2008/587/EC,Euratom: Decision of the European Parliament of 18 June 2008 amending Decision 94/262/ECSC, EC, Euratom on the regulations and general conditions governing the performance of the Ombudsman's duties
Date: 2008-06-18
Institutions: European Parliament
Subjects: European Ombudsman, administrative check, job description, legal status, regulations for civil servants

17.7.2008

EN

Official Journal of the European Union

L 189/25

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

EUROPEAN PARLIAMENT

DECISION OF THE EUROPEAN PARLIAMENT

of 18 June 2008

amending Decision 94/262/ECSC, EC, Euratom on the regulations and general conditions governing
the performance of the Ombudsman's duties

(2008/587/EC, Euratom)

THE EUROPEAN PARLIAMENT,

Having regard to the Treaty
Community, and in particular Article 195(4) thereof,

establishing the European

(3)

It is desirable to adapt the Statute of the Ombudsman in
order to eliminate any possible uncertainty concerning
the capacity of the Ombudsman to conduct thorough
and impartial
inquiries in alleged cases of maladminis­
tration.

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 107d(4) thereof,

(4)

Having regard to the draft decision approved by the European
Parliament on 22 April 2008 (1) and to the resolution adopted
and the amendments approved on 18 June 2008 (2),

Having regard to the opinion of the Commission,

With the approval of the Council (3),

Whereas:

(1)

(2)

The Charter of Fundamental Rights of
the European
Union recognises the right to good administration as a
fundamental right of citizens of the Union.

Citizens' confidence in the capacity of the Ombudsman
to conduct thorough and impartial
inquiries in alleged
cases of maladministration is fundamental to the success
of the Ombudsman's action.

(5)

(6)

It is desirable to adapt the Statute of the Ombudsman in
order to allow for any possible evolution of the legal
provisions or of case law concerning the intervention
of bodies, offices and agencies of the European Union
in cases before the Court of Justice.

It is desirable to adapt the Statute of the Ombudsman to
take account of the changes that have occurred in recent
years as regards the role of EU institutions and bodies in
combating fraud against
the
European Union, notably the creation of the European
allow the
Anti-Fraud Office
Ombudsman to notify those institutions or bodies of
any information falling within their remit.

the financial

interests of

(OLAF),

so

to

as

so as

is desirable

to take steps

It
to allow the
Ombudsman to develop his or her cooperation with
level,
similar institutions at national and international
as well as with national or international
institutions,
even where they cover a wider range of activities than
the European Ombudsman — such as the protection of
human rights — since such cooperation may make a
positive contribution towards enhancing the efficiency
of the Ombudsman's action.

(1) Not yet published in the Official Journal.
(2) Not yet published in the Official Journal.
(3) Decision of the Council of 12 June 2008.

(7)

The Treaty establishing the European Coal and Steel
Community expired in 2002,

L 189/26

EN

Official Journal of the European Union

17.7.2008

HAS DECIDED AS FOLLOWS:

Article 1

Amendments to Decision 94/262/ECSC, EC, Euratom

concerned. Access

he has requested from them and give him access to the
files
information or
documents, in particular to sensitive documents within the
meaning of Article 9 of Regulation (EC) No 1049/2001,
shall be subject to compliance with the rules on security
of the Community institution or body concerned.

to classified

Decision 94/262/ECSC,
Parliament (1) is hereby amended as follows:

Euratom of

EC,

the

European

1.

in Citation 1, the words ‘, Article 20d(4) of the Treaty estab­
lishing the European Coal and Steel Community’ shall be
deleted;

2. recital 3 shall be replaced by the following:

to that

to compliance with the rules on security of

‘Whereas the Ombudsman, who may also act on his own
initiative, must have access to all the elements required for
the performance of his duties; whereas
end
Community institutions and bodies are obliged to supply
the Ombudsman, at his
request, with any information
which he requests of them and without prejudice to the
Ombudsman's obligation not to divulge such information;
whereas access to classified information or documents,
in
particular to sensitive documents within the meaning of
Article 9 of Regulation (EC) No 1049/2001 (*), should be
subject
the
Community institution or body concerned; whereas the insti­
tutions or bodies
supplying classified information or
subparagraph of
documents as mentioned in the first
Article 3(2) should inform the Ombudsman of such classifi­
cation; whereas for the implementation of the rules provided
for in the first subparagraph of Article 3(2), the Ombudsman
should have agreed in advance with the institution or body
concerned the conditions for treatment of classified infor­
mation or documents and other information covered by
the obligation of professional
the
Ombudsman finds that the assistance requested is not forth­
inform the European Parliament, which
coming, he shall
shall make appropriate representations;

secrecy; whereas

if

The institutions or bodies supplying classified information or
documents as mentioned in the previous subparagraph shall
inform the Ombudsman of such classification.

