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Ombudsman v Omnibus

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Stockholm (NordSIP) – Official complaints are beginning to mount up against the European Commission’s handling of the so-called Omnibus measures to cut corporate red tape.  The latest such complaint was filed with the EU Ombudsman by eight civil society organisations.  The European Ombudsman is an independent body that holds the EU’s institutions and agencies to account and promotes good administration standards.

In a letter to the Commission President prompted by the latest complaint Ombudswoman Teresa Anjinho points out that this is third instance within the last few months of civil society organisations questioning the Commission’s compliance with legal requirements and ‘Better Regulation’ guidelines for the preparation of legislative proposals.  The coalition of non-governmental organisations (NGOs) that files the latest complaint comprises ClientEarth, Anti-Slavery International, Clean Clothes Campaign, European Coalition for Corporate Justice, Friends of the Earth Europe, Global Witness, Notre Affaire à Tous and Transport & Environment.

The NGOs jointly claim that the EU Commission failed to properly assess the environmental and social impacts of amending corporate laws designed to protect EU citizens, failed to assess whether its proposal aligns with the EU’s climate-neutrality target – in breach of its obligations under the European Climate Law, and sidestepped from broad consultations to favour closed-door meetings dominated by oil and gas industry interests.  The NGOs also accuse the Commission of a lack of transparency, with the content of these industry meetings only having been revealed via leaks to the media rather than official channels.

Having decided that the complaint justified the opening of an official inquiry, the Ombudsman’s letter calls for a meeting with Commission officials, ahead of which they will have to prepare and respond to a series of questions and requests for documentary evidence.  Anjinho’s office would like to know who decided against carrying out the usual public consultation and on what basis.  Anjinho also asks for clarity on meetings held with companies and other stakeholders in February 2025, specifically who they were and how were they selected.

As part of the supporting documents relating to the Omnibus simplification proposal, the Commission referred to the need to circumvent normal procedures due to the need for swift action: “Given the importance and urgency of this initiative a derogation was granted under the Commission’s Better Regulation Guidelines.  Accordingly, no full-fledged impact assessment has been prepared […].”  Anjinho is questioning this decision and is also asking whether the requisite climate consistency assessment was made.

The EU Commission has been promoting its series of Omnibus simplification packages as a measure to boost the global competitiveness of European companies by drastically reducing their administrative burden.  Omnibus I and II streamlined rules on sustainability reporting and due diligence rules and EU investments.  The latest Omnibus III focused on simplifying the Common Agricultural Policy (CAP).  The next Omnibus package, tentatively scheduled for June 2025, will focus on defence, and will eventually be followed by an Omnibus for the Chemical Industry and a Digital package.

Civil society organisations have called into question not only the content of these packages but are also raising serious concerns over the apparent trend for the Commission to bypass public consultations and transparency obligations to fast-track these wide-ranging changes to corporate regulations.  The Ombudsman has set a 6 June 2025 deadline for the submission of the requested supporting documents ahead of a face-to-face meeting with Commission officials on 18 June.  NordSIP will report on further developments as the investigation progresses.

Image courtesy of Thio ardiansyah from Pixabay (edited)

Stockholm (NordSIP) – Official complaints are beginning to mount up against the European Commission’s handling of the so-called Omnibus measures to cut corporate red tape.  The latest such complaint was filed with the EU Ombudsman by eight civil society organisations.  The European Ombudsman is an independent body that holds the EU’s institutions and agencies to account and promotes good administration standards.

In a letter to the Commission President prompted by the latest complaint Ombudswoman Teresa Anjinho points out that this is third instance within the last few months of civil society organisations questioning the Commission’s compliance with legal requirements and ‘Better Regulation’ guidelines for the preparation of legislative proposals.  The coalition of non-governmental organisations (NGOs) that files the latest complaint comprises ClientEarth, Anti-Slavery International, Clean Clothes Campaign, European Coalition for Corporate Justice, Friends of the Earth Europe, Global Witness, Notre Affaire à Tous and Transport & Environment.

The NGOs jointly claim that the EU Commission failed to properly assess the environmental and social impacts of amending corporate laws designed to protect EU citizens, failed to assess whether its proposal aligns with the EU’s climate-neutrality target – in breach of its obligations under the European Climate Law, and sidestepped from broad consultations to favour closed-door meetings dominated by oil and gas industry interests.  The NGOs also accuse the Commission of a lack of transparency, with the content of these industry meetings only having been revealed via leaks to the media rather than official channels.

Having decided that the complaint justified the opening of an official inquiry, the Ombudsman’s letter calls for a meeting with Commission officials, ahead of which they will have to prepare and respond to a series of questions and requests for documentary evidence.  Anjinho’s office would like to know who decided against carrying out the usual public consultation and on what basis.  Anjinho also asks for clarity on meetings held with companies and other stakeholders in February 2025, specifically who they were and how were they selected.

As part of the supporting documents relating to the Omnibus simplification proposal, the Commission referred to the need to circumvent normal procedures due to the need for swift action: “Given the importance and urgency of this initiative a derogation was granted under the Commission’s Better Regulation Guidelines.  Accordingly, no full-fledged impact assessment has been prepared […].”  Anjinho is questioning this decision and is also asking whether the requisite climate consistency assessment was made.

The EU Commission has been promoting its series of Omnibus simplification packages as a measure to boost the global competitiveness of European companies by drastically reducing their administrative burden.  Omnibus I and II streamlined rules on sustainability reporting and due diligence rules and EU investments.  The latest Omnibus III focused on simplifying the Common Agricultural Policy (CAP).  The next Omnibus package, tentatively scheduled for June 2025, will focus on defence, and will eventually be followed by an Omnibus for the Chemical Industry and a Digital package.

Civil society organisations have called into question not only the content of these packages but are also raising serious concerns over the apparent trend for the Commission to bypass public consultations and transparency obligations to fast-track these wide-ranging changes to corporate regulations.  The Ombudsman has set a 6 June 2025 deadline for the submission of the requested supporting documents ahead of a face-to-face meeting with Commission officials on 18 June.  NordSIP will report on further developments as the investigation progresses.

Image courtesy of Thio ardiansyah from Pixabay (edited)

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