How to get information from the EIB
This paper is giving basic suggestions how to apply for the EIB information, and how to appeal in the case of refusal. It will be evolving document, as NGOs will get experiences with the 2002 information policy.
Introduction
In the October 2002 the EIB adopted new Information Policy. The document is lacking clear list of documents that have to be publicly released. On the other hand it is giving opportunity to appeal the refusals to the body independent of EIB - European Ombudsman.
The policy is designed in the way, that citizens and NGOs have to test availability of various documents produced by the EIB and create set of precedents that will be serve as to others who will apply for similar information.
There are 3 possible steps for the getting information from EIB
- Request for information
- Appeal in the case information is not provided
- Appeal to the European Ombudsman if the EIB refuse to release the information (this step could be open only to EU citizens, but it need to be tested by non-EU citizens as well).
Step 1: Request for information at EIB
Who can ask for information?
Any citizen of the Union or person or NGOs in the countries where the EIB conducts its activities can ask for the information. You do not need to state reasons for the application. If any application is not sufficiently precise or it is not clear which document you asking for the EIB staff shall ask the applicant to clarify the application.
Where to ask for information
General Secretariat
Information and Communications Department
European Investment Bank
L-2950 Luxembourg
or to:
infopol@eib.org или infopol@bei.org.
You can ask for information in any official language of EU - and staff should reply in the same language.
You can also ask orally for the information, but the staff may ask you to formulate it in writing.
When and how should the EIB Staff Response?
Within to weeks you should get acknowledgment of receiving the request for information or - in cases when it is possible - substantive reply to your request. The acknowledgement of receipt shall indicate the name of the department and member of staff in charge of the matter.
The EIB staff should reply to your request within "acceptable period, without delay" but at latest within two months. If it is not possible, because of "complexity of the issues raised", you should be informed about the delay.
The documents should be provided in electronic form (where available) or as a copy. You can be be charged a fee to cover the costs arising from the making available of documents requested.
Refusal of Information
The refusal for the information should give the reasons why such information cannot be provided.
Step 2: Appeal to the EIB
If you were refused to be provided with the information you asked for, or you request was ignored and you believe that according the policy you should get this information you can send written complaint to Secretary General of the Bank.
Secretary General of the EIB
European Investment Bank
L-2950 Luxembourg
Fax: +352 43 79 31 89
The complaint should be sent within two months of the date of the correspondence, about the information that you have requested (mean 2 months from the refusal of information or 2 months since there was no response to your request.
Again within 2 weeks you should receive acknowledgment of receiving of complaint and at latest within 2 months you should get written response.
Step 3: Appeal to European Ombudsman
According the Rules of European Ombudsman only a citizen of a Member State of the Union or living in a Member State can make a complaint to the European Ombudsman. Businesses, associations or other bodies with a registered office in the Union may also complain to the Ombudsman.
On the other hand the EIB policy gives a right to get information also to the Citizens of the country of EIB operation. Therefore it is necessary to test, whether the Ombudsman will accept the appeals also from non-EU citizens. Even the refusal of accepting the appeal could be useful in for the request for revisions of the policy, or for the raising of the issue of discrimination against of non-EU citizens in the court.
How to Appeal?
Write to the Ombudsman in any of the 11 official languages of the Union, setting out clearly who you are, and the grounds for your complaint.
A complaint must be made within two years of the date when you got to know the facts on which your complaint is based.
You must already have contacted the EIB and appeal to the Secretary General in case of refusal
The Ombudsman does not deal with matters that are currently before a court or that have already been settled by a court.
A complaint can be made by writing a simple letter to the European Ombudsman or by using the form enclosed.
How the Appeal should look like?
From: (name)
On behalf of:
Address:
Tel/Fax:
2. Against which Community institution or body do you wish to complain?
The European Investment Bank
3. What is the decision or matter about which you complain? When did it come to your attention?
Add annexes if necessary.
What documents you asked and was refused to be provided to you
4. What result do you hope to achieve with your complaint? What are your claims?
Release of above mentioned documents
5. Have you already contacted the Community institution or body concerned in order to obtain redress?
Answer yes, provide description of your request including dates, and enclose copies your requests for information and EIB response.
6. If the complaint concerns work relationships with the Community institutions and bodies: have you used all the possibilities for internal administrative requests and complaints, in particular the procedures referred to in Article 90(1) and (2) in the Staff regulations ? If so, have the time limits for replies by the Institutions already expired?
In case that the EIB will ignore your requests, you need to provide evidence when and how you asked for information.
7. Has the object of your complaint already been settled by a court or is it pending before a court?
Answer should be no - if you use the court against the EIB then Ombudsman cannot take any decision. But it does mean that you cannot appeal to Ombudsman if you have court case against other bodies involved the same case (eg. National Government, or Project Sponsor)
8. Do you agree that your complaint may be passed on to another authority (European or national)
if the European Ombudsman decides that he is not entitled to deal with it?
Yes.
Date and signature:
You can find those questions in the
PDF format at:
http://www.euro-ombudsman.eu.int/form/en/form.htm
Or in the html format:
http://www.euro-ombudsman.eu.int/form/en/form2.htm
How to contact the European Ombudsman?
Which documents has been released so far?
Documents automatically available on the www site
EIB Statute - sets out the legal, financial and administrative framework for the Bank's activities.
EIB Group Financial Report - EIB's statutory and reference publication, including its financial statement, governance, and a summary of EIB and EIF activities.
Projects financed and statistics - annual publication, issued together with the EIB Group's Financial Report; includes lists of all loan contracts signed and funds raised in the reference year, as well as statistical analyses covering the preceding five years.
EIB Group Activity Report - annual publication, issued together with the Group's Financial Report and highlighting the Group's key activities in the previous financial year, both within and outside the European Union.
EIB Information - bulletin published at least three times a year featuring topical articles on EIB activity.
Strategy and Policy papers
Code of Good Administrative Behaviour for Staff of the European Investment Bank in its Relations with the Public
Thematic brochures - deal with more specific specialised areas of EIB activity.
Country fact sheets - describe EIB financing facilities available and a summary of lending activity in different countries and regions.
Technical studies - drafted by the Projects Directorate.
Ex-post evaluations - by the Operations Evaluation Department, which carries out independent ex-post thematic, sector and regional/country evaluations of EIB's financing operations.
Economic and Financial Series - include the six-monthly "EIB Papers", present the results of research carried out by EIB economists, with contributions from external academics and other specialists.
Documents that were released as result of requests for information (precedents)
This section should be updated
Relevant Links
EIB Rules on Public Access to Documents:
http://www.eib.org/Attachments/strategies/pai_rules_en.pdf
EIB Information Policy Statement:
http://www.eib.org/Attachments/strategies/pai_ips_en.pdf
Code of good administrative behaviour for the staff of the EIB in its relations with the public:
http://www.eib.org/Attachments/general/code_en.pdf
European Ombudsman:
http://www.euro-ombudsman.eu.int
Citizens guide to European Ombudsman:
http://www.euro-ombudsman.eu.int/guide/en/default.htm
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