2000/529/EC: European Environment Agency Decision of 20 March 2000 establishing a code of good administrative behaviour for the Agency
Date: 2000-03-20
Institutions: European Environment Agency
Subjects: European Environment Agency, code of conduct

26.8.2000

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

EUROPEAN ENVIRONMENT AGENCY

EUROPEAN ENVIRONMENT AGENCY DECISION

of 20 March 2000

establishing a code of good administrative behaviour for the Agency

(2000/529/EC)

THE EUROPEAN ENVIRONMENT AGENCY,

ever closer union in which decisions are taken as openly as
possible and as closely as possible to the citizen;

Having regard to the provisions on openness in the Amsterdam
Treaty, and in particular Article 1 of the Treaty on European
Union and Article 21 of the EC Treaty,

Having regard to the initiative taken by Roy Perry, rapporteur
the Committee on Petitions on its own
for the report of
activities in 1996-1997 (1),
in calling for a code of good
administrative behaviour,

Having regard to the resolution of the European Parliament of
16 July 1998 on the Annual Report on the activities of the
European Ombudsman in 1997 (C4-0270/98) (2),

Having regard to the own initiative inquiry of the European
Ombudsman into the existence and the public accessibility, in
the different Community institutions and bodies, of a code of
good administrative behaviour for officials in their relations
with the public,

Whereas the European Commission equally aims at reforming
the procedures of
the Community administration to fully
implement this concept;

Whereas,
in order to bring the administration closer to the
citizens and to guarantee a better quality of administration, a
code should be adopted which contains the basic principles of
good administrative behaviour for officials when dealing with
the public;

Whereas such a code is useful for both the officials, as it will
inform them in a detailed manner of the rules they have to
follow when dealing with the public, and the citizens, as it will
provide them with information on the standard of conduct
they are entitled to expect in dealings with the Community
administrations;

Having regard to the resolution of the European Parliament of
15 April 1999 on the Annual Report on the activities of the
European Ombudsman in 1998 (C4-0138/99),

Whereas such a code can only be efficient if it is a publicly
accessible document for the citizens, and thus published in the
form of a decision like the abovementioned Decision on public
access to Commission documents;

Having regard to the existing Code of conduct concerning
public access to Commission documents, contained in Decision
94/90/ECSC, EC, Euratom (3),

Whereas the Amsterdam Treaty has explicitly introduced the
concept of openness into the Treaty on European Union, by
stating that it marks a new stage in the process of creating an

(1) A4-0190/97.
(2) OJ C 292, 21.9.1998, p. 168.
(3) OJ L 46, 18.2.1994, p. 58.

Whereas, in its resolutions C4-0270/98 and C4-0138/99, the
Parliament welcomed the initiative for a code of good adminis-
trative behaviour for the European institutions and bodies, and
stressed the urgent need to draw up such a code as soon as
possible;

Whereas the Parliament equally stressed the importance for
such a code to be as identical as possible for all European
institutions and bodies, to be accessible to all European citi-
zens, and to be published in the Official Journal;

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Considering for also as specific legal basis of this Code of
conduct the Council Regulation (EEC) No 1210/90 on the
establishment of the European Environment Agency and the
European information and observation network, Regulation
that has been amended by the Council Regulation (EC) No
933/1999 of 29 April 1999, in particular Article 17: ‘The staff
of the Agency shall be subject to the Regulations and Rules
applicable to officials and other servants of
the European
Communities’, the ‘Staff Regulations and the Conditions of
Employment of other servants of the European Communities’
and the Decision of the Management Board of the European
Environment Agency on public access to the EEA documents
of 21 March 1997 (4);

Considering it therefore desirable to establish a code governing
the principles of good administrative behaviour which the EEA
staff members should respect in their relations with the public,
and to make this code publicly available,

HAS DECIDED AS FOLLOWS:

Article 1

General provision

In their relations with the public, staff of the European Envir-
onment Agency shall respect the principles which are laid
down in this Decision and which constitute the Code of good
administrative behaviour, hereafter referred to as ‘the Code’.

Article 2

Personal scope of application

1.
The Code shall apply to all officials and other servants to
whom the Staff Regulations and the conditions of employment
of other servants apply,
in their relations with the public.
Hereafter the term official refers to both the officials and the
other servants.

2.
The European Environment Agency will take the neces-
sary measures to ensure that the provisions set out in this Code
also apply to other persons working for it, such as persons
employed under private law contracts, experts on secondment
from national civil services and trainees.

The public refers to natural and legal persons, whether
3.
they reside or have their registered office in a Member State or
not.

Article 3

Material scope of application

This Code contains

the general principles of good
1.
administrative behaviour which apply to all relations of the
European Environment Agency's officials with the public,
unless they are governed by specific provisions.

(4) OJ C 282, 18.9.1997, p. 5.

The principles set out in this Code do not apply to the
2.
relations between the European Environment Agency and its
officials. Those relations are governed by the Staff Regulations.