For the implementation of the rules provided for in the first
subparagraph, the Ombudsman shall have agreed in advance
with the institution or body concerned the conditions for
treatment of classified information or documents and other
information covered by the obligation of professional
secrecy.

The institutions or bodies concerned 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 access to other documents originating in a
Member State after having informed the Member State
concerned.

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 continue to be bound by the relevant rules of the Staff
Regulations, notably their duty of professional secrecy.’;

___________
(*) Regulation (EC) No 1049/2001 of

the European
Parliament and of
the Council of 30 May 2001
regarding public access to European Parliament, Council
and Commission documents
(OJ L 145, 31.5.2001,
p. 43).’;

3.

in Article 1(1), the words ‘, Article 20d(4) of the Treaty
establishing the European Coal and Steel Community’ shall
be deleted;

4. Article 3(2) shall be replaced by the following:

The Community institutions and bodies

‘2.
shall be
obliged to supply the Ombudsman with any information

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

5. Article 4 shall be replaced by the following:

‘Article 4

The Ombudsman and his staff, to whom Article 287
1.
the Treaty establishing the European Community and
of
Article 194 of
the Treaty establishing the European
Atomic Energy Community shall apply, shall be required
to divulge information or documents which they
not
obtain in the course of
in
their
particular, be required not to divulge any classified infor­
mation or any document supplied to the Ombudsman,
in
sensitive documents within the meaning of
particular
Article 9 of Regulation (EC) No 1049/2001, or documents
falling within the scope of Community legislation regarding
the protection of personal data, as well as any information
which could harm the person lodging the complaint or any
other person involved, without prejudice to paragraph 2.

inquiries. They shall,

17.7.2008

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Official Journal of the European Union

L 189/27

If, in the course of inquiries, he learns of facts which
2.
he considers might relate to criminal law, the Ombudsman
shall immediately notify the competent national authorities
via the Permanent Representations of the Member States to
insofar as the case falls
the European Communities and,
within its powers,
the competent Community institution,
body or service in charge of combating fraud; if appropriate,
the Ombudsman shall also notify the Community institution
or body with authority over
servant
concerned, which may apply the second paragraph of
Article 18 of the Protocol on the Privileges and Immunities
of the European Communities. The Ombudsman may also
inform the Community institution or body concerned of the
facts calling into question the conduct of a member of their
staff from a disciplinary point of view.’;

the official or

Member States provided he complies with the national law
applicable. The Ombudsman may not by this means demand
to see documents to which he would not have access under
Article 3.

2. Within the scope of his functions as laid down in
the Treaty establishing the European
Article 195 of
Community and Article 107d of
the Treaty establishing
the European Atomic Energy Community and avoiding any
duplication with the activities of the other institutions or
bodies, the Ombudsman may, under the same conditions,
cooperate with institutions and bodies of Member States in
charge of
fundamental
the promotion and protection of
rights.’.

6. the following Article 4a shall be inserted:

Article 2

‘Article 4a

The Ombudsman and his staff shall deal with requests for
public access to documents, other than those referred to in
in accordance with the conditions and limits
Article 4(1),
provided for in Regulation (EC) No 1049/2001.’;

7. Article 5 shall be replaced by the following:

‘Article 5

1.
Insofar as it may help to make his enquiries more
efficient and better safeguard the rights and interests of
the Ombudsman
persons who make complaints to him,
may cooperate with authorities of the same type in certain

This decision shall be published in the Official
European Union.

Journal of the

Article 3

This decision shall enter into force 14 days after its publication
in the Official Journal of the European Union.

Done at Strasbourg, 18 June 2008.

For the European Parliament
The President

H.-G. PÖTTERING