2024/2056(INI) Activities of the European Ombudsman – annual report 2023
Next event: Indicative plenary sitting date 2024/12/16
Lead committee dossier:
Next event: Indicative plenary sitting date 2024/12/16
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | PETI |
AGIUS SALIBA Alex ( S&D)
|
AGIUS Peter ( PPE),
JORON Virginie ( PfE),
ZŁOTOWSKI Kosma ( ECR),
TOOM Jana ( RE),
BOSANAC Gordan ( Verts/ALE),
PAPPAS Nikos ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
RoP 238-p2, RoP 55
Legal Basis:
RoP 238-p2, RoP 55Subjects
Events
Documents
| Amendments | Dossier |
| 116 |
2024/2056(INI)
2024/10/10
PETI
116 amendments...
Amendment 1 #
Motion for a resolution Recital E a (new) E a. whereas Article 298(1) TFEU states 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 10 #
Motion for a resolution Recital N N. whereas the special report was discussed in the Parliament’s Committee on Civil Liberties, Justice and Home Affairs and led to a European Parliament resolution entitled ‘The time the European Commission takes to deal with requests for public access to documents’3 , in which Parliament expressed great concern about the extreme delays in the Commission’s process of granting public access to requested documents and asked the Commission to correct these systematic and significant delays
Amendment 100 #
Motion for a resolution Paragraph 20 a (new) 20 a. Welcomes the Ombudsman’s decision to open an own-initiative inquiry into the Commission’s practice of inviting only industry representatives to certain workshops on pesticides;
Amendment 101 #
Motion for a resolution Paragraph 21 21. Is worried that the Ombudsman identified several transparency concerns in the Commission’s interactions with the tobacco industry, as is still the case with the pharmaceutical industries; notes, however, that the Commission committed to further assessing the exposure of its departments to lobbying by the tobacco industry; reminds the Commission that the EU and all its Member States are signatories to the World Health Organization’s Framework Convention on Tobacco Control and that they are therefore obliged, in setting and implementing their public health policies with respect to tobacco control, to take action to protect these policies from commercial and other vested interests of the tobacco industry;
Amendment 102 #
Motion for a resolution Paragraph 21 a (new) 21 a. Invites the Ombudsman to take into consideration investigating the level of transparency of Commission’s interactions with the pharma industry;
Amendment 103 #
Motion for a resolution Paragraph 22 22. Recalls the imperative obligation of the EU institutions to secure the services of independent and well qualified officials recruited in an open manner and with due geographical balance between nationalities and languages. Points out that the Ombudsman conducted an inquiry into how European Personnel Selection Office (EPSO) carried out ‘pre-selection’ tests as part of a procedure to recruit new staff into the EU civil service, and identified issues concerning the organisation of tests which are exclusively carried out remotely; calls on EPSO to improve its recruitment procedures by ensuring that technical requirements do not disadvantage certain candidates and to provide clear information to candidates; is of the opinion that candidates should be given the option, if they so choose, to participate in these tests while physically present at a test centre, as was common practice prior to the COVID-
Amendment 104 #
Motion for a resolution Paragraph 22 a (new) 22a. Highlights the lack of adequate initiatives for further investigation into the scandal over the supply of vaccines without due transparency;
Amendment 105 #
Motion for a resolution Paragraph 23 a (new) 23 a. Calls for a Eurobarometer survey to be carried out regarding EU citizens' awareness of the right to submit complaints to the European Ombudsman, in order to gather data that will enable the launch of a robust and accessible awareness-raising campaign; considers that regular EU-wide surveys based on cross-border opinion polls help to raise awareness of citizens' concerns among EU institutions;
Amendment 106 #
Motion for a resolution Paragraph 24 a (new) 24 a. Stresses that the 'European Accessibility Act'1a was adopted on 17 April 2019 and that the deadline sets out in it for its transposition by Member States was on 28 June 2022; underlines that the main scope of the European Accessibility Act was to make life easier for at least 87 million of persons with disabilities, facilitating their access to, inter alia, public transport, banking services, computers, TVs, e-books, online shops; strongly regrets that all Member States are still failing to ensure its full and consistent transposition and are keeping accumulating delays, as confirmed by the ongoing infringement proceedings launched against all of them by the Commission; calls on the Ombudsman to raise this very serious EU law's violation, which severely undermìnes the rights of persons with disabilities, as part of the overall activities carried out in the EU framework for the UN CRPD, in order to help solving it as a matter of priority; _________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services
Amendment 107 #
Motion for a resolution Paragraph 24 a (new) 24a. Stresses that, although progress has been made within the EU institutions in the implementation of the provisions of the UN Convention on the Rights of Persons with Disabilities, the achievement of many accessibility targets is still delayed and insufficiently effective; recommends that the next Ombudsman intervene to examine and accelerate accessibility measures in the European institutions and to examine whether people with disabilities are proportionally represented in the institutions;
