EU Staff Regulation - article 11a and 16 dealing with pre and post-employment conflict of interest

Secretariat General of the European Commission has replied saying you have to contact another public body.

Dear Secretariat General (SG),

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:

* all correspondence between Commission President Barroso or his Cabinet and Mr Adrian Barnett (whether in his previous role as European Commission`s Head of Human Resources or his current role as Legal Adviser of European Commission's Investigation and Disciplinary Office (IDOC) or in any other capacity), from January 1st 2012 onwards;

* all minutes of meetings between Commission President Barroso or his Cabinet and Mr Adrian Barnett (whether in his previous role as European Commission`s Head of Human Resources or his current role as Legal Adviser of European Commission's Investigation and Disciplinary Office (IDOC) or in any other capacity), from January 1st 2012 onwards.

* all logs (and if available: notes) of phone calls between Commission President Barroso or his Cabinet and whether in his previous role as European Commission`s Head of Human Resources or his current role as Legal Adviser of European Commission's Investigation and Disciplinary Office (IDOC) or in any other capacity), from January 1st 2012 onwards; relevant information and documents about alleged conflict of interest (“revolving doors”) between past and current job position.

*relevant information about Mr Adrian Barnett presence at public hearings held in an EU Court Room on 2nd May 2013 (whether that presence was on EC behalf). If yes, all and any relevant info and documents related to the mandate given by EC to Mr Adrian Barnett. If not, please refer this question to relevant body or organization.

* information and relevant documents related to state of the modification procedure of the EU Staff Regulation, particularly article 11a and article 16 ref. pre and post-employment conflict of interest.

* information and relevant documents related to investigation launched on January/February 2013, concerning the alleged failure of the European Commission to implement rules in its internal staff regulation in revolving door cases.

Yours faithfully,

Kurt Weiss

Secretariat General of the European Commission

1 Attachment

 
Dear Sir Weiss,
 
Thank you for your e-mail dated 29/05/2013 to the SG ACCES DOCUMENTS
mailbox.  We hereby acknowledge receipt of your application for access to
documents, which was registered on 31/05/2013 under reference number
GestDem 2013/2898. Your request will be dealt with three different
services of DG HR. Each one will give you a separate reply for the same
expiration date.
 
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
21/06/2013. In case this time limit needs to be extended, you will be
informed in due course.
 
Yours faithfully,
 
 
 
HR ACCESS TO DOCUMENTS
 
European Commission
DG Human Resources and Security
Unit R.1
B-1049 Brussels/Belgium
[1][email address]
 
 
 

References

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EC ARES NOREPLY, Secretariat General of the European Commission

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

Dear Sir,

We refer to your e-mail dated 29/05/2013 in which you make a request for
access to documents, registered on the same day 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 21/06/2013.

An extended time limit is needed as your application as the application
concerns the domains of 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 11/07/2013. We
apologize for this delay and for any inconvenience this may cause.

Yours faithfully,

JACEK KOZAK
Legal Officer
 
European Commission
Directorate-General Human Resources and Security
Unit D1 European Civil Service Law and Social Dialogue

SC 11 5/53
B-1049 Brussels/Belgium
+32 (0) 2.299.03.66
[1][email address]
Please consider not printing this email

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EC ARES NOREPLY, Secretariat General of the European Commission

2 Attachments

Link: [1]File-List
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Sent by KOZAK Jacek (HR) <[email address]>. All responses
have to be sent to this email address.
Envoyé par KOZAK Jacek (HR) <[email address]> . Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

We refer to your e-mail dated 29/05/2013 in which you make a request for
access to documents, registered on the same day under the above mentioned
reference number. The time limit needed to handle your application has
been extended to 11/07/2013, as it concerns the domains of different
services which must have been consulted.

We enclose a copy of the following documents requested:

-          in reply to sixth point of your request - Ombudsman's press
release Press release no. 4/2013 of 14 February 2013;

 

-          in reply to fifth point of your request - position of the
European Parliament on the Commission Proposal amending the Staff
Regulations adopted on 2 July 2013 available also on the
europarl.europa.eu:

 

[5]http://www.europarl.europa.eu/sides/getD...

 

Please note that the relevant text of the Regulation amending the Staff
Regulations  will become definitive if the Council approves formally the
position adopted by the European Parliament in the first reading of the
ordinary legislative procedure.

Regarding two first points of your request, please be informed that a
final reply of all consulted services has to be delivered. On these points
we will come back to you with the Commission's reply within the shortest
delay possible. We apologize for this delay and for any inconvenience
this may cause.

On third and fourth point of your request, we regret to inform you that no
documents were found that would correspond to the description given in your
application. We are, therefore, unable to handle your application.
Concerning the part of fifth point of your request referring to any
documents of the Court of Justice of the EU, you're kindly advised to
contact this institution directly.

Yours faithfully,

JACEK KOZAK
Legal Officer
 [6]cid:image001.gif@01CE5BC6.9AB3CD10
European Commission
Directorate-General Human Resources and Security
Unit D1 European Civil Service Law and Social Dialogue

 

From: EC ARES NOREPLY [mailto:[email address]]
Sent: Friday, June 21, 2013 6:17 PM
To: [FOI #517 email]
Cc: HR ACCESS TO DOCUMENTS
Subject: Ares(2013)2454204 - Your application for access to documents –
Ref GestDem 2013-2898

 

Sent by KOZAK Jacek (HR) <[7][email address]>. All
responses have to be sent to this email address.

