Dear Human Resources and Security,

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
- number of candidates for promotions although they have disciplinary or criminal proceedings

Yours faithfully,

Laura Tetic

Human Resources and Security

Dear Madam,

Thank you for your e-mail of 30 September 2020. We hereby acknowledge receipt of your application for access to documents, which was registered on the same day you sent your request under reference number GESTDEM 2020/5807.

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 October 2020. In case this time-limit needs to be extended, you will be informed in due course.

For information on how we process your personal data visit our page Privacy statement – access to documents.

Yours faithfully,

Access to Documents Team

show quoted sections

ve_hr.ddg.b.2.eval.promo.reclass(HR), Human Resources and Security

1 Attachment

Please find attached document Ares(2020)5678282 from INGESTAD Gertrud (HR) dated 20/10/2020.

Veuillez trouver ci-joint le document Ares(2020)5678282 de INGESTAD Gertrud (HR) daté du 20/10/2020.

Dear Human Resources and Security,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Promotions'.

Until now, you have not provided me with an access to information that I have asked. My request does not concern any sensitive personal information nor individual data.
My request concerns the data that are in your possession: general information about existing procedures applicable to persons with disciplinary or court procedures and statistical data of promotions of persons with such procedures. The European Commission has the good practice of making such kind of data available to the public. It is important for the general public to be able to hold the EU accountable for its activities and use of its ressourses.

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

Yours faithfully,

Laura Tetic

Human Resources and Security

1 Attachment

Dear Laura Tetic,
Thank you for your email dated 22/10/2020, by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG HR
in reply to your initial application GESTDEM 2020/5807.
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 28/10/2020 (Ares(2020)6061400).
Your application will be handled within 15 working days (19/11/2020). In
case this time limit needs to be extended, you will be informed in due
course.
Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. We kindly offer you the possibility to provide us a contact
phone number (by email to [email address]), so that the external
delivery service can contact you in case of absence.
Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service.
 
Best regards,
 
ACCESS TO DOCUMENTS TEAM
 
European Commission
Secretariat-General
Unit C1 – Transparency, Document Management & Access to Documents
[1]HOW WE PROCESS PERSONAL DATA
 
 

show quoted sections

ve_sg.accessdoc (SG), Human Resources and Security

1 Attachment

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

[5]Ares(2020)6873234 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2020/5807 - 1st
holding letter

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

Dear Ms Tetic,

I refer to your e-mail of 22 October 2020, 28 October 2020, by which you
submit a confirmatory application in accordance with Article 7(2) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents[6]^[1] ("Regulation
1049/2001").

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements we need to carry out
a full analysis of your request in order to take a final decision and,
therefore, we are not in a position to reply to your confirmatory request
within the prescribed time limit expiring 19 November 2020. Consequently,
we have to extend this period by another 15 working days in accordance
with Article 8(2) of Regulation 1049/2001. The new deadline expires on 10
December 2020.

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

 

[7]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

SG.C.1 (Transparency, Document Management and Access to Documents)

------------------------

[8][1]      Official Journal L 145 of 31.5.2001, p. 43.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6BDB6.041AC890
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. file:///tmp/foiextract20201118-16013-1yn20xb#_ftn1
8. file:///tmp/foiextract20201118-16013-1yn20xb#_ftnref1

ve_sg.accessdoc (SG), Human Resources and Security

1 Attachment

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

[5]Ares(2020)7504236 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2020/5807 - 2nd
holding letter

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

Dear Ms Tetic,

 

I refer to your email of 22 October 2020, registered on 28 October 2020,
by which you submit a confirmatory application in accordance with Article
8(1) of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001"), registered under reference numbers GESTDEM 2020/5807.

 

We also refer to our holding reply of 18 November 2020, by which the time
limit for replying to your application was extended by 15 working days.
This extended time limit expires on 10 December 2020.

 

We regret to have to inform you that we will not be able to respond within
the extended time-limit. The consultations with the Directorates-General
concerned are still ongoing and therefore we are missing the important
elements needed to carry out a full analysis of your request and to take a
final decision. 

 

However, we can assure you that we are doing our utmost to provide you
with a final reply as soon as possible. We regret this additional delay
and sincerely apologise for any inconvenience this may cause.

