2018/2105(INI) | [ParlTrack]

Motion for a resolution
Recital E

E. whereas in its strategic work in 2017, the Ombudsman’s office closed four strategic inquiries and opened four new ones on Council transparency; on the ‘revolving doors’ issue concerning former European Commissioners; on the accessibility of Commission websites for persons with disabilities and on pre- submission activities linked to medicine assessments by the European Medicines Agency (EMA); whereas in 2017 the Ombudsman opened eight strategic initiatives on, among other subjects, European Council lobbying transparency, improving the European Citizens’ Initiative (ECI), and revolving doors rules at various EU institutions and bodies, and closed six strategic initiatives;

Amendment 100 #

Virginie ROZIÈRE, Demetris PAPADAKIS, Michela GIUFFRIDA, Marlene MIZZI

Motion for a resolution
Paragraph 17

17. Strongly believes that stricter moral and ethical rules and standards need to be applied throughout the EU institutions with a view to securing respect for the duty of integrity and discretion, as well as full independence from the private sector; takes note of the updated code of conduct that entered into force in February 2018 and applauds the stricter cooling off periods introduced; considers that post-term of office notification periods should be nevertheless increased so as to allow an evaluation on a case by case basis;

Amendment 101 #

Motion for a resolution
Paragraph 17

Amendment 102 #

Motion for a resolution
Paragraph 17 a (new)

17a. Stresses the urgent need for an effective upgrade of the current Code of Good Administrative Behaviour through adoption of a binding regulation on the matter;

Amendment 103 #

Motion for a resolution
Paragraph 18

18. Believes that the meeting between former Commission President Barroso and a current Commission Vice- President, which was registered as an official meeting with Goldman Sachs, further demonstrated the urgent need to revise the current rules and practices in order to strengthen integrity requirements for Commissioners both during and after their mandates;deleted

Amendment 104 #

Michela GIUFFRIDA, Virginie ROZIÈRE

Motion for a resolution
Paragraph 18

Amendment 105 #

Motion for a resolution
Paragraph 19

19. Reiterates its call on the Commission to guarantee proactive publication and full transparency with regard to the post-term-of-office occupations of former Commissioners; calls on the Commission to ensure that the Ethics Committee is fully ~~independent~~accountable and encourages the Ombudsman to continue to assess and report on any possible conflict of interest of the Ethics Committee’s members;

Amendment 106 #

Kostadinka KUNEVA, Ángela VALLINA

Motion for a resolution
Paragraph 19 a (new)

19a. Congratulates the Ombudswoman on her strategic inquiry concerning the transparency in the Council legislative process (OI/2/2017/TE) and regrets the fact that the Council did not reply within the deadline in the findings. It is regrettably a recurring topic that is constantly showcased also from complaints submitted to the Ombudswoman. This matter should be considered of high importance in the democratic life of the Union and the effective participation of citizens across the continent hindering the fulfilment of the constitutional treaties and the Charter of Fundamental Rights. Most recently a decision in case 1272/2017/LP (the refusal to give public access to the opinion of its Legal Service concerning an inter- institutional agreement on Transparency Register) indicated that the issue is threatening principle institutional balance and the negates the essential practice of the mutual sincere cooperation. It is impossible to perform an ex post check on an ad hoc basis after the refusal of a request.

Amendment 107 #

Motion for a resolution
Paragraph 20

20. Highlights the need to adopt major improvements on conflict of interest rules for special advisers; calls on the Commission to fully implement the Ombudsman’s recommendations, by adopting ~~full~~a more transparencyt and a proactive approach to its assessment of any potential conflict of interests before and after their appointment, and ensuring that citizens have complete access to all the relevant information on special advisers;

Amendment 108 #

Motion for a resolution
Paragraph 20

20. Highlights the need to adopt major improvements on conflict of interest rules for special advisers; calls directly on the Commission to fully implement the Ombudsman’s recommendations, by adopting full transparency and a proactive approach to its assessment of any potential conflict of interests before and after their appointment, and ensuring that citizens have complete access to all the relevant information on special advisers;

Amendment 109 #

Motion for a resolution
Paragraph 20

20. Highlights the need to adopt major improvements on conflict of interest rules for special advisers; calls on the Commission to fully implement the Ombudsman’s recommendations, by adopting full transparency and a proactive approach to its assessment of any potential conflict of interests before and after their appointment, and ensuring that citizens have complete access to ~~all~~ the relevant information on special advisers;

Amendment 11 #

Kostadinka KUNEVA, Ángela VALLINA

Motion for a resolution
Recital F

F. whereas the EU is still facing the worst economic, social and political crisis since its foundation; whereas the ineffective approach adopted by the EU Institutions in tackling the lack of transparency in both the EU decision- making process and in lobbying activities, in addition to other significant ethical issues within the Institutions, are contributing to further undermining the image of the EU;deleted

Amendment 110 #

Motion for a resolution
Paragraph 20 a (new)

20a. Applauds the constant interest of the Ombudswoman with issues pertinent to the Staff of the institutions and highlights the importance of diminishing any discrimination that might arise from differentiated status. Reiterates the significance of the findings on unpaid traineeships in EU delegations of the European External Actions Service (EEAS) (case 454/2014/PMC) and the recommendation that it should pay its trainees an appropriate allowance respecting the principle of non- discrimination. Deplores the fact that other EU institutions follow the same malpractice of unpaid traineeships that does not allow fair opportunities to young people that offer work equal to that of an employee. Young professionals are thus excluded in the lack of sufficient funds to sustain themselves without an adequate remuneration for their services. Shortcomings in the status of trainees are witnessed in other areas, i.e. lacking mechanisms for reporting sexual harassment in agencies of the Union. Calls therefore the Ombudswoman to open a general strategic inquiry on the status of trainees.

