Right to Complain – Brussels30 November 2006 Right to complain Complaint mechanisms at the European Investment Bank 30 November 2006

30 November 2006Right to Complain – Brussels The EIB The European Union’s financing institution Created by the Treaty of Rome in 1958, to provide long-term finance for projects promoting European integration Subscribed capital: EUR bn EIB shareholders: 25 Member States of the European Union Total assets: EUR 312 bn (EUR 269 in 2004) Lending in 2005: EUR 47 bn (EUR 43 bn in 2004) of which within the EU: EUR 42 bn (EUR 40 bn in 2004) Borrowing in 2005: EUR 50 bn, through 330 bond issues in 15 currencies (EUR 50 bn in 2004)

30 November 2006Right to Complain – Brussels EIB Lending 2005 Key lending figures in EUR (per operational priority)  Economic and social cohesion in the enlarged EU34 bn  Innovative and knowledge-based European economy10.7 bn  Environmental protection12.3 bn of which outside the EU bn  Trans-European Networks8.2 bn  Small and medium-sized enterprises in the EU4.23 bn  Support for EU development and cooperation policies3.6 bn

30 November 2006Right to Complain – Brussels EIB Lending  Promoting EU policies  According to operational priorities  Consistent and comprehensive project assessment including environmental screening  Identification of added value

30 November 2006Right to Complain – Brussels EIB in the European Union  A dual nature: An Institution of the Union and a Bank  Enjoying own legal personality and financial autonomy within the Community system  But operating within the EU Institutional and legal framework

30 November 2006Right to Complain – Brussels EIB in the European Union Working within an institutional setup: Council Parliament Commission Court of Justice Court of Auditors European Ombudsman OLAF

30 November 2006Right to Complain – Brussels The EIB control structure Court of Auditors OLAF European Ombudsman European Council European Commission European Parliament External auditors Board of Governors Board of Directors Management Committee Audit Committee General Secretariat & Legal Affairs Directorate Lending Operations In Europe General Administration & Management Control Directorate Lending Operations Outside Europe Office of The Chief Compliance Officer Information Technology Finance Directorate Human resources Risk Management Directorate Projects Directorate Legal Service Inspectorate General

30 November 2006Right to Complain – Brussels Accountability  Audit Committee True and fair view of financial position Verify conduct of operations  Financial Accountability Management Controller Financial Controller External Audit Risk Management  Inspectorate General Internal Audit Operations Evaluation Fraud Investigation  Compliance Office Integrity Policy Fighting Money Laundering

30 November 2006Right to Complain – Brussels Complaints mechanisms  Fraud and Corruption Inspectorate general – Fraud Investigations Unit OLAF  Maladministration Secretary General (internal) European Ombudsman (independent recourse) Inspector General (independent recourse)  Legal Court of Justice

30 November 2006Right to Complain – Brussels Complaints Office  Complaints mechanism Complaints Office Terms of Reference Centralised handling and register Investigation procedure Proactive approach Internal and external reporting  New Complaints Policy - to be published

30 November 2006Right to Complain – Brussels Complaints Office Treatment of complaints  Review Gather and review existing information Investigate Ensure coordination of different services involved Contact the complainant if necessary Coordination with other Institutions if necessary Ensure that imposed and-or agreed delays and notices are respected  Problem-solving Fact-finding, mediation, conciliation, dialogue facilitation Find and communicate appropriate solutions Propose improvements to existing procedures

30 November 2006Right to Complain – Brussels Complaints Office The subject of complaints may be: access to information handling of external requests project procurement environmental impacts suppliers’ contract management job applications other

30 November 2006Right to Complain – Brussels Independent Recourse Mechanisms The European Ombudsman  Maladministration occurs when a public body fails to act in accordance with a rule or principle, which is binding upon it.  Available for EU citizens, any natural or legal person residing or having its registered office in a EU Member State.  Possibility of own initiative inquiries  He may: Propose a friendly solution Issue a draft recommendation Address a critical remark Address a special report to the European Parliament

30 November 2006Right to Complain – Brussels Independent Recourse Mechanisms The EIB Inspectorate General  Only if complaint not accepted by the European Ombudsman on the sole basis of its non-EU origin  Independent reporting line to the EIB Audit Committee  Use of external consultancy for investigation if necessary  Mutatis mutandi the Terms of reference of the European Ombudsman will be used

30 November 2006Right to Complain – Brussels Statistics on Complaints European Ombudsman CSO’s Corporate Individuals TOTAL Secretary General CSO’s Corporate Individuals TOTAL511 Complaints received

30 November 2006Right to Complain – Brussels Statistics on Complaints Environment28 Procurement3 Projects11 Access to Information21 HR31 Corruption1 Complaints received

30 November 2006Right to Complain – Brussels Statistics on Complaints Recommendations issued2-2 Critical remarks-11 No maladministration2113 No case1-1 Case dropped by the complainant1-1 Case closed pending legal proceedings--1 Open5 TOTAL6224 Conclusion byClosed in Closed inTotal issued the Ombudsman (since 1998)

30 November 2006Right to Complain – Brussels Statistics on Complaints Extracted from The European Ombudsman Annual Report 2005