Amendment 108 #
Motion for a resolution Paragraph 25 a (new) 25a. Calls on the Ombudsman to open an inquiry into the case of the European Schools and to examine how children with disabilities could be integrated into that institution, so that their parents can participate in the work of the institutions under equal opportunities;
Amendment 109 #
Motion for a resolution Paragraph 26 26. Stresses the importance of the European Network of Ombudsmen (ENO) and the annual meetings hosted with national and regional ombudsmen through the ENO in further raising awareness of what the European Ombudsman can do for European citizens; encourages the Ombudsman to continue to take part in exchanges of experience and best practice with national ombudsmen through the ENO; takes note of the fact that the 2023 ENO annual conference focused on the protection of human rights and addressing the benefits and potential drawbacks of the use of AI in public administration; welcomes the joining of ENO by the Institution of the Human Rights Ombudsman of Bosnia and Herzegovina; calls on the Ombudsman to strengthen cooperation with the national Ombudsman's offices of the EU candidate countries in order to enhance those countries public authorities' capacity to align with the EU good administration, integrity and accountability standards;
Amendment 11 #
Motion for a resolution Recital N a (new) N a. whereas on 14 March 2024 Parliament adopted the resolution entitled ‘The time the European Commission takes to deal with requests for public access to documents` in which stresses that, if the Commission does not address the systematic and significant delays in its processing of requests for public access to documents by the time the new College of Commissioners is established, Parliament will consider using all available parliamentary instruments to address the matter;
Amendment 110 #
Motion for a resolution Paragraph 26 26. Stresses the importance of the European Network of Ombudsmen (ENO) and the annual meetings hosted with national and regional ombudsmen through the ENO in further raising awareness of what the European Ombudsman can do for European citizens; encourages the Ombudsman to continue to take part in exchanges of experience and best practice with national ombudsmen through the ENO; takes note of the fact that the 2023 ENO annual conference focused on the protection of human rights and addressing the benefits and potential drawbacks of the use of AI in public administration; Encourages civil society organizations to better utilize the services of the European Ombudsman for scrutiny over the EU institutions, transparency guarantees, and handle cases of non- compliance with Union law;
Amendment 111 #
Motion for a resolution Paragraph 27 27. Calls for the continuation of the close cooperation between the Ombudsman and the European Parliament’s Committee on Petitions, which have the shared mission of bringing the EU institutions closer to citizens; expresses its great appreciation for the attention and follow-up that the Ombudsman affords to all complaints, including th
Amendment 112 #
Motion for a resolution Paragraph 27 27. Calls for the continuation of the close cooperation between the Ombudsman and the European Parliament’s Committee on Petitions, which have the shared mission of bringing the EU institutions closer to citizens; expresses its great appreciation for the attention and follow-up that the Ombudsman affords to all complaints, including those falling outside the mandate of the European Ombudsman, such as citizens’ complaints about specific issues related to EU legislation, and supports the Ombudsman in advising those complainants to turn to Parliament’s Committee on Petitions; Encourages the Ombudsman office to continue their efforts to that end, given that cooperation with the Committee on Petitions, timely information and access to documents in all 24 official EU languages may increase the effective participation of citizens and civil society in the decision-making process;
Amendment 113 #
Motion for a resolution Paragraph 27 a (new) 27 a. Appreciates that the acceptance rate by the EU institutions, namely the percentage of positive replies to the total number of proposals made by the Ombudsman to correct or improve their administrative practices, stood at 81%, representing an improvement on the previous year; strongly believes, however, that the Union institutions, agencies, bodies and offices, must fully and consistently comply with all Ombudsman's solutions, recommendations and suggestions;
Amendment 114 #
Motion for a resolution Paragraph 29 29. Appreciates and welcomes the efforts of the Ombudsman and her office to constantly improve their internal procedures to ensure that complainants have an optimal experience and that complaints are dealt with as efficiently as possible; welcomes the improvements to the Ombudsman’s online complaint system, which have made it more user- friendly; welcomes the Ombudsman’s multilingual website, which reflects the Ombudsman’s commitment to offer assistance in the 24 official languages of the EU; Emphasises the significance of guaranteeing full access for disabled persons to the whole range of resources provided by the EU to its citizens, especially through systematic translation and interpretation services offered for all official languages, including sign language;
Amendment 115 #
Motion for a resolution Paragraph 29 29. Appreciates and welcomes the efforts of the Ombudsman and her office to constantly improve their internal procedures to ensure that complainants have an optimal experience and that complaints are dealt with as efficiently as possible; encourages the Ombudsman’s efforts to further improve the visibility of its activities and welcomes the improvements to the Ombudsman’s online complaint system, which have made it more user-