Amendment 111 #

Motion for a resolution
Paragraph 21

21. Reiterates its call on the Commission to make its work fully transparent by publishing data online on all its meetings with tobacco lobbyists or their legal representatives and all minutes thereof, in line with its obligations under the WHO FCTC;deleted

Amendment 112 #

Motion for a resolution
Paragraph 21

21. ~~Reiterates its call on~~Urges the Commission to make its work fully transparent by publishing data online on all its meetings with tobacco lobbyists or their legal representatives and all minutes thereof, in line with its obligations under the WHO FCTC;

Amendment 113 #

Motion for a resolution
Paragraph 22

22. Urges the Ombudsman to monitor the implementation of the recommendations for EU public officials on their interactions with interest representatives, and to continue to raise awareness of these recommendations among EU staff members throughout all the EU institutions, through educational training, seminars and related support measures;

Amendment 114 #

Motion for a resolution
Paragraph 23

23. Deeply regrets the delays accumulated by the Commission in connection with infringement procedures on the abuse of fixed-term contracts, which has served to perpetuate the abuse and violation of workers’ rights in the Member States; calls on the Ombudsman to step up her efforts on this issue in order to safeguard citizens’ rights effectively;deleted

Amendment 115 #

Motion for a resolution
Paragraph 23

23. Deeply regrets the delays accumulated by the Commission in connection with infringement procedures on the abuse of fixed-term contracts, which has ~~served to perpetuate~~allowed for the abuse and violation of workers’ rights in the Member States; calls on the Ombudsman to ~~step up her efforts on~~monitor this issue in order to safeguard citizens’ rights effectively;

Amendment 116 #

Motion for a resolution
Paragraph 23

23. Deeply regrets the delays accumulated by the Commission in connection with infringement procedures on the abuse of fixed-term contracts both in private and public sectors, which has served to perpetuate the abuse and violation of workers’ rights in the Member States; calls on the Ombudsman to step up her efforts on this issue in order to safeguard citizens’ rights effectively;

Amendment 117 #

Motion for a resolution
Paragraph 24

24. SUnequivocally supports the Ombudsman’s role in shaping a proactive and ~~transparent~~inclusive policy in all EU agencies~~; urges the Ombudsman to continue monitoring all EU agencies in order to ensure that they meet the highest standards of transparency and provide full public access to documents and information, w~~ that promotes transparency and accountabilithy a ~~particular focus on procedures and activities relating to the protection of human health~~s core values;

Amendment 118 #

Motion for a resolution
Paragraph 24

24. Supports the Ombudsman’s role in shaping a proactive and transparent policy in all EU agencies; urges the Ombudsman to continue monitoring all EU agencies in order to ensure that they meet the highest standards of transparency and provide ~~full~~ public access to documents and information, with a particular focus on procedures and activities relating to the protection of human health;

Amendment 119 #

Motion for a resolution
Paragraph 25

Amendment 12 #

Kostadinka KUNEVA, Ángela VALLINA

Motion for a resolution
Recital F

Amendment 120 #

Motion for a resolution
Paragraph 25

Amendment 121 #

Motion for a resolution
Paragraph 25

25. ~~Calls on~~Urges the Ombudsman to launch a strategic inquiry in order to assess whether EU Institutions, offices and agencies, such as the European Chemicals Agency (ECHA), the European Food Safety Authority (EFSA) and the EMA, ensure that the collection and examination of scientific evidence is fully independent, transparent, accurate and free from conflict of interests, and whether the proper policies and procedural safeguards are in place, notably when dealing with GMOs, glyphosate, pesticides, phytosanitary and biocidal products and medicines;

Amendment 122 #

Motion for a resolution
Paragraph 25

25. Calls on the Ombudsman to launch a strategic inquiry in order to assess whether EU Institutions, offices and agencies, such as the European Chemicals Agency (ECHA), the European Food Safety Authority (EFSA) and the EMA, ensure that the collection and examination of scientific evidence is fully independent, transparent, accurate and free from conflict of interests, and whether the proper policies and procedural safeguards are in place, notably when dealing with GMOs, glyphosate, pesticides, phytosanitary and biocidal products and medicines; suggests in this regard to further inquiry on the composition and selection procedures of the Scientific Committees and Panels by these agencies, in order to ensure their total independency and put into place the most stringent mechanisms preventing any possible conflict of interests;

Amendment 123 #

Jude KIRTON-DARLING

Motion for a resolution
Paragraph 26 a (new)

26a. Welcomes the EU Ombudsman’s commitment to openness and transparency throughout the Brexit negotiations; underlies the positive response received by the EU Ombudsman from both the Council and Commission recognising the importance of transparency; calls on the UK government to match this commitment;

Amendment 124 #

Motion for a resolution
Paragraph 27

27. Encourages the Ombudsman to continue her collaboration with national ombudsmen through the European Network of Ombudsmen; to document cases of police brutality, anti-Semitism, racism or extremism which have come to light;

Amendment 125 #

Motion for a resolution
Paragraph 27 a (new)

27a. Encourages the Ombudsman, in her work, to monitor more closely the actions of the European institutions and of the authorities in the Member States as regards compliance with the Charter of Fundamental Rights of the European Union and the associated respect for human dignity which is inalienable; she should pay particular attention to discrimination resulting from anti- Semitism and similar attitudes;

Amendment 126 #

Motion for a resolution
Paragraph 27 a (new)

27a. Calls for greater financial and human resources to be allocated to the office of the Ombudsman to deal with the current and future workload so that it be able to guarantee a service which is of vital importance to the citizens of the Union;

Amendment 127 #

Motion for a resolution
Paragraph 27 a (new)

27a. Welcomes the Ombudsman’s annual conference with the European Network of Ombudsmen which took place in June 2017 dedicated to the fallout for citizens’ rights from Brexit and from increased ‘populism’ in Europe.

Amendment 128 #

Motion for a resolution
Paragraph 27 b (new)

27b. Welcomes the Ombudsman’s Award for Good administration that recognises efforts among the EU civil service in finding innovative ways of implementing citizen-friendly policies.

