Ms Ursula von der Leyen President European Commission

 

Dear President,

The Commission’s code of conduct sets out how commissioners should apply their obligations of independence and integrity in practice. An ethics committee advises the Commission on whether intended activities of (former) commissioners are compatible with the EU Treaties. Current commissioners who will not continue in their functions will be obliged to notify certain post-mandate activities. It is key that they know their obligations and that the public trusts that the system works.

The publication of internal documents from the internet transportation company Uber (the ‘Uber Files’), gave rise to allegations that a former commissioner, Ms Neelie Kroes, had represented the interests of Uber shortly after leaving the Commission.

Some of the elements that were disclosed include the fact that the Commission’s ethics committee had advised that the former commissioner’s request to join Uber was not compatible with the EU Treaties, and that the request was subsequently withdrawn resulting in limited transparency around the decision making involved.

In response to the allegations that she had represented Uber’s interests, Ms Kroes reportedly said that she did so as ‘Special Envoy for Start-ups’, at the invitation of the Dutch government. In 2014, the Commission had authorised Ms Kroes’ request to become Start-up Envoy without an ethics committee opinion.

The Commission referred the allegation of the breach of rules to OLAF, which can investigate claims of serious wrongdoing by former commissioners.

On 22 December 2023, Dutch media reported that OLAF had not made any findings, nor did it make recommendations in relation to the case of the former commissioner.[1] OLAF’s report is not public. On 18 January 2024, the Commission said it would no longer pursue the matter.

The issue of the former commissioner representing Uber generated significant public interest. In EU Member States, parliaments looked into the matter in 2023.[2]

Could the Commission please set out any improvements it has introduced to its rules and how it applies those rules so that publicly damaging allegations such as those referred to above are avoided for this outgoing Commission? In particular, has the Commission considered changing its practice of encouraging (former) commissioners to withdraw requests that have been subject to a negative ethics opinion, given the transparency deficit that results?

I would be grateful to receive the Commission's reply by 30 April 2024.

In case of questions, the inquiries officer responsible is Mr Koen Roovers.

Yours sincerely,

Emily O'Reilly
European Ombudsman

Strasbourg, 07/02/2024

 

[1] See: https://nos.nl/artikel/2502575-europees-anti-fraudebureau-kroes-overtrad-geen-regels-met-lobbywerk-uber.

[2] See report 1521 of 11 July 2023 of the commission of investigation of the French Parliament on to the revelations of the Uber files: https://www.assemblee-nationale.fr/dyn/16/rapports/ceuberfil/l16b1521_rapport-enquete. See also the report on the finance committee hearing in the Dutch Parliament with the Uber Files whistle-blower on 11 April 2023: https://www.tweedekamer.nl/kamerstukken/commissieverslagen/detail?id=2023Z06397&did=2023D13390. The case also led to parliamentary questions in the Dutch Parliament, for example: https://www.tweedekamer.nl/kamerstukken/kamervragen/detail?id=2022Z15176&did=2023D04102.