Amendment 116 #
Motion for a resolution Paragraph 29 a (new) 29 a. Calls on the Commission and Council to answer in a positive manner to any budget increase request regarding the financial allocation for the European Ombudsman institution, taking into consideration the increasingly complex EU decision-making environment and the Ombudsman's role in ensuring that the European administration remains accountable and transparent;
Amendment 12 #
Motion for a resolution Recital P P. whereas transparency is a vital part of a democratic society and an important tool in the fight against corruption; whereas EU citizens have the right to
Amendment 13 #
Motion for a resolution Recital P a (new) P a. whereas the Ombudsman's inquiry in case OI/3/2023/MHZ concerning Frontex's role in search and rescue operations has shown the existence of severe shortcomings, including the failure to ensure that Frontex's fundamental rights monitors are sufficiently involved in decision-making on maritime emergencies as well as the absence of Frontex's internal guidelines on issuing emergency signals; whereas this inquiry was launched by the Ombudsman following the Adriana tragedy in June 2023, which resulted in over 600 people drowning off the coast of Greece;
Amendment 14 #
Motion for a resolution Recital Q a (new) Q a. whereas the European Ombudsman may propose recommendations, suggest remedies and improvement recommendations aimed at resolving various aspects of maladministration;
Amendment 15 #
Motion for a resolution Paragraph 2 a (new) 2 a. Congratulates Emily O’Reilly on her determination to open wider strategic inquiries and initiatives revealing thus systemic malfunctions within EU institutions regarding access to documents, protection of fundamental rights, ethical issues, accountability in decision making and personnel issues;
Amendment 16 #
Motion for a resolution Paragraph 4 4. Welcomes the Ombudsman’s publication of a guide to accessing EU documents, which aims to raise citizens’ awareness of their right of access to documents and enable them to scrutinise EU decision-making; Believes that it is essential to continue providing citizens with suitable information on the role and scope of the Ombudsman's activities and its influence on the development of EU institutions;
Amendment 17 #
Motion for a resolution Paragraph 4 a (new) 4 a. Encourages all other EU institutions to promote the Ombudsman’s guide to accessing EU documents in a joint effort to raise citizens’ awareness of their right of access to documents and increase the participation of citizens in the EU’s decision-making processes;
Amendment 18 #
Motion for a resolution Paragraph 4 a (new) 4a. Regrets the complete absence of initiatives to support Cypriot citizens such as Titina Loizidou who have been expelled from the occupied territory of the Republic of Cyprus by the Turkish occupation army and whose claims have been repeatedly vindicated in court;
Amendment 19 #
Motion for a resolution Paragraph 5 5. Welcomes the recommendations following the Ombudsman’s own-initiative inquiry into the time the Commission takes to deal with requests for public access to documents, which call on the Commission to deal with its systemic delays as a matter of urgency and to respect the deadlines set out in Regulation (EC) No 1049/2001 on public access to European Parliament, Council and Commission documents; is worried by the inquiry’s finding that the Commission’s systemic and significant delays in dealing with document access requests amount to maladministration; deplores the fact that the most important contracts with the pharmaceutical industries concluded by the President of the Commission without any transparency and in violation of all European public procurement rules have still not been made public;
Amendment 2 #
Motion for a resolution Recital F F. whereas in 2023, the Ombudsman opened 398 inquiries, of which 393 were complaint-based and 5 own-initiative, while closing 372 inquiries (369 complaint-based and 3 own-initiative); thus continuing its intense and efficient activity, enabled by the new Regulation 2021/1163 OF THE EUROPEAN PARLIAMENT of 24 June 2021 laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom
Amendment 20 #
Motion for a resolution Paragraph 5 5. Welcomes the recommendations following the Ombudsman’s own-initiative inquiry into the time the Commission takes to deal with requests for public access to documents, which call on the Commission to fundamentally rethink its way of handling such requests, deal with its systemic delays as a matter of urgency and
Amendment 21 #
Motion for a resolution Paragraph 5 a (new) 5 a. Supports the Ombudsman's view that 'access delayed is access denied', as documents and information sought are often time sensitive and can lose relevance to the requesters if delays occur; believes that the Commission must proactively publish documents and statistics on how it handles requests on access to documents, including clear data on compliance with the deadlines set by EU law, as such information is key to improve transparency on this matter and strengthen the Commission's accountability towards citizens;
Amendment 22 #
Motion for a resolution Paragraph 5 a (new) 5 a. Underlines that the transparency of decision making, in particular in terms of lobbying, in the area of environment protection and climate change has been the focus of many Ombudsman inquiries;
Amendment 23 #
Motion for a resolution Paragraph 6 6. Urges the Council to engage in constructive negotiations with Parliament and the Commission on the revision of Regulation (EC) No 1049/2001, in order to
Amendment 24 #
Motion for a resolution Paragraph 6 6.