Amendment 129 #

Motion for a resolution
Paragraph 27 a (new)

27a. Considers that in order to fulfil its crucial duty of enhancing good administration practices within the EU, including all the specific previous requests, more resources need to be allocated to the Ombudsman's office;

Amendment 13 #

Motion for a resolution
Recital F

F. whereas the EU is still facing the worst economic, social and political crisis since its foundation; whereas ~~the ineffectiv~~it important to improve the approach ~~adopted by~~of the EU Iinstitutions in tackling the lack of transparency in both the EU decision- making process and in lobbying activities, in addition to other significant ethical issues within the Institutions, are contributing to further undermining the image of the EU;

Amendment 130 #

Motion for a resolution
Paragraph 27 b (new)

27b. Reiterates its willingness to update the EU Ombudsman's Statute1a, and accordingly any related piece of acquis, in order to adapt the role of the Ombudsman to the current needs and expectations regarding good administration by EU citizens; insists in its consideration that the Ombudsman should be entitled to ultimately issue binding decision upon the access to documents requested by citizens to EU institutions; aims for a quick inter-institutional agreement upon the upcoming legislative proposal by the Parliament; _________________ 1a Draft Decision of the European Parliament adopted on 22 April 2008 amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (2006/2223(INI))

Amendment 131 #

27a. Points to the need for an inquiry by the European Ombudsman into compliance by the Troika with the EU Charter of Fundamental Rights;

Amendment 132 #

Motion for a resolution
Paragraph 27 b (new)

27b. Stresses the need to improve social dialogue;

Amendment 133 #

Motion for a resolution
Paragraph 27 c (new)

27c. Stresses that trust between citizens and the institutions is of paramount importance in the current economic difficulties;

Amendment 134 #

27d. Stresses the need for the European Ombudsman to investigate the conflict of interest between the Commission's role in the Troika and its responsibility as guardian of the Treaties and the acquis communautaire;

Amendment 135 #

Motion for a resolution
Paragraph 27 e (new)

27e. Points out the need for an investigation by the European Ombudsman into the conflict of interest between the current role of the ECB as a 'technical advisor' in the Troika, its position as a creditor of the four EU Member States that adopted the Memorandum and its mandate under the Treaty on European Union and Treaty on the Functioning of the European Union;

Amendment 136 #

Motion for a resolution
Paragraph 27 f (new)

27f. Calls on the Ombudsman to ensure that the Commission will help to create an ECI infrastructure providing legal advice and a legal framework that protects ECI members;

Amendment 137 #

Motion for a resolution
Paragraph 28 a (new)

28a. Encourages the Ombudsman to monitor the protection of democratic and judicial rights of Union citizens particularly where they may be at risk owing to unrest or police brutality;

Amendment 14 #

Motion for a resolution
Recital G

~~G. whereas the refusal of access to EU documents and related transparency issues continued to account for the greatest proportion of European Ombudsman inquiries in 2017;~~deleted

Amendment 15 #

Motion for a resolution
Recital G a (new)

Ga. whereas given the often time- sensitive nature of requests for access to document the Ombudsman initiated a trial phase for a fast-track procedure;

Amendment 16 #

Motion for a resolution
Recital H

H. whereas the Ombudsman has a crucial role to play in ~~ensur~~making the ~~full transparency and impartiality of both the EU’s decision-making processes and administration in order to successfully protect citizens’ rights~~EU legislative process more accountable to citizens so they can exercise their right to participate in the democratic life of the Union thereby increasing their engagement and trust;

Amendment 17 #

Motion for a resolution
Recital H

H. whereas the Ombudsman ~~has a crucial role to play in ensuring the full transparency and impartiality of both the EU’s decision-making processes and administration in order to successfully protect citizens’ rights;~~'s role is fundamental with regards to ensuring the EU and its institutions accountability towards its citizens

Amendment 18 #

Virginie ROZIÈRE, Marlene MIZZI

Motion for a resolution
Recital I

I. whereas the Court of Justice has stipulated that the principles of publicity and transparency are inherent to the EU legislative process, and that ~~the effectiveness and integrity of the legislative process cannot undermine the principles of publicity and transparency which underlie that process;~~and any possible derogations and exceptions from these principles should always be weighed against the principles of transparency and representative democracy and duly motivated.

Amendment 19 #

Motion for a resolution
Recital I

I. whereas the Court of Justice has stipulated that the principles of publicity and transparency are inherent to the EU legislative process, and that the effectiveness and integrity of the legislative process cannot undermine the principles of publicity and transparency which underlie that process; whereas the Court of Justice of the EU has given clear guidance on this matter such as in its ruling of22.03.2015 in the case T-540/15;

Amendment 2 #

Motion for a resolution
Citation 4 a (new)

– having regard to Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of National Parliaments in the European Union,

Amendment 20 #

Motion for a resolution
Recital J

J. whereas the Ombudsman conducted a year-long complaint-based inquiry into the ECB President’s membership of the Group of 30 (G30), a private organisation whose members include representatives of banks supervised either directly or indirectly by the ECB; whereas the Ombudsman recommended that the ECB President ~~suspend his~~s are not to be members~~hip~~ of the G30 and future presidents refrain from becoming members;

Amendment 21 #

Lukas MANDL

Motion for a resolution
Recital K

K. whereas the Ombudsman inquired into complaints on the Commission’s handling of the post-mandate employment of its former Commissioners; whereas the Ombudsman had already found that the Commission’s failure to take a specific decision in the case of former Commission President Barroso constituted maladministration; whereas on the Barroso case, the Ethics Committee concluded that there were not sufficient grounds to establish a violation of the legal obligations, having taken into account the former President’s written statement that he had not been engaged to lobby on behalf of Goldman Sachs and that he did not intend to do so ;deleted

Amendment 22 #

Virginie ROZIÈRE, Michela GIUFFRIDA, Marlene MIZZI

Motion for a resolution
Recital Κ a (new)

Ka. whereas the financial crisis has brought about an economic and social crisis, throwing legitimate doubt on the European institutions;

Amendment 23 #

Lukas MANDL

Motion for a resolution
Recital L

L. whereas on 25 October 2017 a meeting took place between former Commission President Barroso and a current Commission Vice-President, and was registered as an official meeting with Goldman Sachs; whereas the Ombudsman noted that the exact nature of this meeting was not clear; whereas the Ombudsman highlighted that there are understandable concerns that the former President is using his previous status and his contacts with former colleagues to influence and obtain information; whereas this case raises systematic issues as to the Commission’s overall approach to handling such cases and the degree of independence of the Ethics Committee;deleted

