Couv médiateur 11 langues 7/07/98 9:48 Page 4 77 01 06 99 9 The European Ombudsman ANNUAL REPORT ME-13-98-750-EN-C FOR 1997 ANNUAL REPORT ÊÔÚ Price (excluding VAT) in Luxembourg: ECU 10 OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES L-2985 Luxembourg En MEDIATEUR EN 6/07/98 12:07 Page 1 The European Ombudsman ANNUAL REPORT FOR 1997 En MEDIATEUR EN 6/07/98 12:07 Page 3 Strasbourg, 20 April 1998 Mr José María Gil-Robles Gil-Delgado President European Parliament rue Wiertz B - 1047 Bruxelles Mr President, In accordance with Article 138e (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 1997. Jacob Söderman, Ombudsman of the European Union MEDIATEUR EN 6/07/98 12:07 Page 5 CONTENTS 5 1 FOREWORD BY THE EUROPEAN OMBUDSMAN 11 2 COMPLAINTS TO THE OMBUDSMAN 15 2.1 THE LEGAL BASIS OF THE OMBUDSMAN'S WORK 16 2.2 HOW COMPLAINTS ARE DEALT WITH 17 2.2.1 The mandate of the European Ombudsman 17 2.2.2 Admissibility of complaints 27 2.2.3 GROUNDS FOR INQUIRIES 29 2.3 ANALYSIS OF THE COMPLAINTS 30 2.4 ADVICE TO CONTACT OTHER AGENCIES AND TRANSFERS 31 2.5 DECISIONS FOLLOWING AN INQUIRY BY THE OMBUDSMAN 31 3 DECISIONS FOLLOWING AN INQUIRY 35 3.1 CASES WHERE NO MALADMINISTRATION WAS FOUND 35 3.1.1 The European Parliament Decision on non-active status under Article 41 of the Staff Regulations . 35 Handling of a complaint . 37 3.1.2 The European Parliament, the European Commission, the Court of Auditors, the Committee of the Regions and the Economic and Social Committee Actio popularis complaint: Age limits in recruitment competitions . 40 3.1.3 The Council of the European Union Recruitment: Exclusion from a competition . 43 3.1.4 The Council of the European Union and the European Commission Discrimination in open competitions . 45 Recruitment: Assessment of work experience and failure to reply . 47 3.1.5 The European Commission Selection of trainees: Access to the "Blue Book" . 52 Refusal to accept an EUR 1 certificate from Ivory Coast . 53 Recruitment: Oral selection procedure . 58 Freedom of movement: Handling of complaints lodged with the Commission. 59 MEDIATEUR EN 6/07/98 12:07 Page 6 6 CONTENTS Recruitment of a temporary agent . 67 Termination of a contract . 70 Interpretation of Commission regulations . 72 Rights of free movement for persons on pre-retirement pensions . 76 Recruitment: Level of qualification required to take part in a competition . 79 Invitation for tender: Procedure . 82 Termination of a Phare sub-contract: Responsibilities of the Commission . 84 Refusal of access to a document . 88 Alleged delay in payment of a subvention . 90 Handling of a request for information by a Commission representation . 95 Contract for technical assistance in Algeria . 98 Non-recognition of a third-country diploma . 101 Recognition of a diploma: Handling of a complaint with the Commission . 105 Financing of a project under the MED-URBS programme . 109 Treatment by a Commission representation . 110 Recruitment of temporary agents . 112 Radionavigation systems in Europe: Lack of implementation. 113 Agriculture: Tender for the supply of rye flour . 115 Appeal against a decision not to prolong an inter-university programme . 116 Staff: Additional salary payments . 118 Development: Application for funding under the budget heading for tropical forests . 120 Alleged failure to respond to a complaint . 121 Staff: Reimbursement by the administration . 123 Recruitment: Rights of a person on a reserve list . 124 Failure to promote a Commission official . 127 Staff: Freedom of expression . 129 Car imports into another Member State: Handling of complaints lodged with the Commission . 133 Recruitment: Exclusion from an open competition . 136 Handling of a complaint lodged with the Commission . 138 VAT exemption on services provided to a Commission contractor . 