Amendment 25 #
Motion for a resolution Paragraph 6 6. Underlines that public access to documents is a fundamental right of EU citizens and a cornerstone of European democracy. Technological and societal developments since the adoption of Regulation (EC) 1049/2001 call for the consideration of a consolidation of citizen’s rights to access to documents; calls on the Commission to consider a proposal for revision and urges the Council to engage in constructive negotiations with Parliament and the Commission on the revision of Regulation (EC) No 1049/2001
Amendment 26 #
Motion for a resolution Paragraph 6 6. Urges the Council to
Amendment 27 #
Motion for a resolution Paragraph 6 6. Urges the Council to engage in constructive negotiations with Parliament and the Commission on the revision of Regulation (EC) No 1049/2001, in order to turn these three key EU institutions, including their presidency, into role models of transparency and public accountability for the whole of the EU;
Amendment 28 #
Motion for a resolution Paragraph 6 a (new) 6 a. Strongly believes that any revision of Regulation (EC) 1049/2001 must result in enhancing public access for EU citizens and residents to documents of the Union institutions, bodies, offices and agencies; is firmly convinced that the starting point for any future negotiation must be based on the position already adopted by the Parliament, insisting that an amended text, as an absolute minimum, must: extend the Regulation’s scope to all EU institutions, offices, bodies and agencies; enhance legislative transparency, including access to legislative legal opinions, whereby any use of exceptions should constitute an exemption from the general rule of transparency; include the Aarhus Convention; ensure transparency and appropriate access to documents in relation to international negotiations and agreements; consider that the definition of ‘document’ also explicitly refers to text, instant messages as well as e-mails, pertaining to professional activities;
Amendment 29 #
Motion for a resolution Paragraph 7 7. Endorses the conclusions of the Ombudsman’s special report4 to the European Parliament concerning the time the European Commission takes to deal with requests for public access to documents
Amendment 3 #
Motion for a resolution Recital I I. whereas in the inquiries closed by the Ombudsman in 2023, no maladministration was found in 99 (26.6 %
Amendment 30 #
Motion for a resolution Paragraph 7 7. Endorses the conclusions of the Ombudsman’s special report4 to the European Parliament concerning the time the European Commission takes to deal with requests for public access to documents and is
Amendment 31 #
Motion for a resolution Paragraph 7 7. Endorses the conclusions of the Ombudsman’s special report4 to the European Parliament concerning the time the European Commission takes to deal with requests for public access to documents and is worried about the Ombudsman’s assessment that these systemic and significant delays in the Commission’s processing of requests for public access to documents amount to maladministration; underlines how important it is that the Commission dedicate more resources to dealing with confirmatory requests under Regulation (EC) No 1049/2001 and calls on the Commission to correct this situation as a matter of priority and to improve its practice of handling confirmatory requests; notes that where a complaint does not fall within the Ombudsman's remit, the Ombudsman may advise the complainant to refer the matter to another authority or to the Petitions Committee; acknowledges the importance of the timely treatment of access to documents requests by all institutions; reminds the Commission of Parliament’s right to bring action against it before the Court of Justice of the European Union on the grounds of infringement of the Treaties and expects a clear and unequivocal commitment by the new College of Commissioners to remedy this situation;
Amendment 32 #
Motion for a resolution Paragraph 7 7. Endorses the conclusions of the Ombudsman’s special report
Amendment 33 #
Motion for a resolution Paragraph 7 7. Endorses the conclusions of the Ombudsman’s special report4 to the European Parliament concerning the time the European Commission takes to deal with requests for public access to documents and is worried about the Ombudsman’s assessment that these systemic and significant delays in the Commission’s processing of requests for public access to documents amount to maladministration; underlines how important it is that the Commission dedicate more resources to dealing with confirmatory requests under Regulation (EC) No 1049/2001 and calls on the Commission to correct this situation as a matter of priority and to improve its practice of handling confirmatory requests; acknowledges the importance of the timely treatment of access to documents requests by all institutions; reminds the Commission of Parliament’s right to bring action against it before the Court of Justice of the European Union on the grounds of infringement of the Treaties and expects a clear and unequivocal commitment by the new College of Commissioners and the Commission President to remedy this situation;
Amendment 34 #
Motion for a resolution Paragraph 7 a (new) 7a. Recalls the Commission’s refusal in 2002 and the Ombudsman’s complaint of maladministration in respect of its refusal to grant full access to text messages between Ursula von der Leyen, President of the Commission, and Albert Bourla, CEO of the pharmaceutical giant Pfizer, regarding contracts for the COVID-19 vaccine;
Amendment 35 #
Motion for a resolution Paragraph 7 a (new) 7 a. Endorses the assessment of Ombudsman’s special report which underlines that unless and until the Commission, at the highest levels, demonstrates in practice that transparency is the rule and a priority for the institution, its handling of requests will continue to be delayed.
Amendment 36 #
Motion for a resolution Paragraph 8 8.
