documents related to Commissioner Dalli's resignation

Olivier Hoedeman made this access to information request to Secretariat General (SG)

The request was refused by Secretariat General (SG).

From: Olivier Hoedeman

October 26, 2012

Dear Secretariat General (SG),

Under the right of access to documents in the EU treaties, as
developed in Regulation 1049/2001, I am requesting documents which
contain the following information:

all documents related to Commissioner Dalli's resignation over the
issues covered in the OLAF investigation, including all minutes
(and other notes) of meetings, all correspondence (including by
email), both internal and external, and any other documents held by
the Commission on these matters. Please note that this request does
not only cover documents directly related to the OLAF report, but
also the Commissions discussions more generally on the matter of
Mr. Dalli and the contacts between Silvio Zammit and the tobacco
industry, the Commission's contacts with Swedish Match and ESTOC on
this issue, etc.

As the Commission considers this case to be closed, there should be
no obstacle to releasing these documents. If the Commission
disagrees with this assessment, please indicate, per document, why
you consider this can not be released. The public interest in
releasing the documents is obvious: there is an urgent need for
clarification about what exactly has happened, including the
reasons for Dalli's resignation and the worrying scenarios of
possible manipulation by tobacco industry lobbyists, in order to
avoid further erosion of public trust in EU decision-making and
Commission processes.

Yours faithfully,

Olivier Hoedeman

Link to this

Secretariat General (SG)

October 30, 2012


Attachment image001.gif
3K Download


Dear Mr Hoedeman,

 

Thank you for your e-mail dated 26/10/2012 registered on 30/10/2012. I
hereby acknowledge receipt of your request for access to documents (ref.:
gestdem 2012-5001).

 

In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
response to your request within 15 working days (22/11/2012).

 

Yours sincerely,

 

 

Paul SIMON
European Commission - Secretariat General
Unit SG.B.5, Transparency

 

show quoted sections

Link to this

Secretariat General (SG)

November 22, 2012


Attachment ATT79035 2.jpg
1K Download

Attachment Press statement1.pdf
84K Download View as HTML

Attachment Annexe 7 Letter Barroso Dalli.pdf
100K Download View as HTML

Attachment Annexe 5 Day Swedish Match 2012 10 22.pdf
151K Download View as HTML

Attachment Annexe 4 Swedish Match Day 2012 10 12.pdf
126K Download View as HTML

Attachment Annexe 3 Swedish Match SG meeting note 2012 09 24.pdf
186K Download View as HTML

Attachment Annexe 2 Swedish Match SG 2012 09 18.pdf
82K Download View as HTML

Attachment Annexe 1 ESTOC IAB 2012 06 19.pdf
82K Download View as HTML

Attachment Hoedeman 2012 5001 final reply EN.pdf
273K Download View as HTML


Dear Mr. Hoedeman,
Please find herewith our answer to your request for access to documents
under Regulation (EC) n° 1049/2001 - ref. GESTDEM 2012-5001.
Enclosures :
Yours sincerely,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/5 - Transparence

BERL 05/330
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]
 
From: SG ACCES DOCUMENTS
Sent: Tuesday, October 30, 2012 4:33 PM
To: 'Olivier Hoedeman'
Subject: Acknowledgement of receipt - HOEDEMAN - GESTDEM 2012-5001
 
Dear Mr Hoedeman,
 
Thank you for your e-mail dated 26/10/2012 registered on 30/10/2012. I
hereby acknowledge receipt of your request for access to documents (ref.:
gestdem 2012-5001).
 
In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
response to your request within 15 working days (22/11/2012).
 
Yours sincerely,
 
 
Paul SIMON
European Commission - Secretariat General
Unit SG.B.5, Transparency
 

show quoted sections

Link to this

From: Olivier Hoedeman

November 23, 2012

Dear Secretariat General (SG),

Dear Mr. Szlaszewski,

Thank you for your reply to my request for access to documents
(GestDem No 2012/5001). I would herewith like to submit a
confirmatory application.

I would like to appeal your response on three different points:

Firstly, I had requested access to “all documents related to
Commissioner Dalli's resignation over the issues covered in the
OLAF investigation, including all minutes (and other notes) of
meetings, all correspondence (including by email), both internal
and external, and any other documents held by the Commission on
these matters.”