 

Yours sincerely,

 

 

María OLIVÁN AVILÉS
Head of Unit

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

SG.C.1 (Transparency, Document Management and Access to Documents)

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6CF10.C3F83BA0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

SG-GREFFE-CERTIFICATION@ec.europa.eu, Human Resources and Security

2 Attachments

Dear Ms Tetic,
 
Please find attached the electronic version of Commission Decision
C(2020)9529, as adopted by the European Commission on 18.12.2020.
 
 
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Human Resources and Security

1 Attachment

Dear Ms Tetic,
 
Our best wishes for the New Year!
 
Unless we are mistaken, we have not received your confirmation of receipt
concerning the message addressed to you on the 22.12.2020.
 
Could you please check and confirm the receipt of the message as well as
the attachment included in the message?
 
Many thanks in advance for your help.
 
Kind regards,
Oana Boldis
 
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
 
_____________________________________________
From: BOLDIS Oana (SG) On Behalf Of SG GREFFE CERTIFICATION
Sent: Tuesday, December 22, 2020 4:13 PM
To: '[FOI #8594 email]'
<[FOI #8594 email]>
Cc: OBLIN Frederic (SG) <[email address]>
Subject: C(2020)9529
 
 
Dear Ms Tetic,
 
Please find attached the electronic version of Commission Decision
C(2020)9529, as adopted by the European Commission on 18.12.2020.
 
 
<< File: C(2020)9529.pdf >>
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [2][email address]
 
 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Dear [email address],

I disagree with your decision about total refusal of access to information or documents that I have asked.
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/prom...
It is contrary to the principles cited in your reply.

T-214/13 - Typke v Commission
52 Next, it must be noted that, under Article 3(a) of Regulation No 1049/2001, a document, for the purposes of that regulation, means ‘any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) concerning a matter relating to the policies, activities and decisions falling within the institution’s sphere of responsibility’, the institution in question being the recipient of the application for access.

53 Notwithstanding that broad definition, which implies in particular that there is no limitation as to the medium of the content in question, it is necessary, according to well-established case-law, to maintain a distinction between the concept of a document and that of information, for the purposes of applying Regulation No 1049/2001.

54 Information may be distinguished from a document, in particular, in so far as it is defined as a data element that may appear in one or more documents. In that respect, since none of the provisions of Regulation No 1049/2001 deals with the right of access to information as such, it cannot be inferred that the public’s right of access to a Commission document, which arises under Article 2(1) of that regulation, implies a duty on the part of the Commission to reply to any request for information from an individual (see, by analogy, order of 27 October 1999 in Meyer v Commission, T‑106/99, ECR, EU:T:1999:272, paragraphs 35 and 36, and judgment of 25 April 2007 in WWF European Policy Programme v Council, T‑264/04, ECR, EU:T:2007:114, paragraph 76).

55 Accordingly, whilst a database, by its very nature, offers significant scope for partial access focusing exclusively on the data likely to be of interest to the applicant, account must also be taken of the fact that, in general terms, according to the case-law, the right of access to documents held by the institutions within the meaning of Article 2(3) of Regulation No 1049/2001 applies only to existing documents in the possession of the institution concerned (Strack v Commission, cited in paragraph 36 above, EU:C:2014:2250, paragraph 38). An application for access that would require the Commission to create a new document, even if that document were based on information already appearing in existing documents held by it, is not, therefore, an application for partial access and does not come within the parameters of Regulation No 1049/2001 (see, to that effect and by analogy, judgment of 26 October 2011 in Dufour v ECB, T‑436/09, ECR, EU:T:2011:634, paragraph 149). That conclusion is implicitly confirmed by the rule in Article 10(3) of that regulation, according to which documents to which access is granted ‘shall be supplied in an existing version and format (including electronically or in an alternative format such as Braille, large print or tape) with full regard to the applicant’s preference’.

56 That consideration, when applied to a case involving databases, means that, in the event of an application for access designed to have the Commission carry out a search of one or more of its databases using search criteria specified by the applicant, the Commission is obliged, subject to the possible application of Article 4 of Regulation No 1049/2001, to accede to that request, if the requisite search can be carried out using the search tools which it has available for the database in question (see, by analogy, Dufour v ECB, cited in paragraph 55 above, EU:T:2011:634, paragraph 150).

Yours sincerely,

Laura Tetic