Annual Report 2002

THE EUROPEAN OMBUDSMAN ANNUAL REPORT 2002 http://www.euro-ombudsman.eu.int EN ISSN 1680-3787 THE EUROPEAN OMBUDSMAN ANNUAL REPORT 2002 Photographs (unless otherwise mentioned), and layout : Services of the European Parliament Mr Pat Cox Strasbourg, 10 February 2003 President European Parliament rue Wiertz B - 1047 Brussels Mr President, In accordance with Article 195 (1) of the Treaty establishing the European Community and Article 3 (8) of the Decision of the European Parliament on the Regulations and General Conditions Governing the Performance of the Ombudsman’s Duties, I hereby present my report for the year 2002. Yours sincerely, Jacob Söderman Ombudsman of the European Union TABLE OF CONTENTS 5 1 FOREWORD 11 2 COMPLAINTS TO THE OMBUDSMAN 17 2.1 THE LEGAL BASIS OF THE OMBUDSMAN’S WORK 17 2.2 THE MANDATE OF THE EUROPEAN OMBUDSMAN 18 2.2.1 “Maladministration” 18 2.2.2 The Code of good administrative behaviour 19 2.3 ADMISSIBILITY OF COMPLAINTS 20 2.4 GROUNDS FOR INQUIRIES 21 2.5 ANALYSIS OF THE COMPLAINTS 22 2.6 ADVICE TO CONTACT OTHER BODIES AND TRANSFERS 23 2.7 THE OMBUDSMAN’S POWERS OF INVESTIGATION 23 2.7.1 The hearing of witnesses 23 2.7.2 Inspection of documents 24 2.7.3 Clarifying the Ombudsman’s powers of investigation 25 2.8 INQUIRIES BY THE OMBUDSMAN AND THEIR OUTCOMES 26 3 DECISIONS FOLLOWING AN INQUIRY 29 3.1 CASES WHERE NO MALADMINISTRATION WAS FOUND 29 3.1.1 The European Commission 29 NUTS CLASSIFICATION OF THE ISLE OF WIGHT (UK) . 29 DEGREE NECESSARY FOR ADMISSION TO TENDER . 35 3.1.2 The Court of Justice of the European Communities 38 AVAILABILITY OF LANGUAGE VERSIONS OF JUDGEMENTS ON THE COURT’S WEBSITE . 38 3.1.3 The European Investment Bank 40 ALLEGED PROFESSIONAL HARASSMENT AND DENIAL OF JUSTICE. 40 3.1.4 The Office for Official Publications of the European Communities 44 ALLEGEDLY ABUSIVE PRICES FOR CD-ROM EDITION OF OFFICIAL JOURNAL . 44 3.1.5 Europol 48 ACCESS TO EUROPOL DOCUMENTS . 48 3.2 CASES SETTLED BY THE INSTITUTION 50 3.2.1 The European Commission 50 REFUSAL TO REIMBURSE LEONARDO PROJECT: INTERPRETATION OF CONTRACTUAL CLAUSES . 50 COMMISSION COMPENSATES COMPLAINANT FOR A TERMINATED PROJECT FINANCED BY THE EUROPEAN DEVELOPMENT FUND. 54 ALLEGED DISCRIMINATION AND UNFAIRNESS BECAUSE OF LACK OF GREEK FONTS ON COMPUTER AVAILABLE TO CANDIDATES . 59 HANDLING OF APPLICATION IN SELECTION PROCEDURE . 62 THE EUROPEAN COMMISSION ANNULLED A PROCEDURE FOR THE SELECTION OF PERSONNEL IN THE FIELD OF RESEARCH . 64 6 ANNUAL REPORT | 2001 THE COMMISSION PUTS AN END TO UNPAID TRAINEESHIPS . 66 ALLEGED FAILURE TO PAY THE LAST SECTION OF FINANCIAL AID AS AGREED UPON . 66 THE COMMISSION ACCEPTS TO CHANGE A CONTRACT IN ORDER TO TAKE INTO CONSIDERATION ALL THE COSTS OF A PROJECT . 70 PAYMENT OF FUNERAL COSTS. 71 3.2.2 The Court of Justice of the European Communities 73 REIMBURSEMENT OF TRAVEL EXPENSES FOR JOB APPLICANT . 73 3.3 FRIENDLY SOLUTIONS ACHIEVED BY THE OMBUDSMAN 74 3.3.1 The European Parliament 74 PUBLICATION OF A REJOINDER TO REPORT OF THE COMMITTEE OF INDEPENDENT EXPERTS . 74 3.3.2 The European Commission 79 COMMISSION ACCEPTS OMBUDSMAN’S PROPOSAL FOR FRIENDLY SOLUTION REGARDING A CLAIM FOR REMUNERATION . 79 EUROPEAN COMMISSION REVOKES ITS DECISION TO REDUCE THE AMOUNT OF A FINANCIAL CONTRIBUTION . 87 CONVERSION OF AN ECIP LOAN INTO A GRANT . 90 ALLEGED FAILURE TO PAY SPECIAL ALLOWANCE TO IMPREST ADMINISTRATOR . 94 3.4 CASES CLOSED WITH A CRITICAL REMARK BY THE OMBUDSMAN 98 3.4.1 The European Commission 98 APPLICATION OF DIRECTIVE 85/337/EEC . 98 FAILURE TO PAY FOR SERVICES RENDERED . 106 FAILURE TO EXCLUDE BIDDER FROM CALL FOR TENDERS. 