Article 4

Lawfulness

The official shall act according to law and apply the rules and
procedures laid down in Community legislation. The official
shall
in particular take care that decisions which affect the
rights or interests of individuals have a basis in law and that
their content complies with the law.

Article 5

Absence of discrimination

In dealing with requests from the public and in taking
1.
decisions, the official shall ensure that the principle of equality
of treatment is respected. Members of the public who are in the
same situation shall be treated in a similar manner.

If any difference in treatment is made, the official shall
2.
ensure that it is justified by the objective relevant features of
the particular case.

The official shall

in particular avoid any unjustified
3.
discrimination between members of
the public based on
nationality, sex, racial or ethnic origin, religion or belief,
disability, age, or sexual orientation.

Article 6

Proportionality

1. When taking decisions, the official shall ensure that the
measures taken are proportional to the aim pursued. The offi-
cial shall in particular avoid restricting the rights of the citizens
or imposing charges on them, when those restrictions or
charges are not in a reasonable relation with the purpose of the
action pursued.

2. When taking decisions,
the official shall strike a fair
balance between the interests of private persons and the
general public interest.

Article 7

Absence of abuse of power

Powers shall be exercised solely for the purposes for which
they have been conferred by the relevant provisions. The offi-
cial shall in particular avoid using those powers for purposes
which have no basis in the law or which are not motivated by
any public interest.

Article 8

Impartiality and independence

1.
The official shall be impartial and independent. The offi-
cial shall abstain from any arbitrary action adversely affecting
members of the public, as well as from any preferential treat-
ment on any grounds whatsoever.

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The official shall not be guided by any outside influences
2.
of whatever kind, including political influences, or by personal
interests.

3.
The official shall abstain from being involved in the
taking of a decision on a matter concerning his or her own
interests, or those of his or her family, relatives, friends and
acquaintances.

Article 9

Objectivity

When taking decisions, the official shall take into consideration
the relevant factors and give each of them its proper weight in
the decision, whilst excluding any irrelevant element
from
consideration.

Article 10

Legitimate expectations and consistency

The official shall be consistent in his own administrative
1.
behaviour as well as with the administrative action of the
European Environment Agency. The official shall follow the
Institution's normal administrative practices, unless there are
legitimate grounds for departing from those practices in an
individual case.

2.
The official shall respect the legitimate and reasonable
expectations that members of the public have in the light of
how the European Environment Agency has acted in the past.

Article 11

Fairness

The official shall act fairly and reasonably.

Article 12

Courtesy

1.
The official shall be service-minded, correct, courteous
and accessible in relations with the public. When answering
correspondence, telephone calls and e-mails, the official shall
try as much as possible to be helpful and to reply to the
questions which are asked.

If the official is not responsible for the matter concerned,
2.
he or she shall direct the citizen to the appropriate official.

3.
If an error occurs which negatively affects the rights or
interests of a member of the public, the official shall apologise
for it.

Article 14

Acknowledgement of

receipt and indication of

the

competent official

Every letter or complaint to the Institution shall receive
1.
an acknowledgement of receipt within a period of two weeks,
except if a substantive reply can be sent within that period.

The reply or acknowledgement of receipt shall indicate
2.
the name and the telephone number of the official who is
dealing with the matter, as well as the service to which he or
she belongs.

No acknowledgement of receipt and no reply need be
3.
sent in cases where letters or complaints are abusive because of
their excessive number or because of their repetitive or point-
less character.

Article 15

Obligation to transfer to the competent service of the
Institution

1.
If a letter or a complaint to the European Environment
Agency is addressed or transmitted to a programme or unit
which has no competence to deal with it,
its services shall
transferred without delay to the
ensure that
competent service of the European Environment Agency.

the file is

2.
The service which originally received the letter or
complaint shall notify the author of this transfer and shall
indicate the name and the telephone number of the official to
whom the file has been passed.

3.
If a letter or a complaint to the European Environment
Agency is addressed for which the European Environment
Agency is not competent to deal with its services shall ensure
that the letter is transferred to the competent European body
and inform the sender to whom the file has been passed.

Article 16

Right to be heard and to make statements

1.
In cases where the rights or interests of individuals are
involved, the official shall ensure that, at every stage in the
decision-making procedure, the rights of defence are respected.

Every member of the public shall have the right, in cases
2.
where a decision affecting his rights or interests has to be
taken,
to
present oral observations before the decision is taken.

to submit written comments and, when needed,

Article 13

Reply to letters in the language of the citizen

The official shall ensure that every citizen of the Union or any
member of the public who writes to the European Environ-
ment Agency in one of the Treaty languages receives an answer
in the same language.

Reasonable time limit for taking decisions

1.
The official shall ensure that a decision on every request
or complaint to the Institution is taken within a reasonable
time limit, without delay, and in any case no later than two
months from the date of receipt. The same rule shall apply for
answering letters from members of the public.

