The European Commission gives the impression that von der Leyen has something to hide about her texting with the CEO of Pfizer.
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The European Ombudsman, Emily O’Reilly, has been highly critical of the Commission’s response to a journalist’s request to access text messages between President Ursula von der Leyen and Pfizer CEO Albert Bourla about the purchase of corona vaccines.
The Commission replied to the journalist that such messages were not kept. But research by the ombudswoman shows that von der Leyen’s cabinet was never explicitly asked to verify whether text messages existed. Mismanagement, O’Reilly calls it: ‘The Commission only asked the cabinet to look for documents that meet the Commission’s internal criteria for registration – text messages are not included for the time being.’
The latter is not correct in 2022, according to O’Reilly: ‘What counts is the content of the document. If text messages are about European policies and decisions, they should be treated as documents.’ She recommends that the Commission investigate more closely whether text messages exist.
‘Substantial contribution to policy’
The Commission’s spokesman declined to ask for additional explanations this afternoon as it is O’Reilly’s time to get answers to her comments. He did recognize that documents that make a substantial contribution to European policy should in principle be registered, whether they are paper or digital documents. ‘But that doesn’t mean that every text message or Whatsapp should be saved.’
MEPs are also critical. According to Sophie in ‘t Veld (D66), the Commission is increasingly trying to circumvent the transparency rules. But Parliament cannot force the Commission to be transparent. Kathleen Van Brempt (Vooruit) wants to try a different route: the special committee that will evaluate the approach to the pandemic in the EU. “We know that personal diplomacy between the Commission and the pharmaceutical industry played an important role in purchasing the vaccines. It is an open secret that behind the scenes Pfizer is exerting heavy pressure on the Commission not to make concessions to developing countries over the patents in the World Trade Organization. We need to know what von der Leyen promised Bourla.’ Whether that will be successful will depend on the definition of the mandate of the special committee.
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