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Letter from the European Ombudsman to the European Environment Agency (EEA) opening own-initiative inquiry OI/4/2013/CK concerning the EU Agencies
Correspondence - Date Monday | 12 August 2013
Case OI/4/2013/CK - Opened on Monday | 12 August 2013 - Decision on Friday | 16 May 2014 - Institutions concerned EURATOM Supply Agency ( No further inquiries justified ) | European Banking Authority ( No further inquiries justified ) | European Insurance and Occupational Pensions Authority ( No further inquiries justified ) | European Securities and Markets Authority ( No further inquiries justified ) | Community Plant Variety Office ( No further inquiries justified ) | Agency for Support for BEREC ( No further inquiries justified ) | European Asylum Support Office ( No further inquiries justified ) | European Agency for Safety and Health at Work ( No further inquiries justified ) | European Border and Coast Guard Agency ( No further inquiries justified ) | European Union Aviation Safety Agency ( No further inquiries justified ) | European Centre for Disease Prevention and Control ( No further inquiries justified ) | European Centre for the Development of Vocational Training ( No further inquiries justified ) | European Chemicals Agency ( No further inquiries justified ) | European Environment Agency ( No further inquiries justified ) | European Food Safety Authority ( No further inquiries justified ) | European Foundation for the Improvement of Living and Working Conditions ( No further inquiries justified ) | European Union Agency for Fundamental Rights ( No further inquiries justified ) | European Institute for Gender Equality ( No further inquiries justified ) | Fusion for Energy Joint Undertaking ( No further inquiries justified ) | European Maritime Safety Agency ( No further inquiries justified ) | European Medicines Agency ( No further inquiries justified ) | European Monitoring Centre for Drugs and Drug Addiction ( No further inquiries justified ) | European Union Agency for Cybersecurity ( No further inquiries justified ) | European Union Agency for Railways ( No further inquiries justified ) | European Training Foundation ( No further inquiries justified ) | European Union Intellectual Property Office ( No further inquiries justified ) | Translation Centre for the Bodies of the European Union ( No further inquiries justified ) | European Defence Agency ( No further inquiries justified ) | European Union Institute for Security Studies ( No further inquiries justified ) | European Union Agency for Law Enforcement Training ( No further inquiries justified ) | European Union Agency for Law Enforcement Cooperation ( No further inquiries justified ) | European Union Agency for Criminal Justice Cooperation ( No further inquiries justified ) | European Institute of Innovation and Technology ( No further inquiries justified ) | Consumers, Health, Agriculture and Food Executive Agency ( No further inquiries justified ) | European Research Council Executive Agency ( No further inquiries justified ) | European Systemic Risk Board ( No further inquiries justified ) | European Education and Culture Executive Agency ( No further inquiries justified ) | Executive Agency for Competitiveness and Innovation ( No further inquiries justified ) | European Research Executive Agency ( No further inquiries justified ) | Trans-European Transport Network Executive Agency ( No further inquiries justified ) - Country France
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Ms Jacqueline McGlade |
Strasbourg, 12/08/2013
Own-initiative inquiry OI/4/2013/CK concerning the EU Agencies
Dear Ms McGlade,
On 30 April 2013, in the decision closing own-initiative inquiry OI/4/2012/CK concerning the European Centre for the Development of Vocational Training (Cedefop)[1], I announced my intention to examine, in the framework of an own-initiative inquiry, the different practices adopted by the EU Agencies regarding the issue of disclosure of the names of Selection Board members.
At the outset, I note that views as to the correct balance between openness and the legitimate needs of confidentiality in the work of selection boards have evolved in the direction of giving greater weight to openness. Both EPSO and the Commission have an established practice, whereby they disclose the names of the members of selection boards. Such a practice guarantees transparency in selection procedures and allows candidates to ascertain that the selection procedure has not been vitiated by conflicts of interest. It thus helps to build and maintain public trust in the EU institutions, bodies, offices and agencies.
In the course of visits to a number of Agencies[2], I realised that some of them have not yet adapted their practices to those of EPSO and the Commission, or had not yet considered the issue. Of the Agencies that I have visited, only the European Environment Agency (EEA) has an established proactive policy of making available to the public the names of selection board members through its website[3]. I made a number of suggestions going in that direction in discussions with the other Agencies that were visited. The reactions to my suggestions were also diverse. While the European Chemicals Agency (ECHA) endorsed the Ombudsman's suggestions to provide the names of selection board members to all candidates[4], some agencies hesitated to proceed to such disclosure.
The diversity in the approaches adopted by the different Agencies and their reactions to my suggestion motivated my decision to proceed with an own-initiative inquiry on this issue that covers all the EU Agencies.
I note that EEA has in place a proactive policy of making available to the public the names of selection board members through its website. Nevertheless, for the purpose of conducting a comprehensive and thorough inquiry and with a view to promote best practices among the EU agencies, I would be very grateful if EEA could also reply to the following questions that I have addressed to all the Agencies:
1. Are the names of selection board members disclosed to candidates? If so, at which stage of the selection procedure? Are the names published proactively, or are they made available upon request?
2. In case your Agency has adopted a proactive policy of disclosing the names of selection board members, what are the measures it has taken in order to ensure compliance with data protection requirements?
I invite you to provide the requested clarifications by 30 November 2013.
Ms Christina Karakosta (tel: +32 228 41141), a Legal Officer within Unit 3, will be responsible for dealing with this own-initiative inquiry.
Yours sincerely,
P. Nikiforos Diamandouros
[1] http://www.ombudsman.europa.eu/en/activities/visitreport.faces/en/50148/html.bookmark
[2] http://www.ombudsman.europa.eu/en/activities/visits.faces
[3] http://www.eea.europa.eu/about-us/jobs/selection-committee-members
[4] http://www.ombudsman.europa.eu/cases/decision.faces/en/50278/html.bookmark