Amendment 37 #
Motion for a resolution Paragraph 8 8. Takes note of the Ombudsman’s inquiry into the extent to which the European Parliament, the Council of the European Union and the European Commission apply EU law and the decisions of the Court of Justice of the European Union when it comes to public access requests for legislative documents, in which the Ombudsman stressed the need to facilitate EU citizens’ participation in the EU law-making process; acknowledges the importance of the timely treatment of access to documents requests by all institutions in fostering a sense of trust in European law making;
Amendment 38 #
Motion for a resolution Paragraph 8 a (new) 8 a. Recalls that publicity and transparency are the main principles underlying the EU legislative process, as confirmed by the case-law of the Court of Justice, which provided clear legal guidance on the way to ensure their full and consistent respect; reminds that the Court of Justice also stipulated that the lack of transparency and information weakens citizens' trust in the legitimacy of the EU legislative process as a whole;
Amendment 39 #
Motion for a resolution Paragraph 9 9. Is particularly worried that the Ombudsman found maladministration in the Commission’s refusal to provide access to documents concerning the greenhouse gas emissions of the ceramics industry reported under the EU Emissions Trading System;
Amendment 4 #
Motion for a resolution Recital K a (new) K a. whereas the Ombudsman's experience with handling complaints about access to documents is that long delays frequently occurred in cases that were of significant public interest, whose effects were to render the information obtained no longer useful for the requesters and to prevent citizens from having their say at relevant times in decision-making;
Amendment 40 #
Motion for a resolution Paragraph 9 9. Is particularly worried that the Ombudsman found maladministration in the Commission’s refusal to provide access to documents concerning the greenhouse gas emissions of the ceramics industry reported under the EU Emissions Trading System; calls on the Ombudsman to continue raise awareness on the findings of investigations regarding EU and third countries trade negotiations which may lead to an increase in the transparency of EU trade agreements; calls on the Commission to pay particular attention to the overriding public interest and to be more mindful of it when assessing the possibility of disclosing documents concerning emissions into the environment;
Amendment 41 #
Motion for a resolution Paragraph 9 9. Is particularly worried that the Ombudsman found maladministration in the Commission’s refusal to provide access, as with all the contracts concluded since 2020 with the pharmaceutical industries, to documents concerning the greenhouse gas emissions of the ceramics industry reported under the EU Emissions Trading System; calls on the Commission to pay particular attention to the overriding public interest and to be more mindful of it when assessing the possibility of disclosing documents concerning emissions into the environment;
Amendment 42 #
Motion for a resolution Paragraph 9 a (new) 9 a. It is highly concerned that the Commission's refusal to provide access to documents concerning the greenhouse gas emissions reported under the EU Emissions Trading System, extends to more industrial facilities, other than the ceramics industry and calls on the Commission to ensure full public access to environmental information";
Amendment 43 #
Motion for a resolution Paragraph 9 a (new) 9a. Deplores the lack of initiatives in support of citizens who lodge appeals relating to gross abuse of the environment by wind and solar energy companies where there is no significant benefit to local communities;
Amendment 44 #
Motion for a resolution Paragraph 9 b (new) 9b. Deplores the absence of interventions to support European competition law in the energy, food, transport and telecommunications markets, which are entirely controlled by monopolistic practices;
Amendment 45 #
Motion for a resolution Paragraph 9 c (new) 9c. Deplores the absence of interventions in support of Greek citizens who have repeatedly been expelled from Istanbul, Imbros and Tenedos, in contravention of the provisions of the Treaty of Lausanne;
Amendment 46 #
Motion for a resolution Paragraph 10 10.
Amendment 47 #
Motion for a resolution Paragraph 10 10. Endorses the intention of the Ombudsman to conduct a broader inquiry into how the scope of environmental information and information related to emissions into the environment is interpreted by the Commission;
Amendment 48 #
Motion for a resolution Paragraph 10 10. Endorses the intention of the Ombudsman to conduct a broader inquiry into how the scope of environmental information and information related to emissions into the environment is interpreted by the Commission; commends the Ombudsman for emphasising that the EU and the Commission in particular has an obligation to ensure a high level of public access to environmental information and public participation in decision-making relating to the environment;
Amendment 49 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Council to allow full public access to the legal opinion on the proposed EU directive on adequate minimum wages in the European Union, as recommended by the Ombudsman, who found evidence of maladministration in this matter;
Amendment 5 #
Motion for a resolution Recital L L. whereas EU citizens have broad rights to access documents held by the EU administration; whereas the Ombudsman opened an own-initiative inquiry asking the Commission to urgently deal with systematic delays in its handling of access to documents requests in order to ensure it adheres to the deadlines set out in the EU public access law (Regulation (EC) No 1049/20012 ); whereas this inquiry revealed that when the Commission is asked to review a decision on access to documents, it misses the deadlines set out in the law in 85 % of cases
Amendment 50 #
Motion for a resolution Paragraph 10 a (new) 10 a. Invites the Ombudsman to conduct a broader inquiry regarding access to documents related to the industrial facilities under the scope of the EU Emissions Trading System and regarding possible distortions of the European carbon market caused by the lack of access to documents.
Amendment 51 #
Motion for a resolution Paragraph 11 11.
Amendment 52 #
Motion for a resolution Paragraph 11 11. Congratulates the Ombudsman for her efforts to further contribute to the clarification of what constitutes an EU document and stresses that it is essential that the EU institutions follow the Ombudsman’s recommendations in order to adapt their administrative practices to take into account evolving means of communication; Recalls with great concern that, in 2021, following a request for public access to text messages between the Commission’s President and the CEO of a pharmaceutical company regarding the Commission’s purchase of COVID-19 vaccines, the Commission refused to acknowledge that such text messages fall within the definition of a ‘document’ under Regulation (EC) No 1049/2001; notes that, even though the Commission would have to register and search for such text messages, it could still decide not to grant full public access to them if the exceptions listed in Regulation (EC) No 1049/2001, such as commercial interest, applied; recalls that registering a document is a consequence of the existence of a document and not a prerequisite for its existence; takes note of the Ombudsman’s finding of maladministration by the Commission in this case(32); is concerned about the fact that the Commission has failed to follow up on the Ombudsman’s recommendation following her inquiry to conduct another search for relevant text messages; calls on the Commission to conduct a full search without delay; expresses deep concern about the growing distance between citizens and the EU institutions, which this situation has caused;
Amendment 53 #
Motion for a resolution Paragraph 11 11.
