Project implemented by the Foundation

The request was partially successful.

Dear Research and Innovation,

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

- documents concerning the projects funded by the EU, implemented by Bruno Kessler Foundation (call for applications, evaluation, award decisions)

https://www.fbk.eu/en/results/
https://ec.europa.eu/growth/tools-databa...

- documents or information about relations between this Foundation and G. Kessler, current Advisor at DG BUDG, former OLAF Director General

https://en.wikipedia.org/wiki/Bruno_Kess...

Yours faithfully,

Barbara Pelo
Slotermeerlaan 133,
1063 Amsterdam,
Netherlands

ve_rtd.access documents (RTD), Research and Innovation

[1]Ares(2019)5183302 - Acknowledgment of receipt - RE: access to documents
request - Project implemented by the Foundation - GestDem 2019/4646

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Pelo,

Thank you for your e-mail dated 08 August 2019.  We hereby acknowledge
receipt of your request for access to documents, registered on 09 August
2019 under reference number GestDem 2019/4646.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your requests will
be handled within 15 working days. The time limit will expire on
02/09/2019. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your request via the AsktheEU.org website. Please note
that this is a private third-party website which has no link with any
institution of the European Union. Therefore, the European Commission
cannot be held accountable for any technical issues or problems linked to
the use of this system.
Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.
We understand that the third party running that website usually publishes
the content of requestors’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal
address).
Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.
If you do not wish your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

Yours faithfully,

RTD Access to documents

European Commission
DG Research & Innovation
Common Legal Support Service
ORBN
1049 Brussels/Belgium
[email address]

show quoted sections

ve_rtd.access documents (RTD), Research and Innovation

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2019)5492860 - Your application for access to documents - Project
implemented by the Foundation - GestDem 2019/4646 - fair solution proposal
and request for clarification

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Pelo,

 

We refer to your e-mail dated 8/8/2018 in which you made a request for
access to documents, registered on 9/8/2018 under the above mentioned
reference number.

 

I. After having assessed your request and consulted various services which
hold documents possibly covered under its scope, we have identified
approximately 180 documents falling within the scope of the first point of
your application, namely “Documents concerning the projects funded by the
EU implemented by Bruno Kessler Foundation (call for applications,
evaluation, award decisions)”. Please note that these estimations relate
to calls managed by DG RTD (including on-going and closed funded
projects). If you would like to obtain documents concerning calls managed
by other Commission services, you may contact directly those services.

 

Given the high number of the documents concerned, the scope of your
request is very wide and therefore cannot be handled within the time
limits set out in Article 7 of Regulation 1049/2001. As you know, article
6(3) of Regulation 1049/2001 provides that in the event of an application
relating to a very long document or to a very large number of documents,
the institution concerned may confer with the applicant informally, with a
view to finding a fair solution.

 

In fact, in accordance with the case law of the General Court, in the case
of requests related to a manifestly unreasonable number of documents, the
treatment of which could substantially paralyse the proper working of the
institution, the latter retains the right to balance the interest of the
applicant in public access to the documents against the administrative
burden for the Institution so caused, in order to safeguard, in those
particular cases, the interests of good administration (see to this
respect the judgments of the General Court in case T-344/08, EnBW Energie
Baden-Württemberg v Commission, paragraph 105, ECLI:EU:T:2012:242 and in
case T-2/03, Verein für Konsumenteninformation v Commission, paragraphs
101-102, ECLI:EU:T:2005:125).

 

In accordance with the case law, a fair solution can only concern the
content or the number of documents applied for, not the deadline for
replying. This means that the scope of your requests must be reduced in a
way that would enable its treatment within the extended deadline of 15+15
working days.

 

Based on the above, we would kindly ask you to specify the objective of
your wide-scoped request and your specific interest in the documents
requested, with a view to narrowing down its scope (i.e. the subject
matters and/or timeframe covered) and reaching a manageable number of
documents.

 

In order to help you narrowing down your request, please note that the
following categories of documents have been identified as falling under
the scope of the first point of your request:

 

1.       Award decisions for on-going funded projects submitted by
consortia including Bruno Kessler Foundation (FONDAZIONE BRUNO KESSLER)
under Horizon 2020 Framework Programme for Research and Innovation (H2020)
: 5 documents

2.       Documents concerning the evaluation of the above-mentioned
on-going funded projects submitted by consortia including Bruno Kessler
Foundation under H2020: more than 25 documents, out of which 5 evaluation
summary reports ;

3.       Award decisions for funded projects submitted by consortia
including Bruno Kessler Foundation under the Seventh Framework Programme
for Research and Innovation (FP7)  : 17 documents;

