Replies to European Ombudsman enquiries addressed to the European Council or to the Council in relation to public access to documents: procedure - Montesquieu Instituut

COUNCIL OFBrussels, 2 August 2012

THE EUROPEAN UNION

12902/12

POLGEN 142 INST 483 INF 121 API 75 -

NOTE

from :

General Secretariat

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

from the European Ombudsman in relation to public access to documents of the European

• 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

documents, the existing practice is that the replies are first approved by the Council, although

• 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

documents.

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-

General.

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