From a statement by the President FACE. In May, many national and European politicians expressed serious concerns about the management by the European Commission (DG Environment) of the process of banning the use of lead shot in wetlands, restriction under the REACH regulation on the use of chemicals. It was claimed that the Nature Protection Unit within DG Environment violated the rules by encouraging national representatives gathered in the expert group NADEG to actively engage in securing a positive vote on a legal proposal (lead ammunition in wetlands) that was the exclusive responsibility of another committee as required under the REACH regulation.
It was a serious maladministration complaint that affected millions of citizens within the European Union. More importantly, a complaint that concerned a union of Member States and institutions based on solid principles of democracy, transparency and rules of law. In those days I met Virginijus Sinkevi? Ius, the Commissioner for the Environment, Oceans and Fisheries and I raised the concerns of the Community of European hunters citizens. Many members of the European Parliament have also expressed concern, but the Commission has denied any misconduct. However, following a complaint to the European Ombudsman, the result, just published, is clear:
"... the Ombudsman considers that the request of the Commission has gone above and beyond what should be promoted for its legitimate interest when it explicitly asked NADEG members to contact their national authorities to ask for a positive vote on the draft Commission regulation. According to the rules governing expert groups, the role of these groups is to provide advice and expertise to the Commission. Their role cannot officially extend to influence a vote within the activity of a committee".
The Ombudsman also established that "an expert group is not the appropriate forum to submit a request like the one the Commission made to NADEG members - adding that - the Commission's request to NADEG members it was not appropriate in this case ".
As President of FACE, my view on this is clear: EU democracy has failed for millions of European citizens. The Commission has acted in breach of procedural rules and good practice on a subject that will affect millions of citizens. Members of the European Parliament have reacted, but they need to be much stronger in the future when such serious allegations of maladministration are made. Europe has received a clear answer to these statements. I am confident that fundamental lessons will be drawn and that there will be significant consequences following this significant verdict of the Ombudsman. FACE works closely with the Nature Protection Unit, which is responsible for the implementation of the EU nature directives.