The European Ombudsman, Emily O'Really, found, in a decision taken on Wednesday 29 April, that “the EU Council’s systematic marking of documents related to the adoption process of the annual Total Allowable Catches (TAC) Regulations for 2018 and 2019 as 'LIMITE' [’LIMITED’] constituted maladministration”.
Emily O'Reilly therefore confirmed her earlier conclusions and expressed her dissatisfaction with the EU Council's replies regarding the lack of transparency in the process of setting TACs and fisheries quotas (see EUROPE 12359/10).
The European Ombudsman is of the opinion that the EU Council “should proactively make public documents related to the adoption of the TAC Regulation at the time they are circulated to Member States or as soon as possible thereafter”.
In its reply, the EU Council reiterated its position that releasing documents, such as the ‘bible’ (country positions on Commission proposals on TACs and quotas), before the final TAC Regulation is adopted, “would undermine the ongoing decision-making process”.
ClientEarth, the originator of the complaint, welcomed the fact that the Ombudsman “is taking a stance against the EU Council’s lack of transparency as we have been calling for an end to this culture of secrecy for many years”. But we regret that the Council of the EU still refuses to open its decision-making to public scrutiny. “Every year, some Member States push for fishing catch limits above scientific advice, undermining the sustainability of our ocean “, noted ClientEarth.
A link to the European Ombudsman's decision can be found here: https://bit.ly/3cY18y7 (Original version in French by Lionel Changeur)