113 ALLEGED PROCEDURAL IRREGULARITIES IN AN INTERNAL COMPETITION . 122 TECHNICAL ASSISTANCE OFFICE’S FAILURE TO PAY BILLS - COMMISSION’S RESPONSIBILITY. 129 FAILURE TO CONSULT STAFF PRIOR TO A DECISION AFFECTING THEM . 135 AWARD OF TACIS CONTRACT . 139 COMMISSION GRANT FOR EU SCIENTIST WORKING IN JAPAN . 147 ESTABLISHMENT OF A RESERVE FUND. 150 FAILURE TO PAY GRANT . 156 FAILURE TO REPLY TO CITIZEN IN ARTICLE 226 PROCEEDINGS . 161 CLOSURE OF AN ARTICLE 226 ENVIRONMENTAL CASE: ALLEGED FAILURE TO REASON AND TO TAKE INTO ACCOUNT AN OMBUDSMAN’S REPORT . 164 3.4.2 The Court of Justice of the European Communities 170 FAILURE TO REPLY TO ARTICLE 90 COMPLAINT CONCERNING RESETTLEMENT ALLOWANCE . 170 3.5 DRAFT RECOMMENDATIONS ACCEPTED BY THE INSTITUTION 175 3.5.1 The European Parliament 175 THE EUROPEAN PARLIAMENT ACCEPTS TO RECONSIDER THE RECRUITMENT CONDITIONS OF SOME OFFICIALS. 175 3.5.2 The European Commission 179 FINANCIAL SETTLEMENT FOLLOWING THE TERMINATION OF A PROJECT IN NIGERIA . 179 COMMISSION CARRIED OUT A NEW ON-THE-SPOT INSPECTION WITH A VIEW TO REVIEW ITS DECISIONS TO PERMIT THE IMPORT OF REINDEER MEAT FROM RUSSIA . 183 NO PUBLIC ACCESS TO COMMISSION BRIEFING NOTES FOR MEETINGS OF THE TRANSATLANTIC BUSINESS DIALOGUE. 189 3.5.3 The European Commission and the European Parliament 191 EUROPEAN PARLIAMENT AND COMMISSION TO ESTABLISH A NEW INTER-INSTITUTIONAL PAYMENT SYSTEM . 191 3.6 CASES CLOSED AFTER A SPECIAL REPORT 194 PROPOSAL FOR THE ADOPTION OF A EUROPEAN CODE OF GOOD ADMINISTRATIVE BEHAVIOUR . 194 COMMISSION PUTS AN END TO DISCRIMINATION ON THE GROUNDS OF SEX AGAINST SECONDED NATIONAL EXPERTS . 194 PARLIAMENT ENDORSES OMBUDSMAN’S VIEWS ON ACCESS TO DOCUMENTS . 195 TABLE OF CONTENTS 7 3.7 OWN INITIATIVE INQUIRIES BY THE OMBUDSMAN 196 3.7.1 The European Commission 196 FREEDOM OF EXPRESSION OF COMMISSION OFFICIALS. 196 PARENTAL LEAVE FOR EU OFFICIALS . 201 3.7.2 The European Centre for the Development of Vocational Training 204 OWN INITIATIVE INQUIRY INTO THE LANGUAGE USED BY CEDEFOP IN ITS OPINIONS ON COMPLAINTS . 204 3.7.3 All Community institutions and bodies and decentralised agencies 207 OWN INITIATIVE INQUIRY ON AGE LIMITS . 207 3.8 SPECIAL REPORTS PRESENTED TO THE EUROPEAN PARLIAMENT 214 ACCESS TO COUNCIL DOCUMENTS . 214 PUBLICATION OF THE NAMES OF SUCCESSFUL CANDIDATES IN RECRUITMENT COMPETITIONS . 215 3.9 QUERY FROM REGIONAL OMBUDSMAN 215 MANAGEMENT OF COMMUNITY FUNDS BY THE LOMBARDIA REGION, ITALY . 215 4 RELATIONS WITH OTHER INSTITUTIONS OF THE EUROPEAN UNION 217 4.1 THE EUROPEAN PARLIAMENT 219 4.2 THE COUNCIL OF THE EUROPEAN UNION 221 4.3 THE EUROPEAN COMMISSION 222 4.4 THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES 222 4.5 THE EUROPEAN CONVENTION 222 4.6 THE EUROPEAN ANTI-FRAUD OFFICE (OLAF) 223 5 RELATIONS WITH OMBUDSMEN AND SIMILAR BODIES 227 5.1 RELATIONS WITH NATIONAL AND REGIONAL OMBUDSMEN 227 5.2 THE LIAISON NETWORK 227 5.3 RELATIONS WITH LOCAL OMBUDSMEN 227 5.4 RELATIONS WITH NATIONAL OMBUDSMEN IN THE ACCESSION STATES 228 6 PUBLIC RELATIONS 233 6.1 HIGHLIGHTS OF THE YEAR 233 6.2 CONFERENCES AND MEETINGS 236 6.3 OTHER EVENTS 249 6.4 MEDIA RELATIONS 254 6.5 ONLINE COMMUNICATION 257 8 ANNUAL REPORT | 2001 7 ANNEXES 259 ASTATISTICS 261 B THE OMBUDSMAN’S BUDGET 267 C PERSONNEL 269 D INDICES OF DECISIONS 272 1 FOREWORD FOREWORD 11 1 FOREWORD In 2002, a Eurobarometer opinion poll was carried out to see how well European citizens know their rights. The people interviewed had to reply true or false to statements about their rights as citizens of the European Union. The best known right was the right to work in another Member State closely followed.

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