Samsom notifications article 12b staff regulations (new attempt)
Dear Madam, Sir,
On 25 January 2024, the European Commission registered my access to documents request, relating to notifications done by Mr Diederik Samsom, under case number 2024/0438. On 4 March 2024, the Commission (HR F.5. - Ethical conduct unit) replied with a negative reply, because the request did not include a specific purpose in the public interest for transmitting the personal data.
I am now submitting a new request, including arguments why in this specific case transmitting personal data has a specific purpose in the public interest. Rather than sending a confirmatory application, it is a new initial request because I would like to broaden the scope, and include all notifications done until today, 19 March 2024.
So, 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 documents, including but not limited to e-mails, letters, notes, forms, related to any request by cabinet member Diederik Samsom to engage in any outside activity, dated 1 January 2023 until 19 March 2024. This should include any requests/notifications made under Article 12b of the EU staff regulations, any assessments by the Appointing Authority, and its potential permission(s). And it should include any notifications on post-employment occupational activity made under Article 16 of the EU staff regulations, any assessments by the Appointing Authority, and its potential permission(s).
Only digital copies are required, please consider the environment by not sending me any physical mail.
I am of course available to clarify my request further if needed. However, I would expect there not to be too many problems, since a new search for documents is only required for the period between 25 January 2024 and 19 March 2024.
I acknowledge that any such documents, including the notification identified by the Commission in its reply to request 2024/0438, will contain personal data. However, I believe there is a specific purpose in the public interest for releasing the information.
The provisions on post-employment occupational activities (article 16), and on side activities (article 12b) of the EU's staff regulations have been introduced to prevent conflicts of interests, and to assure EU citizens that EU staff serve in the public interest.
However, those provisions alone are not always sufficient to guarantee that they are followed. This sometimes can only be determined if investigative journalists like myself have access to related documents.
A prime example of this, is the case of former European Defence Agency Chief Executive Jorge Domecq. In the 12 months after his departure from the EDA, he took a senior position at Airbus, in a role that included lobbying. It was only after my access to documents request to the EDA, that it could be estbalished that Mr Domecq had not received permission from the High Representative *before* starting his new position, and that he had violated the staff regulations.
This article (https://www.ftm.eu/articles/former-eu-de...) triggered the European Ombudsman to open an investigation into the authorisation procedure. The Ombudsman concluded the case (OI/3/2021/KR ) with a finding of maladministration by the EDA. (https://www.ombudsman.europa.eu/en/case/...)
Furthermore, the Ombudsman gave the EDA recommendations on how to prevent future risks of conflict with the EDA's legitimate interest. The EDA followed a number of these recommendations, improving the process.
In short, the transparency of the documents on the application of a request under the staff regulations, led to a more robust legal framework that may help prevent future breaches. If that does not constitute as a valid purpose which is in the public interest, I do not know what would.
By analogy, I believe that transparency regarding Mr Samsom's authorisation request(s) would benefit the EU, as it would a) either show that he followed the rules, which would be good for EU citizens' trust, or b) that he did not follow the rules, in which case a public debate about this can lead to an improvement of the procedural framework.
Sincerely
Peter Teffer
Follow the Money
Overtoom 197
1054HT Amsterdam
The Netherlands
Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
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Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 19/03/2024 and registered on 19/03/2024 under the case number
2024/1515.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 12/04/2024. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
References
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Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/1487.
Please acknowledge the receipt of this message by return email.
Kind regards,
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2024/1487, sent on 11/04/2024 and registered on 11/04/2024.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 03/05/2024. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Peter left an annotation ()
This acknowledgement is for the confirmatory application regarding the OIOO source code
Dear Mr Teffer,
We refer to your email, registered on 11 April 2024, 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 ("Regulation (EC) No 1049/2001"), registered
under reference number above.
Your confirmatory application is currently being handled.
Unfortunately, we have not yet been able to finalise the internal
consultations needed to carry out a full analysis of your request and to
take a final decision. Therefore, we are not in a position to reply to
your confirmatory request within the prescribed time limit which expires
on 3 May 2024. Consequently, we have to extend this period by another 15
working days in accordance with Article 8(2) of Regulation (EC)
No1049/2001. The new deadline expires on 28 May 2024.
We regret this additional delay and sincerely apologise for any
inconvenience this may cause. However, we can assure you that we are doing
our utmost to provide you with a final reply as soon as possible.
Yours sincerely,
SG.C1 ACCESS TO DOCUMENTS TEAM
Dear Mr Teffer,
Please find in attachment the reply to your request for access to documents ref. EASE 2024/1515.
With best regards,
HR F.5 - Ethical Conduct
Dear TEFFER, Peter,
Please find attached the electronic version of European Commission
Decision C(2024)4470 as adopted by the European Commission on 20/06/2024
concerning the request 2024/1487.
In accordance with the Terms and Conditions of this portal, please note
that this decision is being formally notified pursuant to article 297 TFEU
through this electronic platform only.
Yours sincerely,
SG.C.1 - Access to documents team
Peter left an annotation ()
Last reply is related to different request: ‘the source code of the ‘one in one out’ calculator’.
Peter left an annotation ()
reply on 11 April is related to a different request, on the one in one out calculator