Amendment 54 #
Motion for a resolution Paragraph 11 11. Congratulates the Ombudsman for her efforts to further contribute to the clarification of what constitutes an EU document and
Amendment 55 #
Motion for a resolution Paragraph 11 11. Congratulates the Ombudsman for her efforts to further contribute to the clarification of what constitutes an EU document and stresses that
Amendment 56 #
Motion for a resolution Paragraph 12 Amendment 57 #
Motion for a resolution Paragraph 12 12. Appreciates the Ombudsman’s commitment to upholding fundamental rights in
Amendment 58 #
Motion for a resolution Paragraph 12 12. Appreciates the Ombudsman’s commitment to upholding fundamental rights in the EU institutions’ border management activities
Amendment 59 #
Motion for a resolution Paragraph 12 12. Appreciates the Ombudsman’s commitment to upholding fundamental rights in the EU institutions’ border management activities by launching inquiries into the actions of Frontex and the Commission in this area;
Amendment 6 #
Motion for a resolution Recital M M. whereas in 2023, the Ombudsman published a special report following her strategic inquiry into the time the European Commission takes to deal with requests for public access to documents; whereas the Ombudsman’s inquiry revealed that when individuals seek a review of an access decision, known as a confirmatory request, the Commission misses the deadlines set out in the law in 85% of cases; whereas the Ombudsman submitted this report to the European Parliament with a view to seeking its help in prevailing upon the Commission to act on her recommendations, being of the opinion that citizens are entitled to expect better practices from an open, modern and service-minded EU administration;
Amendment 60 #
Motion for a resolution Paragraph 12 12.
Amendment 61 #
Motion for a resolution Paragraph 12 12. Appreciates the Ombudsman’s commitment to upholding fundamental rights in the EU institutions’ border management activities by launching inquiries into the actions of Frontex and the Commission in this area; notes that the Ombudsman asked for further clarification from the Commission as to how it intends to guarantee respect for human rights in the context of the EU-Tunisia Memorandum of Understanding, in an effort to ensure that the EU complies with its human rights obligations; notes in this respect the legal limitations of Frontex mandate, which does not include the coordination of rescue operations and which is the responsibility of the national rescue coordination centres;
Amendment 62 #
Motion for a resolution Paragraph 12 12. Appreciates the Ombudsman’s commitment to upholding fundamental rights in the EU institutions’ border management activities by launching inquiries into the actions of Frontex and the Commission in this area; notes that the Ombudsman asked for further clarification from the Commission as to how it intends to guarantee respect for human rights in the context of the EU-Tunisia Memorandum of Understanding, in an effort to ensure that the EU complies with its human rights obligations; stresses that all EU institutions, bodies and agencies have an obligation to respect human rights and fundamental freedoms as outlined in the Treaties and the Charter of Fundamental Rights;
Amendment 63 #
Motion for a resolution Paragraph 12 12. Appreciates the Ombudsman’s commitment to upholding fundamental rights in the EU institutions’ border management activities by launching inquiries into the actions of Frontex and the Commission
Amendment 64 #
Motion for a resolution Paragraph 12 12. Appreciates the Ombudsman’s commitment to upholding fundamental rights in the EU institutions’ border management activities by launching inquiries into the actions of Frontex and the Commission in this area;
Amendment 65 #
Motion for a resolution Paragraph 12 a (new) 12 a. Strongly believes that Frontex must fully comply with fundamental rights in all its activities, including in its direct or indirect engagement in search and rescue (SAR) operations; underlines that Frontex must ensure full and consistent application of the UN Convention on the Law of the Sea as well as of the International Convention on Maritime Search and Rescue (SAR Convention) and the International Convention for the Safety of Life at Sea; recalls that in the specific context of its surveillance activities, Frontex’s responsibilities in responding to maritime emergencies are also defined under EU law and that under the overall applicable legal framework, Member States are obliged to render assistance to any vessel or person in distress at sea, ensuring that their authorities comply with that obligation, in accordance with international law and respect for fundamental rights, regardless of the nationality or status of the persons; reminds that this obligation also applies to Frontex where it provides technical and operational assistance in the context of joint operations;
Amendment 66 #
Motion for a resolution Paragraph 12 a (new) 12a. In this context, calls on the Ombudsman also to take into account the human rights and interests of local European citizens. Local residents of the Greek, Spanish, Italian, etc. islands with reception centres are suffering serious safety, health and economic damage due to mass migration. It is also part of the Ombudsman’s mission to protect the interests and human rights of European citizens;
Amendment 67 #
Motion for a resolution Paragraph 12 b (new) 12 b. Endorses the Ombudsman's suggestions aimed at ensuring that the European Border and Coast Guard Agency (Frontex) complies with its fundamental rights obligations with regard to search and rescue in the context of its maritime surveillance activities; calls on the Council of the European Union and the Commission to work with the Parliament to establish an independent commission of inquiry to assess the reasons for the large numbers of deaths in the Mediterranean sea and make the necessary changes to prevent any tragic loss of lives from reoccurring;
Amendment 68 #
Motion for a resolution Paragraph 13 13.