I would argue that the list of documents listed in your response is
not complete. I note that the emails and notes related to Swedish
Match and ESTOC that are included in your response are not directly
related to Commissioner Dalli's resignation. This means there is
only one relevant document mentioned that clearly dates from before
October 16, the day the Commission announced Mr. Dalli's
resignation (a letter from Mr. Dalli to President Barroso, 27 July
2012). Two notes for the file concerning meetings between President
Barroso and Mr. Dalli are mentioned, but these are without dates.
It would appear very likely that there are many more relevant
documents of the kind mentioned in my request, in particular from
the period before October 16th. I would therefore like to request
that you undertake another search of the Commission's files and
send me a response to fully cover the request I made.

Secondly, I would like to appeal your decision to refuse access to
the following documents:

- Two letters from Mr. Dalli to President Barroso, dated 27 July
2012 and 24 October 2012;
- The letter from President Barroso to Mr. Dalli dated 23 October
2012;
- Two notes for the file concerning meetings between President
Barroso and Mr. Dalli.

You argue that "even if they are not part of the OLAF investigation
file, they are nevertheless directly linked to it in that these
notes will be part of any follow-up actions the Commission may
decide to undertake following the OLAF investigation and the
subsequent national investigation which is currently on-going. In
these circumstances, disclosure of these documents, at this stage,
would interfere with the Commission's ability to conduct any
follow-up actions and ultimately, the Commission's capacity to
adopt final decisions in the general interest of the Union."

This argumentation is at odds with Regulation 1049/2001 for the
following reasons:
- the Commission already took action based on the OLAF
investigation (which is completed) and the case has been
transferred to the Maltese authorities; it is entirely unclear what
other follow-up actions the Commission is referring to.
- the Commission has repeatedly stated that it considers the Dalli
case to be closed after it was referred to the Maltese authorities,
there should be no obstacle to releasing these documents.
- Commissioner Dalli's resignation is clearly a finalised matter,
as he has in the meanwhile been replaced by a new Health and
Consumer Protection Commissioner, Tonio Borg.
- I would argue that the release of these documents does not
actually limit its ability to conduct follow-up actions.
- I would like to reiterate that there is an overriding public
interest in disclosure of these documents, as per Article 4(2) of
Regulation 1049/2001, which overrides the exception in the 3rd
indent of the same article “that disclosure would undermine the
protection of the purpose of inspections, investigations and
audit”. The public interest in releasing the documents is obvious:
there is an urgent need for clarification about what exactly has
happened, including the reasons for Dalli's resignation and the
worrying scenarios of possible manipulation by tobacco industry
lobbyists, in order to avoid further erosion of public trust in EU
decision-making and Commission processes.

Thirdly, I had mentioned that “this request does not only cover
documents directly related to the OLAF report, but also the
Commissions discussions more generally on the matter of Mr. Dalli
and the contacts between Silvio Zammit and the tobacco industry,
the Commission's contacts with Swedish Match and ESTOC on this
issue, etc.” This means that the OLAF report was also covered by my
request, but you make no reference to this in your response. If the
commission is of the opinion that there are reasons why Regulation
1049/2001 would not apply to the OLAF report, then I would like to
hear why.

Yours faithfully,

Olivier Hoedeman

Link to this

From: Olivier Hoedeman

November 29, 2012

Dear Madeleine Bluriot-Puebla,

thank you for the response; I just wanted to make sure that you have
seen the appeal I submitted friday 23 November via the AsktheEU website:

http://www.asktheeu.org/en/request/docum...

I have not yet received a confirmation that this has reached you, nor a
deadline for the response.

Yours sincerely,

Olivier Hoedeman

show quoted sections

--
Olivier Hoedeman
Research and Campaigns Coordinator
Corporate Europe Observatory (CEO)
Rue d'Edimbourg 26,
1050 Brussels, Belgium

http://www.corporateeurope.org
Tel. +32 (0)2 893 0930
Mobile: +32 474 486545
skype: olivierhoedeman
twitter: olivierhoedeman

Sign up to CEO's e-newsletter:
http://www.corporateeurope.org/subscribe...

Link to this

Secretariat General (SG)

December 13, 2012


Attachment 1213104002 001.tif
94K Download View as HTML


Mr Hoedeman,

 

For your attention, please find attached a letter signed by Mr Miceli,
Director – OLAF.

 

Yours sincerely,

 

 

Peggy White

Assistant to  Mr Wasmeier

Legal Advice Unit

-------------------------------

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate  C
Unit  C4
Office : J30  12/71
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
Phone: +32 2 29 58772
first [1][email address]

[2]http://ec.europa.eu/anti_fraud

Our policy regarding personal data protection can be viewed on
[3]http://ec.europa.eu/anti_fraud/about-us/...

 

 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/anti_fraud/about-us/...
3. http://ec.europa.eu/anti_fraud/about-us/...

