The case concerned the Regulatory Scrutiny Board (RSB), which is an independent body within the European Commission that reviews and issues opinions on Commission draft impact assessments that accompany legislative proposals. The complainant, a non-governmental organisation, raised concerns in relation to the RSB’s composition and its interactions with interest representatives.

The Ombudsman found that, given the RSB’s significant role in the Commission’s decision making regarding legislative proposals, the Commission should seek to ensure public confidence that there is no risk of potential conflicts of interests in its work. To this end, the Ombudsman suggested that, when choosing their outreach activities, RSB should consider not only the actual risk of undue influence but also the public perception of such activities. In particular, RSB members should refrain from meeting with individual interest representatives.

The Ombudsman also found that the Commission did not clearly explain how the current composition of the RSB provided sufficiently diverse expertise. The Ombudsman made a suggestion for improvement to address this.