List of contracts, purchase orders, grants, concluded by FRA with Open University London, UK

La solicitud fue parcialmente exitosa.

Dear European Union Agency for Fundamental Rights,

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:

List of contracts, purchase orders, grants, concluded by FRA with Open University London, UK (contractual sums, contractual duration, dates of entering into force and dates of expiry, list of ongoing contracts).

Yours faithfully,

Kurt Weiss

EU Agency for Fundamental Rights (FRA), Agencia de los Derechos Fundamentales de la Unión Europea

1 Adjuntos

To the attention of:

 

Mr Kurt Weiss

www.asktheeu.org

Vienna, 13 August 2013

2013-incoming-001202

 

Subject: Request for access to documents - List of contracts, purchase
orders, grants, concluded by FRA with Open University London, UK;

 

 

Dear Mr Weiss,

 

We refer to your e-mail of 23 July 2013 in which you make a request for
access to documents under Regulation (EC) No 1049/2001. Your request was
registered under reference number 2013-incoming-001202. 

 

Your application refers to following documents:

 

- “List of contracts, purchase orders, grants, concluded by FRA with Open
University London, UK (contractual sums, contractual duration, dates of
entering into force and dates of expiry, list of ongoing contracts)”.

 

We regret to inform you that after thorough examination of your
application we were unable to identify any documents that would correspond
to the terms of your request as FRA has neither past nor ongoing contracts
with the Open University London, UK.

 

 

Yours sincerely,

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [1]http://fra.europa.eu | [2]Facebook | [3]Twitter |
[4]YouTube | [5]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

The EU as a community of values: safeguarding fundamental rights in times
of crisis - [6]read more in the FRA 2012 Annual Report Focus.

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6. http://fra.europa.eu/en/press-release/20...

Dear EU Agency for Fundamental Rights (FRA),

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:

- FRA Training Policy and Internal Rules for training provided to FRA employees.

Yours sincerely,

Kurt Weiss

Dear EU Agency for Fundamental Rights (FRA),

Additionally to my previous request, I would like to ask access to all documents reflecting payments and/or reimbursements to FRA staff for their University studies at Open University London UK and any other Universities in Europe (please clarify if under EUMC mandate and FRA mandate there were and there are cases when FRA paid and pays for University Studies of its staff in form of Training programmes).
As this request is covered by some restrictions of Regulation (privacy), please make anonymous the names of the students / FRA Staff in the documents I request access. I would like to know the number of FRA students who benefited of such reimbursements, the period of studies, the yearly amounts paid by FRA to its staff-students in order to allow FRA staff-students to pay their studies at Open University London UK or at other universities in Europe, the total amount per students, per year, grand total paid from general budget, List of ongoing reimbursement-claim.
I would like to access information if these amounts are recoverable after finalization studies?
Please attach or indicate the internet link for the legal basis for such reimbursements of University Studies of FRA employees in form of Training programs.

Yours sincerely,

Kurt Weiss

EU Agency for Fundamental Rights (FRA), Agencia de los Derechos Fundamentales de la Unión Europea

8 Adjuntos

To the attention of:

Mr Kurt Weiss

[1]www.asktheeu.org

Vienna, 06 September 2013

2013-outgoing-001470

 

Subject: Request for access to documents - List of contracts, purchase
orders, grants, concluded by FRA with Open University London, UK;

 

 

Dear Mr Weiss,

 

We refer to your e-mail of 23 July 2013, our reply of 13 August and your
email of 15 August amended by additional request of 24 August, in which
you make requests for access to documents under Regulation (EC) No
1049/2001.

 

Having carefully examined your application of 15 and 24 August under the
reference number 2013-incoming-001202, we determined that it refers to the
following documents:

 

1.      Decision HRP-002-2012 FRA Staff Learning & Development Policy

2.      FRA – Staff Learning & Development Guidelines (01/01/2012)

3.      Strategic Learning & Development Framework 2012

4.      Strategic Learning & Development Framework 2013

5.      FRA Study Support Scheme – overview 2009-2013 payments

6.      FRA Strategic Training Framework 2011

7.      Decision No 2003/26 of the Director on Staff Training 

 

We have decided to grant access to these documents, which copies you may
find enclosed. 

 

Some parts of document enlisted under number 5 are blanked out as their
disclosure is prevented by exception to the right of access laid down in
Article 4(1) (b) of Regulation (EC) No 1049/2001.

 

Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a
document has to be refused if its disclosure would undermine the
protection of privacy and the integrity of the individual, in particular
in accordance with Community legislation regarding the protection of
personal data. The applicable legislation in this field is Regulation (EC)
No 45/2001 of the European Parliament and of the Council of 18 December
2000 on the protection of individuals with regard to the processing of
personal data by the Community institutions and bodies and on the free
movement of such data.

