Ref. Ares(2013)3654422 - 06/12/2013
EUROPEAN COMMISSION
Directorate-General for Communications Networks, Content and Technology
The Director-General
Brussels,
DG CONNECT/RM/AS/pef
Mr. Raptis
Email: ask+request-607-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2013/
3521under Regulation 1049/2011 regarding public access to
European Parliament, Council and Commission documents
Dear Sir,
We refer to your email dated 28 June 2013 wherein you make a request for access to
documents, registered on 03 July 2013 under the above mentioned reference number.
We refer to the letter of 22 July 2013 wherein we proposed that your application would
be handled in several successive stages, and to your reply of 22 July 2013, accepting the
Commission's proposal, wherein you indicated the priority order for disclosure of the
documents subject to your request for access to documents.
I. AUDITS ANNOUNCED IN APRIL 2009 TO FP6 CONTRACTORS IN
GREECE AND CONDUCTED BY EXTERNAL CONTRACTORS/AUDITORS.
The requested documents concern external financial audits, for which the following two
conditions simultaneously hold:
A) DG INFSO announced to the FP6 contractors-auditees the audit by a letter dated in
the period 1/1/2009 to 30/4/2009.
B) They were conducted in Greece by a member of the Polaris Group of Auditors,
presumably as subcontractors of Bloemer Accountants and Reviseurs that had signed a
framework contract with DG RTD.
As further clarified in your email of 22 July 2013 the request under this point relates to
audits performed on FP6 ICT for Health projects.
1. Every single time-sheet in the possession of DG INFSO.
We have identified document(s) corresponding to the criteria set out in your request.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BU25 06/183 - Tel. direct line +32 229-85653 - Fax +32 229-20125
Email: xxxxxx.xxxxxxxxx@xx.xxxxxx.xx
The document(s) requested relate to cases for which an investigation and a court case are
respectively ongoing.
We further draw your attention to the fact that for one of the beneficiaries falling under
the scope of your request and for which, however, there is a pending litigation before the
General court the Commission is not in the possession of timesheets. This is due to the
fact that for audits performed by an external audit firm on behalf of the Commission, the
latter usually does not hold all the documents collected by the auditors, including
timesheets.
Please note that in accordance with Article 4(2) second indent of Regulation 1049/2001
regarding public access to documents "
the institution shall refuse access to a document
where disclosure would undermine the protection of court proceedings and legal advice."
In addition, pursuant to Article 4(2) third indent "
the institution shall refuse access to a
document where disclosure would undermine the protection of the purpose of
inspections, investigations and audits."
This exception is applicable to the remaining part of the documents that have been
identified by us, falling under the scope of your request.
We have examined to which extent exceptions laid down in Article 4(2) of Regulation
1049/2001 may be waived in case of an overriding public interest in disclosure. Such an
interest must firstly be of a public interest and secondly outweigh the harm caused by the
disclosure.
Having analysed your request, we have not found any elements which could justify the
existence of an overriding public interest in the sense of the Regulation, which would
outweigh the exceptions stipulated in Article 4(2).
We consider that the prevailing interest in this case is to protect the purpose of the
ongoing investigation and court proceeding.
Therefore, we have concluded that access to the document(s) requested cannot be
granted.
2. Annex II of every single final audit.
Please refer to our response under point 1.
II.AUDITS ANNOUNCED IN FEBRUARY 2011 TO FP7 BENEFICIARIES AND
CONDUCTED BY EXTERNAL CONTRACTORS/AUDITORS.
The requested documents concern external financial audits, for which the following two
conditions simultaneously hold:
A) DG CONNECT (former INFSO) announced to the FP7 beneficiaries-auditees the
audit by a letter dated in the period 1/2/2011 to 28/2/2011.
B) The field audit took place in Germany, Austria or Poland by one of the main
signatories of the DG RTD framework contracts, or their local subsidiaries.
As further clarified in your email of 22 July 2013 the request under this point relates to
audits performed on FP7 ICT for Health projects.
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3. Every single time-sheet in the possession of DG CONNECT (former INFSO) for
the persons whose surname starts with one of the following five Latin characters: A,
C, G, M and P.
We regret to inform you that no document(s) were found that correspond to the
description given in your application. We are, therefore, unable to handle your
application.
We would like to draw your attention to the fact that for audits performed by an external
audit firm on behalf of the Commission, the latter usually does not hold all the
documents collected by the auditors, including timesheets.
4. Annex II of every single final audit report.
We have identified document(s) corresponding to the criteria set out in your request.
Pursuant to Article 4(2) third indent "
the institution shall refuse access to a document
where disclosure would undermine the protection of the purpose of inspections,
investigations and audits."
The document(s) requested relate to a case for which an investigation is ongoing.
We have examined to which extent exceptions laid down in Article 4(2) of Regulation
1049/2001 may be waived in case of an overriding public interest in disclosure. Such an
interest must firstly be of a public interest and secondly outweigh the harm caused by the
disclosure.
Having analysed your request, we have not found any elements which could justify the
existence of an overriding public interest in the sense of the Regulation, which would
outweigh the exceptions stipulated in Article 4(2).
We consider that the prevailing interest in this case is to protect the purposes of the
ongoing investigation.
Therefore, we have concluded that access to the document(s) requested cannot be
granted.
III. AUDITS ANNOUNCED IN MARCH 2011 TO FP6 CONTRACTORS AND
FP7 BENEFICIARIES AND CONDUCTED BY DG CONNECT (FORMER
INFSO) STAFF ONLY.
The requested documents concern external financial audits, conducted by DG
CONNECT (former INFSO) staff only, which DG CONNECT (former INFSO)
announced to the FP6 contractor – FP beneficiary and auditee the audit by a letter dated
in the period 1/3/2011 to 31/3/2011.
As further clarified in your email of 22 July 2013 the request under this point relates to
audits performed on FP6 and FP7ICT for Health and ICT for Transport projects.
5. Every single timesheet in the possession of DG CONNECT (former INFSO) for
the persons whose surname starts with one of the following five Latin characters: A,
C, G, M and P.
We have identified document(s) corresponding to the criteria set out in your request.
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Please note that in accordance with Article 4(2) third indent "
the institution shall refuse
access to a document where disclosure would undermine the protection of the purpose of
inspections, investigations and audits."
The document(s) requested relate to a case for which an investigation is ongoing.
We have examined to which extent exceptions laid down in Article 4(2) of Regulation
1049/2001 may be waived in case of an overriding public interest in disclosure. Such an
interest must firstly be of a public interest and secondly outweigh the harm caused by the
disclosure.
Having analysed your request, we have not found any elements which could justify the
existence of an overriding public interest in the sense of the Regulation, which would
outweigh the exceptions stipulated in Article 4(2).
We consider that the prevailing interest in this case is to protect the purpose of the
ongoing investigation.
Therefore, we have concluded that access to the document(s) requested cannot be
granted.
6. Annex II of every single final audit report.
Please refer to our response under point 5.
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review the position above.
Such a confirmatory application should be addressed within 15 working days upon
receipt of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency Unit SG-B-5
BERL 5/327
B-1049 Bruxelles
or by em
ail to: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-Signed)
Robert Madelin
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