EUROPEAN COMMISSION
RESEARCH EXECUTIVE AGENCY
Legal Affairs, Internal Control and Reporting
1.
Head of Sector
Brussels,
REA C0.1
Dr Manuela Troschke
xxxxxxxxxxxxxxxxx
D – 83646 Bad Tölz
Germany
Sent by registered email to:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents - Ares(2020)7406624
Dear Dr Troschke,
We refer to your request for access to documents submitted to the Research Executive Agency
(REA) on 2 December 2020 and registered on 7 December 2020 under reference number
Ares(2020)7406624. On 5 January 2021, REA extended the time-limit to deal with your request by
15 working days.1
A.
SCOPE OF YOUR REQUEST
In your application, you request
“…access to the validation FORM the LEAR of the entity
‘STIFTUNG ZUR ERFORSCHUNG VON OST- UND SUDOSTEUROPA’
has sent to REA.”
This request is handled within the scope of Regulation (EC) No 1049/2001 regarding public access
to European Parliament, Council and Commission documents2.
B.
DISCLOSURE OF THE REQUESTED DOCUMENTS
As a preliminary point, let me give you some clarifications on the information that you claim to
have received from REA concerning the legal form of the above-mentioned entity (PIC number
953115696).
1 Ares(2021)67299
2 Regulation (EC) N° 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access
to European Parliament, Council and Commission documents, OJ L145, 31.05.2001, page 43, hereinafter “Regulation
N° 1049/2001.
Agence exécutive pour la recherche, B-1049 Bruxelles / Uitvoerend Agentschap Onderzoek, B-1049 Brussel – Belgium. Telephone:
(32-2) 299 11 11.
Office: COV2-08/28 - Tel. direct line (32-2) 2991510 - Email: xxxxxxx.xxxxxx@xx.xxxxxx.xx
In your message of 2 December 2020, you stated that “
on October 13th, 2020… rea.acces to
documtens wrote "dass die Organisation mit dem PIC 953115696 Stiftung zur Erforschung von
Ost-und Südosteuropa heißt und eine Stiftung Bürgerlichen Rechts ist." They provided me with the
link
https://urldefense.com/v3/__https://stiftungen-
bayern.de/stiftung/19....where__;!!DOxrgLBm!TLAjWsrr1Aock4PRUmq8PbnRSPu812RgOCrAO4
50JAXP8Uyv7OjbnXLGXcgc2PDb9A0_$ this information is given that the entitiy is a Stiftung
Bürgerlichen Rechts (Private Law Body). In contrast, REA legal informs me that the entitiy is a
"Stiftung Öffentlichen Rechts" (Public Law Body) and is as such validated in the participant portal
although the Statutes submitted to me by you name a "Stiftung Bürgerlichen Rechts" (Private Law
Body).”
On 22 October 2020, REA replied to your request of 14 October 20203 transmitted by the European
Commission (DG RTD). REA suggested you that, for any official documents attesting the legal
status of the entuty, you should contact the relevant German authorities that issued such document.
On 26 October 2020, you replied and insisted on receiving from REA an official document proving
the existence of the entity from REA.
REA treated the latter request as an application for access to documents falling under Regulation
(EC) No 1049/2001. REA identified the Statutes of the entity and the VAT extract as documents
under the scope of your request.
On 24 November 2020, REA replied and provided you with the mentioned documents4. The first
document (i.e. Statutes respective Terms of Reference for Stiftung zur Erforschung von Ost- und
Südosteuropaforschung) was disclosed to you with the redaction of personal data in accordance with
Article 4(1)(b) of Regulation (EC) No 1049/2001, whereas the second (i.e. the VAT document) was
fully disclosed. The entity in question was validated as public law entity by REA in the participant
register.
On 26 November 2020, you asked if REA was in the possession of any documents supporting that
the entity is a private law foundation. Since REA had no such documents, we informed you of it.
Following your request of 2 December 2020 mentioned above under “scope”, we have identified the
following document as related to your request:
- Legal Entity Form (LEF)
The REA Validation Services, which are responsible for validating the legal status of the entities in
the participant register, consulted the entity in question on the disclosure as the LEF is a third-party
document, in accordance with Article 4(4) of Regulation 1049/2001.
Following this consultation, on 29 December 2020, the entity stated that the LEF in possession of
REA stating their public status was no longer valid and sent a new LEF stating their private status.
3 Ares(2020)5765863
4 Ares(2020)7051031
2
The reason why REA was not aware of the change of the legal status of the entity is that the Legal
Entity Appointed Representative (LEAR) of the entity did not communicate such a change to REA.
It is a LEAR’s obligation to inform REA of any changes concerning the entity and to send the
supporting documents via the Funding and Tender Opportunities Portal.
Please be informed that the LEAR has now submitted the new documents (e.g. Statutes, VAT, etc.)
and requested a change of status from ‘public’ to ‘private’. Once the new status is confirmed, the
change will be validated on the Funding and Tender Opportunities Portal.
Having examined the document requested under the provisions of Regulation (EC) N° 1049/2001
regarding public access to documents, we consider that the LEF can be disclosed to you with the
redaction of personal data in accordance with Article 4(1) (b) of Regulation (EC) No 1049/2001.
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a confirmatory
application requesting the Director of REA to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this
letter to Mr Marc TACHELET, Director of REA, at the following address:
Research Executive Agency
Covent Garden building
COV2 – 08/52
Place Charles Rogier, 16
1210 Brussels
Or by e-mail
to xxxx.xxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(Signed with
Qualified Electronic Signature)
Barbara KAMPIS
Enclosure:
- Legal Entity Form
3