Link to this

Secretariat General (SG)

December 13, 2012


Attachment ATT67364 1.jpg
1K Download

Attachment Hoedeman 2012 5001 EN.pdf
154K Download View as HTML


Dear Mr Hoedeman,

Kindly find herewith a letter concerning your confirmatory application for
access to documents (gestdem 2012/5001).
Yours sincerely,
Carlos Remis
SG.B.5.
Transparence.
Berl. 05/329.
 
 
 
 

 
 
 

Link to this

From: Olivier Hoedeman

January 07, 2013

--- this letter was also sent to OLAF by email ---

To: the Director General of OLAF

Dear Director-General,

thank you for your letter responding to our request for access to
the OLAF investigation report into the matter concerning Mr. Dalli.
You argue that OLAF is unable to accede to the request, with
reference to the exception in Regulation 1049/2001 for documents
where disclosure would undermine "the purpose of inspections,
investigations and audits". You also argue that there is no
overriding public interest in disclosure. We would herewith like to
request a review of this decision.

Firstly, there is a very clear overriding public interest in giving
the public access to the report. The limited information provided
by OLAF and the Commission so far has been confusing, at times
contradictory and consistenly raised more questions than it
answers. MEPs, civil society groups, the media and a fast-growing
number of concerned European citizens are deeply unhappy with the
failure of OLAF and the Commission to clarify the basic facts about
the Dalli lobby scandal. As a matter of avoiding the erosion of
public trust in the EU institutions, as well as securing
transparency and accountability, there is an over-riding public
interest in releasing details of the circumstances that led to the
resignation of a Commissioner, in controversial and contested
circumstances.

Secondly, you have not convincingly demonstrated that partial
access is not possible. You argue that "there is no part of the
report which is severable", but why would it not be possible to
release those parts of the report that do not risk impacting on the
court proceedings that the Maltese authorities may or may not
initiate? The colophon, the table of contents and the description
of the complaint submitted by Swedish Match for instance, but also
other parts of the report, would surely fall into this category. We
would therefore like to request a review of the decision to reject
partial access to the report.

Yours sincerely,

Olivier Hoedeman
on behalf of Corporate Europe Observatory (CEO)

Link to this

Secretariat General (SG)

January 16, 2013


Attachment image001.gif
3K Download

Attachment Hoedeman 2012 5001 EN final.pdf
273K Download View as HTML

Attachment Hoedeman 2012 5001 annex.pdf.pdf
133K Download View as HTML

Attachment Hoedeman 2012 5001 annex 2.pdf.pdf
83K Download View as HTML


Dear Mr Hoedeman,

Kindly find the answer to your confirmatory application concerning your
request for access to documents pursuant to Regulation (EC) N° 1049/2001
regarding public access to European Parliament, Council and Commission
documents (gestdem 2012/5001).   

Yours sincerely,

Carlos Remis
SG.B.5.
Transparence.
Berl. 05/329.

Link to this

Secretariat General (SG)

January 29, 2013

Dear Mr. Hoedeman,

 

In relation to your request for access to documents which you made on the
7th of January, under the relevant regulation and internal rules OLAF is
required to give its reply by yesterday, 28th of January. I very much
regret that we've been unable to do so due to time taken for the internal
consultative process. Confirmatory requests involve a procedure which must
be followed.

 

Nonetheless I expect we will be able to do respond within the next few
days. I would ask that you accept my apologies for this shortcoming on our
part.

 

Yours sincerely

 

Paul Lachal Roberts

Legal Adviser

European Anti-Fraud Office (OLAF)

European Commission

 

 

 

 

Link to this

Secretariat General (SG)

January 31, 2013


Attachment image001.png
5K Download

Attachment Access to documents Confirmatory reply Dalli.tif
426K Download View as HTML


Dear Mr Hoedeman,

 

Please, find herewith a letter signed by Director General G. Kessler.

 

Yours sincerely,

 

 

                                                                 Anke
BACON on behalf of Mr Martin Wasmeier

                                                               

                                                                                                

                                                                 European
Commission

                                                                 DG OLAF

                                                                 Unit C.4-
Legal advice

 

                                                                 J-30
06/003

                                                                 B-1049
Brussels/Belgium

                                                                 +32 2 295
57 76

 

                              
                                  [1][email address]

 

 

 

 

 

 

References

Visible links
1. mailto:[email address]

Link to this

Things to do with this request

Anyone:
Secretariat General (SG) only:

Follow this request

5
There are 5 people following this request

Unsuitable?

Requests for personal information and vexatious requests are not considered valid for FOI purposes (read more).

If you believe this request is not suitable, you can report it for attention by the site administrators

Report this request