Information gathering actions during inquiries
Article 4
1. When the Ombudsman finds grounds to open an inquiry, the Ombudsman shall identify the allegations made by the complainant that fall within the scope of the inquiry. 2. The Ombudsman may ask the institution concerned to provide a reply in relation to those allegations. The Ombudsman may also ask the institution concerned to set out in its reply its views on specific aspects of the allegations and on specific issues arising from or related to the complaint. 3. At the Ombudsman’s request, institutions shall provide the Ombudsman with information , including documents, for the purposes of an inquiry, in accordance with Article 5 of the Statute. The Ombudsman inquiry team may examine the information and inspect documents, either at the premises of the institution concerned or by electronic means. EU classified information shall be provided at the premises of the institution concerned, unless otherwise agreed with the Ombudsman. 4. The institution’s replies on the matters referred to in paragraphs 2 and 3 shall be made within the timeframe specified by the Ombudsman, which shall normally not exceed three months. The precise timeframe for providing a reply shall be reasonable, taking into account the complexity and urgency of the inquiry. If the Ombudsman considers that the inquiry is of public interest, the timeframe for responding shall be as short as is reasonably possible. If the institution concerned is not in a position to provide a reply within the set timeframe, it shall make a reasoned request for an extension. 5. The Ombudsman may ask the institution concerned to organise a meeting with the Ombudsman inquiry team in order to clarify issues falling within the scope of the inquiry. 6. The Ombudsman may hear officials or other servants of an institution in accordance with Article 7 of the Statute. 7. The Ombudsman may, for the purposes of carrying out an inquiry, request a Member State, through its Permanent Representation, to provide information or documents relating to the alleged maladministration by an institution, in accordance with the rules laid down in the Statute. 8. When an institution or a Member State provides information or documents to the Ombudsman pursuant to paragraph 2, 3, 5 or 7, it shall clearly identify EU classified information or any other information it considers to be confidential. The Ombudsman shall not disclose any such information, either to the complainant or to the public, without the prior written consent of the institution or the competent authority of the Member State concerned. The Ombudsman shall treat EU classified information in accordance with the rules laid down in the Statute and in the Ombudsman’s decision on security rules and procedures for access to EU classified information. 9. At the Ombudsman’s request, institutions shall provide their replies in the language of the complaint. If necessary, the Ombudsman may request the institutions to provide copies of relevant documents in the language of the complaint. In making such a request, the Ombudsman shall act proportionately to the needs of the complainant and reasonably with regard to the resources of the institutions. 10. The Ombudsman shall retain possession of documents or information obtained from an institution or a Member State during an inquiry and identified, by that institution or Member State, as confidential, including EU classified information, only for so long as the inquiry is ongoing and the period of time for dealing with any request for review made pursuant to Article 9(3) has not expired. Such documents or information shall be destroyed after the inquiry is closed and the period of time for dealing with any request for review has expired. The Ombudsman may request an institution or a Member State to retain such documents or information for a period of at least five years, following a notification to them that the Ombudsman no longer retains the documents or information. 11. If an institution or a Member State does not provide the Ombudsman with the assistance described in paragraphs 2, 3, 5 and 7, the Ombudsman shall remind the institution or Member State concerned why that assistance is necessary. If, after discussion with the institution or Member State concerned, the matter cannot be resolved to the satisfaction of the Ombudsman, the Ombudsman may inform the European Parliament, which shall act accordingly. 12. The Ombudsman may, for the purposes of carrying out an inquiry, ask the complainant or any third party to provide the Ombudsman with information or documents, or to clarify information or documents already provided. Where appropriate, the Ombudsman may seek the complainant’s views on the institution’s position, without prejudice to Article 5(8) of the Statute. The Ombudsman may also request a meeting with the complainant in order to clarify issues falling within the scope of the inquiry. The Ombudsman may close an inquiry where the complainant has failed to provide any requested information that is necessary to complete the inquiry. 13. The Ombudsman may commission studies or expert reports that are considered relevant for the exercise of the Ombudsman’s mandate, including in cases mentioned in Article 2(6) of the Statute.