Staff Regulations Article 16, Petra Erler

Vicky Cann made this access to documents request to Human Resources and Security

The request was successful.

From: Vicky Cann

Delivered

Dear Human Resources and Security (HR),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I would like to request all documentation relating to Commission decisions made about the external activities by the former DG-Enterprise and Industry Head of Cabinet, Dr Petra Erler. Specifically, I would like to receive all of the documents which relate to her application for permission to undertake new external activities under Article 16 of the Staff Regulations. This would include: a copy of her original application; documents relating to the internal Commission consultation on this; and any correspondence at the time and since then with Dr Erler on this matter.

Yours faithfully,

Vicky Cann

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Human Resources and Security


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Dear Madam Cann,
 
Thank you for your  e-mail dated 31/05/2012.  We hereby acknowledge
receipt of your application for access to documents, which was registered
on 31/05/2012 under reference number GestDem 2012/2690.
 
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
22/06/2012. 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
[email address]
 
 
 
 
 

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From: EC ARES NOREPLY
Human Resources and Security

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Dear Ms Cann,

I reply to your email of 1 June 2012 in which you request, referring to
Regulation (EC) No 1049/2001, "all documentation relating to Commission
decisions made about external activities by the former DG Enterprise and
Industry Head of Cabinet, Dr. Petra Erler.  Specifically, you would like
to receive all of the documents which relate to her application for
permission to undertake new external activities under Article 16 of the
Staff Regulations.  This would include: a copy of her original
application; documents relating to the internal Commission consultation on
this; and any correspondence at the time and since then with Dr Erler on
this matter".

I note that this is the third time this question is addressed to the
Commission. I refer to the replies already sent under GESTDEM 2011/258 and
GESTDEM 2011/5579. I underline that to our knowledge, there has been no
correspondence or contact between the Commission and Mrs Erler since 7
October 2010.

Yours truly,

On behalf of Mrs Thinam JAKOB, Head of Unit HR.B.1

Christine SCHAUWERS

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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error, please notify us immediately by return of this e-mail.  This
communication does not constitute any formal commitment on behalf of the
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From: Vicky Cann

Delivered

Dear Human Resources and Security (HR),

Thanks for your reply dated 13 June 2012.

As I understand it, 2011/5579 was tabled by Friends of the Earth Europe (not by me) and asked for "information with regards to all the contacts, including correspondence and emails, held between the European Commission and Mrs Petra Erler, since 7th October 2010 - date of the European Commission letter to Mrs Erler, outlining the conditions of the approval of her move from the European Commission to the European Experience Company - and that relates to:
- Any matter regarding the conditions of the approval of Mrs Erler's move, as detailed in the letter of 7th October 2010;
Any implementation issue of the conditions detailed in the letter mentioned above and that relates to article 16 and/or 17, and/or 19 of the Staff Regulations of the European Communities."

In fact I was fully aware of this request when I tabled my request 2012-2690. 2011-5579 does not adequately cover all the information which I had requested.

Firstly, I asked for material held prior to 7 October 2010 which is not covered by 2011-5579 including “a copy of her original application; documents relating to the internal Commission consultation on this; and any correspondence at the time”.

Secondly, I also asked for material held since 7 October 2010, because it is more than 6 months since 2011-5579 was tabled and in fact since this time, the 18 month conditions imposed on Dr Erler have ended. As she was invited to approach the Commission about any future work which might invoke the risk of a conflicts of interest, I was interested to know whether she had done so. I assume that when you wrote to me on 13 June 2012 to say that the Commission had not had any subsequent correspondence with Dr Erler on this matter, that this information is up to date?

I am afraid that I cannot find a trace of 2011-258. I can confirm that FoEE asked an additional access to documents request about Dr Erler in early January 2011 but I cannot see a reference number attached to the response they received from the Commission. This request resulted in FoEE receiving a copy of a letter from the Commission to Dr Erler dated 7 October 2010 which I can confirm I have seen, but again, there is not the wider correspondence which I have requested in my request 2012-2690.

As a result, I consider my access to documents request 2012-2690 still open. Please clarify whether it is still open with you, or whether you have closed it. At this stage, I do not consider that I have received the information requested.

Please note that I make this application through Ask the EU and one of the purposes of Ask the EU is to avoid duplicate requests in the future as the information is stored publicly.

I look forward to hearing from you.

Yours faithfully,

Vicky Cann

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From: EC ARES NOREPLY
Human Resources and Security


Attachment Ares 2011 111156 annexes.pdf
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Attachment Ares 2011 111156.tif
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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 dated 18 June, concerning GESTDEM CANN 2012-2690 -
Staff Regulations Art. 16 - Petra ERLER - in which you point out that you
were aware of the previous request 2011-5579 and its reply but that you
have remaining questions.

Firstly, you ask for material prior to 7 October 2010 which is not covered
by 2011-5579, including "a copy of Mrs Erler's original application;
documents relating to the internal Commission consultation on this; and
any correspondence at the time".   You will find the answer to this in our
reply to request for access to documents 2011-258, and as you cannot
retrieve the references of this request, I enclose the full reply.

Secondly, your question concerns material since 7 October 2010.  The
situation since our reply of 17 November 2011 to request for access to
documents 2011-5579 has remained unchanged.  We are not aware of any new
correspondence after 7 October 2010 between Mrs Erler and the European
Commission on future work which might invoke a risk of a conflict of
interest.  I confirm that the information in my reply of 13 June 2012 is
up to date and that your request for access to documents 2012-2690 is
closed by this email of 13 June 2012.

Yours sincerely,

On behalf of Mrs Thinam JAKOB, Head of Unit HR.B.1

Christine SCHAUWERS
European Commission
HR.B.1 - Ethics
SC11 3/34
Tel. +32 2 29 50198
email: [email address]

This message is intended for the use of the addressee only and may contain
information that is privileged and confidential.  If you are not intended
recipient, you are notified that any dissemination of this communication
is strictly prohibited.  If you have received this communication in error,
please notify us immediately by return of this e-mail.
This communication does not constitute any formal commitment on behalf of
the Commission.

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