This inquiry concerned the European Commission’s compliance with the provisions on tobacco lobbying, as set out in the Framework Convention on Tobacco Control (FCTC) of the World Health Organization. In particular, the Ombudsman assessed how the Commission ensures the transparency of its interactions with the tobacco industry.

The Ombudsman’s previous work had demonstrated how the Commission’s Directorates-General for Health and Food Safety (DG SANTE) and Taxation (DG TAXUD) comply with the obligations in this area. This inquiry sought to assess how the Commission complies with its obligations across all departments and concerning all Commission staff members.

In the course of the inquiry, the Ombudsman shared with the Commission her preliminary findings. She signalled that the Commission’s failure to take a consistent approach across all its departments to complying with its obligations concerning the transparency of interactions with tobacco industry representatives constitutes maladministration. This included the failure to keep and make available minutes of meetings with tobacco interest representatives, as well as the failure to ensure a systemic assessment, across all directorates-general, as to whether potential meetings with tobacco industry representatives are needed.

In its reply, the Commission restated its standard approach to lobbying transparency and referred to the additional measures taken by DG SANTE and DG TAXUD, which existed prior to the Ombudsman’s inquiry. The Ombudsman therefore upheld her finding that the failure by the Commission to ensure a comprehensive approach across all its departments to transparency of meetings with representatives of the tobacco industry constitutes maladministration.

The Commission added, however, that it will instruct its management to conduct an assessment of the risk of exposure to the tobacco industry. The Ombudsman welcomed this commitment as a sign that things might improve in the future. The Ombudsman will write to the Commission, at the start of 2024, with the points she urges it to communicate to its directors-general, heads of service, and heads of cabinets as they conduct this assessment. The Ombudsman will also ask the Commission to report back by 30 June 2024 on the outcome of the assessment and the progress made on that basis.