Ref. Ares(2019)6694816 - 29/10/2019
EUROPEAN COMMISSION
DIRECTORATE-GENERAL INFORMATICS
Directorate A - Strategy & Resources
DIGIT A3 - ICT Procurement & Contracts
Brussels,
DIGIT.A.3.001/EA
Mr. Jamie Wabungo
Dijkstraat 2
9200 Dendermonde
BELGIUM
By registered mail
Advance copy by e-mail:
ask+request-7293-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2019/5640
Dear Sir,
We refer to your message sent on 16 September 2019, through ‘ask the EU’ platform, in
which you make the following request for access to documents:
“According to the Information released by the OLAF's supervisory committee in its 2018'
activity report, the development of the IT system called OCM (OLAF Content
Management) containing OLAF's operational documents, not only was extremely costly,
it was also subcontracted to IT private companies with extra muros IT specialists.
Under the right of access to documents in the EU treaties, as developed in Regulation
1049/2001, I am requesting documents which contain the information about following
aspects:
Can the Commission (OLAF and DIGIT) provide information (and disclose related
documents) that one of these companies (European Dynamics) took the Commission and
OLAF to Court about a tender procedure ?
Can the Commission and OLAF provide information (disclose related documents) that
European Dynamics employees were involved in the development of OCM?
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË — Tel. +32 22991111
Commission européenne, 2920 Luxembourg, LUXEMBOURG — Tel. +352 43011
Can the Commission / OLAF provide information (disclose related documents) that the
OCM developpers have access, for testing purposes, to operational information related
to companies or individuals?
What were the measures taken to ensure the protection of the personal data of the
individuals?”
As you were informed by OLAF on 26 September 2019, the Directorate-General
Informatics will only handle the first part of your request, namely:
“Can the Commission (OLAF and DIGIT) provide information (and disclose related
documents) that one of these companies (European Dynamics) took the Commission and
OLAF to Court about a tender procedure ?”
1.
INTRODUCTION
Following your request, the Directorate-General Informatics sent you an email on 4
October 2019 (Ares(2019)6159632) to inform you that the delay will be extended to 28
October 2019 for the part of your request that will be handled by DG DIGIT.
2.
NO DOCUMENTS CORRESPONDS TO THE SCOPE OF YOUR REQUEST
We understand that your question concerns the tender procedures under which the OCM
(Olaf Content Management) was developed, and any complaints lodged by European
Dynamics in this context.
According to the information provided to us by OLAF, European Dynamics was not
involved in the development of OCM.
For this reason, we regret to inform you that our Directorate-General Informatics does
not hold any documents that would correspond to the description given in your
applications, as European Dynamics was not involved in the development of OCM.
As specified in Article 2(3) of Regulation (EC) No 1049/20011, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution.
Given that no such documents, corresponding to the description given in your
application, are held by the Commission, the Commission is not in a position to fulfil
your request.
3.
SIMILAR DOCUMENT
However, in order to answer to your request in the most comprehensive way possible, the
Directorate-General Informatics informs you that judgements and other documents
regarding to court proceedings can be found on the website of the Court of Justice of the
Europea
n Union https://curia.europa.eu/jcms/jcms/j_6/en/ .
1 Regulation (EC) 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents (
Official Journal L 145,
31/05/2001, p. 43)
2
Taking into account the framework contracts that were used for the development of
OCM, the following court cases can be found launched by European Dynamics:
#
Court case
Link
http://curia.europa.eu/juris/fiche.jsf?id
=T%3B74%3B15%3BRD%3B1%3B
P%3B1%3BT2015%2F0074%2FJ&te
xt=DESIS%2BIII&oqp=&for=&mat=
or&lgrec=nl&jge=&td=%3BALL&ju
r=C%2CT%2CF&dates=&pcs=Oor&
T-74/15
-
European
Dynamics
lg=&pro=&nat=or&cit=none%252CC
1
Luxembourg and Evropaïki Dynamiki
%252CCJ%252CR%252C2008E%25
v Commission
2C%252C%252C%252C%252C%25
2C%252C%252C%252C%252Ctrue
%252Cfalse%252Cfalse&language=e
n&avg=&cid=7449402
http://curia.europa.eu/juris/fiche.jsf?id
=T%3B698%3B14%3BRD%3B1%3
BP%3B1%3BT2014%2F0698%2FJ&
text=DESIS%2BIII&oqp=&for=&ma
t=or&lgrec=nl&jge=&td=%3BALL&
jur=C%2CT%2CF&dates=&pcs=Oor
T-698/14
-
European
Dynamics
&lg=&pro=&nat=or&cit=none%252
2
Luxembourg and Evropaïki Dynamiki
CC%252CCJ%252CR%252C2008E
v Commission
%252C%252C%252C%252C%252C
%252C%252C%252C%252C%252Ct
rue%252Cfalse%252Cfalse&languag
e=en&avg=&cid=7449726
http://curia.europa.eu/juris/fiche.jsf?id
=T%3B474%3B10%3BRD%3B1%3
BP%3B1%3BT2010%2F0474%2FJ&
text=DESIS&oqp=&for=&mat=or&l
grec=en&jge=&td=%3BALL&jur=C
%2CT%2CF&dates=&pcs=Oor&lg=
T-474/10 - Evropaïki Dynamiki v
&pro=&nat=or&cit=none%252CC%2
3
Commission
52CCJ%252CR%252C2008E%252C
%252C%252C%252C%252C%252C
%252C%252C%252C%252Ctrue%2
52Cfalse%252Cfalse&language=en&
avg=&cid=7449726
3
http://curia.europa.eu/juris/fiche.jsf?id
=T%3B457%3B10%3BRD%3B1%3
BP%3B1%3BT2010%2F0457%2FJ&
text=DESIS&oqp=&for=&mat=or&l
grec=en&jge=&td=%3BALL&jur=C
%2CT%2CF&dates=&pcs=Oor&lg=
&pro=&nat=or&cit=none%252CC%2
4
T-457/10 - Evropaïki Dynamiki v
52CCJ%252CR%252C2008E%252C
Commission
%252C%252C%252C%252C%252C
%252C%252C%252C%252Ctrue%2
52Cfalse%252Cfalse&language=en&
avg=&cid=7449726
However, these court cases do not directly relate to the development of OCM.
We trust that you will find this additional information helpful.
4.
MEANS OF REDRESS
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon
receipt of this letter to the Secretariat-General of the Commission at the following
address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
(e-signed)
Mário Campolargo,
Deputy Director-General,
in absence of
Gertrud INGESTAD
Director-General
4
Electronically signed on 29/10/2019 15:00 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
Document Outline