Contractual correspondence with ILGA Europe about grant VS/2010/158 , audit methods

The request was successful.

Mr. Charilaos. DROSOS

Dear Justice (JUST),

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:

I refer to the application GestDem 2013/3477, initial reply Ares(2013)293281 - 27/8/2013, where DG JUST partially released the Final Audit Report concerning an on-the-spot check between 30 November - 2 December 2011 to the grant beneficiary ILGA-Europe, operating grant VS/2010/158 ('the grant'). The application is available at http://www.asktheeu.org/en/request/audit...

I would appreciate if DG JUST would provide me copies of the following documents:

1. The documents DG JUST drew up as contractual correspondence of the grant. This request is about documents bearing a hand-written signature of a DG JUST official and not about email correspondence.

2. The email with which DG JUST notified ILGA-Europe about the conduct of the on-the-spot check and annexes or attachments thereto.

3. The manuals, handbooks or equivalent according to which DG JUST carried out the check and drew up the final report (preparation, conduct on-the spot, compilation of the audit file, assessment of the audit evidence, drawing up of the final report).

4. The code of conduct of DG JUST officials and the beneficiary (if it exists) regarding the on-the-spot checks and audits of DG JUST.

5. The statement of contents (if it exists) of the VS/2010/158 on-the-spot check administrative file.

6. An extract from the VS/2010/158 grant agreement with the contractual provisions about the on-the-spot checks and audits. It is clarified that this is not a request about the entire grant agreement.

As I am not requesting the transfer of personal data, the parts of the documents protected by article 4(1)(b) of Regulation No 1049/2001 are to be expunged.

Yours faithfully,

Mr. Charilaos. DROSOS

Mr. Charilaos. DROSOS

Dear Justice (JUST),

According to the content of the asktheeu.org website DG JUSTICE has not registered the application submitted on 7 October 2013. This is in spite eight working days having run from the date on which the application was submitted.

I would therefore appreciate if DG JUSTICE would register the application without additional delays.

Yours faithfully,

Mr. Charilaos DROSOS

Justice and Consumers

Dear Mr Drosos,

We refer to your e-mail dated 07/10/2013 in which you make a request for access to documents, registered on 08/10/2013 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 30/10/2013.

An extended time limit is needed as your application concerns a large number of documents.

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 22/11/2013.

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

Yours faithfully,
JUST ACCESS TO DOCUMENTS

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Justice and Consumers

6 Attachments

Dear Mr. Drosos,
 
We refer to your e-mail dated 7/10/2013 in which you make a request for
access to documents, registered on 9/10/2013 under the above mentioned
reference number.
 
Your application (points 1-6) concerns the following documents:
 
1. The documents DG JUST drew up as contractual correspondence of the
grant. This request is about documents bearing a hand-written signature of
a DG JUST official and not about email correspondence.
 
Answer of DG JUST:
The documents drawn as contractual correspondence and bearing the
signature of a Commission official are as follows:
a)      Notification letter and the specific grant agreement 
b)      Cover letter for the final audit report (regarding the audit
report partially released in reply to request GestDem 2013/3477)
c)      Debit note following the aforesaid ex-post audit 
 
Please find these documents enclosed:
2. The email with which DG JUST notified ILGA-Europe about the conduct of
the on-the-spot check and annexes or attachments thereto.
 
Answer of DG JUST:
Please find a scanned copy of the relevant e-mails  enclosed.
3. The manuals, handbooks or equivalent according to which DG JUST carried
out the check and drew up the final report (preparation, conduct on-the
spot, compilation of the audit file, assessment of the audit evidence,
drawing up of the final report).
 
Answer of DG JUST:  The only document we have identified as relevant under
this point of your inquiry is the Control Manual for Ex-Post Controls for
Programmes Managed under Direct Management Mode, enclosed below.
 
 
4. The code of conduct of DG JUST officials and the beneficiary (if it
exists) regarding the on-the-spot checks and audits of DG JUST.
 
Answer of DG JUST:
No such document exists and therefore we are not in a position to disclose
it to you.
 
5. The statement of contents (if it exists) of the VS/2010/158 on-the-spot
check administrative file.
 
Answer of DG JUST:
No such document exists and therefore we are not in a position to disclose
it to you.
 
6. An extract from the VS/2010/158 grant agreement with the contractual
provisions about the on-the-spot checks and audits. It is clarified that
this is not a request about the entire grant agreement.
 
Answer of DG JUST:
Please note that the VS/2010/158 specific grant agreement was concluded in
the context of the partnership established between the parties by
framework partnership agreement No. EMP.VS/2007/0655. The contractual
provisions related to checks and audits are included in this partnership
agreement. We enclose the relevant section (page 25, Art.  II.20 Checks
and Audits).  
 
Furthermore, kindly note that – in accordance with your explicit request –
personal data protected by article 4(1)(b) of Regulation No 1049/2001 are
expunged from the documents enclosed. Furthermore,  these documents cannot
be reproduced or disseminated for commercial purposes without prior
consent given by the Commission.  
 
Best Regards
The PROGRESS Programme Team
 
 

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Mr. Charilaos. DROSOS

Dear Justice (JUST),

I would like to sincerely thank the PROGRESS Programme Team for having fully disclosed the requested documents, expunging only the parts covered by article 4.1.b of Regulation 1049/2001.

I noticed that in its last page the Control Manual of the Ex-post Controls lists 19 documents as annexes; for instance, Annex 14 is the 'Mission guide'. As annexes to a document are arguably an integral part of it, I would be obliged if DG JUST would fully disclosed them also.

I am looking forward to receiving the 19 Annexes.

Yours faithfully,

Mr. Charilaos. DROSOS

Justice and Consumers

1 Attachment

Dear Mr Drosos,

 

Please find enclosed the complementary information you requested following
your initial request, registered on 9/10/2013 under the above mentioned
reference number.

 

All annexes to the ex-post control manual (22 in total) have been enclosed
in the zip file. In accordance with your explicit request, personal data
protected by article 4(1)(b) of Regulation No 1049/2001 are expunged from
the documents enclosed, where applicable. Furthermore, these documents
cannot be reproduced or disseminated for commercial purposes without prior
consent given by the Commission. 

 

Kind regards,

The PROGRESS Programme Team

 

 

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Mr. Charilaos. DROSOS

Dear Justice (JUST),

The prompt release of the annexes to the Control Manual for Ex post Controls is highly appreciated.

Once more, I would like to thank DG JUST for its exemplary handling of my application under Regulation 1049/2001.

Yours faithfully,

Mr. Charilaos. DROSOS