Report on the European Ombudsman's inspection of documents in strategic inquiry OI/6/2016/AB concerning the Commission’s rules and practices to prevent conflicts of interest of Special Advisers

Institution or body concerned: European Commission

Date and time: 7 July 2016, 14:00-17:00

8 July 2016, 10:00-12:00

Location: MO34, 34 Rue Montoyer, 1040 Brussels

The Ombudsman's services

represented by: Ms Rosita Hickey, Head of Strategic Inquiries Unit

Ms Alice Bossière, Strategic Inquiries Unit

Mr Jan Stadler, Inquiry Coordination Unit

 

1. Introduction, procedural aspects and objective

The Ombudsman representatives introduced themselves, thanked the Commission services for their cooperation and set out the purpose of the inspection within the context of the Ombudsman’s inquiry concerning the Commission’s rules and practices to prevent conflicts of interest of Special Advisers.

The Ombudsman representatives outlined the legal framework which applies when they carry out inspections. They further explained that a report on the inspection would be prepared, sent to the Commission and published on the Ombudsman's website.

The objective of the inspection was to inspect the Commission's files on Special Advisers appointed in 2015 and 2016. The Ombudsman representatives noted that the inquiry did not concern any specific individual, but instead focused on systemic issues.

2. Inspection of the file

The Commission representatives provided full access to the Ombudsman representatives to the requested documents. They provided general information about the appointment procedure of Special Advisers, in particular, about the Commission’s conflict of interest assessment. They also explained the structure and nature of the files.

The Ombudsman representatives then proceeded to a thorough inspection of the documents and they took copies as follows:

1- General

(i) Special Advisers, list of documents (confidential)

(ii) Special Advisers, procedure 2015-2016 (confidential)

(iii) List of Special Advisers to the President and Members of the European Commission - contracts from 5 March 2015 to 31 March 2016

(iv) Overview of comments made by DG HR concerning the intended designations of prospective Special Advisers and ‘fiches de suivi’- 2015 (confidential)

(v) Note de la DG RH à la DG BUDG - Information préalable de l’autorité budgétaire sur les intentions de désignation des Conseillers Spéciaux de la Commission européenne - 20 Juillet 2015 (confidential)

(vi) Note de la DG RH à la DG BUDG et au Service Juridique - Consultation concernant la nomination des Conseillers Spéciaux de la Commission - deuxième tranche 2015 - 20 Juillet 2015 (confidential)

(vii) Lettre de transmission de la liste des Conseillers Spéciaux à l’autorité budgétaire - 2^ème vague 2015 - 27 Juillet 2015 (confidential)

(viii) Overview of comments made by DG HR concerning the intended designations of prospective Special Advisers and ‘fiches de suivi’- 2016 (confidential)

(ix) Commission Decision of 31.3.2016 on the appointment of special advisers (confidential)

(x) Email exchanges between DG HR and Commissioners’ Cabinets (confidential)

(xi) Email exchanges within DG HR (confidential)

(xii) Email exchanges between an applicant and the European Commission concerning a request for public access to documents (confidential)

2- Individual files

(i) Designation forms (confidential)

(ii) Declarations on the honour (confidential)

(iii) Declarations of activities (confidential)

(iv) Curricula Vitae (confidential)

(v) Statements of assurance (confidential)

(vi) Contracts of employment (confidential)

(vii) Amendments to the contracts of employment (confidential)

(viii) Email exchanges between DG HR and Commissioners’ Cabinets (confidential)

(ix) Email exchanges within DG HR (confidential)

The Commission representatives identified some of the inspected documents as ‘confidential’. The applicable rules provide that no access may be granted to those documents by the Ombudsman[1]. The copies of the relevant documents were marked ‘confidential’ and signed by a representative of the Commission and a representative of the Ombudsman.

The Ombudsman's services expressed their gratitude for the good cooperation of the Commission representatives involved and present.

The meeting then ended.

Brussels, 30 August 2016

Ms Alice Bossière Mr Jan Stadler

Own-initiative inquiries Officer Legal Officer Case handler Case handler

 

[1] Article 14(2) of the European Ombudsman's Implementing Provisions.