Oubudsman criticises Commission for refusal of access to documents

In early March, the European Ombudsman, P. Nikiforos Diamandouros, criticised the European Commission for failing to honour its duty under the Treaty of the European Union to cooperate with him sincerely and in good faith. The case concerns access to documents on CO2 emissions from cars. The Ombudsman sent a report to the European Parliament, detailing his complaint. This is the first time since the institution’s inception in 1995 that the Ombudsman has felt constrained to report to the European Parliament about lack of cooperation on the part of an EU institution.

Car manufacturer Porsche sent the letters to former Commission Vice-President Guenter Verheugen during an EU consultation in 2006 about proposals to reduce CO2 emissions from cars. 15 months elapsed since the Ombudsman first called on the Commission to release the letters’ contents. In March 2007, Friends of the Earth Europe requested access to these letters. The Commission originally refused access, arguing that their disclosure would undermine the protection of the company’s commercial interests.

Following an inspection, the Ombudsman recommended giving access to the letters. The Commission asked for six extensions to the three-month deadline before finally accepting the recommendation. Although the Commission informed the Ombudsman that it had decided to write to Porsche about the disclosure of these documents, it has not yet done so.

Mr. Diamandouros said in a statement: "The Commission’s uncooperative attitude in this case is detrimental to the public image of the EU. It risks eroding citizens’ trust in that institution and undermines the capacity of the Ombudsman and the Parliament adequately and effectively to supervise the Commission. As such, it runs counter to the fundamental principle of the rule of law on which the Union is founded."

Porsche did finally make the letters available, but what was made public had large chunks of text blanked out. The remaining text contains little information.

Paul de Clerk, of Friends of the Earth said in a statement to EUobserver: "They were all doing this, so this couldn’t be the reason why the Commission has refused to release the letters. But what is contained in the parts that have been blanked out?"

The Ombudsman is to investigate into the reasons for censoring the letters and then decide whether to pursue the matter further.

For more information

The Ombudsman’s Special Report

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