Dear Ms X,

On 28 October 2019, you submitted a complaint to the European Ombudsman against the European Commission for failing to take steps to prevent discrimination against disabled individuals in a project co-funded by the Cohesion Fund to upgrade road infrastructure in Nicosia, Cyprus. The Ombudsman has asked me to deal with your complaint and reply to you on her behalf.

In your complaint to the Ombudsman, you argue that the project in Aglantzia did not meet the requirements of accessibility for persons with disabilities. Specifically, you point out that various parts of the newly constructed pavement were not wide enough for disabled access. You further state that the Commission had evidence of this, and by failing to take action, violated Article 7 of Regulation (EU) No 1303/2013.

I wish to emphasise that the issue of discrimination against persons with disabilities is very important to the Ombudsman, see for instance the Ombudsman’s decision in case 417/2018/JN^[1]. Moreover, the Ombudsman is currently investigating how the European Commission ensures that the European Structural Investment Funds (of which the Cohesion Fund is part) are spent by the Member States in line with obligations stemming from the United Nations Convention on the Rights of Persons with Disabilities, and thus compliance with the provision above.^[2]

After carefully analysing your complaint and the information you have submitted to us, I am sorry to have to inform you that the Ombudsman finds that the Commission’s handling of this matter does not amount to maladministration.

The Commission took action on your concerns, it was in contact with the national authorities, and it provided you with an appropriate and reasonable explanation on the matter raised. The responsibility for project implementation lies with the national authorities in each Member State. Should there be any failure in this respect by national authorities, it does not necessarily mean that the Commission is at fault. In this case, it was the responsibility of the Public Works Department in Cyprus to take measures to improve accessibility for disabled persons. The Commission also explained to you that at the time of correspondence, partial relocation of street lighting columns was identified as the solution to rectify any restrictions in mobility. The Ombudsman is therefore satisfied that the Commission acted accordingly with its responsibilities.

As regards the fact that the Commission did not act in a timely manner, it is indeed regrettable that it took over 8 months to reply to your letter. However, during this time, Commission officials attended the Monitoring Committee meeting in Cyprus. Given that the Commission did eventually provide a detailed response to your letter, the Ombudsman considers that no further inquiries into this aspect of the complaint are justified.

Finally, you mention that you have not received any further information from the Commission on the issue you raised. As the Commission communicated to you, it did not intend to give any further follow-up on this matter and was therefore not required to keep you updated on this issue.

For these reasons, the Ombudsman closes the case.

I realise that you may be disappointed, but I hope that the above explanations are nevertheless helpful.

Yours sincerely,

 

Peter Dyrberg

Administrator advising the Secretary General on inquiry matters

Strasbourg, 05/02/2020

 

[1] https://www.ombudsman.europa.eu/en/decision/en/119185

[2] https://www.ombudsman.europa.eu/en/opening-summary/en/118692.