Code of good administrative behaviour in the Community Plant Variety Office
Date: 2000-04-12
Institutions: European Commission
Subjects: Community body, code of conduct, crop production

C 371/14

EN

Official Journal of the European Communities

23.12.2000

COMMUNITY PLANT VARIETY OFFICE

CODE OF GOOD ADMINISTRATIVE BEHAVIOUR IN THE COMMUNITY PLANT VARIETY
OFFICE

(2000/C 371/08)

THE ADMINISTRATIVE COUNCIL OF THE COMMUNITY PLANT
VARIETY OFFICE,

In exercise of the powers conferred on it by Article 36(1)(d) of
Council Regulation (EC) No 2100/94 on Community plant
variety rights,

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

The Office shall take the necessary measures to ensure
2.
that the provisions set out is 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.

3.
(cid:145)The public(cid:146) refers to natural and legal persons, whether
or not they reside or have their registered office in the EU.

Article 3

Material scope of application

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

1.
This code contains the general principles of good admin-
istrative behaviour which apply to all relations of the Office’s
officials with the public, unless they are governed by specific
provisions.

Whereas such a code is useful both for officials, as it will
inform them in detail of the rules to be followed in dealing
with the public, and for the public as it will provide them with
information on the standard of conduct they are entitled to
expect in dealings with the Office;

Considering therefore that it is desirable to establish a code
governing the principles of good administrative behaviour
which officials should respect
relations with the
public and to make the code widely available to the public,

in their

HEREBY ESTABLISHES THE FOLLOWING RULES ON WORKING
METHODS OF THE OFFICE (cid:151)

Article 1

General provision

In their relations with the public, the staff of the Community
Plant Variety Office ((cid:145)the Office(cid:146)) shall respect the principles
which are laid down in these rules and which constitute the
code of good administrative behaviour, hereafter referred to as
(cid:145)the Code(cid:146).

Article 2

Personal scope of application

The principles set out

2.
in this code do not apply to
relations between the Office and its officials, which are
governed by the Staff Regulations.

Article 4

Lawfulness

An official shall act according to law and apply the rules and
procedures laid down in Community legislation. In particular,
he shall take care that decisions which affect the rights or
interests of
their
content complies with the law.

individuals have a basis in law and that

Article 5

Absence of discrimination

In dealing with requests from the public and in taking
1.
decisions, an 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 to a similar manner.

If any difference in treatment

2.
this must be
justified by the objective relevant features of the particular case.

is made,

1.
The code shall apply to all officials and other servants to
whom the Staff Regulations and the conditions of service of
other agents apply, in their relations with the public. Hereafter
the term (cid:145)official(cid:146) refers to both officials and other servants.

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

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Official Journal of the European Communities

C 371/15

Article 6

Proportionality

follow the Office’s normal administrative
Office. He shall
practices unless there are legitimate grounds for departing
from them in an individual case.

taken are proportional

1. When taking decisions, an official shall ensure that the
In
measures
particular, he shall avoid restricting the rights of members of
the public or
imposing charges on them when those
restrictions or charges are not reasonable in relation to the
purpose of the action pursued.

to the aim pursued.

Article 11

Fairness

An official shall act fairly and reasonably.

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

Article 12

Courtesy

Article 7

Absence and misuse of power

Powers shall be exercised solely for the purposes for which
they have been conferred by the relevant provisions.
In
particular, an official shall avoid using powers for purposes
which have no basis in law or which are not motivated by
any public interest.

Article 8

Impartiality and independence

1.
An official shall be impartial and independent. He shall
abstain from any arbitrary action adversely affecting members
of the public, as well as from any preferential treatment on any
grounds whatsoever.

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

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

Article 9

Objectivity

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

Article 10

Legitimate expectations and consistency

An official shall respect

1.
the legitimate and reasonable
expectations that members of the public have in the light of
how the Office has acted in the past.

2.
behaviour as well as with the administrative action of

An official shall be consistent in his own administrative
the

An official shall be service minded, correct, courteous and

1.
accessible in relations with the public.

If an official is not responsible for a given matter, he shall
2.
direct an interested member of the public to the appropriate
official.

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

Article 13

Reply to letters in the language of the correspondent

An official shall use his best endeavours to ensure that any
member of the public who writes to the Office in one of the
languages of the Community receives a reply in the
official
same language.

Article 14

Acknowledgement of receipt and indication of competent
official

1.
Each letter or complaint to the Office shall receive an
acknowledgement within two weeks of receipt, or a substantive
reply if such is possible within that period. In any event a
substantive reply shall be sent within two months of such
receipt.

2.
The acknowledgement or reply shall indicate the name
and telephone number of the official dealing with the matter
and the service to which he belongs.