Amendment 24 #

Motion for a resolution
Recital L

Amendment 25 #

Michela GIUFFRIDA, Virginie ROZIÈRE

Motion for a resolution
Recital M

M. whereas in March 2017 the Ombudsman opened a strategic inquiry into the openness and accountability of the Council; whereas the Ombudsman found maladministration in the Council’s failure to record the identities of Member States that take a position in a legislative procedure and in the lack of transparency by the Council on public access to its legislative documents; such as the practice of disproportionately marking documents as “limite”, meaning not for circulation;

Amendment 26 #

Motion for a resolution
Recital M

M. whereas in March 2017 the Ombudsman opened a strategic inquiry into the openness and accountability of the Council; whereas the Ombudsman found maladministration in the Council’s failure to record the identities of Member States that take a position in a legislative procedure and in the lack of transparency by the Council on public access to its legislative documents; whereas on 17 May 2018 the Ombudsman has sent a Special Report to the European Parliament on her inquiry to improve the accountability and transparency of the Council’s legislative work;

Amendment 27 #

Motion for a resolution
Recital M a (new)

M a. whereas more openness on positions taken by national governments may reduce the ‘blame Brussels’ phenomenon which misrepresents the reality of how EU legislation is agreed, promoting Euro- scepticism and anti-EU sentiment”

Amendment 28 #

Motion for a resolution
Recital O

O. whereas adequately preventing conflicts of interest within the EU institutions, agencies and bodies is an essential element to guarantee good administration and increase the citizens' trust in the Union decision-making; whereas the Ombudsman launched a strategic inquiry into how the Commission carries out conflict of interest assessments for its special advisers, who often simultaneously work for the private sector;

Amendment 29 #

Motion for a resolution
Recital P

P. whereas the Ombudsman inquired into citizens’ complaints denouncing the Commission’s failure to reach a timely decision on infringement cases concerning the abuse of fixed-term work contracts; whereas several Member States have, over the years, experienced a significant increase in atypical and temporary employment contracts, which has undermined the integrity of European employment law and the jurisprudence of the Court of Justice;deleted

Amendment 3 #

Motion for a resolution
Citation 4 b (new)

– having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,

Amendment 30 #

Motion for a resolution
Recital P

P. whereas the Ombudsman inquired into citizens’ complaints denouncing the Commission’s failure to reach a timely decision on infringement cases concerning the abuse of fixed-term work contracts; whereas several Member States have, over the years, experienced a significant increase in atypical and temporary employment contracts, which has ~~undermi~~questioned the i~~ntegrity~~mplementation of European employment law and the jurisprudence of the Court of Justice;

Amendment 31 #

Virginie ROZIÈRE, Demetris PAPADAKIS, Marlene MIZZI

Motion for a resolution
Recital Q

Q. whereas for the purposes of decisions relating to the protection of human health or the safety of humans, animals or plants, the EU institutions, agencies and offices should be particularly citizen-friendly in their outlook and should properly address the public’s concerns regarding full transparency, independence and accuracy in the collection and evaluation of scientific evidence; whereas the scientific evidence and procedures used at EU level which led to the authorisations of, inter alia, genetically modified organisms, pesticides and glyphosate drew significant criticism and triggered a wide public debate;deleted

Amendment 32 #

Motion for a resolution
Recital Q

Q. whereas for the purposes of decisions relating to the protection of human health orand the safety of humans, animals orand plants, the EU institutions, agencies and offices should be particularly ~~citizen-friendly~~focused on citizens in their outlook and should properly address the public’s concerns regarding full transparency, independence and accuracy in the collection and evaluation of scientific evidence; whereas the scientific evidence and procedures used at EU level which led to the authorisations of, inter alia, genetically modified organisms, pesticides and glyphosate drew significant criticism and triggered a wide public debate;

Amendment 33 #

Motion for a resolution
Recital Q

Q. whereas for the purposes of decisions relating to the protection of human health or the safety of humans, animals or plants, the EU institutions, agencies and offices should be particularly citizen-friendly and service-minded in their outlook and should properly address the public’s concerns regarding full transparency, independence and accuracy in the collection and evaluation of scientific evidence; whereas the scientific evidence and procedures used at EU level which led to the authorisations of, inter alia, genetically modified organisms, pesticides and glyphosate drew significant criticism and triggered a wide public debate;

Amendment 34 #

Motion for a resolution
Recital R

R. whereas the Commission is still disregarding the Ombudsman’s recommendations concerning its dealings with the tobacco industry, thus failing to ensure full transparency in line with its obligations under the WHO Framework Convention on Tobacco Control (WHO FCTC);deleted

Amendment 35 #

Motion for a resolution
Recital R

R. whereas the Commission ~~is still disregarding~~has yet to implement the Ombudsman’s recommendations concerning its dealings with the tobacco industry, thus failing to ensure full transparency in line with its obligations under the WHO Framework Convention on Tobacco Control (WHO FCTC);

Amendment 36 #

Motion for a resolution
Recital T a (new)

Ta. whereas the Ombudsman conducted an inquiry into how Mr Selmayr, the then Head of Cabinet of the President of the European Commission, was appointed Secretary-General of the Commission; whereas the Ombudsman highlighted that the Commission created an artificial sense of urgency to fill the post of Secretary-General in order to justify not publishing a vacancy notice and organised a Deputy Secretary- General selection procedure, not to fill that role, but rather to make Mr Selmayr Secretary-General in a rapid two-step appointment; whereas in the appointment of Mr. Selmayr the Ombudsman has found four instances of maladministration due to the fact that the Commission did not follow the relevant rules correctly either in letter or in spirit;

Amendment 37 #

Motion for a resolution
Recital T a (new)

Ta. whereas the work of the EU Ombudsman complements perfectly the work of the different national and regional Ombudsmen; whereas the exchange and coordination of their respective works within the European Network of Ombudsmen under the EU Ombudsman leadership is a very positive element to ensure the right to good administration at all levels by all Union citizens and residents;

Amendment 38 #

Margrete AUKEN

Motion for a resolution
Recital T b (new)

