The European Ombudsman, P. Nikiforos Diamandouros, has invited individuals, companies, NGOs, associations and other interested persons to participate in a public consultation linked to his inquiry on the European Commission's "Early Warning System" (EWS). This computerised information system lists persons, companies or other parties which are deemed by EU institutions and bodies to pose a threat to the financial interests of the EU. All EU institutions and bodies may block or suspend contracts or payments to entities listed in certain EWS warning categories.

In recent years, the Ombudsman has received several complaints about the EWS. In one case, a Spanish environmental organisation, which had been included on the EWS because it was subject to preliminary court proceedings in Spain, saw its application for an EU programme rejected. The Ombudsman criticised the Commission for failing to show that it had struck a fair balance between the need to ensure the sound financial management of its grants and the organisation's right to be treated fairly with due respect for the principle of presumption of innocence.

In November 2008, the Ombudsman started an inquiry into the EWS to find out how many persons are listed on the EWS and how participants in EU projects or applicants are informed, in case they have been included on the EWS. The Ombudsman also wants to know how those listed in this system can appeal against their listing. Furthermore, he has raised the question of the potential damage which inclusion in the current EWS may cause to the reputation of concerned parties.

The Commission submitted its opinion on this investigation in February 2009. The Ombudsman has now invited comments from the public to be submitted by 30 June 2009 in any of the 23 official languages.

The invitation to submit comments is available at: http://www.ombudsman.europa.eu/cases/correspondence.faces/en/3976/html.bookmark

The Ombudsman's letter opening his inquiry is available at: http://www.ombudsman.europa.eu/cases/correspondence.faces/en/3673/html.bookmark

The Commission's opinion is available at: http://www.ombudsman.europa.eu/cases/correspondence.faces/en/3975/html.bookmark