"The European Ombudsman, P. Nikiforos Diamandouros, has urged the European Commission to set up a comprehensive register of the documents it produces or receives. This follows a complaint from the British NGO, Statewatch, about the Commission's failure to register the vast majority of its documents. According to the Commission, the establishment of a comprehensive register is impossible at this point in time, mainly because of the use of incompatible registers in its different departments. The Ombudsman was unconvinced. He considered the Commission's failure to comply with the legal obligation to establish such a register to constitute maladministration."
On 14 January 2009 the European Parliament adopted a strong Resolution: Resolution on public access to European Parliament, Council and Commission documents (implementation of Regulation (EC) No 1049/2001): Rapporteur: Marco Cappato (pdf):
"Urges the Commission to follow the recommendation of the European Ombudsman (Complaint 3208/2006/GG) on the Commission register as regards its obligation to "include references to all documents within the meaning of Article 3(a) that are in its possession in the register foreseen by Article 11 of [Regulation (EC) No 1049/2001], to the extent that this has not yet been done"
More than two years ago Statewatch lodged a complaint with the European Ombudsman against the European Commission for its failure to maintain a proper register of documents, produced and received, under Article 11 of the Regulation on public access to EU documents (1049/2001).
Statewatch said that under the Regulation all "documents" as defined in Article 3.a. had to be listed on the Commission's public register of documents (Article 11) "without delay" and that they had failed to do since June 2002 (when the register became mandatory under Article 11). And further that its failure to comply meant that only a "fraction" of the documents covered were listed on the register.
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