Tb. whereas the current EU Ombudsman's Staute1a was last updated before the entry into force of the Lisbon Treaty; whereas new expectations in the field of good administration and the role of the Ombudsman in securing it have emerged among EU citizens since then, particularly in the field of access to documents, whistleblowing and harassment, or in ensuring a fair and impartial handling of European Citizens' Initiatives by the Commission upon their admissibility; _________________ 1a Draft Decision of the European Parliament adopted on 22 April 2008 amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (2006/2223(INI))

Amendment 39 #

Virginie ROZIÈRE, Marlene MIZZI

Motion for a resolution
Paragraph 1

1. Approves the annual report for 2017 presented by the European Ombudsman; remarks its clear and easy- to-read presentation, highlighting the most important facts and figures concerning the Ombudsman's work in 2017;

Amendment 4 #

Motion for a resolution
Citation 7 a (new)

– having regard to Article 35 and 37 of the Charter of Fundamental Rights of the European Union,

Amendment 40 #

Virginie ROZIÈRE, Demetris PAPADAKIS, Marlene MIZZI

Motion for a resolution
Paragraph 2

2. Congratulates Emily O’Reilly for her excellent work and constructive efforts to improve the quality of the EU’s administration and the accessibility and quality of the services it offers to citizens; reaffirms its strong support for the actions carried out by the Ombudsman for citizens and European democracy;

Amendment 41 #

Motion for a resolution
Paragraph 2 a (new)

2a. Welcomes the Ombudsman’s five- year strategy ‘Towards 2019’ which aims to increase the impact and visibility of her office and build strong relationships with the EU institutions, agencies and organisations, for the greater benefit of citizens

Amendment 42 #

Motion for a resolution
Paragraph 3

3. Notes with great concern that inquiries relating to transparency and accountability, including on access to information and documents, continued to account for the greatest proportion of cases handled by the Ombudsman in 2017, followed by complaints relating to EU agencies and other bodies;

Amendment 43 #

Motion for a resolution
Paragraph 3 a (new)

3a. Welcomes the efforts of the Ombudsman to present the staff of the EU institutions with the Award for Good Administration 2017; in particular that of the European Commission’s DG Health for their efforts on behalf of patients with rare diseases;

Amendment 44 #

Motion for a resolution
Paragraph 3 a (new)

3a. Welcomes the Ombudsman’s introduction of the fast-track complaint procedure to deal with inquiries on access to documents

Amendment 45 #

Motion for a resolution
Paragraph 4

4. Emphasises the importance of ~~full~~greater transparency and ~~full~~greater public access to the documents held by the EU institutions; highlights the Ombudsman’s structural work in bringing suspec~~ific secretive p~~ted maladministracti~~ces~~on to light by adopting a case-by- case approach and launching an increasing number of own-initiative enquiries;

Amendment 46 #

Motion for a resolution
Paragraph 4

4. Emphasises the importance of ~~full~~greater transparency and ~~full public~~improved access to ~~the~~ documents held by the EU institutions; highlights the Ombudsman’s structural work in bringing specific secretive practices to light by adopting a case-by- case approach and launching an increasing number of own-initiative enquiries;

Amendment 47 #

Virginie ROZIÈRE, Demetris PAPADAKIS, Marlene MIZZI

Motion for a resolution
Paragraph 4

4. Emphasises the importance of ~~full~~ transparency and ~~full~~ public access to the documents held by the EU institutions; highlights the Ombudsman’s structural work in bringing specific ~~secretive~~ practices to light by adopting a case-by- case approach and launching an increasing number of own- initiative enquiries;

Amendment 48 #

Motion for a resolution
Paragraph 4

4. Emphasises the importance of ~~full~~ transparency and ~~full~~ public access to the documents held by the EU institutions; highlights the Ombudsman’s structural work in bringing specific secretive practices to light by adopting a case-by- case approach and launching an increasing number of own-initiative enquiries;

Amendment 49 #

Motion for a resolution
Paragraph 4 a (new)

4a. Is grateful for the good cooperation – characterised by esteem and attention to detail – of the Ombudsman and her team with the Committee on Petitions;

Amendment 5 #

Motion for a resolution
Recital B a (new)

Ba. whereas article 10 (3) TEU establishes that 'every citizen shall have the right to participate in the democratic life of the Union' and that 'decisions shall be taken as openly and as closely as possible to the citizen';

Amendment 50 #

Motion for a resolution
Paragraph 5

5. ~~Underlines the fact that EU legislation on access to documents is seriously outdated; r~~Reiterates its call for a revision of Regulation (EC) No 1049/2001 in order to also facilitate the Ombudsman’s work in scrutinising the granting of access to documents by Parliament, the Council and the Commission; ~~emphasises that Regulation 1049/2001 no longer reflects the current legal situation and institutional practices implemented by EU institutions, offices, bodies and agencies;~~

Amendment 51 #

Motion for a resolution
Paragraph 5

5. ~~Underlines the fact th~~Expresses intense dissatisfaction at EU legislation on access to documents, since it is seriously outdated; reiterates its call for a revision of Regulation (EC) No 1049/2001 in order to also facilitate the Ombudsman’s work in scrutinising the granting of access to documents by Parliament, the Council and the Commission; emphasises that Regulation 1049/2001 no longer reflects the current legal situation and institutional practices implemented by EU institutions, offices, bodies and agencies;

Amendment 52 #

Motion for a resolution
Paragraph 5

5. Underlines the fact that EU legislation on access to documents ~~is seriously out~~should be updated; reiterates its call for a revision of Regulation (EC) No 1049/2001 in order to also facilitate the Ombudsman’s work in scrutinising the granting of access to documents by Parliament, the Council and the Commission; emphasises that Regulation 1049/2001 no longer reflects the current legal situation and institutional practices implemented by EU institutions, offices, bodies and agencies;

Amendment 53 #

Virginie ROZIÈRE, Demetris PAPADAKIS, Michela GIUFFRIDA

Motion for a resolution
Paragraph 5

5. Underlines the fact that EU legislation on access to documents is seriously outdated; reiterates its call for a revision of Regulation (EC) No 1049/2001 in order to also facilitate the Ombudsman’s work in scrutinising the granting of access to documents by Parliament, the Council and the Commission, and to give her the faculty to issue binding decision on their release when necessary; emphasises that Regulation 1049/2001 no longer reflects the current legal situation and institutional practices implemented by EU institutions, offices, bodies and agencies;