No acknowledgement or reply need be sent

complaints

are

their excessive number or

frivolous or
their

in cases
vexatious
repetitive or

letters or

3.
where
because of
pointless character.

Article 15

Obligation to transfer to competent service

If a letter or complaint to the Office is addressed or transmitted
to a unit or official which is not competent to deal with it, the
file shall be transferred to the competent service of the Office,
which shall proceed in accordance with Article 14.

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Official Journal of the European Communities

23.12.2000

Article 16

Article 20

Right to be heard and to make statements

Notification of the decision

1.
In a case where the rights or interests of a member of the
public are involved, an official shall ensure that, at every stage
of the decision-making procedure, the rights of defence are
respected.

1.
An official shall ensure that a decision which affects the
rights or interests of a private person is notified to that person
in writing as soon as possible after the decision has been taken.

In a case where a decision affecting his rights or interests
2.
will be taken, every member of the public shall have the right
to submit written comments and, where necessary, to present
oral observations before the decision is taken.

Article 17

Reasonable time limit for taking decisions

An official shall ensure that a decision on every request
1.
or complaint to the Office is taken within a reasonable time
limit, without delay and in any event no later than two months
after the date of receipt.

2.
If a request or complaint to the Office cannot, because of
the complexity of the matters which it raises, be decided upon
within the abovementioned time limit, the author thereof shall
be so informed as soon as possible and a definitive decision
shall be issued as soon as practicable.

An official shall abstain from communicating the decision

2.
to others until the person concerned has been notified.

Article 21

Data protection

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

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

Article 22

Requests for information

Article 18

Duty to state the grounds of decisions

1. When he has responsibility for the matter concerned, an
official
the public with the
information they request.

shall provide members of

1.
Every decision of the Office which may adversely affect
the rights or interests of a private person shall state the
grounds on which it is based by stating clearly the relevant
facts and the legal basis of the decision.

2.
If an oral request is too complicated or comprehensive to
deal with, an official may require the person concerned to
formulate his request in writing.

2.
An official shall avoid taking a decision based on brief or
vague grounds, or which do not contain individual reasoning.

If, because of its confidentiality, an official cannot disclose
indicate the reasons in

3.
the information requested, he shall
accordance with Article 18 above.

it

If

is not possible, because of

3.
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, an official shall subsequently provide indi-
vidual reasoning to a person who so requests.

Article 19

Indication of the possibilities of appeal

A decision of the Office which may adversely affect the
1.
rights or interests of a private person shall contain an indi-
cation of any right of appeal against the decision. In particular,
it shall indicate the nature of the remedies, the bodies before
which it can be exercised and the time limit for exercising it.

A decision shall also refer to the possibility of judicial
2.
review and
the
Ombudsman under Articles 230 and 195 respectively of the
Treaty establishing the European Community.

of maladministration

complaints

to

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

to requests

for

Article 23

Requests for public access to documents

1.
Further to requests for access to documents of the Office,
an official shall give access to these documents in accordance
with the legislation governing the Office and the decision of
the Administrative Council of the Office on public access to
documents.

2.
If an official cannot comply with an oral request for
access to documents, the member of public may be required
to formulate it in writing.

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Official Journal of the European Communities

C 371/17

Article 24

Keeping of adequate records

the Treaty
Ombudsman in accordance with Article 195 of
establishing the European Community and the Statute of the
Ombudsman (1).

The Office shall keep adequate records of its incoming and
outgoing mail, of documents received and of measures taken.

Article 25

Public access to the code

The Office shall take the necessary measures to ensure
1.
that
the code enjoys the widest possible publicity among
members of the public. In particular, the Office shall ensure
the
called (cid:145)Good administrative
behaviour in the Community Plant Variety Office(cid:146) which will
contain the code.

availability of

leaflet

a

Article 27

Revision

These rules shall be reviewed after two years of operation. In
towards the end of 2001 the
preparation for the review,
President of
to the Administrative
Council on the implementation of the rules to that point.

the Office shall report

Article 28

Entry into force

The Office shall provide a copy of

2.
member of the public who requests it.

the code to any

These rules shall come into force on 13 April 2000 and shall
be published in the Official Journal of the European Communities.

Article 26

Date: 12 April 2000.

Right to complain to the European Ombudsman

Any failure of an official to comply with the principles set out
in the code may be the subject of a complaint to the European

Chairman of the Administrative
Council

Louis VAN EYLEN

(1) Decision of
General
Ombudsman’s duties (OJ L 113, 4.5.1994, p. 15).

the European Parliament on the Regulations and
the

performance

Conditions

governing

the

of