2018/2080(INL) | [ParlTrack]

Motion for a resolution
Annex – recital 1

(1) The regulations and general conditions governing the performance of the Ombudsman's duties should be laid down in compliance with the provisions of the Treaty on the Functioning of the European Union, particularly Articles 20 and 228, the Treaty establishing the European Atomic Energy Community and the Charter of Fundamental Rights of the European Union.

Amendment 10 #

Motion for a resolution
Annex – recital 11

(11) It is desirable to take steps so as to allow the ~~Ombudsman to develop his or her cooperatio~~cooperation of the Ombudsman with the European Union Agency for Fundamental Rights, since such cooperation may render the performance of the Ombudsman’s duties more effective. A provision should also be made for the possibility of cooperation between the Ombudsman and authorities of the same type in the Member States, in compliance with the national laws applicable.

Amendment 11 #

Motion for a resolution
Annex – recital 13

(13) The Ombudsman should ~~perform his or her duties~~act with complete independence and give a solemn undertaking before the Court of Justice ~~that he or she will do so when taking up his or her duties~~when taking up the office. The incompatibilities, the remuneration, the privileges and the immunities of the Ombudsman should be laid down.

Amendment 12 #

Motion for a resolution
Annex – article 1 - paragraph 2

2. The Ombudsman shall ~~perform his or her duties~~act with independence from the Union institutions, bodies, offices and agencies, in accordance with the powers conferred on them by the Treaties, and with due regard to Articles 20 and 228 of the TFEU and Article 41 of the Charter of Fundamental Rights of the European Union on the right to good administration.

Amendment 13 #

Motion for a resolution
Annex - article 1 – paragraph 3

3. In the performance of his or her duties, the Ombudsman may not intervene in cases ~~before court~~where the alleged facts are or have been the subject of legal proceedings nor may the Ombudsman question the soundness of a court's ruling or a court’s competence to issue a ruling.

Amendment 14 #

Motion for a resolution
Annex - article 2 – paragraph 1

1. The Ombudsman shall help to uncover 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, and, where appropriate, shall make recommendations with a view to putting an end to it. No action by any other authority or person may be the subject of a complaint to the Ombudsman.

Amendment 15 #

Motion for a resolution
Annex - article 2 – paragraph 4

4. A complaint shall be made within twohree years of the date on which the facts on which it is based came to the attention of the complainant and shall be preceded by the appropriate administrative approaches to the institutions, bodies, offices and agencies concerned.

Amendment 16 #

Motion for a resolution
Annex - article 2 – paragraph 5

5. The Ombudsman shall determine whether a complaint is within ~~his or~~ ther mandate of the office and, if so, whether it is admissible. Where a complaint is outside the mandate or inadmissible, the Ombudsman, before closing the file, may advise the complainant to address it to another authority.

Amendment 17 #

Motion for a resolution
Annex - article 2 – paragraph 7

7. ~~When t~~The Ombudsman~~, because of~~ shall not be entitled to take a decision while legal proceedings are in progress ~~or concluded~~ concerning the facts which have been put forward~~, has to declare a complaint inadmissible or terminate consideration of it, the outcome of any inquiries~~ or where a legal proceeding concerning such facts has been concluded. However, the Ombudsman sha~~s carried out up to that point shall be filed definitively~~ll have the right to make recommendations where it finds that an institution, body, office or agency is not properly applying a court ruling.

Amendment 18 #

Motion for a resolution
Annex - article 2 – paragraph 8

8. No complaint may be made to the Ombudsman that concerns work relationships between the Union institutions, bodies, offices and agencies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and complaints, in particular the procedures referred to in Article 90 of the Staff Regulations of Officials of the European Union [and the Conditions of Employment of Other Servants of the Union], laid down in Council Regulation (EEC, Euratom, ECSC) No 259/683 (“the Staff Regulations”), have been exhausted by the person concerned and the time-limits for replies by the institution, body, office or agency concerned have expired. Specific implementing provisions to ensure that cases of sexual harassment are dealt with in an appropriate mannershall be adopted. __________________ 3 OJ L 56, 4.3.1968, p. 1.

