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Article 16 Staff Regulation - Mme Reding`s Head of Cabinet Martin Salmayr

Eamon Dillon made this access to documents request to Human Resources and Security

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From: Eamon Dillon

Delivered

Dear Human Resources and Security (HR),

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:

1/. Document by Martin Salmayr related to his duties during his paid and/or unpaid leave (starting with 1 April 2014). Legal basis provided in his request for leave. http://ec.europa.eu/commission_2010-2014...

2./ Document approving Martin Salmayr`s Request for leave. (who is the signatory authority?).

3./ Information related to this public document http://www.linkedin.com/in/martinselmayr : Martin Salmayr role as Director of the Electoral Campaign of Jean-Claude Juncker, EPP Candidate for President of the European Commission during his employment at European Commission. Article 16 and other relevant provisions of Staff Regulation for the EU staff.

4./ Information on Martin Salmayr` legal right to return to European Commission as potential Head of Cabinet of Jean-Claude Juncker, if elected President of European Commission.

5./ Other similar cases in Mme Reding Team http://ec.europa.eu/commission_2010-2014... .

6./ Opinion of Vice President Reding: is there any potential conflict of Interest identified?

7./Document for assessing the potential conflict of interest. Abstract: By his current role of Mme Reding head of cabinet, Martin Salmayr has a lot of insider information and could use them to give advantage to Jean-Claude Juncker. In this way the competitors like M. Schulz or M. Rehn could be disadvantaged. Was this thing assessed in Assessment of potential conflict of interest?. If yes, that document is to be part of my request to access documents and information. Thanks,

Yours faithfully,

Eamon Dillon

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Human Resources and Security


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Dear Eamon Dillon,
 
Thank you for your request for access to documents. Unfortunately you have
not indicated your postal address that is required for registering and
handling your request in line with the procedural requirements. Please
send us your full postal address at your earliest convenience. Pending
your reply, we reserve the right to refuse the registration of your
request.
 
You may, of course, use directly the electronic form for entering your
request:
[1]http://ec.europa.eu/transparency/regdoc/...
 
 
Best regards,
 
Hanne Hendriksen
PA to Thinam Jakob, Head of Unit
 
European Commission
DG HR
Unit B.1
 
SC11 03/13
B-1049 Brussels/Belgium
+32 2 29 94 275
[2][email address]
 
 
 
 
 
 
 

References

Visible links
1. http://ec.europa.eu/transparency/redoc/?...
2. mailto:[email address]

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Human Resources and Security

HENDRIKSEN Hanne (HR) would like to recall the message, "Access to information request - At. 16 Staff Regulation - Mme Reding's Head of Cabinet Martin Salmayr".

Link to this

From: EC ARES NOREPLY
Human Resources and Security

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

Sent by HENDRIKSEN Hanne (HR) <[email address]>. All
responses have to be sent to this email address.
Envoyé par HENDRIKSEN Hanne (HR) <[email address]> . Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Eamon Dillon,

 

Thank you for your request for access to documents. Unfortunately you have
not indicated your postal address that is required for registering and
handling your request in line with the procedural requirements. Please
send us your full postal address at your earliest convenience. Pending
your reply, we reserve the right to refuse the registration of your
request.

 

You may, of course, use directly the electronic form for entering your
request:

[5]http://ec.europa.eu/transparency/regdoc/...

 

 

Best regards,

 

Hanne Hendriksen

PA to Thinam Jakob, Head of Unit

 

European Commission

DG HR

Unit B.1

 

SC11 03/13

B-1049 Brussels/Belgium

+32 2 29 94 275

[6][email address]

 

 

 

 

 

 

References

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1. file:///tmp/cid:filelist.xml@01CF5001.533F7210
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. http://ec.europa.eu/transparency/redoc/?...
6. mailto:[email address]

Link to this

From: EC ARES NOREPLY
Human Resources and Security


Attachment image001.gif
3K Download


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

Sent by JANSSENS Annick (HR) <[email address]>. All responses
have to be sent to this email address.
Envoyé par JANSSENS Annick (HR) <[email address]> . Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

 

We refer to your e-mail dated 2 April 2014 in which you make a request for
access to documents, registered on 3 April 2014 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 on 29 April 2014. An extended time
limit is needed because the application requires additional time for
follow up.

 

Therefore, we must extend the time limit by a further 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 22 May 2014.

