European Parliament resolution on the deliberations of the Committee on Petitions during the parliamentary year (2001/2010(INI))
Date: 2001-09-06
Institutions: European Parliament
Subjects: EP Committee, European citizenship, petition

21.3.2002

EN

Official Journal of the European Communities

C 72 E/337

Thursday 6 September 2001

(cid:129) having regard to its decision of 9 March 1994 on the regulations and general conditions governing
the performance of the Ombudsman(cid:146)s duties (1), as incorporated into Annex X to the Rules of Pro-
cedure of Parliament,

(cid:129) having regard to the report of the Committee on Constitutional Affairs and the opinion of the Com-

mittee on Petitions (A5-0240/2001),

Decides to amend as follows Article 3(2) of its decision of 9 March 1994 on the regulations and

1.
general conditions governing the performance of the Ombudsman(cid:146)s duties:

Instructs its President, in pursuance of Article 195(4) of the EC Treaty, to forward this resolution to

2.
the Council and Commission.

REGULATIONS
AND GENERAL CONDITIONS

PROPOSED
AMENDMENT

2.
The Community institutions and bodies shall be obliged
to supply the Ombudsman with any information he has
requested of them and give him access to the files concerned.
They may refuse only on duly substantiated grounds of
secrecy.

2.
The Community institutions and bodies shall be obliged
to supply the Ombudsman with any information that he
requests of them and to allow him to consult and take copies
of any document. (cid:145)Document(cid:146) shall mean any content what-
ever its medium (written on paper or stored in electronic
form or as a sound, visual or audiovisual recording).

They shall give access to documents originating in a Member
State and classed as secret by law or regulation only where
that Member State has given its prior agreement.

They shall give him access to all classified documents originat-
ing in a Member State after having informed the Member
State concerned.

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

In both cases, in accordance with Article 4, the Ombudsman
may not divulge the content of such documents.

Officials and other servants of Community institutions and
bodies must testify at the request of the Ombudsman; they
shall speak on behalf of and in accordance with instructions
from their administrations and shall continue to be bound by
their duty of professional secrecy.

(1) OJ L 113, 4.5.1994, p. 15.

In all cases where documents are classified as (cid:145)Secret(cid:146) (secret)
or (cid:145)Confidentiel(cid:146) (confidential), in accordance with Article 4,
the Ombudsman may not divulge the content of such docu-
ments.

Officials and other servants of Community institutions and
bodies shall testify at the request of the Ombudsman. They
shall give complete and truthful information.

12. Deliberations of the Committee on Petitions

A5-0236/2001

European Parliament resolution on the deliberations of the Committee on Petitions during the
parliamentary year (2001/2010(INI))

The European Parliament,

(cid:129) having regard to Rule 163 of its Rules of Procedure,

(cid:129) having regard to Rule 175(5) of its Rules of Procedure,

(cid:129) having regard to its previous resolutions on petitions,

(cid:129) having regard to Articles 21 and 194 of the EC Treaty,

C 72 E/338

Official Journal of the European Communities

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21.3.2002

Thursday 6 September 2001

(cid:129) having regard to the annual report (1999-2000) of the European Ombudsman,

(cid:129) having regard to the 1989 Interinstitutional Agreement on strengthening the right of petition (1),

(cid:129) having regard to the report of the Committee on Petitions (A5-0236/2001),

A. whereas the right of petition is a fundamental right of European citizens and any natural or legal

person residing or having its registered office in a Member State,

B. whereas, in tabling petitions to the European Parliament, European citizens are seeking greater par-

ticipation in the construction of the Community,

C. whereas petitions provide an eminently suitable means of assessing the impact of Community legis-

lation on people(cid:146)s lives,

D. whereas petitions strengthen the European Parliament(cid:146)s monitoring powers by revealing infringements

of Community law,

1.
Recalls that the right of petition embodied in the Treaties provides an effective means of keeping the
institutions in contact with the citizens and informed of their problems and legitimate aspirations, some-
thing which is also of cardinal importance to the citizens themselves;

2.
Stresses also that petitions, together with complaints to the European Ombudsman, provide two of
the rare opportunities available to the European citizen to draw attention to the existing shortcomings of
Community legislation and cases of failure to implement or transpose Community law. To this end, the
Committee on Petitions supports initiatives by the European Ombudsman, for example the drawing up of
a Code of Good Administrative Behaviour, ensuring public access to the institutions(cid:146) documentation and
the drafting of special reports;

Notes that European citizens seeking assistance from the European Parliament in order to redress an

