COUNCIL OFBrussels, 2 August 2012
THE EUROPEAN UNION
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to : Delegations
Subject : Replies to European Ombudsman enquiries addressed to the European Council or to the Council in relation to public access to documents: procedure
1.The purpose of this note is to inform Delegations of the procedure for replying to enquiries
3.This note deals with responses to Ombudsman enquiries. It does not cover the processing of
applications for public access to documents held by the European Council or by the Council
under Regulation No 1049/20011 and under the Rules of Procedure (hereinafter referred to as
"RoP") of the European Council or of the Council2.
4.The Ombudsman, on his own initiative or following a complaint, conducts all the enquiries
which he considers justified to clarify any suspected maladministration in the activities of the
Union institutions and bodies (Article 3(1) of the Ombudsman's Statute3).
5.When enquiries relate to activities of the European Council or the Council, the Ombudsman
addresses them to the Secretary-General of the Council. Article 240 TFEU provides that the
Council is assisted by a General Secretariat under the responsibility of the Secretary-General.
Article 235 TFEU provides that the European Council shall be assisted by the General
Secretariat of the Council.
6.As Ombudsman enquiries relate to administrative matters, they fall within the responsibility
of the Secretary-General as head of the administration serving both institutions who replies to
such enquiries in respect of the European Council and Council.
7.As regards Ombudsman enquiries addressed to the Council in relation to public access to
8.In order to ensure consistency among procedures for replying to Ombudsman enquiries, the
Secretary-General will from now on reply to the Ombudsman enquiries addressed to the
Council, without further steps than those legally required4, in the area of public access to
This procedure does not however preclude that:
a. If relevant, the European Council or Council may be consulted on an ad hoc basis at
the appropriate level prior to the finalisation of the reply to the Ombudsman.
b. The President of the European Council or the President of the Council and the
European Ombudsman may decide to contact each other directly.
c. The European Council and the Council will respectively be kept informed, in an
appropriate manner and at the relevant level, of Ombudsman enquiries addressed to
the European Council and to the Council and of the replies by the Secretary-
|COM(2000)30 - Toegang van het publiek tot documenten van het Europees Parlement, de Raad en de Commissie