In Person (Berlaymont)

Present

European Commission (Secretariat-General, Unit C1 and C2)

Deputy Head of Unit, Transparency, Document Management and Access to Documents

Policy Officer, Coordinator for inter-institutional Relations - Relations with the European Ombudsman

Legal and Policy Officer, Access to Documents

Two case-handlers, Access to Documents

Legal Assistant, Access to Documents

European Ombudsman

Amandine Le Bellec, Inquiries Officer

Alice Bernard, Inquiries Officer

Tanja Ehnert, Inquiries Coordinator

Jennifer King, Legal Expert

Kilian Frey, Inquiries Trainee

Background

The case concerns the European Commission’s failure to reply to a request for public access to documents related to a holiday of the Commission President. When handling the access request at the initial stage, the Commission did not identify any documents falling within the scope of the request. In November 2023, the complainant challenged this and asked the Commission to review its decision. As the confirmatory decision was delayed, the complainant turned to the Ombudsman in January 2024.

In February 2024, the Ombudsman asked that the Commission reply to the complainant’s confirmatory application. In April, the Ombudsman asked to inspect any documents provisionally identified. In August, as the confirmatory decision had not been adopted and the Commission had informed her Office that it had not identified any documents concerning the request, the Ombudsman shared her preliminary view on the case.[1] In addition, the Ombudsman asked to inspect the internal consultations and exchanges within the Commission related to the public access request. 

Purpose of the inspection meeting

The meeting was organised at the initiative of the Commission, to provide the Ombudsman inquiry team with the internal exchanges requested and to address any questions following that inspection.

Introduction and procedural information

The Ombudsman inquiry team confirmed that a report will be prepared and sent to the Commission to ensure that the content is factually accurate and complete. No confidential information would be included in the report or otherwise provided to the complainant or any third party. Such information is recorded in a confidential annex to this meeting report.

The Commission representatives provided the Ombudsman inquiry team with hard copies of the requested internal exchanges and the documents provisionally identified as falling within the scope of the request. Following the inspection, the inquiry team asked questions to clarify certain matters from the inspected documents.

The list of documents inspected is included in the confidential annex.

Information exchanged

The timeline for the confirmatory decision

The Commission representatives informed the Ombudsman inquiry team that a draft confirmatory decision had been prepared, that it had been reviewed by the Legal Service and circulated for validation within relevant parts of the Commission. The Commission representatives indicated that internal discussions were still ongoing. Thus, it was not possible to provide a timeline for the adoption of the confirmatory decision.

The delay in handling the public access request

The Ombudsman inquiry team asked about the delay in handling the request both at the initial and at the confirmatory stages.

As regards the initial stage, the Commission representatives explained that, as the request concerned the Cabinet of the President of the Commission, the Secretariat-General (SG) was the service responsible for handling the request. They stated that the delay in starting to handle the request was likely related to workload. They explained that the case-handler in charge of the initial reply has left the Commission since, so it was not possible to obtain more information.

As regards the confirmatory stage, the Ombudsman inquiry team noted the timely registration of the request and of the initial exchanges within the SG. The Commission representatives explained that for the confirmatory stage, whilst the SG was the responsible service for handling the request, the request for review was handled by a different case handler so as to ensure an independent review. Shortly after the review process had started, the Cabinet of the President was again asked to carry out a further search to identify relevant documents falling within the scope of the request. The Commission representatives explained that its services issued a series of reminders to the Cabinet of the President and confirmed that there had been no other development in the case until June 2024.

Search and identification of documents

The Ombudsman inquiry team asked whether the SG had provided guidance to the Cabinet of the President on how and where to search for documents. The Commission representatives emphasised that the SG did not hold any documents itself. It is therefore for the relevant part(s) of the Commission - in this case the Cabinet - to carry out the search. The SG cannot provide guidance on how to carry out the search, because it does not know whether documents exist nor where they would be located if that is the case.

In reply to a question from the Ombudsman inquiry team about whether the SG asks relevant services to explain why no documents exist if documents are not identified, the Commission representatives stated that this is not their current practice but that they may consider doing so in the future.

The Ombudsman inquiry team addressed a number of questions to the Commission representatives based on the documents inspected, in particular as regards additional exchanges with other Commission services subsequent to the Ombudsman’s preliminary views.

As the adoption of the confirmatory decision is still pending, the Commission representatives stated that it was not possible to comment further on the identification of documents at this stage.

Conclusion of the meeting

The inquiry team thanked the Commission’s representatives for their time and for the explanations provided, and the meeting ended.

 

Brussels, 30/10/2024

Jennifer King                                                                                                                             Amandine Le Bellec

Legal Expert                                                                                                                              Inquiries Officer

 

 

[1] Letter from the European Ombudsman to the European Commission on how it dealt with a request for public access to documents related to a holiday of the Commission President, available at: https://www.ombudsman.europa.eu/en/doc/correspondence/en/190963