3.
injustice affecting them, frequently do not obtain a suitable reply as promptly as would be desirable;

4.
Recommends that the general public(cid:146)s right of petition be included as a topic on the agenda for the
planned Convention on future EU integration with a view to increasing the general public(cid:146)s direct involve-
ment in the day-to-day work of the Community institutions;

5.
Stresses that fruitful cooperation between the European Parliament, the Council and Commission is
essential to provide a response to the concerns expressed by European citizens in their petitions and that
much still remains to be done in this respect particularly by the Council;

Recognises and welcomes the fact that, generally speaking, the Commission plays a constructive role

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in dealing with petitions;

7.
Points out that, where petitions reveal infringements by the national, regional or local authorities of
the Member States of the principles embodied in Community law, the Commission is obliged to initiate
proceedings against the Member State in question under Article 226 of the Treaty;

Calls on the Commission to follow the ombudsman(cid:146)s recommendation to (cid:145)establish a clear procedural

8.
code(cid:146) for the treatment of infringement procedures against Member States;

Realises that, thanks to computer technology, individual European citizens have at their disposal the
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most modern means of communication and information but that they cannot yet make maximum use of
them because the failure by the institutions, in particular the European Parliament, to develop and adapt
the relevant legal and technical instruments;

Reiterates its request to the Commission to act together with the European Parliament(cid:146)s Committee
10.
on Petitions in developing electronic data processing systems and databases containing information regard-
ing matters already decided on, so as to provide a body of case law for the consideration of petitions and
to make these available through the Internet to the citizens of the European Union;

(1) OJ C 120, 12.4.1989, p. 90.

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Thursday 6 September 2001

11.
Calls on its committee with responsibility for matters relating to the Rules of Procedure to adjust
existing provisions to enable individual citizens to use electronic data processing resources in the various
phases of the petitions process;

Urges its relevant committee to reflect on the amendments which must be made to Title XVII of
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Annex VI of its Rules of Procedure so as to give the Committee on Petitions a more active role in assessing
the petitions forwarded to it;

Considers that citizens(cid:146) possibilities to initiate Community legislation through petitions should be
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strengthened; asks the committee responsible to consider possible modifications to the Rules of Procedures
and the Treaties to this effect;

14.
Calls for the drafting of a new interinstitutional agreement to ensure that petitions are processed
for example by introducing mandatory deadlines, effective cooperation
more effectively and rapidly,
between the European Parliament, Council, Commission and European Ombudsman and compulsory
attendance by the Council at meetings where petitions are considered.

Takes the view that the new interinstitutional agreement should confirm the right of the Committee

15.
on Petitions to obtain the information and documents it needs in order to carry out its tasks;

16.
Should an institution fail to respond in a prompt and reasonable manner in seeking a fair solution
regarding a petition, will propose to the Presidency of Parliament that the matter be brought into the open
to the extent considered appropriate;

17.
Considers that, with a view to enlargement of the European Union to include the applicant coun-
tries, account should be taken of the provisions of the European Union Charter of Fundamental Rights, in
particular Article 21 thereof, wherever possible cases of infringement of the principle of non-discrimination
are under investigation;

18.
Considers that, with regard to petitions on particularly important subjects, it would be desirable for
the petitioners concerned to attend the deliberations of the Committee on Petitions either in Parliament or
at the place where the problem is situated and for the Directorate-General for Research or the STOA unit
to report on the matter;

Recommends that the institutions launch a Community initiative to educate and inform citizens

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concerning the right of petition and establish a relevant website on Internet;

Points out that promoting own-initiative reports has proved to be a highly suitable practice for

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adoption by the Committee on Petitions, for which reason it should be more widely used in future.

Instructs its President to forward this resolution and the accompanying report by its committee to
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the Council, the Commission, the governments and parliaments of the Member States and their petitions
committees, together with the European Ombudsman and the national ombudsmen or similar organs in
the Member States.

13. Zimbabwe

B5-0549, 0554, 0571, 0581, 0582 and 0592/2001

European Parliament resolution on the situation in Zimbabwe

The European Parliament,

(cid:129) having regard to its previous resolutions on the situation in Zimbabwe on 13 April 2000 (1), 18 May

2000 (2), 6 July 2000 (3), and 15 March 2001 (4),

(1) OJ C 40, 7.2.2001, p. 425.
(2) OJ C 59, 23.2.2001, p. 241.
(3) OJ C 121, 24.4.2001, p. 394.
(4)
(cid:145)Texts Adopted(cid:146), Item 15.