4.       Award decisions for funded projects submitted by consortia
including Bruno Kessler Foundation under the Sixth Framework Programme for
Research and Innovation (FP6): 4 documents ;

5.       Documents concerning the evaluation of the successful projects
submitted under FP7 by consortia including Bruno Kessler Foundation: 90
documents;

6.       Documents concerning the evaluation of successful projects
submitted under FP6 by consortia including Bruno Kessler Foundation under
FP6 – 20 documents;

7.       Calls for applications for projects awarded to Bruno Kessler
Foundation: 20 documents.

 

In order to enable us to respect the time-limits of the Regulation, we
would like to ask you for a swift reply by email to this invitation to
propose a fair solution, within 5 working days at the latest by email to
[6][email address] .

 

Please consider that unfortunately, in the absence of a reply within five
working days, we will be forced to restrict the scope of your application
to those parts that can be dealt with within the extended deadline of 30
working days, counting from the registration of your application, in order
to provide you with a reply to your access to documents request.

 

II. Concerning the second point of your application, we note that you are
asking for “documents or information about relations between this
Foundation and G. Kessler, current Advisor at DG BUDG, former OLAF
Director General”.

Unfortunately, the description given in your application does not enable
us to identify concrete documents which would correspond to your request.
We therefore invite you, pursuant to Article 6(2) of Regulation (EC) No
1049/2001 regarding public access to documents, to provide us with more
detailed information on the documents which you seek to obtain.

In accordance with Article 2, third paragraph of the Implementing Rules to
Regulation EC (No) 1049/2001, the 15 working days’ time limit for handling
your application will start running when we receive the requested
clarifications.

 

Thank you in advance for your cooperation.

 

With kind regards,

 

RTD Access to documents

 

[7]cid:image002.gif@01D55E91.9A9E9290

European Commission

DG Research & Innovation

Common Legal Support Service

 

ORBN

1049 Brussels/Belgium

[8][email address]

 

[9]http://ec.europa.eu/research

 

 

From: ve_rtd.access documents (RTD) <[DG RTD request email]>
Sent: Friday, August 9, 2019 4:36 PM
To: Barbara Pelo <[FOI #7203 email]>
Cc: RTD ACCESS DOCUMENTS <[email address]>
Subject: Ares(2019)5183302 - Acknowledgment of receipt - RE: access to
documents request - Project implemented by the Foundation - GestDem
2019/4646

 

[10]Ares(2019)5183302 - Acknowledgment of receipt - RE: access to
documents request - Project implemented by the Foundation - GestDem
2019/4646

 

Sent by ve_rtd.access documents (RTD)
<[11][DG RTD request email]>. All responses have to be sent to
this email address.

Envoyé par ve_rtd.access documents (RTD)
<[12][DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Pelo,

Thank you for your e-mail dated 08 August 2019.  We hereby acknowledge
receipt of your request for access to documents, registered on 09 August
2019 under reference number GestDem 2019/4646.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your requests will
be handled within 15 working days. The time limit will expire on
02/09/2019. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your request via the AsktheEU.org website. Please note
that this is a private third-party website which has no link with any
institution of the European Union. Therefore, the European Commission
cannot be held accountable for any technical issues or problems linked to
the use of this system.
Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.
We understand that the third party running that website usually publishes
the content of requestors’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal
address).
Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.
If you do not wish your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

Yours faithfully,

RTD Access to documents

European Commission
DG Research & Innovation
Common Legal Support Service
ORBN
1049 Brussels/Belgium
[13][email address]

show quoted sections

Dear ve_rtd.access documents (RTD),
I have decided to ask at this stage for documents mentioned in points I.1, 2, 4. Is it possible to receive access to their scans on this website?

Yours sincerely,

Barbara Pelo

ve_rtd.access documents (RTD), Research and Innovation

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2019)5517727 - Access to documents request - Project implemented
by the Foundation - GestDem 2019/4646 - holding reply

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Pelo,

 

We refer to your e-mail dated 08/08/2019 in which you make a request for
access to documents, registered under the above mentioned reference
number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today.

An extended time limit is needed as your application concerns a large
number of documents held by different Services which must be consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 23/09/2019.

We apologise for this delay and for any inconvenience this may cause.

