Ms Ursula von der Leyen President European Commission

 

Dear President,

I have received a complaint against the European Commission and have decided to open an inquiry and request a written reply from the Commission.

The complaint is about how the Commission has handled an infringement procedure about Belgium’s compliance with the EU Ambient Air Quality Directive (Directive 2008/50), notably with regard to limit values for nitrogen dioxide (NO₂). The complainant argues that the infringement procedure has been open for an unduly long period of time – seven years – and that the reasons given by the Commission for the delay are not sufficient. The complainant also argues that the matter is of particular importance, since the continued exceedance of the limit values adversely affects public health.

In its replies, the Commission has assured the complainant that it takes the matter of air pollution seriously. It has also informed the complainant in general terms about its exchanges with the Belgian authorities on the matter. While I have no reason to question these statements, I consider that they do not sufficiently clarify or justify why the infringement procedure has been ongoing for seven years. I would thus be grateful if the Commission could explain in detail the reasons for the time taken.

I would be grateful to receive the Commission’s reply by 29 September 2023. Please note that I am likely to send your reply and related enclosures to the complainant for comments.[1]

I have also decided that, for the purposes of my inquiry, it is necessary for my inquiry team to inspect the Commission’s file concerning the infringement procedure in question. I would therefore appreciate it if the Commission could provide the file for inspection by the same date. Information or documents that your institution considers to be confidential will not be disclosed to the complainant or any other person without the prior agreement of the Commission.[2]

Once my inquiry team has inspected the file, the inquiry team may also request a meeting to clarify any remaining issues.

While my inquiry team is interested in viewing the full file, for the purposes of my inquiry, the most recent developments following the issuance of the reasoned opinion are the key focus of my attention.

The inquiries officer responsible is Ms X.

Yours sincerely,

Emily O'Reilly

European Ombudsman

Strasbourg, 11/07/2023

 

 

[1] If you wish to submit documents or information that you consider to be confidential, and which should not be disclosed to the complainant, please mark them ‘Confidential’. Encrypted emails can be sent to our dedicated mailbox.

[2] Please clearly mark such material ‘Confidential’. Encrypted emails can be sent to our dedicated mailbox.