WRITTEN QUESTION E-1813/97 by Freddy Blak (PSE) to the Council (29 May 1997)

Subject: Ombudsman

The Guardian of 24 March 1997 reported that the Council of Ministers had decided that the European Ombudsman should not deal with matters coming under the third pillar.

Is it true that the Ombudsman's remit has been restricted in this way and, if so, what was the legal basis for the Council's decision?

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. )).