Amendment 69 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s decision to work with national and local authorities to draw up a fundamental rights impact assessment of EU-funded migration management facilities
Amendment 7 #
Motion for a resolution Recital M M. whereas in 2023, the Ombudsman published a special report following her strategic inquiry into the time the European Commission takes to deal with requests for public access to documents; whereas the Ombudsman submitted this report to the European Parliament with a view to seeking its
Amendment 70 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s decision to work with local and national authorities to draw up a fundamental rights impact assessment of EU-funded migration management facilities
Amendment 71 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s decision to work with local authorities to draw up a fundamental rights impact assessment of EU-funded migration management facilities in Greece, following an own-initiative inquiry by the Ombudsman into how the Commission ensures respect for fundamental rights and rule of law in these facilities; Underlines that respect for the rule of law is a prerequisite for access to EU funding; considers that this requirement to uphold the rule of law and the European Union's unwavering commitment to its values contribute to strengthening citizens' trust in the Union and attest to the EU's explicit pledge to ensure the quality of democracy throughout its territory;
Amendment 72 #
Motion for a resolution Paragraph 13 13. Welcomes the Commission’s decision to work with local authorities to draw up a fundamental rights impact assessment of EU-funded migration management facilities in Greece, following an own-initiative inquiry by the Ombudsman into how the Commission ensures respect for fundamental rights in these facilities; points out the Ombudsman call on the Commission to establish an independent commission of inquiry to assess the reasons for the large numbers of deaths in the Mediterranean and to learn from the Adriana shipwreck;
Amendment 73 #
Motion for a resolution Paragraph 13 13.
Amendment 74 #
Motion for a resolution Paragraph 13 13.
Amendment 75 #
Motion for a resolution Paragraph 13 a (new) 13a. Supports the Ombudsman’s proposals to the European External Action Service regarding the assessment of human rights risks prior to providing support to non-EU countries;
Amendment 76 #
Motion for a resolution Paragraph 13 a (new) 13 a. Calls on the Commission to extend the fundamental rights impact assessment of EU-funded migration management facilities to other Member States, like Spain, Italy, Cyprus and Malta
Amendment 77 #
Motion for a resolution Paragraph 13 b (new) 13 b. Regrets that the Commission failed to launch a public consultation on the tri- annual European Citizenship report 2023 pursuant to Article 25 of the TFEU; calls on the Commission to take actions to ensure that all EU citizens can effectively exercise their rights and to draw up a clear guidelines for future reports, with consultations on every tri-annual report on EU citizenship and subsequent legislative proposals;
Amendment 78 #
Motion for a resolution Paragraph 14 14. Strongly supports the Ombudsman’s conclusions that the EU’s ethical and anticorruption rules need to be respected and strengthened by the EU institutions and that Parliament’s implementation of reforms in this area must be properly monitored and enforced at all levels;
Amendment 79 #
Motion for a resolution Paragraph 14 14. Strongly supports the Ombudsman’s conclusions that the EU’s ethical and anticorruption rules need to be respected and strengthened by the EU institutions and that Parliament’s implementation of reforms in this area must be properly monitored and enforced at all levels;
Amendment 8 #
Motion for a resolution Recital M a (new) M a. whereas in 2023 the Ombudsman criticised the Commission’s initial failure to include specific emails in the scope of an access request concerning exchanges on draft EU soil, forest, and climate adaptation strategies; whereas during the Ombudsman’s inquiry, the Commission agreed to register the emails in question and examine whether they could be released; whereas this practice should not be applied arbitrarily and the Commission should consistently apply this approach to all cases, including in the negotiations related to the purchase of COVID-19 vaccines;
Amendment 80 #
Motion for a resolution Paragraph 14 14.
Amendment 81 #
Motion for a resolution Paragraph 14 14. Strongly supports the Ombudsman’s conclusions that the EU’s ethical and anticorruption rules need to be respected and strengthened by the EU institutions and that Parliament’s implementation of reforms in this area must be properly monitored and enforced at all levels, beginning with that of their presidency; urges the Ombudsman to pay close attention to direct and indirect lobbying practices in Parliament that might increase the risk of potential conflicts of interest; invites the Ombudsman, in this context, to suggest improvements to the current Code of Conduct for Members of the European Parliament regarding integrity and transparency;
Amendment 82 #
Motion for a resolution Paragraph 14 14. Strongly supports the Ombudsman’s conclusions that the EU’s ethical and anticorruption rules need to be respected and strengthened by the EU institutions and that Parliament’s implementation of reforms in this area must be properly monitored and enforced at all levels; urges the Ombudsman to pay close attention to direct and indirect lobbying practices in Parliament as well as in the European Commission, that might increase the risk of potential conflicts of interest; invites the Ombudsman, in this context, to suggest improvements to the current Code of Conduct for Members of the European Parliament regarding integrity and transparency;
Amendment 83 #
Motion for a resolution Paragraph 14 14. Strongly supports the Ombudsman’s conclusions that the EU’s ethical and anticorruption rules need to be respected and strengthened by the EU institutions and that Parliament’s implementation of reforms in this area must be properly monitored and enforced at all levels; urges the Ombudsman to pay close attention to direct and indirect lobbying practices in Parliament that might increase the risk of potential conflicts of interest;
Amendment 84 #
Motion for a resolution Paragraph 15 15. Emphasises the essential role of transparency, good administration and institutional checks and balances in the work of the EU institutions; welcomes the adoption of an agreement for establishing an Interinstitutional Ethics Body but regrets that the negotiations between the signing institutions could not deliver a more ambitious framework that would set- up a genuine, independent ethics body; urges all the signatory institutions to go beyond the framework when implementing their respective ethical requirements and standards;
Amendment 85 #
Motion for a resolution Paragraph 15 a (new) 15a. Welcomes the Ombudsman’s intention, after the Qatar scandal, to launch an inquiry into travel expenses paid for by third parties since 2021 and to determine whether the Commission took appropriate measures to mitigate potential conflicts of interest in these cases;
Amendment 86 #
Motion for a resolution Paragraph 15 a (new) 15 a. Calls on the Ombudsman to exercise stricter supervision over how the Union's funds and budget are expended and to ensure that the EU's interests are not undermined by violations of the rule of law, infringements of EU principles and values, corruption, or conflicts of interest;
Amendment 87 #
Motion for a resolution Paragraph 15 b (new) 15 b. Calls on the Ombudsman to inquire into the potential conflict of interest concerning the portfolios of designated commissioners at the start of each legislative term.