Amendment 19 #

Motion for a resolution
Annex - article 3 – paragraph 1

1. The Ombudsman shall, on ~~his or her~~ own initiative or following a complaint, conduct ~~all the~~ inquiries, including those following up previous ones~~, which the Ombudsman considers justified to clarify any suspected maladministration~~ or those of a more strategic or structural nature, which the Ombudsman considers justified to combat maladministration and promote good administrative practices in the activities of Union institutions, bodies, offices and agencies. The Ombudsman shall inform the institution, body, office or agency concerned of such action, which may submit any useful comment to the Ombudsman.

Amendment 2 #

Motion for a resolution
Annex – recital 2

(2) In particular, Article 41 of the Charter of the Fundamental Rights of the European Union recognises the right to good administration as a fundamental right of European citizens. In its turn, Article 43 of the Charter recognises the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices and agencies of the Union. In order for these rights to be effective and to enhance ~~his or~~ ther capacity to conduct thorough and impartial inquiries, the Ombudsman should be provided with all the tools that are necessary to perform ~~his or her duties~~ the duties of the office successfully.

Amendment 20 #

Motion for a resolution
Annex - article 3 – paragraph 2

2. Without prejudice to his or her primary duty of handling complaints, the Ombudsman may conduct own-initiative inquiries in order to identify repeated or particularly serious instances of maladministration and promote good administrative practices within the Union institutions, bodies, offices and agencies.

Amendment 21 #

Motion for a resolution
Annex - article 3 – paragraph 2

2. Without prejudice to ~~his or~~ ther primary duty of handling complaints, the Ombudsman may conduct own-initiative inquiries in order to identify repeated instances of maladministration and promote good administrative practices within the Union institutions, bodies, offices and agencies.

Amendment 22 #

Motion for a resolution
Annex - article 3 – paragraph 3 - subparagraph 4

The institutions, bodies, offices or agencies concerned shall give access to documents originating in a Member State and classified as secret by law only where th~~at Member State has given its prior agreement~~e appropriate measures for the handling of the documents with an equivalent level of security have been established by the Ombudsman.

Amendment 23 #

Motion for a resolution
Annex - article 3 – paragraph 3 - subparagraph 4a (new)

They shall give access to other documents originating in a Member State after having informed the Member State concerned.

Amendment 24 #

Motion for a resolution
Annex - article 3 – paragraph 3 - subparagraph 5

Officials and other servants of Union institutions, bodies, offices and agencies shall, at the request of the Ombudsman, testify to facts which relate to an ongoing inquiry by the Ombudsman. The officials or servants in question shall speak on behalf of and as instructed by their institution, body, office or agency. They shall continue to be bound by the obligations arising from the rules to which they are subjectOmbudsman shall process this testimony according to the need for confidentiality.

Amendment 25 #

Motion for a resolution
Annex - article 3 – paragraph 3 - subparagraph 5

Officials and other servants of Union institutions, bodies, offices and agencies shall, at the request of the Ombudsman, testify to facts which relate to an ongoing inquiry by the Ombudsman. The officials or servants in question shall speak on behalf of ~~and as instructed by~~ their institution, body, office or agency. They shall continue to be bound by the obligations arising from the rules to which they are subject.

Amendment 26 #

Motion for a resolution
Annex - article 3 – paragraph 3 - subparagraph 6

Where the institution, body, office or agency concerned withholds permission from its officials or other servants to testify to specific matters, it shall state the reasons to the Ombudsman and, where possible, propose alternative modalities of information-sharing.deleted

Amendment 27 #

Motion for a resolution
Annex - article 3 – paragraph 3 - subparagraph 6

Amendment 28 #

Motion for a resolution
Annex - article 3 – paragraph 4

4. In so far as their national law allows, the competent authorities of the Member States shall, at the request of the Ombudsman or on their own initiative, transmit to the Ombudsman any information or document that may help to clarify instances of maladministration by Union institutions, bodies, offices or agencies in a preferential and urgent manner. Where such information or document is covered by national law on the processing of confidential information or by provisions preventing its being communicated, the Member State concerned may allow the Ombudsman to have access to this information provided that he or she undertakes not to divulge it.