140 Recruitment: Expiry of reserve list . 142 Taxation of remuneration paid to experts . 143 Selection of contractors in call for tenders . 146 Contested recruitment . 147 Unsuccessful application under the Copernicus programme . 150 The Commission's inquiry into the annual tax on Italian passports . 151 Rejection of a call for tender . 154 Procedures for the adjudication of a call for tenders in Pakistan . 157 Contested grading of an official . 159 Admission to competition refused . 162 MEDIATEUR EN 6/07/98 12:07 Page 7 CONTENTS 7 3.1.6 The Court of Justice Recruitment: Criteria for the selection of candidates in an open competition . 165 3.2 CASES DROPPED BY THE COMPLAINANT 168 3.2.1 The European Commission Delay in replying to complainants . 168 Recruitment: Wrong information . 168 Anti-dumping duties . 169 Research: Refusal of information . 169 3.3 CASES CLOSED FOR OTHER REASONS 170 3.3.1 The European Parliament Dismissal by the Parliament . 170 3.3.2 The European Parliament and the European Commission Withholding of Community tax by the European Commission and the European Parliament to free-lance interpreters . 170 3.3.3 The European Commission Lack of recognition of medical degrees in public health by the Spanish authorities . 172 Alleged discrimination in an competetion . 173 Staff: Pension rights of a local agent . 174 3.3.4 The Court of Auditors Admissibility: Time limit exceeded . 174 3.4 CASES SETTLED BY THE INSTITUTION 175 3.4.1 The European Parliament Recruitment: Language discrimination . 175 Exclusion from an invitation to tender . 175 Amount paid to trainees . 176 Ackowledgement of a petition to the European Parliament . 177 3.4.2 The Council of the European Union Conservation of draft agendas of the Council of Justice and Home Affairs Ministers . 179 3.4.3 The European Commission Failure to reply to correspondence . 181 Failure to reply to letters . 183 Handling of a complaint on barriers to social security payments . 184 Disclosure of documents concerning infringement procedures . 185 Failure to reply to letters . 187 Free movement of persons: Handling of complaint to Commission . 188 Request for information . 189 Failure to reply to a letter . 190 MEDIATEUR EN 6/07/98 12:07 Page 8 8 CONTENTS 3.4.4 The European Agency for the Evaluation of Medical Products (EMEA) Registration of veterinary drugs on the list of the EMEA . 190 3.5 FRIENDLY SOLUTIONS ACHIEVED BY THE EUROPEAN OMBUDSMAN 3.5.1 The European Commission Recruitment: Publication of the names and marks of successful candidates in a competition . 191 Delay in payment of salary and settling of travel costs . 197 Late payment of translation services . 199 3.6 CASES CLOSED WITH A CRITICAL REMARK BY THE OMBUDSMAN 3.6.1 The European Commission Failure to carry out sufficient checks before appointing a BRE representative . 201 Measures taken by the Commission to assist Portuguese customs agents entry into force of the internal market . 206 Recruitment: Unreasonable and disproportionate measures against a candidate . 210 Failure to take adequate steps to inform external staff of their position . 213 Responsibility for Community-financed projects: The LIFE programme . 218 Late payment of fees and expenses and failure to answer correspondence. 221 Alleged infringement of directive: Handling of complaints lodged with the Commission . 224 Commission's responsibility for "intermediary organisations". 226 Recruitment: Criteria of evaluation and disclosure of names of correctors . 232 Recruitment: Procedures in an open competition . 236 Recruitment: Information of applicant . 239 Refusal of public access to documents . 241 Recruitment: Appeal against decision of a Selection Board . 243 Recognition of diploma: Complaint not properly considered. 245 Selection of a consultant to carry out a TACIS project . ..