Article 17

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If a request or a complaint to the European Environment
2.
Agency cannot, because of the complexity of the matters which
it raises, be decided upon within the abovementioned time
limit, the official shall inform the author thereof as soon as
possible. In that case, a definitive decision should be notified to
the author in the shortest time.

Article 18

Duty to state the grounds of decisions

Every decision of

1.
the European Environment Agency
which may adversely affect the rights or interests of a private
person shall state the grounds on which it is based by indi-
cating clearly the relevant facts and the legal basis of the
decision.

2.
The official shall avoid making decisions which are based
on brief or vague grounds or which do not contain individual
reasoning.

3.
If it is not possible, because of the large number of
persons concerned by similar decisions, to communicate in
detail the grounds of the decision and where standard replies
are therefore made, the official shall guarantee that he or she
subsequently provides the citizen who expressly requests it
with an individual reasoning.

Article 19

Indication of the possibilities of appeal

A decision of the European Environment Agency which
1.
may adversely affect the rights or interests of a private person
shall contain an indication of the appeal possibilities available
for challenging the decision. It shall in particular indicate the
nature of the remedies, the bodies before which they can be
exercised, as well as the time-limits for exercising them.

Decisions shall

2.
in particular refer to the possibility of
judicial proceedings and complaints to the Ombudsman under
the conditions specified in, respectively, Articles 230 and 195
of the Treaty establishing the European Community.

Article 20

Notification of the decision

1.
The official shall ensure that decisions which affect the
rights or interests of individual persons are notified in writing,
as soon as the decision has been taken, to the person or
persons concerned.

The official

2.
decision to other
concerned have been informed.

shall abstain from communicating the
the person or persons

sources until

Article 21

Data protection

1.
The official who deals with personal data concerning a
citizen shall respect the principles laid down in the Directive
95/46/EC on the protection of individuals with regard to the
processing of personal data and the free movement of such
data.

The official shall in particular avoid processing personal
2.
data for non-legitimate purposes or the transmission of such
data to non-authorised persons.

Article 22

Requests for information

1.
The official shall, when he or she has responsibility for
the matter concerned, provide members of the public with the
information that they request. The official shall take care that
the information communicated is clear and understandable.

2.
If an oral request for information is too complicated or
too comprehensive to be dealt with, the official shall advise the
person concerned to formulate his demand in writing.

If, because of

3.
its confidentiality, an official may not
disclose the information requested, he or she shall, in accord-
ance with Article 18 of this Code,
indicate to the person
concerned the reasons why he or she cannot communicate the
information.

4.
Further to requests for information on matters for which
he or she has no responsibility, the official shall direct the
requester to the competent person and indicate his or her name
and telephone number. Further to requests for information
concerning another Community institution or body, the official
shall direct the requester to that institution or body.

5. Where appropriate, the official shall, depending on the
subject of the request, direct the person seeking information to
the service of the Institution responsible for providing informa-
tion to the public.

Article 23

Requests for public access to documents

1.
Further to requests for access to documents of the Euro-
pean Environment Agency, the official shall give access to these
documents in accordance with the Decision of the Manage-
ment Board of the European Environment Agency on public
access to EEA documents of 21 March 1997 (5).

If the official cannot comply with an oral request for
2.
access to documents, the citizen shall be advised to formulate it
in writing.

Article 24

Keeping of adequate records

The European Environment Agency's departments shall keep
adequate records of their incoming and outgoing mail, of the
documents they receive, and of the measures they take.

Article 25

Public access to the Code

1.
The European Environment Agency will take the neces-
sary measures in order to ensure that this Code enjoys the
widest possible publicity amongst the citizens. It will in partic-
ular ensure the spreading of a leaflet called ‘The Code of good
administrative behaviour of the European Environment Agency’
which will contain a presentation of this Code and which will
include its full text in an annex.

(5) See footnote 4.

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2.

The European Environment Agency will provide a copy of this Code to any citizen who requests it.

Article 26

Right to complain to the European Ombudsman

Any failure of an official to comply with the principles set out in this Code may be the subject of a
complaint to the European Ombudsman in accordance with Article 195 of the Treaty establishing the
European Community and the Statute of the European Ombudsman (6).

Article 27

Revision

This Decision shall be reviewed after two years of operation. In 2002, the Executive Director shall submit a
report on the implementation of this Decision in the period from 2000 to 2002, in preparation of that
review to the European Ombudsman.

Article 28

Entry into force

This Decision is adopted by the Management Board of the European Environment Agency, on 20 March
2000 and will take effect as of 20 June 2000 after publication in the Official Journal of the European
Communities.

Done at Copenhagen, 20 March 2000.

For the EEA Management Board

For the European Environment Agency

Kees ZOETEMAN

Chairman

Domingo JIMÉNEZ-BELTRÁN

The Executive Director

(6) Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the Regulations and General

Conditions governing the performance of the European Ombudsman's duties, (OJ L 113, 4.5.1994, p. 15).