Amendment 54 #

Michela GIUFFRIDA

Motion for a resolution
Paragraph 6

6. Emphasises that citizens must be able to ~~directly~~ participate in the democratic life of the EU and follow in detail the decision- making process within the EU institutions, and have access to all the relevant information in order to fully exercise their democratic rights;

Amendment 55 #

Motion for a resolution
Paragraph 6

6. Emphasises that citizens must be able to ~~directly~~ participate more directly in and follow in detail the decision-making process within the EU institutions, and have access to all the relevant information in order to fully exercise their democratic rights;

Amendment 56 #

Motion for a resolution
Paragraph 6

6. Emphasises that citizens must be able to directly participate in and follow in detail the decision-making process within the EU institutions, and have access to ~~all~~ the relevant information in order to fully exercise their democratic rights;

Amendment 57 #

Motion for a resolution
Paragraph 7

7. Stresses that the lack of information and debate about the EU legislative process increases citizens’ distrust, with regard not only to the lawfulness of an isolated act, but also to the legitimacy of the decision-making process as a whole;deleted

Amendment 58 #

Motion for a resolution
Paragraph 7

7. Stresses th~~at the lack of information and debate about~~e role of the Ombudsman in working for greater transparency and accountability in the EU legislative process in order to increases citizens’ ~~dis~~trust, with regard not only to the lawfulness of an isolated act, but also to the legitimacy of the decision-making process as a whole;

Amendment 59 #

Motion for a resolution
Paragraph 7 a (new)

7a. Asks for a review in the Council's system for classification of documents with a view to ensuring that only documents to which one or more of the exceptions under the access to documents Regulation (1049/2001) are marked as sensitive or “LIMITE”;

Amendment 6 #

Motion for a resolution
Recital B b (new)

Bb. whereas Article 15 TFEU states that ‘in order to promote good governance and ensure the participation of civil society, the Union's institutions, bodies, offices and agencies shall conduct their work as openly as possible’ and that ‘any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union's institutions, bodies, offices and agencies’;

Amendment 60 #

Motion for a resolution
Paragraph 8

8. Recognises the need for ~~full~~greater transparency in the EU decision-making process and commends the Ombudsman’s inquiry into informal negotiations between the three main EU institutions (‘trilogues’); supports the publication of all relevant trilogue documents;

Amendment 61 #

Motion for a resolution
Paragraph 8

Amendment 62 #

Virginie ROZIÈRE, Michela GIUFFRIDA, Marlene MIZZI

Motion for a resolution
Paragraph 8

8. Recognises the need for full transparency in the EU decision-making process and commends the Ombudsman’s inquiry into informal negotiations between the three main EU institutions (‘trilogues’); supports the publication of ~~all~~the trilogue documents upon conclusion of the trilogue;

Amendment 63 #

Motion for a resolution
Paragraph 8

8. Recognises the need for ~~full~~increased transparency in the EU decision-making process and commends the Ombudsman’s inquiry into informal negotiations between the three main EU institutions (‘trilogues’); supports the publication of all trilogue documents in accordance with the rulings of the Court;

Amendment 64 #

Motion for a resolution
Paragraph 8

8. Recognises the need for full transparency in the EU decision-making process and commends the Ombudsman’s inquiry into the usual practice of informal negotiations between the three main EU institutions (‘trilogues’); supports the publication of all trilogue documents;

Amendment 65 #

Motion for a resolution
Paragraph 9

9. Strongly believes that the Ombudsman’s recommendations on the EIB’s Transparency Policy must be implemented without further delay; calls on the EIB to immediately start to remove the presumption of non-disclosure relating to the information and documents collected during audits, inspections and investigations, including those launched both during and after fraud and corruption cases;deleted

Amendment 66 #

Motion for a resolution
Paragraph 9

Amendment 67 #

Motion for a resolution
Paragraph 9

9. Strongly believes that the Ombudsman’s ~~recommenda~~suggestions on the EIB’s Transparency Policy ~~must be implemented~~should be acted on without further delay; calls on the EIB to immediately start to remove the presumption of non-disclosure relating to the information and documents collected during audits, inspections and investigations~~, including~~ after thoese ~~launched both during and after fraud and corruption ca~~have been closesd;

Amendment 68 #

Motion for a resolution
Paragraph 9 a (new)

9a. Calls for the EIB Group’s disclosure policy to ensure an increasingly high level of transparency as regards the principles governing its pricing policy and governance bodies; welcomes, in this regard, the disclosure of the minutes of the meetings of the EIB Group’s Board of Directors of January 2017, the public register of documents, and the publication of project data via the International Aid Transparency Initiative(7); calls for the publication of the minutes of management committee meetings; "

Amendment 69 #

Motion for a resolution
Paragraph 10

10. Stresses that the positions of the Member States in the EU legislative process must be recorded and made a matter of public knowledge in a timely and accessible manner, as in any system rooted in the principle of democratic legitimacy, co-legislators must be held accountable to the public for their actions; strongly criticises the fact that the Council’s legislative documents are not, to any significant extent, directly and proactively accessible to the public while the legislative process is ongoing; calls on the Council to revise its confidentiality policy in order to ensure the highest level of transparency in its work;

Amendment 7 #

Motion for a resolution
Recital B c (new)

Bc. whereas Article 41 of the Charter of Fundamental Rights, focused 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 70 #

Motion for a resolution
Paragraph 10

10. Stresses that the positions of the Member States in the EU legislative process must be recorded and made a matter of public knowledge in a timely and accessible manner, as in any system rooted in the principle of democratic legitimacy, co-legislators must be held accountable to the public for their actions; ~~strongly criticises the fact that the Council’s legislative documents are not, to any significant extent, directly and proactively accessible to the public while the legislative process is ongoing~~believes that increased accountability in the Council on positions taken by national governments on EU legislation could reduce the ‘blame Brussels’ culture for decisions ultimately taken by national governments themselves; calls on the Council to revise its confidentiality policy in order to ensure the highest level of transparency in its work;

