU administration;

Amendment 80 #

Motion for a resolution
Paragraph 21

21. Congratulates the Ombudsman for expanding the role of the European Network of Ombudsmen (ENO) in capacity building and the sharing of best practices; between European Member States ;congratulates the ENO for organising targeted webinars focused on different topics including artificial intelligence and e-government in public administrations; Frontex’s complaints mechanism and the monitoring of forced returns; and institutional care~~, the use of EU funds and lessons from the COVID- 19 pandemic~~;

Amendment 81 #

Motion for a resolution
Paragraph 21

21. Congratulates the Ombudsman for expanding the role of the European Network of Ombudsmen (ENO) in capacity building and the sharing of best practices; congratulates the ENO for organising targeted webinars focused on different topics including artificial intelligence and e-government in public administrations; ~~Frontex’s complaints mechanism and the monitoring of forced returns;~~ and institutional care, the use of EU funds and lessons from the COVID-19 pandemic;

Amendment 82 #

Motion for a resolution
Paragraph 22

22. Encourages the Ombudsman to continue her collaboration with national ~~ombudsmen through the ENO~~and regional ombudsmen and strengthened cooperation amongst the different actors of the ENO that needs to ensure a high level of decision consistency; believes it necessary to step up interactions and exchanges of best practices with and between national and regional ombudsmen and the European Ombudsman to ensure that citizens are better informed about their rights and have better guidance when making complaints;

Amendment 83 #

Motion for a resolution
Paragraph 22

22. Encourages the Ombudsman to continue her collaboration with national ombudsmen through the ENO; believes it necessary to step up interactions and exchanges of best practices with and between national and regional ombudsmen and the European Ombudsman to ensure that citizens are better informed about their rights and have better guidance when making complaints; calls on this network to consider the role that national and regional ombudsmen could play in increasing the involvement of EU citizens in the EU decision-making process;

Amendment 84 #

Francesca DONATO

Motion for a resolution
Paragraph 22

22. Encourages the Ombudsman to continue her collaboration with national ombudsmen through the ENO; believes it necessary to step up interactions and exchanges of best practices with and between national and regional ombudsmen and the European Ombudsman to ensure that citizens are better informed about their rights and have better guidance when making complaints; regrets that Italy has not yet established the role of national Ombudsman;”

Amendment 85 #

Motion for a resolution
Paragraph 22 a (new)

22a. Urges the Ombudsman to address the problems being caused by the appeals mechanism available to asylum seekers whose applications have been rejected and the inadmissible failure to ensure the effective expulsion of third-country nationals illegally present in the EU;

Amendment 9 #