Envoyé par KOZAK Jacek (HR) <[8][email address]> . Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

We refer to your e-mail dated 29/05/2013 in which you make a request for
access to documents, registered on the same day 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 21/06/2013.

An extended time limit is needed as your application as the application
concerns the domains of 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 11/07/2013. We
apologize for this delay and for any inconvenience this may cause.

Yours faithfully,

JACEK KOZAK
Legal Officer
 
European Commission
Directorate-General Human Resources and Security
Unit D1 European Civil Service Law and Social Dialogue

SC 11 5/53
B-1049 Brussels/Belgium
+32 (0) 2.299.03.66
[9][email address]
Please consider not printing this email

show quoted sections

EC ARES NOREPLY, Secretariat General of the European Commission

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

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

Dear Sir,

As a follow-up to my previous e-mail please note that we have now received
the reply from all consulted services.

Regarding two first points of your request, we regret to inform you that
no documents were found that would correspond to the description given in
your application. We are, therefore, unable to handle your application.

Yours faithfully,

JK

 

References

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1. file:///tmp/cid:filelist.xml@01CE7F2F.4FB9CC10
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~

Dear Secretariat General (SG),

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

I am writing to request an internal review of Secretariat General (SG)'s handling of my FOI request 'EU Staff Regulation - article 11a and 16 dealing with pre and post-employment conflict of interest'.

I would be grateful if you could provide me access to relevant documents and information showing if Mr Adrian Barnett (a former senior staff of European Commission, i.e. Head of Department of European Commission Human Resources)ceased his employment contract with EC. If yes, when this happened?

If contract ceased, is Mr Adrian Barnett still a collaborator of European Commission /IDOC (in receipt of part time amounts/salary)?

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

Yours faithfully,

Kurt Weiss

Secretariat General of the European Commission

2 Attachments

Dear Mr Weiss,

 

Please find enclosed the answer to your e-mail below.

Yours sincerely,

 

Paul SIMON
European Commission - Secretariat General
Unit SG.B.5, Transparency

[1]cid:image001.gif@01CE8C78.2693FD00

 

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Dear Secretariat General (SG),

This is a reminder that I did not receive the reply of DG HR as mentioned on your last letter nr 2898 of 32 July 2013 (above).

Yours faithfully,

Kurt Weiss

Secretariat General of the European Commission

L'activité des services de la Commission européenne étant réduite durant
le mois d'août, vos demandes d'accès aux documents seront traitées dans
les meilleurs délais. Toutefois, certains retards peuvent se produire, en
particulier lorsque le traitement des données exige la consultation des
administrations nationales, d’organisations extérieures ou d’autres
services.

*  *  *

Die Tätigkeiten der Dienststellen der Europäischen Kommission sind im
August reduziert; Ihre Anträge auf Zugang zu Dokumenten werden dennoch so
schnell wie möglich bearbeitet. Allerdings können Verzögerungen auftreten,
insbesondere wenn die Berarbeitung der Anträge die Konsultierung der
nationalen Verwaltungen, externer Organisationen oder anderer
Dienststellen erforderlich macht.

* *  *

The activity of European Commission departments is likely to be reduced
during August.  We will handle  your requests for access to documents as
soon as possible.  However, some delays may occur, especially where the
processing of data requires the consultation of national administrations,
external organisations or other services.

Secretariat General of the European Commission

2 Attachments

Dear Mr Weiss,

 

I present you my apologies for my lack of follow-up of your request.

In the letter of Mr Szlaszewski dated 29/07/2013 and sent to you on
31/07/2013 (see annex), it was announced that your new request will be
sent to DG HR in order to deal with it.

Despite the fact that DG HR was in copy of my e-mail of 31/07/2013, I
forgot to register and to attribute your new request for access to
documents.

I hereby acknowledge receipt of your request for access to documents
(ref.: gestdem 2013-4291).

In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
response to your request within 15 working days (13/09/2013).

 

Yours sincerely,

 

Paul SIMON
European Commission - Secretariat General
Unit SG.B.5, Transparency

 

show quoted sections

Kurt Weiss left an annotation ()

deadline = 13/09/2013

EC ARES NOREPLY, Secretariat General of the European Commission

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

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

Dear Sir,

 

We refer to your e-mail dated 22/08/2013 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 on 13/09/2013.

 

An extended time limit is needed as your application as the application
concerns the information on which prior consultations are required by law.
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 03/10/2013.

 

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

 

Yours faithfully,

JK

 

 

 

References

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1. file:///tmp/cid:filelist.xml@01CEB0B9.440D6550
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~

Dear Secretariat General (SG),

I received your email of 13 September 2013 and take note about this new extension - 03 October 2013.
I would appreciate if you could confirm or infirm if Mr Adrian Barnett still work for the Commission disciplinary actions department on part time regime (collaborator).

Yours faithfully,

Kurt Weiss

EC ARES NOREPLY, Secretariat General of the European Commission

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

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

Dear Sir,

 

We refer to your e-mail dated 22/08/2013 in which you make a request for
access to documents registered under the above mentioned reference number.
An extended time limit was needed as your application concerned the
information on which prior authorisation is required by law.

 

Please note that publicly available data about active staff of the
Commission can be found on the Commission website – Commission Directory.

 

[4]http://ec.europa.eu/staffdir/plsql/gsys_...

 

Please note that the personal data related to private individuals is
protected by Article 4(1) (b) of Regulation (EC) No 1049/2001 and Article
8(b) of Regulation (EC) No 45/2001.

 

Yours sincerely,
JK

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01CEC062.46433260
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. http://ec.europa.eu/staffdir/plsql/gsys_...