Amendment 88 #
Motion for a resolution Paragraph 16 16.
Amendment 89 #
Motion for a resolution Paragraph 16 16.
Amendment 9 #
Motion for a resolution Recital M a (new) M a. whereas the Ombudsman acknowledged significant progress in strengthening the ethics rules in the European Parliament following Qatargate but expressed concerns about their implementation and enforcement; whereas the Ombudsman opened a separate inquiry concerning travel costs paid for the Commission by third parties since 2021;
Amendment 90 #
Motion for a resolution Paragraph 16 16. Welcomes the Ombudsman’s investigations into risks of conflicts of interest in the Commission, especially in the area of the European Defence Fund (EDF); finds it problematic that the Commission is not required to make public the names of the experts it consults on EDF-related projects
Amendment 91 #
Motion for a resolution Paragraph 16 a (new) 16 a. Welcomes Ombudsman’s call on the Commission to publish the declarations of interest made by the members of the Regulatory Scrutiny Board, a body which has an essential role in the preparation of the Commission’s legislative proposals, proactively and, if needed, amend the relevant rules governing the Board;
Amendment 92 #
Motion for a resolution Paragraph 17 17.
Amendment 93 #
Motion for a resolution Paragraph 18 18. Welcomes the Commission’s changes to its internal guidance on public procurement, positively assessed by the Ombudsman’s inquiry, which strengthen its handling of potential professional conflicts of interest in calls for tender; regrets, however, that no serious clarification has yet been provided as regards the conditions for the award of more than EUR 70 billion worth of public contracts concluded with the pharmaceutical industries since 2020, which will have a long-term financial impact on the finances of the Union and its Member States;
Amendment 94 #
Motion for a resolution Paragraph 19 19. Encourages the Commission to step up its efforts to increase transparency with regard to the Recovery and Resilience Facility (RRF) and supports the Ombudsman’s call on the Commission to improve its handling of requests for public access to RRF-related documents and to continue publishing preliminary assessments of Member States’ payment requests; strongly recommends that the Ombudsman investigate the activities of the Commission in the area of border protection; instead of criticising the Member States and border protection agencies, the Commission should support Member States that are defending their borders and not threaten them or punish them with withdrawal of funding and with fines. The activities of the European Ombudsman should take into account the interests of European citizens;
Amendment 95 #
Motion for a resolution Paragraph 19 19. Encourages the Commission to step up its efforts to increase transparency with regard to the Recovery and Resilience Facility (RRF) and supports the Ombudsman’s call on the Commission to improve its handling of requests for public access to RRF-related documents and to continue publishing preliminary assessments of Member States’ payment requests; emphasises the need for all Member States to set up public portals informing citizens about all recipients of RRF funds;
Amendment 96 #
Motion for a resolution Paragraph 19 19. Encourages the Commission to step up its efforts to increase transparency with regard to the Recovery and Resilience Facility (RRF) and
Amendment 97 #
Motion for a resolution Paragraph 19 a (new) 19 a. Highlights that the EU planned unprecedented levels of investments, involving both the public and private sectors, under the Next Generation EU, thus becoming even more crucial to have in place at EU level a decision-making process based on full transparency and on the strongest ethical rules; calls on the Ombudsman to adopt a reinforced oversight on the implementation of the rules and procedures concerning the allocation and use of EU funds under Next Generation EU in order to ensure integrity, full transparency and democratic accountability of the EU Institutions as well as helping to prevent conflicts of interest, rule of law's breaches and corruption cases from occurring;
Amendment 98 #
Motion for a resolution Paragraph 19 a (new) 19 a. Calls on the Commission to take all necessary steps to ensure that all Member States have set up public portals containing data on major funding recipients and publish all RRF beneficiaries on these public portals;
Amendment 99 #
Motion for a resolution Paragraph 20 20. Welcomes the Ombudsman’s decision to open an own-initiative inquiry into the Commission’s delays related to risk management of dangerous chemicals, the aim of which is to examine delays in introducing restrictions to mitigate the risks of specific chemicals and in placing chemicals on the list of substances where use is subject to prior authorisation; underlines that concerns were also raised on the lack of transparency of the 'comitology procedures', which the Commission has to follow in the adoption of implementing regulations and decisions, as these procedures provide limited information being made publicly available, thus making very difficult for the public to hold the Commission and Member States to account for their actions;
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