 

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

 

Yours faithfully,

 

 
[5]cid:image001.gif@01CF63BE.A8E35300
European Commission
DG HR
Unit B/1 Ethics, Rights and Obligations

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01CF63C0.7A7FF2F0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~

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From: EC ARES NOREPLY
Human Resources and Security


Attachment Signed letter to Mr Eamon Dillon.pdf
506K Download View as HTML

Attachment image001.png
3K Download


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

Sent by HENDRIKSEN Hanne (HR) <[email address]>. All
responses have to be sent to this email address.
Envoyé par HENDRIKSEN Hanne (HR) <[email address]> . Toutes
les réponses doivent être effectuées à cette adresse électronique.

 

To Mr Eamon Dillon

 

Please find attached an advanced copy of the reply to your request for
access to documents GestDem No 2014/1847:

 

 

The paper version of the letter will be sent to you by registered mail as
soon as you inform us about your postal address which we have requested on
4 April 2014 by e-mail.

 

Yours faithfully,

 

 

European Commission

DG HR

Unit B.1

 

SC11 03/13

B-1049 Brussels/Belgium

+32 2 29 94 275

[5][email address]

 

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01CF75B8.10D68440
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. mailto:[email address]

Link to this

From: Eamon Dillon

Delivered

Dear Human Resources and Security (HR),

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Human Resources and Security (HR)'s handling of my FOI request 'Article 16 Staff Regulation - Mme Reding`s Head of Cabinet Martin Salmayr'.

I would like to access also the requested documents as inserted in my original application. Thanks for information already provided.

I was requested to provide my domicile. I live in EU and please use this address for the replies:

Access Info Europe
Cava de San Miguel 8, 4º centro
28005 Madrid
Spain

Kindly please see this
http://www.access-info.org/en/european-u...
and pls use when treat my confirmatory review . Thanks a lot.

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

Yours faithfully,

Eamon Dillon

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Human Resources and Security

Your email address for all replies to this request : 
[1][FOI #1294 email]

 

 

 

Dear Mr Dillon,

 

Thank you for your e-mail dated 12/06/2014.

We hereby acknowledge receipt of your application for access to documents,
which was registered on 12/06/2014 under reference number GestDem
2014/2776.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
03/07/2014. In case this time limit needs to be extended, you will be
informed in due course.

 

Yours faithfully,

 

 

HR ACCESS TO DOCUMENTS

[2][DG HR request email]

 

 

 

 

 

 

 

References

Visible links
1. mailto:[FOI #1294 email]
2. mailto:[DG HR request email]

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Human Resources and Security


Attachment image001.png
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Attachment Request.pdf
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Dear Mr Dillon,

 

Further to your confirmatory application for access to documents
introduced on 12 June 2014, we regret to inform you that your application
cannot be handled pending the submission of a valid, real and personal
(and not a generic) postal address. The postal address that you have
indicated in your before mentioned e-mail (Cava de San Miguel 8, 4º centro
28005 Madrid Spain) belongs to the non-governmental organisation Access
Info Europe.

Indeed, on 1 April 2014, the submission of a postal address became a
mandatory feature for the purpose of introducing a request for access to
documents.

 

The decision to ask for a postal address from applicants for access to
documents was triggered by the following considerations:

 

·         The need to obtain legal certainty as regards the date of
receipt of the reply by the applicant under Regulation 1049/2001. Indeed,
as foreseen by Article 297 of the Treaty on the Functioning of the
European Union (TFEU), […] decisions which specify to whom they are
addressed, shall be notified to those to whom they are addressed and shall
take effect upon such notification. Replies triggering the possibility for
administrative or judicial redress are therefore transmitted via
registered mail with acknowledgement of receipt. This requires an
indication of a valid postal address by the applicant;

 

·         The need to direct the Commission's scarce resources first of
all to those requests which have been filed by "real" applicants. With
only a compulsory indication of an e-mail address, applicants can easily
introduce requests under an invented identity or under the identity of a
third person. Asking for a postal address helps the Commission to protect
the administration, as well as other citizens and legal persons, from
abuse;

 

·         For similar reasons, asking for a compulsory indication of a
postal address enables the Commission services to verify whether Article
6(3) of the Regulation, on voluminous requests, is being evaded by
introducing several requests under different identities. Indeed, in its
Ryanair judgment, the General Court confirmed that Article 6(3) cannot be
evaded by splitting the application into a number of applications. The
Commission would like to point out that, in 2012/2013, it received some 57
confirmatory requests from what it suspects to be one single applicant
operating under 13 different identities;

 

·         Knowing whether the applicant is an EU resident in the sense of
Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of
correctly applying the exception in Article 4(1)(b) of Regulation
1049/2001 (protection of the privacy and integrity of the individual),
which has to be interpreted in accordance with Data Protection Regulation
45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the
level of protection afforded by the third country or international
organisation when transmitting personal data to third-country residents or
legal persons. It follows that, in case of requests for documents which
include personal data, the correct application of the data protection
rules cannot be ensured in the absence of a postal address enabling the
Commission to ascertain that the minimum data protection standards will be
respected.

