2015/2231(INI) | [ParlTrack]

Motion for a resolution
Recital N

N. whereas the institutions have been complying with 80 % of the Ombudsman’s proposals; whereas there still remain 20% of proposals that have been submitted and need to be complied with;

Amendment 11 #

Motion for a resolution
Recital Na (new)

Na. whereas the European Parliament’s Committee on Petitions, which received 2 714 petitions in 2014 alone, is an important cog in the institutional workings of the European Union, bringing Parliament closer to citizens; whereas a close relationship between the Ombudsman and the Committee on Petitions would improve the currently inadequate level of democratic oversight of the activity of the European institutions;

Amendment 12 #

Soledad CABEZÓN RUIZ

Motion for a resolution
Paragraph 2 – point 1 (new)

(1) Welcomes the efforts made by the Ombudsman in 2014 of reorganising her office for greater efficiency;

Amendment 13 #

Soledad CABEZÓN RUIZ

Motion for a resolution
Paragraph 2

2. Congratulates Emily O’Reilly on her re- election as European Ombudsman and for her excellent work; supports her objective of assisting the EU institutions in their drive to provide the best possible service to the citizens and residents of Europe;

Amendment 14 #

Motion for a resolution
Paragraph 3

3. ~~Notes that~~Gives its full support to the Ombudsman ~~has made~~’s greater use of ~~her~~ power to open strategic investigations on her own initiative ~~and ha~~; welcomes appointeding an Own- Initiative Investigation Co-ordinator; considers that it has been crucial that the Ombudsman put the focus on transparency as a guarantee of good administration;

Amendment 15 #

Motion for a resolution
Paragraph 3

3. ~~Not~~Welcomes that the Ombudsman has made greater use of her power to open strategic investigations on her own initiative and has appointed an Own- Initiative Investigation Co-ordinator; considers that it has been crucial that the Ombudsman put the focus on transparency as a guarantee of good administration;

Amendment 16 #

Motion for a resolution
Paragraph 3

3. ~~Not~~Welcomes that the Ombudsman has made greater use of her power to open strategic investigations on her own initiative and has appointed an Own- Initiative Investigation Co-ordinator; considers that it has been crucial that the Ombudsman put the focus on transparency as a guarantee of good administration;

Amendment 17 #

Motion for a resolution
Paragraph 3 a (new)

3a. Welcomes the Ombudsman’s more forward-looking approach and the adoption of the new five-year strategy ‘Towards 2019’;

Amendment 18 #

Motion for a resolution
Paragraph 3 b (new)

3b. Welcomes that the Ombudsman introduced a more strategic approach to tackle systematic issues and promoting good administration, including a working group to review the inquiry procedure to enhance their efficacy and effectiveness, a revised inquiry document template and new internal rules on whistleblowing; welcomes that the changes of administrative procedures already has created significant efficiency gains;

Amendment 19 #

Motion for a resolution
Paragraph 3 c (new)

3c. Welcomes the enhanced transparency by publishing of the Public Register of documents online;

Amendment 2 #

Motion for a resolution
Recital D

D. whereas Article 24 of the TFEU lays down that ‘every citizen of the Union may apply to the Ombudsman established in accordance with Article 228’; whereas Article 228 of the TFUE empowers the European Ombudsman to conduct inquiries into maladministration in the activities of the Union institutions, bodies, offices, and agencies, with the exception of the Court of Justice of the European Union acting in its judicial role; whereas Article 41 of the Charter of Fundamental Rights states that ‘Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union’;

Amendment 20 #

Motion for a resolution
Paragraph 5

5. Recalls that, over the years, 20-30 % of complaints have concerned transparency and that the most common transparency issues raised are the institutions’ refusal to grant access to documents and/or information; considers that openness and access to documents are an essential part of the system of institutional checks and balances; calls on the Ombudsman to investigate on the transparency issues regarding the Parliament’s access to Commission’s relevant documents on infringement and EU Pilot procedure, when these are related to existing petitions and particularly on the matters of confidentiality upon consent or not of involved third parties such as national authorities; considers that appropriate mechanisms net to be identified and put into place in order to ensure a faithful inter-institutional dialogue;

Amendment 21 #

Motion for a resolution
Paragraph 5

5. Recalls that, over the years, 20-30 % of complaints have concerned transparency and that the most common transparency issues raised are the institutions’ refusal to grant access to documents and/or information; considers that openness and access to documents are an essential part of the system of institutional checks and balances, as required by Article 15 of the Treaty on the Functioning of the European Union and Article 42 of the Charter of Fundamental Rights of the Union;

Amendment 22 #

Aldo PATRICIELLO

Motion for a resolution
Paragraph 5

5. Recalls that, over the years, 20-30 % of complaints have concerned transparency and that the most common transparency issues raised are the institutions’ refusal to grant access to documents and/or information; considers that openness and access to documents are an essential part of the system of institutional checks and balances and strongly supports any initiative the Commission and the EU institutions wish to take to ensure fair, swift and simple access for all to EU documentation;

