Commission will review the Early Warning System in 2013

The European Commission's announcement that it will review its "Early Warning System" (EWS) has been welcomed by the European Ombudsman, P. Nikiforos Diamandouros. The review covers changes aimed at ensuring that the operation of the EWS respects fundamental rights, such as the right to be heard.

Following a European Ombudsman's inquiry and subsequent public consultation launched in January 2012 about the European Commission's "Early Warning System" (EWS), this will be reviewed. The EWS consists of a database containing the names of persons or companies deemed to pose a threat to the financial interests of the European Union. The European Ombudsman, P. Nikiforos Diamandouros, has welcomed the Commission's decision and highlighted that the Commission has to ensure that the operation of the EWS complies with the Charter of Fundamental Rights of the European Union, which is binding on all EU institutions.

The review covers changes aimed at ensuring that the operation of the EWS respects fundamental rights, such as the right to be heard. The EWS allows EU officials to check, among others, whether participants in an EU call for tenders are suspected of fraud. The EU administration may block or suspend contracts or payments, if the person or company concerned is listed on the EWS. The Ombudsman received several complaints about the operation of the EWS. Participants criticised the fact that individuals and companies are not systematically informed about their inclusion on the EWS. They also pointed out that is unclear how a person or company included on the EWS can lodge an appeal.

In its reply to the Ombudsman's recommendation, the Commission announced that it intends to revise the EWS in 2013. It promised to take into account both the Ombudsman's findings, as well as the outcome of an ongoing court case about the EWS ("the Planet case").