Investigations into EU private security contractors 2015-2021

Maximilian Henning made this acceso a documentos request to Oficina Europea de Lucha contra el Fraude

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

La solicitud fue rechazada por Oficina Europea de Lucha contra el Fraude.

Dear European Anti-Fraud Office,

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:

A list of all investigations OLAF has conducted against companies contracted by the European Union for providing security services, for example for EU delegations abroad or as part of the Common Security and Defence Policy, between 2015 and 2021.

Yours faithfully,

Maximilian Henning

OLAF-FM-D2@ec.europa.eu, Oficina Europea de Lucha contra el Fraude

Dear Mr Henning,

 

Thank you for your request of 23 February 2022 for public access to
documents.

 

Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements.

 

Please send us your full postal address at your earliest convenience.

 

 

Yours faithfully,

 

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate D – General Affairs
Unit D.2 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)

[1]http://ec.europa.eu/anti_fraud

Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...

 

References

Visible links
1. http://ec.europa.eu/anti_fraud
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Dear [email address],

my postal address is as follows:

Maximilian Henning
Cava de San Miguel 8
4º centro
28005 Madrid
Spain

Yours sincerely,

Maximilian Henning

OLAF-FM-D2@ec.europa.eu, Oficina Europea de Lucha contra el Fraude

Dear Mr Henning,

 

Thank you for your email of 25 February 2022, in which you sent us your
postal address. We hereby acknowledge receipt of your application for
access to documents, which was registered on 2 March 2022, under reference
number Ares(2022)1539190.

 

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 18
March 2022. 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,

 

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate D – General Affairs
Unit D.2 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)

[1]http://ec.europa.eu/anti_fraud

Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...

 

References

Visible links
1. http://ec.europa.eu/anti_fraud
2. http://ec.europa.eu/anti_fraud/about-us/...

OLAF-FM-D2@ec.europa.eu, Oficina Europea de Lucha contra el Fraude

1 Adjuntos

Dear Mr Henning,

 

Please find enclosed a reply to your application for public access to
documents.

 

Due to the current exceptional circumstances, OLAF will not send you a
copy of the attached reply by registered post. Therefore, we kindly
request you to acknowledge receipt of this email.

 

Yours sincerely,

 

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate D – General Affairs
Unit D.2 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)

[1]http://ec.europa.eu/anti_fraud

Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...

 

References

Visible links
1. http://ec.europa.eu/anti_fraud
2. http://ec.europa.eu/anti_fraud/about-us/...

Dear [email address],

Thank you for your March 17 reply to my February 23 access to documents request. I had requested:

"A list of all investigations OLAF has conducted against companies contracted by the European Union for providing security services, for example for EU delegations abroad or as part of the Common Security and Defence Policy, between 2015 and 2021."

You replied that this request could not be granted since OLAF does not hold such a list. You elaborated on court rulings regarding "normal or routine" searches in authorities' database, the results of which are considered documents falling under the right to access documents. You also wrote that the "routine" character is determined by whether such a document has been made available to end users.

Since I don't immediately want to take the step of filing a confirmatory application, I was wondering whether it would perhaps be possible to find search criteria for OLAF's OCM database that fall under this routine character. For example, I noticed in a prior access to documents request (https://www.asktheeu.org/en/request/olaf...), you granted a requester access to a list of investigations OLAF had conducted that included the data field "Recipient of recommendation". Would an OCM search for investigations begun 2015-2021 for which the recipient was the European Union External Action Service be considered a routine search? If yes, I would be glad if you could consider my request to concern this document. If not, I would be glad about any further information you might be willing to provide regarding possibilities to access the database.

Yours sincerely,

Maximilian Henning

Dear European Anti-Fraud Office,

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 'Investigations into EU private security contractors 2015-2021'.

On February 23, I had requested “a list of all investigations OLAF has conducted against companies contracted by the European Union for providing security services, for example for EU delegations abroad or as part of the Common Security and Defence Policy, between 2015 and 2021.”

On March 17, you replied to my request, stating that OLAF does not hold such a list in its OCM database. You elaborated on court rulings regarding “normal or routine” searches in authorities’ database, the results of which are considered documents falling under the right to access documents. You also wrote that the “routine” character is determined by whether such a document has been made available to end users.

On March 18, I sent a further message inquiring about whether you could further specify what search terms in the OCM database could be considered a routine search. I did not receive a reply to this message.

I would like to ask you to reconsider your decision regarding my access to documents request for the following reason: Assistance on specifying my request was not provided according to Regulation 1049/2011.
You stated in your reply that the information requested by me is stored in OLAF’s database OCM. The question of whether it can be subject to my access for documents request therefore seems to be a question of performing a search in OCM.