Amendment 29 #

Motion for a resolution
Annex - article 3 – paragraph 4

4. ~~In so far as their national law allows, t~~The competent authorities of the Member States shall, at the request of the Ombudsman or on their own initiative, transmit to the Ombudsman any information or document that may help to clarify instances of maladministration by Union institutions, bodies, offices or agencies. Where such information or document is covered by national law on the processing of confidential information or by provisions preventing its being communicated, the Member State concerned may allow the Ombudsman to have access to this information ~~provided that he or she undertakes not to divulge it~~following an agreement on the adequate handling of the confidential information .

Amendment 3 #

Motion for a resolution
Annex – recital 4a (new)

(4a) The Ombudsman should have the right to make recommendations where finding that an institution, body, office or agency is not properly applying a court ruling.

Amendment 30 #

Motion for a resolution
Annex - article 3 – paragraph 5

5. If the assistance ~~which he or she~~ requestsed is not forthcoming, the Ombudsman shall inform the European Parliament, which shall make appropriate representations.

Amendment 31 #

Motion for a resolution
Annex - article 3 – paragraph 6

6. If the Ombudsman finds there has been maladministration, he or she shall inform the institution, body, office or agency concerned, where appropriate making draft recommendations. The institution, body, office or agency so informed shall send the Ombudsman a detailed opinion within three months. The Ombudsman may, upon request of the institution, body, office or agency concerned, grant an extension of maximum two months. When no opinion is delivered by the institution, body, office or agency concerned within the three months or within the extended deadline, the Ombudsman may close the inquiry without an opinion.

Amendment 32 #

Motion for a resolution
Annex - article 3 – paragraph 6

6. ~~If the Ombudsman finds there has been~~Where grounds of maladministration, h~~e or she~~ave been found, the Ombudsman shall inform the institution, body, office or agency concerned, where appropriate making draft recommendations. The institution, body, office or agency so informed shall send the Ombudsman a detailed opinion within three months.

Amendment 33 #

Motion for a resolution
Annex - article 3 – paragraph 6

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

Amendment 34 #

Motion for a resolution
Annex - article 3 – paragraph 8

8. Where appropriate in relation to an inquiry into the activities of a Union institution, body, office or agency, the Ombudsman may ~~request to~~ appear before the European Parliament, on the Ombudsman's own initiative or at the request of the European Parliament, at the most appropriate level.

Amendment 35 #

Motion for a resolution
Annex - article 3 – paragraph 9

9. As far as possible, the Ombudsman shall seek a solution with the institution, body, office or agency concerned to eliminate the instance of maladministration and satisfy the complaint. The Ombudsman shall inform the complainant of the ~~envisaged solution~~solution proposed along with the comments, if any, of the institution, body, office or agency concerned. If the complainant so wishes, the complainant shall be entitled to submit comments to the Ombudsman.

Amendment 36 #

Motion for a resolution
Annex - article 3 – paragraph 10

10. At the end of each annual session the Ombudsman shall submit to the European Parliament a report on the outcome of ~~his or~~ ther inquiries carried out. The report shall include an assessment of the compliance with the Ombudsman’s recommendations and an assessment of the adequacy of the resources available to perform the Ombudsman’s duties. These assessments may also be the subject of separate reports.

Amendment 37 #

Motion for a resolution
Annex - article 3 a (new)

Article 3 a The Ombudsman and the staff of the Ombudsman shall deal with requests for public access to documents in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001. With regards to complaints regarding the right of public access to official documents, the Ombudsman shall, following due analysis and all necessary considerations, issue a recommendation concerning the access or else to said documents, which the institution, body, office or agency concerned shall deliver within the deadline provided for by Regulation (EC) No 1049/2001. If the concerned institution, body, office or agency does not follow the recommendation to divulge the said documents, it shall duly state the reasons for its refusal. In this case, the Ombudsman shall inform the complainant about the legal remedies available, including the procedures available to refer the case to the Court of Justice of the European Union.