Yours sincerely,

 

RTD Access to documents

[6]cid:image001.gif@01D3DD79.843A2220

 

European Commission

DG Research & Innovation

Common Legal Support Service

 

1049 Brussels/Belgium

[7][email address]

 

 

From: ve_rtd.access documents (RTD) <[DG RTD request email]>
Sent: Friday, August 9, 2019 4:36 PM
To: Barbara Pelo <[FOI #7203 email]>
Cc: RTD ACCESS DOCUMENTS <[email address]>
Subject: Ares(2019)5183302 - Acknowledgment of receipt - RE: access to
documents request - Project implemented by the Foundation - GestDem
2019/4646

 

[8]Ares(2019)5183302 - Acknowledgment of receipt - RE: access to documents
request - Project implemented by the Foundation - GestDem 2019/4646

 

Sent by ve_rtd.access documents (RTD)
<[9][DG RTD request email]>. All responses have to be sent to
this email address.

Envoyé par ve_rtd.access documents (RTD)
<[10][DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Pelo,

Thank you for your e-mail dated 08 August 2019.  We hereby acknowledge
receipt of your request for access to documents, registered on 09 August
2019 under reference number GestDem 2019/4646.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your requests will
be handled within 15 working days. The time limit will expire on
02/09/2019. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your request via the AsktheEU.org website. Please note
that this is a private third-party website which has no link with any
institution of the European Union. Therefore, the European Commission
cannot be held accountable for any technical issues or problems linked to
the use of this system.
Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.
We understand that the third party running that website usually publishes
the content of requestors’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal
address).
Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.
If you do not wish your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

Yours faithfully,

RTD Access to documents

European Commission
DG Research & Innovation
Common Legal Support Service
ORBN
1049 Brussels/Belgium
[11][email address]

show quoted sections

ve_rtd.access documents (RTD), Research and Innovation

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2019)5936408 - Your application for access to documents - Project
implemented by the Foundation - GestDem 2019/4646 - holding reply

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Pelo,

We refer to your request for access to documents, registered under the
reference GestDem No 2019/4646, the final deadline for which expired
yesterday, 23/09/2019.

 

Unfortunately, we were not in a position to complete the handling of your
application within the extended time limit of 30 working days.

This delay has been caused by the fact that, for the purposes of your
request, we have consulted different services of the Commission. This
consultation has caused further delay to the treatment of the request in
accordance with Regulation (EC) No 1049/2001.

 

The reply to your application has been submitted for signature by the
administrative hierarchy and we will do our utmost to provide you with the
final reply in the coming days.

 

Please accept our sincerest apologies for any inconvenience caused by this
delay.

 

Yours sincerely,

RTD Access to documents

European Commission
DG Research & Innovation
Common Legal Support Service
ORBN
1049 Brussels/Belgium
[6][email address]

 

From: ve_rtd.access documents (RTD) <[DG RTD request email]>
Sent: Monday, September 2, 2019 12:34 PM
To: Barbara Pelo <[FOI #7203 email]>
Cc: RTD ACCESS DOCUMENTS <[email address]>
Subject: Ares(2019)5517727 - Access to documents request - Project
implemented by the Foundation - GestDem 2019/4646 - holding reply

 

[7]Ares(2019)5517727 - Access to documents request - Project implemented
by the Foundation - GestDem 2019/4646 - holding reply

 

Sent by ve_rtd.access documents (RTD)
<[8][DG RTD request email]>. All responses have to be sent to
this email address.

Envoyé par ve_rtd.access documents (RTD)
<[9][DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

 

Dear Ms Pelo,

 

We refer to your e-mail dated 08/08/2019 in which you make a request for
access to documents, registered under the above mentioned reference
number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today.

An extended time limit is needed as your application concerns a large
number of documents held by different Services which must be consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 23/09/2019.

We apologise for this delay and for any inconvenience this may cause.

Yours sincerely,

 

RTD Access to documents

[10]cid:image001.gif@01D3DD79.843A2220

 

European Commission

DG Research & Innovation

Common Legal Support Service

 

1049 Brussels/Belgium

[11][email address]

 

 

From: ve_rtd.access documents (RTD)
<[12][DG RTD request email]>
Sent: Friday, August 9, 2019 4:36 PM
To: Barbara Pelo <[13][FOI #7203 email]>
Cc: RTD ACCESS DOCUMENTS <[14][email address]>
Subject: Ares(2019)5183302 - Acknowledgment of receipt - RE: access to
documents request - Project implemented by the Foundation - GestDem
2019/4646

 

[15]Ares(2019)5183302 - Acknowledgment of receipt - RE: access to
documents request - Project implemented by the Foundation - GestDem
2019/4646

 

Sent by ve_rtd.access documents (RTD)
<[16][DG RTD request email]>. All responses have to be sent to
this email address.

