Article 16, Staff Regulations
Dear Humanitarian Aid and Civil Protection (ECHO),
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting all documentation relating to Commission decisions made, under Article 16 of the Staff Regulations, concerning Harald Boerekamp who worked for the Secretariat General and DG-ECHO. Specifically, I would like to receive a note of all Mr Boerekamp's job titles at the Commission including dates, copies of any application(s) that Mr Boerekamp made under Article 16 of the Staff Regulations to undertake a new professional activity (including with Interel European Affairs), and all correspondence or emails related to the authorisation of this role or roles.
Yours faithfully,
Vicky Cann
Dear Madam,
Thank you for your e-mail dated 22/05/2012.
We hereby acknowledge receipt of your application for access to documents, which was registered on 22/05/2012 under reference number GestDem 2012/2456.
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 13/06/2012. In case this time limit needs to be extended, you will be informed in due course.
Yours faithfully,
Carlos Remis
SG.B.5.
Transparence.
Berl. 05/329.
Sent by HR B1 ETHIQUE <[email address]>. All responses have to
be sent to this email address.
Envoyé par HR B1 ETHIQUE <[email address]> . Toutes les
réponses doivent être effectuées à cette adresse électronique.
Dear Ms Cann,
I reply to your email of 22 May 2012 in which you request, referring to
Regulation (EC) No 1049/2001, all documentation relating to Commission
decisions made, under Article 16 of the Staff Regulations, concerning Mr
Harald Boerekamp. Specifically, you ask for his job titles and the dates,
copies of any applications that Mr Boerekamp made under article 16 of the
Staff Regulations and all correspondence related to the authorisation of
these roles.
Concerning the job titles and the dates, I can confirm the following:
Mr Boerekamp worked as a Seconded National Expert (SNE) in the Secretariat
General from 16/1/2009 until 15/5/2010. From 16/5/2010 until 29/2/2012,
Mr Boerekamp worked as a contract agent at DG ECHO.
Concerning the period that Mr Boerekamp was working as a Seconded National
Expert at the Secretariat General, the Commission Decision C(2008) 6866
laying down rules on the secondment to the Commission of national experts
and national experts in professional training states (article 7(3)):
"At the end of the secondment the SNE shall continue to have a duty of
loyalty to the Communities and be bound by the obligation to act with
integrity and discretion in the exercise of new duties assigned to him and
in accepting certain posts or advantages."
However, SNE's are not covered by the Staff Regulations and the
obligations resulting from Article 16 thereof.
In regard to the period as a contract agent, the following article of
Commission Decision C(2004) 1587 on outside activities and assignments
applies:
"Article 21
1. The present decision shall apply by analogy to members of the temporary
staff, of the auxiliary staff and of the contract staff.
Only those contract staff who have had access to sensitive information
shall be subject to the obligations laid down in Article 18 (2). Contract
staff shall be informed by their service whether Article 18 (2) is
applicable on leaving the service."
DG ECHO has confirmed that Mr Boerekamp did not have access to sensitive
information during his time in the European Commission when he was working
as a contract agent at DG ECHO.
I would like to inform you therefore that Mr Boerekamp did not need an
authorisation to exercise an activity after leaving the Commission on the
basis of article 21(1) of the Commission Decision on outside activities
and assignments,
Yours sincerely,
Christine SCHAUWERS
On behalf of Mrs Thinam JAKOB, Head of Unit HR.B.1
European Commission
DG HR
Unit B.1.002 - Ethics
SC11 3/34
B-1049 Brussels/Belgium
+32 2 295 01 98
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Dear EC ARES NOREPLY,
Thank you for your reply. As originally requested, please can you communicate Mr Boerekamp's job title when he was working as a contract agent from 16/5/2010 until 29/2/2012 at DG ECHO.
Yours sincerely,
Vicky Cann
Dear Mrs Cann,
Subject: Your application for access to documents – Ref GestDem No
2012/2389
We refer to your e-mail dated 15/05/2012 in which you make a request for
access to documents concerning Mr Lippold's employment at DG Energy.
We regret to inform you that no documents were found that would correspond
to the description given in your application.
Yours faithfully,
European Commission
DG ENER Unit A.1 – Access to documents
DM 24 8/118
B-1049 Brussels/Belgium
Vicky Cann left an annotation ()
Further to my last annotation, a reply has now been posted to the right request.
Vicky Cann left an annotation ()
Once again the Commission has replied to the wrong access to documents request, which makes life very confusing!