Director EISMEA

 

Dear Mr X,

I have received a complaint against the European Innovation Council and SMEs Executive Agency (EISMEA). The complainant is a company established in Poland that submitted a proposal under the Horizon Europe EIC Accelerator programme (with the cut-off date on 8 November 2023) but did not succeed in receiving funding from this programme.

The complainant is concerned, among other things, that experts evaluating its proposal used third-party artificial intelligence (AI) systems to prepare their reviews. While the EISMEA has already examined this concern and established that some evaluators used AI systems to edit their reviews and research some background information, the complainant believes that this might have had an impact on the fairness of the evaluation process. Moreover, the complainant argues that, by uploading information coming from its proposal to a third-party AI system, the experts might have disclosed the complainant’s confidential business information and thus undermine its business and innovation strategy. Therefore, the complainant requests compensation for damages. In addition, the complainant believes that clearer rules should be introduced governing the use of AI systems by the evaluators and the transparency of this use towards the authors of proposals.

Based on the information provided in the complaint, I have not found sufficient grounds to open an inquiry into the substantive evaluation of the complainant’s proposal and the complainant’s concerns regarding disclosure of confidential business information and the related claim for compensation. I consider that the EISMEA has explained to the complainant in a clear and reasonable manner how its proposal was evaluated. It has also indicated that the complainant may resubmit an improved proposal within an ongoing call, and that proposals such as the one submitted by the complainant should generally not contain any confidential information without clear indication of their restricted use.

However, I have decided to open an inquiry into the systemic aspect of the complaint concerning the rules governing the use of AI systems by expert evaluators of the proposals submitted in the context of EU programmes implemented by the EISMEA and the transparency of this use towards the authors of proposals.

Since it is the European Commission that has adopted some of the relevant rules, I have decided to open an inquiry into this aspect of the complaint against both EISMEA and the Commission. It would therefore be useful if EISMEA liaised with the Commission on this complaint.

I have concluded that, as a first step, it is necessary for my inquiry team to meet with the relevant representatives of the EISMEA and the European Commission to get answers to specific questions as set out in the Annex to this letter. I would be grateful if your office could contact Mr Michał Krajewski, who is in charge of this inquiry, to agree the arrangements for the meeting to take place before 20 March 2026.

I have also decided that it is necessary for my inquiry team to inspect, preferably in an electronic format,[1] the exchanges between the EISMEA and the experts involved in the evaluation of the proposal at issue regarding the use of AI in preparing the experts’ reviews, as well as any other internal documentation regarding the handling of the complainant’s concerns at issue. I would be grateful to receive these documents by 18 February 2026.

Information or documents that the EISMEA considers to be confidential will not be disclosed to the complainant or any other person without the prior agreement of the EISMEA.[2]

Yours sincerely,

Teresa Anjinho
European Ombudsman

Strasbourg, 04/02/2026

 

Annex - Questions for the meeting

1) How has the EISMEA (or the Commission) assessed the risks and opportunities involved in the use of third-party AI systems by the expert evaluators or external reviewers of proposals for funding submitted in the context of EU programmes implemented by the EISMEA? If there is any documentation of such an assessment, please share it with the Ombudsman inquiry team before the meeting.

2) What are the rules in place (if any) concerning the use of AI by expert evaluators or external reviewers of proposals or applications for funding submitted in the context of EU funding programmes implemented by the EISMEA? Please share these rules with the Ombudsman inquiry team before the meeting.

3) Are there any other relevant materials concerning the use of AI provided by the EISMEA (or the Commission) to expert evaluators or external reviewers? If so, please share them with the Ombudsman inquiry team before the meeting.

4) Considering the widespread use of freely available third-party AI systems (chats), does the EISMEA (or the Commission) consider addressing the use of AI by expert evaluators or external reviewers explicitly in their contracts?

5) Are there any measures currently in place requiring expert evaluators or external reviewers to disclose to the EISMEA (or the Commission) the use of AI in preparing the reviews of proposals or applications for funding (such as questionnaires)? If so, please share them with the Ombudsman inquiry team before the meeting.

6) Does the EISMEA examine the use of AI by expert evaluators or external reviewers on its own initiative or only in case of complaints?

7) Has the EISMEA received other complaints regarding the use of AI by its expert evaluators or external reviewers and, if so, how has it dealt with them and what have the outcomes been? If so, please share the relevant documents with the Ombudsman inquiry team before the meeting.

 

[1] 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.

[2] Please clearly mark such documents or information as ‘confidential’. Information and documents of this kind will be deleted from the European Ombudsman’s files shortly after the inquiry has ended.