Amendment 23 #

Motion for a resolution
Paragraph 5 a (new)

5a. Warns that not all the provisions related to the Aarhus Convention and its related regulations (1367/2006/EC and 1049/2001/EC) are duly complied with effectively yet; considers that there is still much room for improvement in the field of transparency from the European Commission side, particularly concerning the availability in terms of quantity and quality of the information provided to individual citizens and civil society organisations upon their request to access to documents; invites the Ombudsman to conduct an investigation on the basis of the extensive petition 0134/2012 on these matters, in view of identifying and redressing any possible maladministration concerning the implementation of these regulations by the concerned EU institutions;

Amendment 24 #

Motion for a resolution
Paragraph 5a (new)

5a. Warns that the ‘revolving door’ is a common phenomenon in the European Union; points out that, according to its annual report, the Ombudsman investigated complaints from five NGOs and looked into 54 of the Commission’s files; deplores the fact that this sequence of events, and similar cases in many Member States such as Spain, undermines public confidence in the institutions;

Amendment 25 #

Notis MARIAS

Motion for a resolution
Paragraph 6

6. Notes that as a result of the Ombudsman’s inquiries the European Commission published documents on Greece’s entry into the Eurozone which should lead to investigate and clarify the role of certain international banks and European officials in the Greek public debt, the European Central Bank disclosed a letter to the Irish government on the financial crisis, and that the European Commission followed the Ombudsman’s recommendation to release documents on the reform of the Common Fisheries Policy, albeit after an agreement on the reform had been reached;

Amendment 26 #

Motion for a resolution
Paragraph 7

7. Welcomes the Ombudsman’s inquires in connection with the ongoing TTIP negotiations, with particular focus on their lack of transparency; notes that the Council has since published the Directives the EU is using to negotiate the TTIP and that the Commission has announced plans to increase transparency in lobbying and broaden access to TTIP documents;

Amendment 27 #

Soledad CABEZÓN RUIZ

Motion for a resolution
Paragraph 7

7. Welcomes the progress in transparency in the TTIP negotiation. Welcomes the Ombudsman’s inquires in connection with the ongoing TTIP negotiations; notes that the Council has since published the Directives the EU is using to negotiate the TTIP and that the Commission has announced plans to increase transparency in lobbying and broaden access to TTIP documents; notes the concerns of the citizen about the transparency in the TTIP negotiations;

Amendment 28 #

Motion for a resolution
Paragraph 7

7. Welcomes the Ombudsman’s inquires in connection with the ongoing TTIP negotiations; notes that the Council has since published the Directives the EU is using to negotiate the TTIP and that the Commission has announced plans to increase transparency in lobbying and broaden access to TTIP documents; recalls that the Committee on Petitions receives many anonymous complaints from groups and citizens concerning the lack of transparency in the negotiations; applauds the success of the popular European Citizens’ Initiative Stop TTIP , which has received 3 284 289 signatures, showing the profound public concern on this issue at European level;

Amendment 29 #

Motion for a resolution
Paragraph 7 a (new)

7a. Wonders whether the long delays in the decision-making of some legislative initiatives in the Council, such as the horizontal anti-discrimination directive which has been frozen for over six years, or the ratification of the Marrakech Treaty for the copyright exemption for blind people in the access to books, do not fall within the category of maladministration, since they create a lot of frustration on the concerned citizens towards the EU institutions; urges the Council and particularly the blocking minorities therein, to take the necessary steps to address these unbearable situations; suggests the Ombudsman to explore this issue within the scope of its competences;

Amendment 3 #

Motion for a resolution
Recital D a (new)

Da. whereas Article 43 of the Charter states: ‘Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role’; whereas this definition does not limit maladministration to cases where the rule or principle that is being violated is legally binding; whereas the principles of good administration go further than the law and according to the first European Ombudsman, ‘maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it’; whereas this requires the institutions, bodies, offices and agencies of the Union not only to respect their legal obligations but also to be service-minded and to ensure that members of the public are properly treated and fully enjoy their rights;

Amendment 30 #

Motion for a resolution
Paragraph 8

8. Welcomes the Ombudsman’s increased focus on transparency in lobbying activities and her work towards a mandatory Transparency Register, so that citizens may know who is trying to influence EU decision makers; welcomes her inquiry into the composition and transparency of expert groups at the Commission, in particular those advising on the Common Agricultural Policy where the EU spends more than a third of its budget; supports her approach and encourages her to continue monitoring transparency in the composition of these groups in order to guarantee a balanced representation in ~~all such groups in all policy areas; calls on the Ombudsman to fight for gender balance within th~~the wide range of economic and non- economic intereset groups in all policy areas;