 

When access is requested to documents containing personal data, Regulation
(EC) No 45/2001 becomes fully applicable. According to Article 8(b) of
this Regulation, personal data shall only be transferred to recipients if
they establish the necessity of having the data transferred to them and if
there is no reason to assume that the legitimate rights of the persons
concerned might be prejudiced.

 

We consider that, with the information available, the necessity of
disclosing the aforementioned personal data to you has not been
established and that it cannot be assumed that such disclosure would not
prejudice the legitimate rights of the persons concerned. Therefore, we
are disclosing the documents requested expunged from this personal data.

 

Please note that pursuant to Article 7(2) of Regulation (EC) No 1049/2001,
you may make a confirmatory application asking FRA to reconsider its
position. Such a confirmatory application should be addressed within 15
working days upon receipt of this email to FRA general e-mail:
[2]info@fra.europa.eu    

 

Yours sincerely,

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [3]http://fra.europa.eu | [4]Facebook | [5]Twitter |
[6]YouTube | [7]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

FRA online toolkit to help connect public officials at all levels,
[8]available 25 September. 

References

Visible links
1. http://www.asktheeu.org/
2. mailto:[email address]
3. http://www.fra.europa.eu/
4. http://www.facebook.com/fundamentalrights
5. http://twitter.com/#!/EURightsAgency
6. http://youtube.com/user/EUAgencyFRA
7. http://www.linkedin.com/company/eu-funda...
8. http://fra.europa.eu/en/project/2011/joi...

Dear EU Agency for Fundamental Rights (FRA),

Thank you for your reply and the 7 documents disclosed to the public domain.
I would like further to enquire on the following issues:

1. Could you please indicate how many current or past FRA staff cumulating the quality of Students at Open University UK, London and University of London / London School of Economics, mentioned by FRA here in this payments-document http://www.asktheeu.org/en/request/701/r... were previously employees of this Agency mentioned by OLAF in its Report accessible from here http://www.asktheeu.org/en/request/453/r... at pages 4 to 7, Title “Recruitment Issues”.

2. As you can see the Agency`s name was deleted by OLAF due to the privacy issues. I appealed against that deletion because I believe that the name of an agency is not subject of any exceptions provided by Regulation 1049/2001. The OLAF reply is pending to delivery next days.

Nevertheless, already at this stage I would like to ask you if you could confirm the name of that Agency, whose name was deleted by OLAF. Upon a basic research undertaken, it was found that the only EU Agency which announced its closure in 2005, as mentioned by OLAF in its report, was EU Agency for Reconstruction Thessaloniki, Greece.

Could you please confirm or infirm if any of the students to whom FRA reimbursed and reimburses 50% of their university studies, master studies and PhD studies were previously employed at EU Agency for Reconstruction Thessaloniki, Greece (EAR)? Could you also confirm if a part of the leadership of FRA http://fra.europa.eu/en/about-fra/struct... was employed at the same agency, i.e. EAR? Would be possible in this context to grant access to the CV of the Head of Administration, which is not uploaded in FRA website?

3. There is a staff-student mentioned in FRA document http://www.asktheeu.org/en/request/701/r... who follows University of London / London School of Economics. Could you specify the working area at FRA of that staff-student and also of the other students? As a taxpayer who contributes to their individual studies I would like to have access to this information.

4. Would be possible to grant me access to Recommendations, opinions or any other relevant documents containing the position of FRA Staff Committee on FRA Training policy and FRA “Study Support Scheme” and related reimbursements.

5. Finally I would like to request access to any documents related on how FRA ensures the equal treatment in the frame of promotion exercise, when in the Promotion list appears STAFF –STUDENTS like the ones mentioned here http://www.asktheeu.org/en/request/701/r... and REGULAR STAFF (i.e. staff having their university, master of PhD studies completed at the date of recruitment).

Finally I would appreciate to have FRA opinion on these questions:
a) Do you consider legal and in line with EU Legislation to assimilate training with individual university, master and Phd studies? If yes, would be possible to indicate the references of that legislation?
b) Do you consider legal to pay such individual studies from Public Budget? Which are the specific provisions for such payments?
c) Do you consider fair and equal that some of FRA staff have this opportunity to be paid from EU Public budget (so from taxpayers money) for their university, master and PhdD studies and some of staff do not have this opportunity, because they do not need such study payments as they already completed all their studies and were employed at FRA also based on their educational background completed.

I base the legitimacy of my questions on the findings made by OLAF in its report. As you can see, there were found several shortcomings and irregularities, including poor management.
OLAF already found that the “Reimbursement of school fees” was made irregularly (see page 6 of OLAF Report http://www.asktheeu.org/en/request/453/r...) by misusing an Annex of Staff Regulation applicable to third countries in order to obtain favorable educational allowances. Austria where FRA has its HQ is not a third country and therefore there was no justification to apply Annex X to FRA staff in order to facilitate them to obtain monetary gains. Would be possible to know if FRA recovered the unjustified amounts paid to some of FRA staff?

