Policy of assessment of Declarations of interest of FRA executive director

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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:

1. Policy on assessment of Declarations of interest for FRA executive director http://fra.europa.eu/sites/default/files... and his team / supporting leadership.

2. Information on who is in charge with the verification of content of the declarations and which is mechanism for addressing not sincere and /or not complete declarations? (which are the measures taken in case of avoidance of declaring all interests?)

3. Information on exemptions applied to Mr Morten Kjaerum for not declaring his previous activities at Danish Institute for Human Rights, where an alleged fraud occurred in accounts of this institute during the tenure of Mr Kjaerum, as specified here:
http://jyllands-posten.dk/politik/ECE462...
and here
http://jyllands-posten.dk/politik/ECE462...

As communicated in this website (ask the EU) FRA awarded to Danish Institute for Human Rights/IMR several contracts as provided in EU system TED (Tender Electronically - about 1.099.000 Euro). Danish media reported in several occasions that this institute is suspect of fraud and was found by irregularly hiding losses in inexistent projects.
See the articles in Copenhagen Post accessible from here
http://cphpost.dk/news/international/aid....

4. Information on exemptions applied to Mr M. Kjaerum to declare his activities at Danske Handicaporganisationer http://www.handicap.dk/dokumenter/rappor... during his tenure at FRA and information on activities of his spouse at DIHR / IMR http://www.klimaka.org.gr/newsite/blog/L...

5. Which is the EU law for conflict of interests? Which is the FRA rules for addressing conflict of interests?

Yours faithfully,

Ernst Sorenson

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

Dear Mr. Sorenson,

Thank you for your e-mail. We hereby confirm receipt of your application for access to documents on 16 June 2013, which was registered under reference number 2013-incoming-000905.

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 05 July 2013. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Waltraud Heller
FRA Communication Team

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: http://fra.europa.eu | Facebook | Twitter | YouTube | LinkedIn

The EU as a community of values: safeguarding fundamental rights in times of crisis - read more in the FRA 2012 Annual Report Focus, due out 18 June
Helping to make fundamental rights a reality for everyone in the European Union

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

Vienna, 05 July 2013
Ref: 2013-outgoing-001067

Subject: Your requests for access to FRA documents and information registered under reference number 2013-incoming- 00905

Dear Mr Sorenson,

We refer to your e-mail dated 16/06/2013 and our reply dated 17/06/2013.

Points 1 - 4:

Rules governing appointment and assessment of Director are laid down in Article 15 of the Council Regulation 168/2007. The document you may find under following link: http://fra.europa.eu/sites/default/files...

Furthermore, the Director is bound by Article 11 and 11a of the Staff Regulations. The relevant document you may find under following link: http://eur-lex.europa.eu/LexUriServ/LexU...

In case of false declaration of interest the Management Board will act in accordance with provisions of Staff Regulations (i.e. disciplinary procedure).

After thorough analysis FRA didn't identify any documents referred to Danish Institute for Human Rights of the period mentioned in your request. However, information on this subject has been shared by other EU institutions via asktheeu website under following links:

1) European Commission:
http://www.asktheeu.org/en/request/453/r...

2) OLAF: http://www.asktheeu.org/en/request/453/r...

3) Internal Audit Service:
http://www.asktheeu.org/en/request/ias_a...

4) European Parliament:
http://www.asktheeu.org/en/request/heari...

5) European Ombudsman:
http://www.asktheeu.org/en/request/europ...

6) European Court of Auditors:
http://www.asktheeu.org/en/request/audit...

Please note that FRA has no control and may assume no responsibility for any opinion expressed by third parties in media. We invite you therefore to address your questions directly to the Danish Institute for Human Rights or the Ministry of Foreign Affairs of Denmark. The contact details we have communicated to you in our email of 26 June 2013.

Point 5:

Please note that there is no comprehensive EU regulatory framework dedicated to conflict of interest. As foreseen in the Roadmap on the follow-up to the Common Approach on EU decentralised agencies, the European Commission will prepare guidelines for a policy on prevention and management of conflicts of interest for members of the Management Board and Directors, experts in scientific committees, and members of Boards of Appeal. In the meantime, FRA has already adopted its own Provisional rules governing conflict of interest in the Management Board and Scientific Committee, which is available under following link:
http://fra.europa.eu/sites/default/files...

For further information concerning EU legislation on conflict of interest you may refer to:
- workshop of Budgetary Control Committee of the European Parliament and its documents:
http://www.europarl.europa.eu/committees...

- European Court of Auditors' Special Report No 15/2012: Management of conflict of interest in selected EU agencies:
http://eca.europa.eu/portal/pls/portal/d...

- European Parliament study: Corruption and Conflict of Interest in the European Institutions : The Effectiveness of Whistleblowers (17/05/2011):
Study: http://www.europarl.europa.eu/committees...

Appendices: http://www.europarl.europa.eu/meetdocs/2...

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: [email address]

Yours faithfully,

The FRA Information Team

From: Ernst Sorenson [mailto:[FOI #549 email]]
Sent: 16 June 2013 14:45
To: EU Agency for Fundamental Rights (FRA)
Subject: access to information request - Policy of assessment of Declarations of interest of FRA executive director

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:

1. Policy on assessment of Declarations of interest for FRA
executive director
http://fra.europa.eu/sites/default/files...
and his team / supporting leadership.