Amendment 38 #

Motion for a resolution
Annex - article 3 b (new)

Article 3 b The Ombudsman shall also be entitled to open new inquiries based on the information provided by whistle-blowers, who may report in confidentiality and anonymity, in case the practices described may represent instances of maladministration in the Union. To that end, applicable staff regulations regarding secrecy may be waived if necessary.

Amendment 39 #

Motion for a resolution
Annex - article 3 c (new)

Article 3 c The Ombudsman shall conduct regular assessments of the whistleblowing policies and procedures in place in the relevant institutions, bodies, offices and agencies of the Union, and formulate appropriate recommendations for improvement. The Ombudsman may confidentially provide impartial expert guidance to potential whistle-blowers concerning the scope of application of the relevant provisions in Union law.

Amendment 4 #

Motion for a resolution
Annex – recital 6

(6) In order to strengthen the Ombudsman’s role, it is desirable to allow the Ombudsman, without prejudice to ~~his or~~ ther primary duty of handling complaints, to conduct own-initiative inquiries with a view to identifying repeated instances of maladministration and promoting good administrative practices within the Union institutions, bodies, offices and agencies.

Amendment 40 #

Motion for a resolution
Annex - article 3 d (new)

Article 3 d The Ombudsman shall ensure the impartiality of the Union’s administrative actions, and shall accordingly have the capacity to assess whether the general procedures applicable in the institutions, bodies, offices and agencies of the Union and their concrete application in particular cases comply with this principle. The Ombudsman may identify and assess possible instances of conflicts of interest at all levels within the institutions, bodies, offices and agencies of the Union, which could constitute a source of maladministration. Where appropriate, the Ombudsman shall inform the European Parliament of its findings.

Amendment 41 #

Motion for a resolution
Annex - article 4 – paragraph 1

1. The Ombudsman and his or her staff, to whom Article 339 of the Treaty on the functioning of the European Union and Article 194 of the Treaty establishing the European Atomic Energy Community shall apply, shall be required not to divulge information or documents which they obtain in the course of their inquiries. Without prejudice to paragraph 2, they shall, in particular, be required not to divulge any classified information or document supplied to the Ombudsman or documents falling within the scope of Union law regarding the protection of personal data, as well as any information which could harm the complainant or any other person involved.deleted

Amendment 42 #

Morten MESSERSCHMIDT

Motion for a resolution
Annex - article 4 – paragraph 2 – subparagraph 1

If, in the course of inquiries, the Ombudsman learns of facts which he or she considers might relate to criminal law, the Ombudsman shall notify the competent national authorities and, in so far as the case falls within their powers, the European Anti-fraud ~~Office and the European Public Prosecutor’s~~ Office. If appropriate, the Ombudsman shall also notify the Union institution, body, office or agency with authority over the official or servant concerned, which may apply the second paragraph of Article 17 of Protocol No 7 on the Privileges and Immunities of the European Union.

Amendment 43 #

Motion for a resolution
Annex - article 4 – paragraph 2 – subparagraph 1

If, in the course of inquiries, the Ombudsman learns of facts which ~~he or she considers~~ might relate to criminal law, the Ombudsman shall notify the competent national authorities and, in so far as the case falls within their powers, the European Anti- fraud Office and the European Public Prosecutor’s Office. If appropriate, the Ombudsman shall also notify the Union institution, body, office or agency with authority over the official or servant concerned, which may apply the second paragraph of Article 17 of Protocol No 7 on the Privileges and Immunities of the European Union.

Amendment 44 #

Motion for a resolution
Annex - article 4 – paragraph 2 – subparagraph 2

The Ombudsman may also notify the Union institution, body, office or agency concerned of the facts calling into question the conduct of a member of their staff as well as any persistent activity hampering the ongoing inquiry.

