President European Commission

 

 

Dear President,

I would like to thank you for the Commission’s reply in the context of the strategic initiative SI/5/2023/MHZ concerning the EU-Tunisia Memorandum of Understanding (MoU). While the reply addressed some of the questions raised in my letter, I believe it is necessary to seek further clarification on these essential matters for the EU’s compliance with its human rights obligations. To this end, I have decided to explore the matter further by means of an own-initiative inquiry (OI/2/2024/MHZ) and close the strategic initiative SI/5/2023/MHZ.

I have decided that it is necessary to inspect documents held by the Commission in relation to the MoU, and to meet with the relevant representatives of the Commission to explore the issues raised in the questions set out in the annex to this letter.

I would be grateful if your office could contact Marta Hirsch-Ziembinska, Principal adviser on Charter compliance, who is in charge of this inquiry, to agree the arrangements for the meeting and the inspection, which should take place before 15 May 2024.

Information or documents that your institution considers to be confidential will not be disclosed without the prior agreement of the Commission[1]

Yours sincerely,

Emily O'Reilly

European Ombudsman

Strasbourg, 12/04/2024

 

Annex

Main questions for the meeting and documents for inspection

a) In its reply to the Ombudsman’s question concerning the prior human rights impact assessment for the MoU, the Commission referred to: (i) 2023 country-specific human rights reports included in the ‘EU Annual Report on Human Rights and Democracy in the World’, and (ii) cooperation instruments and actions provided for in the EU-Tunisia Association Agreement.

Could the Commission explain how (i) and (ii) were relevant for its assessment of human rights implications of the MoU? 

b) In its reply to the Ombudsman’s question concerning the criteria on which it would base decisions to suspend funding, the Commission referred only to a provision of the standard contribution agreement. According to this provision, the implementation of an agreement may be suspended in exceptional circumstances, such as when a relevant EU decision identifying a violation of human rights has been adopted or in urgent cases where a change of EU policy occurs.

Does the Commission have detailed criteria or implementing rules for its decisions on the suspension of funds?

c) The page on the Commission’s website concerning the Neighbourhood, Development and Internal Cooperation Instrument (NDICI)[2] does not include a repository systematically documenting NDICI projects. The page on the Commission’s website concerning the MoU with Tunisia[3] does not provide details on the practical implementation of the MoU, namely to which entities funding has already been allocated and for which projects.

Does the Commission intend to publish on its website more details about the implementation of the MoU, including the projects and project partners, as well as how the implementation is monitored?

d) The Commission said in its reply that it monitors the compliance with the human rights clause of the NDICI regulation through (i) regular reports from its partners implementing NDICI, (ii) external evaluation and verification ‘missions’ and (iii) specific results-oriented monitoring exercises.

Could the Commission provide greater information on specific results-oriented monitoring exercises it has conducted as regards Tunisia?

Prior to the meeting, could the Commission please share with the Ombudsman inquiry team the following documents:

1) All reports concerning EU-funded migration projects in Tunisia issued so far by the Commission’s implementing partners and  external evaluators, as well as reports from the Commission’s own verification ‘missions’;

2) The standard operating procedure concerning the EU-Tunisia MoU;

3) All assessments issued by the EU Delegation in Tunisia which, according to the Commission, constituted a basis for its negotiations on the MoU and will guide the implementation of all actions that follow the MoU;

4) All documents related to the monitoring system for migration-related programmes implemented in Libya, which, according to the Commission, is going to be replicated in Tunisia.

 

[1] Please clearly mark such material ‘Confidential’. Encrypted emails can be sent to our dedicated mailbox.Information and documents of this kind will be deleted from the European Ombudsman’s files shortly after the inquiry has ended.

[3] https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3887