Access to documents
Dear Budget,
Dear Sir or Madam,
In accordance with Regulation (EC) No 1049/2001, I respectfully request access to all documents held by the European Commission, in particular by the European Anti-Fraud Office (OLAF), the Secretariat-General, and the Cabinet of the Commissioner for Budget and Administration, relating to any form of contact, communication, cooperation, or influence involving Mr. Giovanni Kessler (former OLAF Director-General) after the end of his mandate.
This request specifically concerns the period from January 2018 to the present.
I hereby request:
1. Post-service contacts and correspondence
Any documents, including emails, minutes, notes, or summaries, concerning contact between Mr. Kessler and OLAF staff or Commission officials, including those whom he appointed or promoted during his tenure (such as Directors , or other senior figures);
Any records of formal or informal meetings, virtual or in-person, between Mr. Kessler and OLAF officials, particularly concerning policy input, strategic advice, or cooperation on anti-fraud matters.
2. Institutional awareness of IAACA affiliation
Any internal documents acknowledging, noting, or commenting on Mr. Kessler’s advisory role with the International Association of Anti-Corruption Authorities (IAACA), a platform currently administered by Hong Kong’s ICAC and reportedly linked with China’s Central Commission for Discipline Inspection (CCDI);
Any risk assessments, internal alerts, or governance guidance issued by OLAF or other Commission services regarding potential reputational or policy implications of post-service affiliations of former OLAF senior officials.
3. Relevance to internal continuity and appointments
Any internal references to Mr. Kessler’s past decisions or influence in the context of current or future leadership appointments within OLAF;
Any mentions of Kessler-related networks or internal succession planning involving former appointees now holding senior positions.
Format and Access
Please provide the requested documents in electronic format (PDF or equivalent). If access must be restricted under Article 4 of the Regulation, I request that the Commission indicate the grounds for partial or full refusal and provide a document register or index of withheld items.
Public Interest Justification
Given Mr. Kessler’s criminal conviction for procedural misconduct and his current affiliation with an international anti-corruption body linked to Chinese enforcement authorities, there is a strong public interest in ensuring that former senior EU officials do not unduly influence current institutional processes or leadership—particularly in sensitive areas such as anti-fraud policy, China engagement, and internal EC strategy.
This FOIA request aims to clarify whether any continuing influence or coordination exists between Mr. Kessler and the present OLAF hierarchy, and whether appropriate safeguards are in place.
Thank you for your consideration. I look forward to your reply within the time limits established under Article 7 of Regulation (EC) No 1049/2001.
Yours faithfully,
Monika Schwartz
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 27/06/2025 and registered on 27/06/2025 under case number 2025/3354.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Directorate-General for Budget - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Madam,
We are writing concerning your request for access to Commission documents
registered on 27 June under case number EASE (2025/3354).
On 27 June, we asked you to send us your postal address and explained the
reasons why we need it.
Since we have not received your postal address, we have closed this case.
Kind regards,