Envoyé par ve_rtd.access documents (RTD)
<[17][DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Pelo,

Thank you for your e-mail dated 08 August 2019.  We hereby acknowledge
receipt of your request for access to documents, registered on 09 August
2019 under reference number GestDem 2019/4646.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your requests will
be handled within 15 working days. The time limit will expire on
02/09/2019. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your request via the AsktheEU.org website. Please note
that this is a private third-party website which has no link with any
institution of the European Union. Therefore, the European Commission
cannot be held accountable for any technical issues or problems linked to
the use of this system.
Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.
We understand that the third party running that website usually publishes
the content of requestors’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal
address).
Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.
If you do not wish your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

Yours faithfully,

RTD Access to documents

European Commission
DG Research & Innovation
Common Legal Support Service
ORBN
1049 Brussels/Belgium
[18][email address]

show quoted sections

ve_rtd.access documents(RTD), Research and Innovation

17 Attachments

Please find attached document Ares(2019)6047330 from ve_rtd.access documents (RTD.B.1.002) dated 30/09/2019.

Veuillez trouver ci-joint le document Ares(2019)6047330 de ve_rtd.access documents (RTD.B.1.002) daté du 30/09/2019.

Dear ve_rtd.access documents(RTD),

Is there any legal provision, regulation or decision excluding the comletences of Olaf towards these projects during the time period when Mr G Kessler was the General Director of Olaf?

Yours sincerely,

Barbara Pelo

Dear Research and Innovation,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Project implemented by the Foundation'.

I have not received any reply to my question presented in April 2020: Is there any legal provision, regulation or decision excluding the comletences of Olaf towards these projects during the time period when Mr G Kessler was the General Director of Olaf?

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/proj...

Yours faithfully,

Barbara Pelo

RTD-ACCESS-DOCUMENTS@ec.europa.eu, Research and Innovation

1 Attachment

Dear Ms Pelo,

 

Please accept our sincerest apologies for not coming back to your request
for information of 13 April 2020 and for any inconvenience this may have
caused you.

 

Your request will be handled accordingly by the responsible service, the
European Anti-Fraud Office (OLAF).

 

Yours sincerely,

 

 

RTD Access to documents

 

[1]cid:image001.gif@01D640D4.CBFA20E0

European Commission

DG Research and Innovation

Common Legal Support Service

 

ORBN 05

1049 Brussels/Belgium

[2][DG RTD request email]

 

[3]https://ec.europa.eu/research

 

 

show quoted sections

Dear European Commission

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Project implemented by the Foundation'.

My request for information remains unanswered since long time

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/proj...

Yours faithfully,

Barbara Pelo

Dear [email address],

I am asking about information about the issues at the Foundation in the project INSHIP 731287: what happened with this information submitted on 10th January2017 via https://fns.olaf.europa.eu/cgi-bin/captc...
Was it transferred to your Directorate? There was no answer about its attribution.

Yours sincerely,

Barbara Pelo

OLAF-FM-D2@ec.europa.eu, Research and Innovation

Dear Ms Pelo,

 

First of all, please accept our apologies for the late reply to your
question addressed to DG RTD in your email of 13 April 2020 and which
followed up your request for access to documents to this DG.

 

The question, which was transferred to us by DG RTD in January 2021, is,
in substance, whether there exists any legal provision, regulation or
decision excluding the competence of OLAF towards projects implemented by
the Bruno Kessler foundation (and funded by the EU) during the time period
when his son, Mr Giovanni Kessler, was the Director General of OLAF.

 

OLAF would like to confirm that there is no such provision, regulation or
decision which would have limited OLAF’s competence in respect of projects
of the type to which you make reference. However, the legal framework
applicable to OLAF staff ensures that OLAF can exercise its competence
with full respect of the Staff Regulations. Article 11 of the Staff
Regulations requires EU staff, including OLAF investigators and OLAF’s DG,
to carry out their duties and conduct themselves solely with the interests
of the Union in mind, and not to take instructions from any government,
authority, organisation or person outside their institution. Staff must
carry out their duties objectively, impartially and in keeping with their
duty of loyalty to the Union. Further, Article 11a of the Staff
Regulations prohibits staff from dealing with a matter in which, directly
or indirectly, they have any personal interest such as to impair their
independence and, in particular, family and financial interests. Any
conflicts of interest are to be reported immediately. The obligations in
the Staff Regulations are complemented by the recommendations in the
Practical Guide to Staff Ethics and Conduct, which you may find here:
[1]https://www.asktheeu.org/en/request/5092....

 

Your question has been treated as a request for information and not as a
request for access to documents falling under Regulation 1049/2001.

 

Best regards,

 

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate  D – General Affairs
Unit  D.2 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)

[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. https://www.asktheeu.org/en/request/5092...
2. http://ec.europa.eu/anti_fraud
3. http://ec.europa.eu/anti_fraud/about-us/...