Amendment 45 #

Motion for a resolution
Annex - article 5

The Ombudsman and ~~his or~~ ther staff thereof shall deal with requests for public access to documents~~, other than those referred to in Article 4(1),~~ in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001.

Amendment 46 #

Motion for a resolution
Annex - article 6 – paragraph 1

1. The Ombudsman may cooperate with authorities of the same type in the Member States provided that the Ombudsman complies with the national law applicable. ~~The Ombudsman may not by this means demand to see documents to which he or she would not have access under Article 3.~~

Amendment 47 #

Motion for a resolution
Annex - article 6 – paragraph 2

2. Within the scope of his or her duties, the Ombudsman shall cooperate with the European Union Agency for Fundamental Rights~~. The Ombudsman may, under the same conditions, cooperate with institutions and bodies of Member States in charge of the promotion and protection of fundamental rights. The Ombudsman shall~~ and with other institutions and bodies, while avoiding any duplication with their activiti~~es of the European Union Agency for Fundamental Rights or the relevant institutions or bodies of the Member Stat~~es.

Amendment 48 #

Motion for a resolution
Annex - article 6 – paragraph 2

2. Within the scope of ~~his or her duties~~the duties of the office, the Ombudsman shall cooperate with the European Union Agency for Fundamental Rights. The Ombudsman may, under the same conditions, cooperate with institutions and bodies of Member States in charge of the promotion and protection of fundamental rights. The Ombudsman shall avoid any duplication with the activities of the European Union Agency for Fundamental Rights or the relevant institutions or bodies of the Member States.

Amendment 49 #

Motion for a resolution
Annex - article 7 – paragraph 2

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

Amendment 5 #

Motion for a resolution
Annex – recital 7

(7) In order to increase the effectiveness of ~~his or her action~~the office, the Ombudsman should be entitled, on ~~his or her~~ own initiative or by virtue of a complaint, to conduct inquiries following up previous inquiries so as to ascertain whether and to what extent the institution, body, office or agency concerned has complied with ~~his or~~ ther recommendations put forward. The Ombudsman should also be entitled to include in ~~his or~~ ther annual report to the European Parliament an assessment of the compliance rate of ~~his or~~ ther recommendations and an assessment of the adequacy of the resources made available to perform ~~his or her duties~~the duties of the office.

Amendment 50 #

Motion for a resolution
Annex - article 8 – paragraph 1

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

Amendment 51 #

Motion for a resolution
Annex - article 8 – paragraph 2

2. Save in the event of ~~his or her~~ dismissal, the Ombudsman shall remain in office until a new Ombudsman has been elected.

Amendment 52 #

Motion for a resolution
Annex - article 9

Where the European Parliament intends to request the dismissal of the Ombudsman in accordance with Article 228(2) of the TFEU, it ~~may~~shall hear the Ombudsman before making such a request.

Amendment 53 #

Motion for a resolution
Annex - article 10 – paragraph 1

1. In the performance of ~~his or her~~the office duties, the Ombudsman shall act in accordance with Article 228(3) of the TFEU. The Ombudsman shall refrain from any act incompatible with the nature of ~~his or her~~the office duties.

Amendment 54 #

Motion for a resolution
Annex - article 10 – paragraph 2

2. When taking up ~~his or her duties~~the office, the Ombudsman gives a solemn undertaking before the Court of Justice sitting as a full Court ~~that he or she will perform his or her duties~~of the commitment to act with complete independence and impartiality and t~~hat during and after his or her term of office he or she will~~o respect the obligations arising therefrom during and after the term of office, in particular ~~his or~~ ther duty to behave with integrity and discretion as regards the acceptance, after the ~~or she has ceased to hold~~end of the term of office, of certain appointments or benefits.

Amendment 55 #

Motion for a resolution
Annex - article 11 – paragraph 1

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

Amendment 56 #

Enrique GUERRERO SALOM, Ramón JÁUREGUI ATONDO

Motion for a resolution
Annex - article 12 – paragraph 1a (new)

1a. The Ombudsman shall aim to achieve gender parity within the composition of the secretariat.

