Mr Jean-Claude Juncker

President of the European Commission

Strasbourg, 17/04/2018

Strategic initiative SI/7/2017/JN concerning the implementation of Article 28 (governing inspections) of Regulation 1005/2009 on substances that deplete the ozone layer

Dear Mr President,

I refer to my letter of 24 July 2017 concerning the implementation of Article 28 (governing inspections) of Regulation 1005/2009 on substances that deplete the ozone layer.

I have now examined the Commission’s reply, which I received on 11 December 2017, as well as the information provided by several national Ombudsmen.

I note that, to date, the Commission has not availed of the provision in Regulation 1005/2009 whereby it may assist Member States in their compliance inspections.  Given the importance of compliance inspections in the overall scheme of Regulation 1005/2009, I would suggest that the Commission should perhaps attend Member State inspections from time to time.

I note also that Regulation 1005/2009 is to be assessed by an independent contractor in the course of this year. In this context, I am pleased to inform you that a full account of the responses I have received from the national Ombudsmen will be made available very shortly on the section ‘European Network of Ombudsmen’ of my website (https://www.ombudsman.europa.eu/en/correspondence/en/106196).

In the meantime, let me thank you for your reply and for your cooperation with this initiative. The strategic initiative is hereby closed.

Yours sincerely,

Emily O'Reilly

European Ombudsman