4. 5. %4 Official Journal of the European Communities No L 113/1§ (Acts whose publication is not leigatb@) EUROPEAN PARLIAMENT DECISION OF THE EUROPEAN PARLIAMENT of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (94/262/ECSC, EC, Euratom) THE EUROPEAN PARLIAMENT, Having regard to the Treaties establishing the European Communities, and in particular Article 138e (4) of the Treaty establishing the European Community Article 20d (4) of the Treaty establishing the European Community, Article 107d (4) of the Treaty establishing the European Atomic Energy Community, Having regard to the opinion of the Commission, Having regard to the Council’s approval, Whereas the regulations and general conditions governing the performance of the Ombudsman’s duties should be laid down, in compliance with the provisions of the Trea- ties establishing the European Communities ; Whereas the conditions under which a complaint may be referred to the Ombudsman should be established as well as the relationship between the performance of the duties of Ombudsman and legal or administrative proceedings ; Whereas the Ombudsman, who may also act on his own initiative, must have access to all the elements required for the performance of his duties; whereas to that end Community institutions and bodies are obliged to supply the Ombudsman, at his request, with any information which he requests of them, unless there are duly substan- tial grounds for secrecy, and without prejudice to the ombudsman’s obligation not to divulge such information ; whereas the Member States’ authorities are obliged to provide the Ombudsman with all necessary information save where such information is covered by laws or regula- tions on secrecy or by provisions preventing its being communicated ; whereas if the Ombudsman finds that the assistance requested is not forthcoming, he shall inform the European Parliament, which shall make appropriate representtions ; Whereas it is necessary to lay down the procedures to be followed where the Ombudsman’s enquiries reveal cases of maladministration ; whereas provision should also be tnade for the submission of a comprehensive report by the Ombudsman to the European Parliament at the end of each annual session; Whereas the Ombudsman and his staff are obliged to treat in confidence any information which they have acquired in the course of their duties; whereas the Ombudsman is, however, obliged to inform the compe- tent authorities of facts which he considers might relate to criminal law and which have come to this attention in the course of his enquiries; Whereas provision should be made for the possibility of cooperation between the Ombudsman and authorities of the same type in certain Member States, in compliance with the national laws applicable ; Whereas it is for the European Parliament to appoint the Ombudsman at the beginning of its mandate and for the duration thereof, choosing him from among persons who are Union citizens and offer every requisite guarantee of independence and competence ; Whereas conditions should be laid down for the cessation of the Ombudsman’s duties ;