Termination of Grant Agreement concluded in April 2013 by EC with DIHR

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Dear Secretariat General (SG), Dear Ms Mazeika,

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

In letter dated 2 July 2013 available under this link http://www.asktheeu.org/en/request/877/r... you suggested a possible solution for financing DIHR staff. It appears from that letter that DIHR requested European Commission to agree with the cancelation of an essential package of deliverables (producing a film about best practices on enterprises diversity), which was agreed via a grant agreement of around 200,000 Euros. As mentioned in your letter, this cancellation was requested by DIHR “in order to cover the cost of a new project team member”. You considered the proposal of DIHR beyond the limits of contractual provisions and rejected it, because that proposal envisages using money for another purpose than the one agreed and moreover jeopardize the outcome of the Grant procedure.
In 29 September 2013 the Grant agreement was terminated and EC is now in process of recovering pre-financing amount paid to DIHR: 94,000 Euros.

I. I would like to request access to the entire correspondence between DIHR and EC, containing similar proposals for changings of contractual provisions (for all grants awarded to DIHR until 2013, as they are listed in documents disclosed by EC to the public via asktheeu website).

II. In addition, I would like to request access to any documents or information related to your suggestion to DIHR which reads:
“In case you encounter difficulties to actually cover your staff cost (permanent staff) by your own contribution, another solution should be envisaged”.
What is that solution? As you surely know, Danish Authorities found irregularities in internal and external projects managed by DIHR http://jyllands-posten.dk/politik/ECE462...
One relevant „Solution“used in the past is mentioned here http://www.europarl.europa.eu/sides/getD... .
That respective solutiom/practice was qualified as "false accounting" by a MEP and as "financial irregularities" by Danish Authorities and Danish press, and also by a former leader (in one email sent to DG Justice of European Commission in 15/01/2012.

III. Having regard to the above I also request access to certain pieces of information attached to 2 documents disclosed by EC and its services to public domain. First document is to be found here in LINK 1 http://www.asktheeu.org/en/request/477/r... , and for the purposes of my request, it should be read in conjunction with OLAF Decision to Dismiss a case (ref OF/2013/0583), available here at page 11 http://www.asktheeu.org/en/request/622/r... (LINK 2).
I will refer below to these documents as LINK 1 and LINK 2.
As you might be aware the EU legislation and some relevant jurisprudence allows to request access to information attached to documents to be disclosed or attached to documents already disclosed to the public.
The information I would like to access are attached to two documents presented under the two links above and are currently at large in public domain. It refers to the following issues:

1. Did OLAF acquire these 3 emails http://www.asktheeu.org/en/request/477/r... within any of its investigation performed on the subject related to DIHR alleged financial irregularities?. Please see also this Answer http://www.europarl.europa.eu/sides/getA... which apparently refers as well to OLAF Decision/s to dismiss the case/s presented in page 11 of the link above.

2. Were the 3 Emails sent on 15/01/2012 to DG Justice (LINK 1), part of any file related to OLAF investigations performed into DIHR Financial Irregularities or part of any of OLAF selection processes mentioned in LINK 2? In LINK 2 OLAF states that the case OF/2013/0583 was dismissed because there were insufficient evidences. Was the personal email under LINK 1 evidence in any of the files mentioned in LINK2?
3. Did any internal services of the European Commission perform any Audit into DIHR alleged financial irregularities? If yes, I request access to relevant Report or alternatively to information containing the outcome of audit (similar to OLAF decisions disclosed to public domain via LINK 2 above, see page 9 to 11).

4. I request access to the Note submitted by OLAF to Secretary General of European Commission, mentioned in LINK 2 - PAGE 5 and to the relevant attached information (what SG did with that Note: if there are some ongoing investigations made by other services than OLAF because OLAF informs the public via documents contained under LINK 2 that it ceased its investigations but some other audits are ongoing. Who performs those audits? Secretariat General of EC or other EU services, institutions?.
I do not seek to access information under Reg. 45/2001 therefore any documents to be disclosed can be redacted (partially access).

Yours faithfully,

Cornelia Trentea

Generalsekretariat der Europäischen Kommission

Dear Ms Trentea,
 
Thank you for your message dated 01 December 2013.
 
I hereby acknowledge receipt of your request for access to documents.
 
Please be informed that parts I. and II. of your request have been
registered today under the reference Gestdem 2013/6029.  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. The time limit will expire on 23/12/2013.
In case this time limit needs to be extended, you will be informed in due
course.
 
Regarding part III. of your request for access to documents, it has been
sent to our colleagues from OLAF. They deal independently with their
requests to documents and will ensure that your request receives an
adequate follow-up.
 
Kind regards,
Priscille Schiltz
European Commission
SG B5 - Transparency, 'Access to documents'
 
 
 

Zitate anzeigen

Generalsekretariat der Europäischen Kommission

1 Attachment

Dear Ms Trentea

 

Please find attached, a letter regarding your application for access to
information and documents – Ref GestDem No 2013/6029. The letter is Signed
by Mr Mazeika Head of Unit of DG JUSTICE A4.

 

With Kind Regards,

The PROGRESS Team

 

Generalsekretariat der Europäischen Kommission

5 Attachments

Dear Mrs. Trentea,

 

Please find enclosed a reply to your request for access to documents
GESTDEM 2013/6029, as well as the documents requested (with personal data
expunged).

 

Best Regards,

The PROGRESS Programme Team

 

Dear Secretariat General (SG),

Thank you for granting me access to documents and information under point I and II in my Request dated 1st December 2013.

May I respectfully ask to be granted access also to information and documents specified under point III of my Request dated 1st December 2013. This request is available under this link http://www.asktheeu.org/en/request/termi...

Thank you.

Yours faithfully,

Cornelia Trentea