As I am not familiar with the operation of OCM, I cannot formulate my request in such a way that it conforms with the search capabilities of the database. In your reply to my request, you stated that “the information requested by you, if it exist, would be located in different documents, registered in different files of different investigations carried out by different investigators independently.” You did not elaborate on the search capabilities of OCM in a way that assisted me in specifying my request.

Following your negative reply to my initial request, I sent another message requesting assistance on clarifying my request. In this message, I inquired about information about how OCM can be searched and offered to clarify my request in a way that would conform with OCM’s capabilities. Since I did not receive a reply to this message, I was unable to clarify my request.

I am still willing to clarify my request in such a way that it conforms with the search capabilities of OCM, which would allow you to perform a routine search, the results of which could, as a document, be identified as the subject of my request. I would be willing to consider several alternatives to my original request:

- As already proposed, earlier documents released by OLAF (https://www.asktheeu.org/en/request/olaf...) as well as OLAF’s yearly reports (https://ec.europa.eu/anti-fraud/about-us...) seem to indicate that investigation files contain information on the recipients of recommendations. Since I am primarily interested in investigations concerning the European Union External Action Service, I would be willing to specify my request to concern a list of investigations for which the recipient was the EEAS.
- Alternatively, I would also be willing to specify my request to concern a list of investigations concerning some private security companies, for example containing one of their names: Page Protective Services, GardaWorld, Amarante International, G4S and Securitas.
- Another alternative would be a list of investigations concerning events outside of the EU, since I am interested in contracts given out by the EEAS to private security companies regarding EU delegations outside of Union territory.

All of these would be for a timespan from 2015 to 2021. Alternatively, I would be glad about any further assistance you could provide me on specifying my request to conform with the search capabilities of OCM.

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

Yours faithfully,

Maximilian Henning

OLAF-FM-D2@ec.europa.eu, Oficina Europea de Lucha contra el Fraude

Dear Mr Henning,

We hereby acknowledge receipt of your request dated 29 March 2022, which was registered under reference number ARES(2022)2987465.

Your message concerns several requests:

(1) A confirmatory application, asking for the review of OLAF's reply of 17 March 2022 to your request of 27 February 2022.

(2) A new request for access to documents linked with your request for information dated 18 March 2022, which will be treated jointly, concerning:

“list of investigations for which the recipient was the EEAS.
- Alternatively, I would also be willing to specify my request to concern a list of investigations concerning some private security companies, for example containing one of their names: Page Protective Services, GardaWorld, Amarante International, G4S and Securitas.
- Another alternative would be a list of investigations concerning events outside of the EU, since I am interested in contracts given out by the EEAS to private security companies regarding EU delegations outside of Union territory.

All of these would be for a timespan from 2015 to 2021.”

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, both your confirmatory application, as well as your new request for access to documents will be handled within 15 working days. The time limit will expire on 22 April 2022. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate D – General Affairs
Unit D.2 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium) http://ec.europa.eu/anti_fraud

Our policy regarding personal data protection can be viewed on http://ec.europa.eu/anti_fraud/about-us/...

OLAF-FM-D2@ec.europa.eu, Oficina Europea de Lucha contra el Fraude

Dear Mr Henning,

We refer to your (1) initial application for public access to documents and your (2) confirmatory application reviewing OLAF's reply of 17 March 2022 to your request of 27 February 2022, both dated 29 March 2022 and registered in OLAF under reference number ARES(2022)2987465.

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.

An extended time limit is needed for necessary consultations with other Commission services.

Therefore, we have to extend the time limit with 15 working days in accordance with Articles 7(3) and 8(2) of Regulation (EC) N° 1049/2001 regarding public access to documents. The new time limit will expire on 16 May 2022.

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

Yours sincerely,

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate D – General Affairs
Unit D.2 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium) http://ec.europa.eu/anti_fraud

Our policy regarding personal data protection can be viewed on http://ec.europa.eu/anti_fraud/about-us/...

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OLAF-FM-D2@ec.europa.eu, Oficina Europea de Lucha contra el Fraude

Dear Mr Henning,

OLAF is working in your reply and will send it to you as soon as it is finished.

We apologise for any inconvenience this may cause.

Yours sincerely,

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate D – General Affairs
Unit D.2 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium) http://ec.europa.eu/anti_fraud

Our policy regarding personal data protection can be viewed on http://ec.europa.eu/anti_fraud/about-us/...

OLAF-FM-D2@ec.europa.eu, Oficina Europea de Lucha contra el Fraude

1 Adjuntos

Dear Mr Henning,

Please find attached the reply of OLAF’s Director General to your confirmatory application.

Yours sincerely,

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate D – General Affairs
Unit D.2 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium) http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on http://ec.europa.eu/anti_fraud/about-us/...