Amendment 71 #

Margrete AUKEN

Motion for a resolution
Paragraph 10

10. Stresses that the positions of the Member States inwithin the Council during the EU legislative process must be recorded and made a matter of public knowledge in a timely and accessible manner, as in any system rooted in the principle of democratic legitimacy, co- legislators must be held accountable to the public for their actions; considers that making the results of the deliberations of the Council working groups also publicly available would help in understanding the origin of certain decisions, as well as increase the accountability of national governments towards their own citizens, while reducing also the negative views from the public opinion often portrayed towards the EU as a result of this lack of transparency in the decision-making; such strongly criticises the fact that the Council’s legislative documents are not, to any significant extent, directly and proactively accessible to the public while the legislative process is ongoing; calls on the Council to revise its confidentiality policy in order to ensure the highest level of transparency in its work;

Amendment 72 #

Motion for a resolution
Paragraph 10

10. Stresses that the positions of the Member States in the EU legislative process must be recorded and made a matter of public knowledge in a timely and accessible manner, as in any system rooted in the principle of democratic legitimacy, co-legislators must be held accountable to the public for their actions; strongly criticises the fact that the Council’s legislative documents are not, to any significant extent, directly and proactively accessible to the public while the legislative process is ongoing; ~~calls on the Council to~~demands that the Council, in accordance with Article 15(3) of the Treaty on European Union, revise its confidentiality policy in order to ensure the highest level of transparency in its work;

Amendment 73 #

Motion for a resolution
Paragraph 11

11. Calls on the Commission to ~~ensure full~~commit to greater transparency and granting of access to documents and information with regard to the EU Pilot procedures in relation to petitions received, and to the EU Pilot and infringement procedures that have already ended;

Amendment 74 #

Virginie ROZIÈRE, Demetris PAPADAKIS, Marlene MIZZI

Motion for a resolution
Paragraph 11

11. Calls on the Commission to ensure ~~full~~greater transparency and access to documents and information with regard to the EU Pilot procedures in relation to petitions received, and to the EU Pilot and infringement procedures that have already ended;

Amendment 75 #

Motion for a resolution
Paragraph 11

11. Calls on the Commission to ensure ~~full~~ transparency and access to documents and information with regard to the EU Pilot procedures in relation to petitions received, and full transparency and full access to the EU Pilot and infringement procedures that have already ended;

Amendment 76 #

Motion for a resolution
Paragraph 11

11. Calls on the Commission to ensure full transparency and access to documents and information with regard to the EU Pilot procedures, at least in relation to petitions received, and to the EU Pilot and infringement procedures that have already ended;

Amendment 77 #

Motion for a resolution
Paragraph 12

12. Urges the Ombudsman to continue to monitor the implementation of the Commission’s reform of the expert groups’ system in order to ensure full compliance with legally binding rules and ~~full~~greater transparency in the performance of all expert groups’ activities, and to investigate and report any possible conflict of interests; believes that a ~~careful assessment of all expert groups is needed in order to arrive at an overall understanding of their independence and added value within EU policymaking~~ll members of expert groups must be on the Transparency Register;

Amendment 78 #

Ana MIRANDA

Motion for a resolution
Paragraph 12

12. Urges the Ombudsman to continue to monitor the implementation of the Commission’s reform of the expert groups’ system in order to ensure full compliance with legally binding rules and full transparency in the performance of all expert groups’ activities, and to investigate and report any possible conflict of interests; believes that a careful assessment of all expert groups is needed in order to arrive at an overall understanding of their degree of independence from private interests and added value within EU policymaking;

Amendment 79 #

Motion for a resolution
Paragraph 12

12. Urges the Ombudsman to continue to monitor the implementation of the Commission’s reform of the expert groups’ system in order to ensure full compliance with legally binding rules and full transparency in the performance of all expert groups’ activities, and to investigate and report any possible conflict of interests; believes that a careful assessment and knowledge of all expert groups is needed in order to arrive at an overall understanding of their independence and added value within EU policymaking;

Amendment 8 #

Motion for a resolution
Recital B d (new)

Bd. whereas Article 43 of the Charter 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 80 #

Motion for a resolution
Paragraph 12 a (new)

12a. Reiterates its call for a central transparency hub for all EU institutions and agencies.

Amendment 81 #

Motion for a resolution
Paragraph 13

13. Supports the Ombudsman’s commitment to improving the transparency of EU lobbying; stresses the importance of making the EU transparency register mandatory and legally-binding in order to ensure full transparency of lobbying for all EU institutions, agencies and third parties;deleted

Amendment 82 #

Motion for a resolution
Paragraph 13

13. Supports the Ombudsman’s commitment to improving the transparency of EU lobbying; stresses the importance of making the EU transparency register fully mandatory ~~and legally-binding in order to ensure full transparency of lobby~~for interest representatives and third parties and legally-binding ~~for~~on all EU institutions, and agencies ~~and third parties~~, in order to ensure greater transparency;

Amendment 83 #

Motion for a resolution
Paragraph 14

14. Stresses the importance of greatly improving the accuracy of data in the EU transparency register, including the obligation for law firms that lobby to declare all their clients; underlines the need to make available all information on the influence of lobbyists free of charge, fully comprehensible and easily accessible to the public; believes that full transparency of the funding of all interest representatives must be ensured; calls for any organisation that breaks the revolving doors rules to be suspended;deleted

Amendment 84 #

Motion for a resolution
Paragraph 14

Amendment 85 #

Motion for a resolution
Paragraph 14

14. Stresses the importance of greatly improving the accuracy of data in the EU transparency register, including ~~the oblig~~information ~~for~~on law firms that lobby ~~to declare all their clients~~; underlines the need to make available all information on the influence of lobbyists free of charge, fully comprehensible and easily accessible to the public; believes that full transparency of the funding of all interest representatives must be ensured; calls for any organisation that breaks the revolving doors rules to be suspended from the Transparency register;