Amendment 31 #

Motion for a resolution
Paragraph 8

8. Welcomes the Ombudsman’s increased and necessary focus on transparency in lobbying activities and her work towards a mandatory Transparency Register, so that citizens may know who is trying to influence EU decision makers; takes the view, therefore, that the register should also state the human and financial resources lobbies dedicate in doing so; welcomes her inquiry into the composition and transparency of expert groups at the Commission, in particular those advising on the Common Agricultural Policy where the EU spends more than a third of its budget; supports her approach and encourages her to continue monitoring transparency in the composition of these groups in order to guarantee a balanced representation in all such groups in all policy areas; calls on the Ombudsman to fight for gender balance within these groups;

Amendment 32 #

Motion for a resolution
Paragraph 9

9. Welcomes the Transparency Register, in which more than 7000 institutions have voluntarily registered; what reflects the variety of public and private stakeholders that the European institutions are constantly working with; welcomes the Ombudsman’s support for Vice President Timmermans’ plan to work towards a mandatory register and welcomes the Commission’s decision of 1 December 2014 obliging all members of the Commission and senior staff to publish all contacts and meetings with stakeholders and lobbyists;

Amendment 33 #

Motion for a resolution
Paragraph 9

9. Welcomes the Transparency Register, in which more than 7000 institutions have voluntarily registered; welcomes the Ombudsman’s support for Vice President Timmermans’ plan to work towards a mandatory register and welcomes the Commission’s decision obliging all members of the Commission and senior staff to publish all contacts and meetings with stakeholders and lobbyists; welcomes the Ombudsman’s efforts to investigate revolving doors and encourages the Ombudsman to further define and investigate authorities’ conflicts of interest at the different levels of the EU institutions;

Amendment 34 #

Ángela VALLINA

Motion for a resolution
Paragraph 9

9. Welcomes the Transparency Register, in which more than 7000 institutions have voluntarily registered; welcomes the Ombudsman’'s support for Vice President Timmermans’ plan to work towards a mandatory register and welcomes the Commission’s decision obliging all members of the Commission and senior staff to publish all contacts and meetings with stakeholders and lobbyists; stresses that the register should include as much information as possible on the human, material financial resources available to lobbies with a view to complying the provisions of the treaties on openness and good governance in the institutions;

Amendment 35 #

Notis MARIAS

Motion for a resolution
Paragraph 9

9. Welcomes the Transparency Register, in which more than 7000 institutions have voluntarily registered; welcomes the Ombudsman’s support for Vice President Timmermans’ plan to work towards a mandatory register and welcomes the Commission’s decision obliging all members of the Commission and senior staff to publish all contacts and meetings with stakeholders and lobbyists: strongly encourages the Ombudsman to keep vigilance and full determination towards the phenomenon called ‘revolving doors’ which affects the highest EU officials as well as the entire hierarchy of their administration and of the 36 European agencies with obvious risks of conflict of interest; recommends to keep urging the European Commission to deliver full transparency regarding about 3094 experts Groups, its technology platforms (advising on research funding) and European agencies i.e., guarantees of independence, full list of the members with their CV and declaration of interests, membership conditions, agendas and reports of the meeting etc.;

Amendment 36 #

Notis MARIAS

Motion for a resolution
Paragraph 9 a (new)

9a. Reminds that the European Parliament had set in 2012 conditions when lifting the freeze of experts groups budget: no corporate dominance, no lobbyists sitting, open calls for participation, rules preventing a single interest having a majority of seats in any expert group, declaration of the interests, incomes and activities by the experts, publication on Internet of all the relevant documents related to experts group on the Experts Group Register Website;

Amendment 37 #

Motion for a resolution
Paragraph 9 a (new)

9a. Considers that the notion of conflict of interests goes beyond a simple matter of transparency and that ensuring a conflict of interest-free European public administration is a primary concern when attempting to build a true European democracy; suggests that beyond the current definitions, more clear and detailed criteria and enforcement mechanisms should effectively be developed and put into place in order to prevent conflict of interest at any level of the European public function, in order to safeguard the trust of European citizens and between public servants themselves and across institutions; takes the view that particularly this should entail preventing certain persons suspected of being involved, or potentially, in a conflict of interests; encourages the Ombudsman to research upon these matters, taking into account the UNCAC provision, the OECD Guidelines for Managing Conflict of Interest in the Public Service, and also Transparency International’s specific recommendations, and to come up with some conclusions and concrete proposals in their regard;

Amendment 38 #

Motion for a resolution
Paragraph 10a (new)

10a. Call on the Member States to be more diligent in their mandatory collaboration with the Ombudsman; warns that the highest numbers of complaints received in 2014 came from Spain (309), Germany (219) and Poland (208); notes with concern that the highest numbers of investigations opened were in Belgium (50), Germany (45), and Italy (38);

Amendment 39 #

Motion for a resolution
Paragraph 11

11. Urges the Ombudsman to continue promoting ~~greater~~full transparency in clinical trials, especially in the quality assessment of results by the European Medicines Agency; recalls that this assessment should be based on the added value of innovative drugs and the real cost of research in order to facilitate Member States’ pricing and financing models;

Amendment 4 #

Motion for a resolution
Recital D a (new)

Da. whereas Article 43 of the Charter of Fundamental Rights states that ‘Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.’

Amendment 40 #