91997E1722

WRITTEN QUESTION E-1722/97 by Ana Palacio Vallelersundi (PPE) to the Council (22 May 1997)

Subject: Public access to Council documents

According to recent press reports, the Council has sent a reply to the Ombudsman in connection with an alleged case of maladministration reported by a Mr Bunyan, a journalist, relating to the application of Decision 93/371/EEC ((OJ L 340, 31.12.1993, p. 43, as last amended by Decision 96/705 (OJ L 325, 14.12.1996, p. 19). )) on public access to Council documents. The Council apparently believes that, since the documents in question pertain purely to Title VI of the Treaty on European Union, the Ombudsman has no powers to investigate the complaint. As this is a matter of interest to the European Parliament, could the Council forward to me a copy of its reply to the Ombudsman?

Joint answer to Written Questions E-1722/97 and E-1813/97 (28 October 1997)

The sphere of competence of the European Ombudsman is laid down in Article 138e of the Treaty establishing the European Community (TEC). That Treaty is applicable to Title VI of the Treaty on European Union (TEU) insofar as Article K.8 of the TEU so provides. However, Article 138e is not cited in the list of TEC provisions made applicable to Title VI of the TEU.

The new Amsterdam Treaty lays down that the provisions referred to in Article 138e of the TEC are to apply to provisions relating to the fields referred to in Title VI of the TEU.

By letters dated 26 March and 20 June 1997 the Council sent a detailed reply to the Ombudsman concerning Mr Bunyan's complaints. The Honourable Members will receive directly a copy of the two letters sent by the Council to the Ombudsman ((The explanations of vote given by members of the Council on the matter have been released to the public. )).