2. Information on who is in charge with the verification of content
of the declarations and which is mechanism for addressing not
sincere and /or not complete declarations? (which are the measures
taken in case of avoidance of declaring all interests?)

3. Information on exemptions applied to Mr Morten Kjaerum for not
declaring his previous activities at Danish Institute for Human
Rights, where an alleged fraud occurred in accounts of this
institute during the tenure of Mr Kjaerum, as specified here:
http://jyllands-posten.dk/politik/ECE462...
and here
http://jyllands-posten.dk/politik/ECE462...

As communicated in this website (ask the EU) FRA awarded to Danish
Institute for Human Rights/IMR several contracts as provided in EU
system TED (Tender Electronically - about 1.099.000 Euro). Danish
media reported in several occasions that this institute is suspect
of fraud and was found by irregularly hiding losses in inexistent
projects.
See the articles in Copenhagen Post accessible from here
http://cphpost.dk/news/international/aid....

4. Information on exemptions applied to Mr M. Kjaerum to declare
his activities at Danske Handicaporganisationer
http://www.handicap.dk/dokumenter/rappor...
during his tenure at FRA and information on activities of his
spouse at DIHR / IMR
http://www.klimaka.org.gr/newsite/blog/L...

5. Which is the EU law for conflict of interests? Which is the FRA
rules for addressing conflict of interests?

Yours faithfully,

Ernst Sorenson

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

This is a request for access to information under Article 15 of the
TFEU and, where applicable, Regulation 1049/2001 which has been
sent via the AsktheEU.org website.

Please kindly use this email address for all replies to this
request: [FOI #549 email]

If [FRA request email] is the wrong address for information
requests to European Union Agency for Fundamental Rights, please
tell the AsktheEU.org team on email [email address]

This message and all replies from European Union Agency for
Fundamental Rights will be published on the AsktheEU.org website.
For more information see our dedicated page for EU public officials
at http://www.asktheeu.org/en/help/officers
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: http://fra.europa.eu | Facebook | Twitter | YouTube | 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 - read more in the FRA 2012 Annual Report Focus.

Dear European Union Agency for Fundamental Rights,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of European Union Agency for Fundamental Rights's handling of my FOI request 'Policy of assessment of Declarations of interest of FRA executive director'.

As recommended I present hereby my confirmatory application. I
request that FRA reassess my request and provide me with all the
requested replies. Point 4 in my request is not addressed at all
and the other replies are general and not satisfactory addressed.

I requested access to specific rules on conflict of interest
adopted by FRA. For exemplification see here the type of rules I
referred
http://echa.europa.eu/documents/10162/13...
https://www.easa.europa.eu/management-bo...
.

As can be seen in relevant websites, all EU agencies adopted such a
policy on conflict of interest. FRA invoked some general rules but
refused to grant me access to Specific rules on conflict of
interest like the one mentioned above.

I renew my request for accessing information about exemptions
applied to Mr M. Kjaerum to declare his activities at Danske
Handicaporganisationer while working for FRA as Director
http://www.handicap.dk/dokumenter/rappor...
, his activities at Danish Institute for Human Rights
http://www.turtlebayandbeyond.org/2012/h...,
and his editorial activities
http://www.worldcat.org/title/implementi....

I request that my questions in original request (1 to 5) benefit
clear, specific and dedicated replies (not general ones).

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

Yours faithfully,

Ernst Sorenson

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

1 Adjuntos

To the attention of:

 

Mr Ernst Sorenson

E-mail: via asktheeu.org

 

Vienna, 26 July 2013

Ref: 2013-outgoing-001287

 

Subject:         Your requests for access to FRA documents and information
registered under reference number 2013-incoming- 00905

 

 

Dear Mr Sorenson,

 

Thank you for your confirmatory application received on 07 July 2013 with
regard to access to documents request registered under reference number
2013-incoming-000905.

 

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, which expires on 26/07/2013 due to complexity of
your request, high volume of data to be examined and limited human
resources at the Agency’s disposal.

 

We will handle your request as quickly as possible. Please note that our
institution is currently approaching the summer break, and that we will
only be in a position to carefully examine a proposed reply to your
request by 10 September. We hope you would accept the extension of this
deadline.

 

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

 

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.

References

Visible links
1. http://www.fra.europa.eu/
2. http://www.facebook.com/fundamentalrights
3. http://twitter.com/#!/EURightsAgency
4. http://youtube.com/user/EUAgencyFRA
5. http://www.linkedin.com/company/eu-funda...
6. http://fra.europa.eu/en/press-release/20...

Dear EU Agency for Fundamental Rights (FRA),

Many thanks for your reply. I would like to add to my request to access documents as well CVs of the Management team of FRA (or the Biography of all members of Management Team, including head of administrationhttp://fra.europa.eu/en/about-fra/struct... )
This was requested also by European Parliament - Budgetary Committee.

Yours sincerely,

Ernst Sorenson

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Dear European Union Agency for Fundamental Rights,

I received delivery errors from FRA for my email. Could you confirm that you have received this addendum of 23 august 13 http://www.asktheeu.org/en/request/polic...

Yours faithfully,

Ernst Sorenson

Mail Delivery System,

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A message that you sent could not be delivered to one or more of its
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[FRA request email]
SMTP error from remote mail server after initial connection:
host mail.fra.europa.eu [212.166.106.15]: 554-mailoffice.fra.europa.eu
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