The European Ombudsman, P. Nikiforos Diamandouros, has criticised the European Parliament for failing to control smoking in its buildings. According to the Ombudsman, Parliament has "failed to take adequate measures to promote compliance with its internal rules on smoking in its premises". This follows a complaint from an official working in the Parliament.

The complainant alleged that "eight years after the adoption of the internal rules on smoking in the European Parliament premises, Parliament's administration fails to implement and enforce the rules...." The complainant also referred to a Commission decision of 16 July 2003 on the protection of staff against the effect of tobacco smoke, adding that Parliament should follow this example. The Commission's new rules will enter into force on 1 May this year.

Parliament insisted that its administration had taken all the necessary technical and administrative measures to ensure that the rules were applied. "Some people unfortunately do not feel bound by the rules and break them, regardless of the efforts made by the administration," it said. "It is up to each individual to act responsibly and make it possible for smokers and non-smokers to live together." It added that it was not applying rules that were radically different from those laid down by the Commission.

The Ombudsman pointed out that, in view of the possible adverse health effects of exposure to smoke, Parliament should pay particular attention to the need to promote effective compliance with its internal rules on smoking. He underlined that the exposure of staff to smoke in the workplace raises potential issues of legal liability. He did not consider the view that it is up to each individual to act responsibly as an adequate response to the problems of non-compliance.

The Ombudsman's decision can be found on his website, at the following address:

 

For further information, please call Olivier Verheecke, Principal Legal Advisor, tel. +32 477 361 381.