Amendment 86 #

Motion for a resolution
Paragraph 14

14. Stresses the importance of regularly updating and greatly improving the accuracy of data in the EU transparency register, including the obligation for law firms that lobby to declare all their clients; underlines the need to make available all information on the influence of lobbyists free of charge, fully comprehensible and easily accessible to the public; believes that full transparency of the funding of all interest representatives must be ensured; calls for any organisation that breaks the revolving doors rules to be suspended;

Amendment 87 #

Motion for a resolution
Paragraph 15

15. Strongly regrets the decision of the ECB President not to suspend his membership of the G30 in spite of the Ombudsman’s recommendation to do so; stresses that the ECB President’s continued membership of the G30 increases citizens’ mistrust as to the integrity of the ECB and its independence from private financial interests; urges the ECB to amend the relevant rules in order to fully comply with the Ombudsman’s recommendations and to ensure that the highest ethical and accountability standards are concretely implemented;deleted

Amendment 88 #

Motion for a resolution
Paragraph 15

15. Str~~ongly regrets the decision of the ECB President not to suspend his membership of the G30 in spite of the Ombudsman’s recommendation to do so; str~~esses that the ECB President’s continued membership of the G30 increases citizens’ mistrust as to the integrity of the ECB and its independence from private financial interests; ~~urges the ECB to amend the relevant rules in order to fully comply with the Ombudsman’s recommendations and to ensure that the highest ethical and accountability standards are concretely implemented~~Stresses that the members of the Executive Board of the ECB should in principle abstain from being simultaneous members of forums or other organisations which include executives from banks supervised by the ECB, unless such membership is in line with established practice at global level and the ECB participates alongside other central banks such as the United States Federal Reserve or the Bank of Japan. Takes notes of the recommendations of the European ombudsman of 16January 2018, regarding the involvement of the President of the European Central Bank and the members of its decision-making bodies in the ‘Group of Thirty’;

Amendment 89 #

Motion for a resolution
Paragraph 15

15. ~~Strongly regret~~Condemns the decision of the ECB President not to suspend his membership of the G30 in spite of the Ombudsman’s recommendation to do so; stresses that the ECB President’s continued membership of the G30 increases citizens’ mistrust as to the integrity of the ECB and its independence from private financial interests; urges the ECB to amend the relevant rules in order to fully comply with the Ombudsman’s recommendations and to ensure that the highest ethical and accountability standards are concretely implemented;

Amendment 9 #

Motion for a resolution
Recital B e (new)

Be. 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 90 #

Motion for a resolution
Paragraph 15 a (new)

15a. Takes note of the recommendations of the European Ombudsman of 15 January 2018 regarding the involvement of the President of the European Central Bank and the members of its decision-making bodies in the ‘Group of Thirty’; ; stresses that the members of the Executive Board of the ECB should in principle abstain from being simultaneous members of forums or other organisations which include executives from banks supervised by the ECB, unless such membership is in line with established practice at global level and the ECB participates alongside other central banks such as the United States Federal Reserve or the Bank of Japan; considers that in these cases the ECB should take appropriate measures to avoid possible interference with its supervisory role and should not participate in discussions regarding individual banks under its supervision;

Amendment 91 #

Motion for a resolution
Paragraph 15 a (new)

15a. Believes that the Commission in the procedure adopted to appoint Mr Selmayr as its new Secretary-General failed to respect the principles of transparency, ethics and rule of law; strongly regrets the Commission’s decision to confirm Mr. Selmayr as its new Secretary-General disregarding the extensive and widespread criticism by EU citizens and the reputational damage caused to the EU as a whole; underlines that Mr Selmayr must resign as Secretary- General of the Commission and calls on the Commission to adopt a new procedure for appointing its Secretary-General ensuring the implementation of the highest standards in terms of transparency, ethics and rule of law;

Amendment 92 #

Motion for a resolution
Paragraph 16

16. Calls on the Ombudsman to continue her work on strengthening ethics rules within the EU institutions in order to solve revolving door issues and to ensure the swift publication of the names of all those EU officials involved, and to guarantee full transparency on all related information; lLooks forward to the Ombudsman’s analysis into how the Commission is implementing her guidelines and suggestions on how to improve the handling of revolving doors situations;

Amendment 93 #

Motion for a resolution
Paragraph 16

16. Calls on the Ombudsman to continue her work on strengthening ethics rules within the EU institutions in order to solve revolving door issues and to ensure the swift publication of the ~~names of all those EU officials involv~~cases assessed , and to guarantee full transparency on ~~all related inform~~the implementation of this obligation; looks forward to the Ombudsman’s analysis into how the Commission is implementing her guidelines and suggestions on how to improve the handling of revolving doors situations;

Amendment 94 #

Virginie ROZIÈRE, Michela GIUFFRIDA, Marlene MIZZI

Motion for a resolution
Paragraph 16

16. Calls on the Ombudsman to continue her work on strengthening ethics rules within the EU institutions in order to solve revolving door issues and to ensure the swift publication of the names of all those EU senior officials involved, and to guarantee full transparency on all related information; looks forward to the Ombudsman’s analysis into how the Commission is implementing her guidelines and suggestions on how to improve the handling of revolving doors situations;

Amendment 95 #

Motion for a resolution
Paragraph 16

16. Calls on the Ombudsman to continue her work on strengthening ethics rules within the EU institutions in order to solve revolving door issues and to ensure the swift publication of the names of all those EU officials involved, and to guarantee full transparency on all related information; looks forward to the Ombudsman’s analysis into how the Commission is implementing her guidelines and suggestions on how to improve the handling of revolving doors situations including the possibility to adopt legislative rules for preventing and sanctioning such situations and possible abuses;

Amendment 96 #

Motion for a resolution
Paragraph 17

17. Strongly believes that ~~stricter~~clear and easily applicable moral and ethical rules and standards need to be applied throughout the EU institutions with a view to securing respect for the duty of integrity ~~and discretion, as well as full independence from the private sector~~;

Amendment 97 #

Michela GIUFFRIDA

Motion for a resolution
Paragraph 17

Amendment 98 #

Motion for a resolution
Paragraph 17

17. Strongly believes that stricter moral and ethical rules and standards need to be applied throughout the EU institutions here and now with a view to securing respect for the duty of integrity and discretion, as well as full independence from the private sector;

Amendment 99 #