Having regard to the above, I am legitimately concerned that there could be possible a recurrence of irregular facts and the current policy of FRA of reimbursing individual university studies, master studies and PhD studies from the EU public budget could be not in line with applicable rules and the EU funds could be misappropriated for individual interest of some staff (either for “Reimbursement of school fees” as found by OLAF or for “Reimbursement of Individual university studies” from FRA Training programs and related budgetary lines).
Thank you very much in advance for your replies.

Yours sincerely,

Kurt Weiss

Kurt Weiss dejó un comentario ()

Par. 13 of OLAF Report http://www.asktheeu.org/en/request/453/r... reads:

“Firstly OLAF deems important to highlight the background in which this recruitment exercise took place. In fact already in 2005 (…)* announced that the Agency was going to phase out and that in this framework many (...) employees extremely qualified and well experienced started to seek employment in other EU agencies including EUMC”.

EUMC is the predecessor of FRA.

* Name of the institution is highlighted in dark
due to privacy issues.

The research undertaken established however that the only EU agency closed in 2005 was EAR (European Agency for Reconstruction, Tessaloniki, Greece)

*** ----------------**** ------------------ ***

1. To be confirmed or infirmed by FRA or/and OLAF if it is true that a number of those employees, allegedly “extremely qualified and well experienced” served at that EU Agency, whose name is not disclosed, as driver(s), postal / mail delivery clerk, or any other similar positions, before to be employed at FRA.

2. To be confirmed or infirmed if a number of those employees allegedly “extremely qualified and well experienced” did posses or did not possess university studies at the time of their employment at FRA.
-If did not posses university studies to be established if FRA approved their requests to follow University studies, master studies and/or Phd studies after their jobs commencement at FRA by paying 50% of the study costs from the FRA budget.
-To be established the number of such cases at FRA.

3. To be confirmed or infirmed if a part of those employees allegedly “extremely qualified and well experienced” after started their university studies in London, UK http://www.asktheeu.org/en/request/701/r... already during their period of studies were promoted by FRA to middle management positions which obligatory requires university studies, and that FRA granted exemptions to some of the those staff.
- If this is true, how many such cases exist at FRA
(how many exemptions were granted)?

3. To seek opinions of European Commission – Internal Audit Service, OLAF and Court of Auditors if such if such employments and promotions as mentioned above could be framed as “nepotism” and if nepotism is assimilated to corruption and fraud.

- To submit separate emails to each of these institutions and any other relevant EU body.
- To launch a survey into these matters within all EU institutions and EU agencies

Eventually to seek technical support from Asktheeu Team (only 6 requests per day could be submitted via website).

Kurt Weiss dejó un comentario ()

deadline 27/09/2013

EU Agency for Fundamental Rights (FRA), Agencia de los Derechos Fundamentales de la Unión Europea

1 Adjuntos

To the attention of:

 

Mr Kurt Weiss

www.asktheeu.org

Vienna, 27 September 2013

2013-outgoing-001599

 

Subject:         Your request for access to documents - reference number
2013-incoming-001202;

 

 

Dear Mr Weiss,

 

We refer to your e-mail of 23 July 2013, our reply of 13 August and your
email of 15 August amended by additional request of 24 August, and our
reply of 06 September and your further request of 08 September.

 

In the course of our communication we have provided you with the requested
documents.

 

We observed that our replies to your applications trigged further
questions and requests for information. Given the complexity of your
application received on 08 September 2013 alongside with several other
requests for access to information and documents received recently, Mr
Manolopoulos, the Head of Administration at the EU Agency for Fundamental
Rights, would like to contact you by phone. This would allow us to treat
in a good and more efficient way this and several other requests received
from you.   

 

Could you please provide us with a phone number where Mr Manolopoulos may
contact you and tell us the best moment to reach you?

 

Please send the contact number to the following email address:

[1]info@fra.europa.eu  

 

Thank you in advance for your kind cooperation.

 

Yours sincerely,

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [2]http://fra.europa.eu | [3]Facebook | [4]Twitter |
[5]YouTube | [6]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

FRA online toolkit to help connect public officials at all levels,
[7]available 25 September. 

References

Visible links
1. mailto:[email address]
2. http://www.fra.europa.eu/
3. http://www.facebook.com/fundamentalrights
4. http://twitter.com/#!/EURightsAgency
5. http://youtube.com/user/EUAgencyFRA
6. http://www.linkedin.com/company/eu-funda...
7. http://fra.europa.eu/en/project/2011/joi...