 

All of these considerations show that the request for and the consequent
processing of a real and personal postal address is not only appropriate
but also strictly necessary for the performance of a task carried out in
the public interest within the meaning of Article 5 (a) of Data Protection
Regulation 45/2001, namely providing a smooth and effective access to
documents.

 

We therefore kindly urge you to please provide a real and valid postal
address, so as to enable us to duly register and deal with your
confirmatory application for access to documents in the meaning of Article
8(1) of Regulation 1049/2001. The deadline for handling your confirmatory
request shall run as from the moment of the registration of your request
following the submission of a real, personal and valid postal address.

 

Thank you in advance.

 

Kind regards,

 

ACCESS TO DOCUMENTS TEAM

[1]ec logo
European Commission
Secretariat General
Unit SG.B4 – Transparency

 

 

References

Visible links

Link to this

Human Resources and Security

[1][FOI #1294 email]

 

 

Dear Mr Dillon,

 

Further to your application for access to documents introduced on 12 June
2014, we regret to inform you that your application cannot be handled
pending the submission of a valid, real and personal (and not a generic)
postal address. The postal address that you have indicated in your before
mentioned e-mail (Cava de San Miguel 8, 4º centro 28005 Madrid Spain)
belongs to the non-governmental organisation Access Info Europe.

Indeed, on 1 April 2014, the submission of a postal address became a
mandatory feature for the purpose of introducing a request for access to
documents.

 

The decision to ask for a postal address from applicants for access to
documents was triggered by the following considerations:

 

•             The need to obtain legal certainty as regards the date of
receipt of the reply by the applicant under Regulation 1049/2001. Indeed,
as foreseen by Article 297 of the Treaty on the Functioning of the
European Union (TFEU), […] decisions which specify to whom they are
addressed, shall be notified to those to whom they are addressed and shall
take effect upon such notification. Replies triggering the possibility for
administrative or judicial redress are therefore transmitted via
registered mail with acknowledgement of receipt. This requires an
indication of a valid postal address by the applicant;

 

•             The need to direct the Commission's scarce resources first
of all to those requests which have been filed by "real" applicants. With
only a compulsory indication of an e-mail address, applicants can easily
introduce requests under an invented identity or under the identity of a
third person. Asking for a postal address helps the Commission to protect
the administration, as well as other citizens and legal persons, from
abuse;

 

•             For similar reasons, asking for a compulsory indication of a
postal address enables the Commission services to verify whether Article
6(3) of the Regulation, on voluminous requests, is being evaded by
introducing several requests under different identities. Indeed, in its
Ryanair judgment, the General Court confirmed that Article 6(3) cannot be
evaded by splitting the application into a number of applications. The
Commission would like to point out that, in 2012/2013, it received some 57
confirmatory requests from what it suspects to be one single applicant
operating under 13 different identities;

 

•             Knowing whether the applicant is an EU resident in the sense
of Article 2(1) of Regulation 1049/2001 is a precondition for the purpose
of correctly applying the exception in Article 4(1)(b) of Regulation
1049/2001 (protection of the privacy and integrity of the individual),
which has to be interpreted in accordance with Data Protection Regulation
45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the
level of protection afforded by the third country or international
organisation when transmitting personal data to third-country residents or
legal persons. It follows that, in case of requests for documents which
include personal data, the correct application of the data protection
rules cannot be ensured in the absence of a postal address enabling the
Commission to ascertain that the minimum data protection standards will be
respected.

 

All of these considerations show that the request for and the consequent
processing of a real and personal postal address is not only appropriate
but also strictly necessary for the performance of a task carried out in
the public interest within the meaning of Article 5 (a) of Data Protection
Regulation 45/2001, namely providing a smooth and effective access to
documents.

 

We therefore kindly urge you to please provide a real and valid postal
address, so as to enable us to duly register and deal with your
confirmatory application for access to documents in the meaning of Article
8(1) of Regulation 1049/2001. The deadline for handling your confirmatory
request shall run as from the moment of the registration of your request
following the submission of a real, personal and valid postal address.

 

Thank you in advance.

 

Kind regards,

 

ACCESS TO DOCUMENTS TEAM

European Commission

 

 

show quoted sections

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Human Resources and Security

Dear Mr, Dear Ms,

 

We informe you that the request 2014/2776 was closed in GESTDEM because
the applicant failed to introduce a valid postal address.

 

                Yours faithfully,

 

                HR ACCESS TO DOCUMENTS

                [1][email address]

 

 

 

 

 

 

 

References

Visible links
1. mailto:[email address]

Link to this

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