Amendment 57 #

Motion for a resolution
Annex - article 12 – paragraph 2

2. The officials and servants of the Ombudsman's secretariat shall be subject to the rules and regulations applicable to officials and other servants of the European Union. Their number shall be adopted each year as part of the budgetary procedure and be adequate for the proper performance of the Ombudsman's duties and workload.

Amendment 58 #

Motion for a resolution
Annex - article 12 – paragraph 4

4. In matters concerning ~~his or~~ ther staff, the Ombudsman shall have the same status as the institutions within the meaning of Article 1a of the Staff Regulations.

Amendment 59 #

Motion for a resolution
Annex - article 12a (new)

Article 12 a The Ombudsman shall be awarded an adequate budget, providing for his or her independence and for the performance of his or her duties.

Amendment 6 #

Motion for a resolution
Annex – recital 8

(8) The Ombudsman should have access to all the elements required for the performance of ~~his or her duties~~the duties of the office. To that end, Union institutions, bodies, offices and agencies are to be obliged to supply the Ombudsman with any information ~~which he or she~~ requestsed of them, without prejudice to the Ombudsman's obligation not to divulge such information. Access to classified information or documents should be subject to compliance with the rules on the processing of confidential information by the Union institution, body, office or agency concerned. The institutions, bodies, offices or agencies supplying classified information or documents should inform the Ombudsman of such classification. For the implementation of the rules on the processing of confidential information by the Union institution, body, office or agency concerned, the Ombudsman should have agreed in advance with the institution, body, office or agency concerned the conditions for treatment of classified information or documents. If the Ombudsman finds that the assistance requested is not forthcoming, he or she should inform the European Parliament, which should make appropriate representations.

Amendment 60 #

Enrique GUERRERO SALOM, Ramón JÁUREGUI ATONDO

Motion for a resolution
Annex - article 12 a (new)

Article 12 a The Ombudsman shall appoint within the secretariat a person or structure that is able to assess in a timely manner whether harassment cases of all kind and nature are handled adequately within the institutions, bodies, offices and agencies of the Union and, where appropriate, to provide advice to Union staff.

Amendment 61 #

Motion for a resolution
Annex - article 15 – paragraph 1 - point a

(a) procedural rights of the complainant and the institution, body, office or agency concerned; and on ensuring the protection of persons reporting cases of breaches of Union law or whistleblowing within the institutions, body, office or agency of the Union, in accordance with Article 22a of the Staff Regulations.

Amendment 7 #

Motion for a resolution
Annex – recital 9

(9) The Ombudsman and ~~his or~~ ther staff thereof are to be obliged to treat in confidence any information which they have acquired in the course of their duties. However, the Ombudsman should inform the competent authorities of facts ~~which he or she considers~~that might relate to criminal law and which have come to ~~his or~~ ther attention of the Ombudsman in the course of ~~his or her~~an inquir~~ies~~y. The Ombudsman should also be able to inform the Union institution, body, office or agency concerned of the facts calling into question the conduct of a member of their staff.

Amendment 8 #

Morten MESSERSCHMIDT

Motion for a resolution
Annex – recital 10

(10) Account should be taken of the ~~recent changes concerning the~~ protection of the Union’s financial interests against criminal offences, ~~notably the establishment of the European Public Prosecutor’s Office by Council Regulation (EU) 2017/19392 ,~~ so as to allow the Ombudsman to notify a competent national authority of any information falling within the latter’s remit. Likewise, in order to fully respect the presumption of innocence and the rights of the defence enshrined in Article 48 of the Charter of the Fundamental Rights of the European Union, it is desirable that, where he or she notifies ~~the European Public Prosec~~a competent national author~~’s Office~~ity of information falling within the latter’s remit, the Ombudsman reports that notification to the person concerned and to the complainant. __________________ 2 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

Amendment 9 #