Dear European Ombudsman,

I am complaining about the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting to review the decisions of European Commission, refusing my access to mission expenses, in particular of Mr Ernesto Bianchi, Olaf Director acting as Deputy Director General,
European Commission decided without taking into account my confirmatory application and without proper consideration of all facts related with the mission that the Commission identified with the number DL-19-1770672
The Commission refused to apply its Guidance Note Ares(2019)4352523 with unclear reasoning
My request concerns the substance of the documents rather than the personal appearing therein. It is supported by my confirmatory application in the line with established practices
The mission DL-19-1770672 had public purpose and wide Internet coverage related with Hygiea Operation 13th ASEM Customs It was performed as the delegated competence of the Director General to sign the in public documents/ agreement about cooperation with third country
Mr Bianchi is acting as the Director General. He should be able to respond to the equivalent conditions of his activities and their transparent performance as in case of Director General , who would disclose mission costs
The mission DL-19-1770672 includes destination in Vietnam Ha Long Bay which is touristic, which does not correspond to any address of relevant authorities of Vietnam or any other third country competent for signatures of public documents
Did the mission consist in most part of private holidays that Mr Bianchi passed there for the time exceeding his work time? This shouldn't be any valid reason to refusal of all information about the costs which were covered by the Commission from public finance. Therefore, there is public interest to grant access to documents
My request is developed in the confirmatory application and the reply of European Commission does not take it into account in the circumstances mentioned in my request
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/miss...

Yours faithfully,

Veronica Quaix

MBX Euro-Ombudsman, Europäische Bürgerbeauftragte

 

[1][IMG] European Ombudsman

Acknowledgement of receipt
Dear Madam,

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Euro-Ombudsman, Europäische Bürgerbeauftragte

2 Attachments

Dear Ms Quaix,

 

Please find attached the Ombudsman's admissibility decision regarding your
complaint.

 

Best regards,

 

 

 

[1]cid:image001.gif@01D00286.F2575FB0 European Ombudsman
Secretariat
1 avenue du Président Robert Schuman
CS 30403
F - 67001 Strasbourg Cedex
[2][European Ombudsman request email]

 

T. +33 (0) 3 88 17 23 13

F. +33 (0) 3 88 17 90 62

 

[3]www.ombudsman.europa.eu

 

 

 

 

 

 

 

 

 

 

 

 

References

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Dear Euro-Ombudsman,

The decision contests generally necessity and proportionality of data transmission The Commission disagrees with a specific purpose in the public interest for which the transfer of the data is the most appropriate. The Decision doesn't mention any alternatives like partial transfer of data . It is in contrast with previous practice where the transfer of data was considered as the most appropriate for Commissioners or for other directors with the same functions. The Code of Conduct is given as an example to limit data disclosure and to hide possible misconduct Such practice is not acceptable in case of destinations typical for tourism, not for professional duties, linked with private holidays. According to the decision individual assessment of the request for documents has been performed but it is not explained in what it consisted . The
Decision says generally that the Commission proactively publishes information about the mission expenses of the Commissioners without any attention to my request The decision doesn't not indicate facts, reasons for different treatment of Commissioners and of senior management. The decision avoids considering alternative means for each group or persons. Without any explanation of reasons, the Decision states that the arguments developed by Access Info Europe would not be necessarily of the same relevance as in case of a citizen. This is unacceptable discrimination without any grounds specific to law, actual situation, procedure or content of my request
Existence of audit and Control procedures or mission guide within the European Commission is mentioned generally as an excuse for refusal , to escape consideration of actual situation behind my request. It seems to be an excuse in order to escape consideration of particular cases or to escape explanations how it really works . Regarding transparency, with no attention is paid to the content of my request, the Decision indicates PMO as part of the Commission in this case is in and of itself a specific purpose in the public interest.
The decision generally mentioned a real and non-hypothetical risk that public disclosure would harm privacy and integrity, but it is not sufficiently justified in case of my request about individual whose activities were public already (nature and performance) as it was representation typical for the Director General himself or top management
Almost no consideration is given to partial access

Yours sincerely,

Veronica Quaix

Euro-Ombudsman, Europäische Bürgerbeauftragte

3 Attachments

Dear Madam,

 

Please find attached the European Ombudsman's Office closing decision
regarding your complaint.

 

Best regards,

 

 

[1]cid:image001.gif@01D00286.F2575FB0 European Ombudsman
Secretariat
1 avenue du Président Robert Schuman
CS 30403
F - 67001 Strasbourg Cedex
[2][European Ombudsman request email]

 

T. +33 (0) 3 88 17 23 13

F. +33 (0) 3 88 17 90 62

 

[3]www.ombudsman.europa.eu

 

References

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