Correspondence
Dear European Economic and Social Committee,
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:
All correspondence (including emails, letters, briefings, and attachments) exchanged between the Secretary-General of the EESC, the President of the EESC, and their respective cabinets, concerning contracts in relation to which allegations of embezzlement or misuse of public funds have been raised.
All correspondence (including emails, letters, briefings, and attachments) exchanged among members of the EESC Bureau relating to such contracts and associated allegations.
Any documents, including internal communications, instructions, notes, or reports, concerning actions taken or instructed by the Secretary-General, the President, their cabinets, or the Bureau, directed at security or IT services in response to whistleblowing activities, including but not limited to measures aimed at identifying, monitoring, or investigating individuals who have reported concerns to the European Anti-Fraud Office (OLAF).
For the avoidance of doubt, this request covers documents held in any format (electronic or paper), and includes preparatory documents, internal notes, and any relevant metadata where available.
I would prefer to receive the documents in electronic format.
Should my request be considered too broad, I would be grateful if you could assist me in narrowing its scope in accordance with Article 6(2) of Regulation 1049/2001.
Please confirm receipt of this request and do not hesitate to contact me should you require any clarification.
Yours faithfully,
Nikolaj Nielsen
EUobserver
Résidence Palace, International Press Centre
Rue de la Loi / Wetstraat 155
1040 Brussels
Belgium
Dear Mr Nielsen,
We hereby acknowledge receipt of your confirmatory request for access to
documents, which we registered today under ref. n° ICD-AD-09/2026.
All requests for public access to documents are treated in compliance with
Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents and the relevant
Decision of the European Economic and Social Committee (EESC) No
2003/603/EC of 1 July 2003 on public access to EESC documents.
In accordance with the above-mentioned rules, your application will be
handled within 15 working days upon registration of your request.
Please note that your personal data will only be processed for the purpose
of replying to your request and in accordance with the data protection
notice set out below. More information on how the EESC processes personal
information can be found on our website (section "Transparency">"Access to
EESC documents").
Your attention is drawn to the fact that you have lodged your application
via the AsktheEU.org website, which is a private website not officially
related to the EESC. Therefore, the latter cannot be held accountable for
any technical issues or problems linked to the use of this system.
Yours sincerely,
Information Centre and Document Management Sector of the EESC
-------------------
Data Protection Notice - According to Articles 15 and 16 of Regulation
(EU) 2018/1725 (EUDPR), we are processing your personal data in order to
reply to your request. The controller is the EESC. The legal basis for
this processing operation is Article 5(1)(b) of the EUDPR, since
processing is necessary for compliance with a legal obligation to which
the EESC is subject. The data processed include your contact details, your
request, as well as personal data that might be collected during the
handling of your request. For the EESC, administrative staff and hierarchy
involved in the request handling will have access to the case file
containing your personal data on a need-to-know basis. Your data will only
be transferred to other EU institutions and bodies or to third parties
when it is necessary to ensure the appropriate handling or follow up of
your request. Your data will be stored by the EESC in electronic files for
two years, unless legal proceedings require us to keep them for a longer
period. Afterwards, only a brief anonymous note will be included in a file
in order to keep record of the request. You have the right of access to
your personal data and to relevant information concerning how we use it.
You have the right to rectify your personal data. Under certain
conditions, you have the right to ask that we delete your personal data or
restrict its use. We will consider your request, take a decision and
communicate it to you. For more information, please see Articles 14 to 21,
23 and 24 of the EUDPR. Any request to exercise your rights should be
addressed to the EESC at [1][EESC request email]. You may also
contact the EESC data protection officer by using the contact form [2]EESC
Data Protection, if you have any remarks regarding the way we process your
personal data. You have also the right to lodge a complaint with the EDPS
by using the relevant contact form [3]Contact form | European Data
Protection Supervisor.
Dear Mr Nielsen,
We refer to your request regarding access to documents, which we
registered on 18/05/2026 under reference n° ICD-AD-09/2026.
Your request is currently being handled. However, due to the complexity of
the process, we will not be in a position to finalize the reply to your
application within the given time limit. Therefore, we are obliged to
extend the deadline by a further 15 working days in accordance with
article 8 of Decision 2003/603/EC regarding public access to EESC
documents.
We apologize for this delay and for any inconvenience this may cause.
Yours faithfully,
The Information Centre and Document Management Sector
-------------------------------
Data Protection Notice - According to Articles 15 and 16 of Regulation
(EU) 2018/1725 (EUDPR), we are processing your personal data in order to
reply to your request. The controller is the EESC. The legal basis for
this processing operation is Article 5(1)(b) of the EUDPR, since
processing is necessary for compliance with a legal obligation to which
the EESC is subject. The data processed include your contact details, your
request, as well as personal data that might be collected during the
handling of your request. For the EESC, administrative staff and hierarchy
involved in the request handling will have access to the case file
containing your personal data on a need-to-know basis. Your data will only
be transferred to other EU institutions and bodies or to third parties
when it is necessary to ensure the appropriate handling or follow up of
your request. Your data will be stored by the EESC in electronic files for
two years, unless legal proceedings require us to keep them for a longer
period. Afterwards, only a brief anonymous note will be included in a file
in order to keep record of the request. You have the right of access to
your personal data and to relevant information concerning how we use it.
You have the right to rectify your personal data. Under certain
conditions, you have the right to ask that we delete your personal data or
restrict its use. We will consider your request, take a decision and
communicate it to you. For more information, please see Articles 14 to 21,
23 and 24 of the EUDPR. Any request to exercise your rights should be
addressed to the EESC at [1][EESC request email]. You may also
contact the EESC data protection officer by using the relevant [2]contact
form, if you have any remarks regarding the way we process your personal
data. You have also the right to lodge a complaint with the EDPS by using
the [3]contact form.
-------------------------------
Dear Mr Nielsen,
We refer to your access to document, which we received on 15 May 2026 and
registered under reference ICD-AD-09/2026.
All requests for public access to documents are treated in compliance with
Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents and the relevant
Decision of the EESC No 2003/603/EC of 1 July 2003 on public access to
European Economic and Social Committee documents.
As regards your first point:
"All correspondence (including emails, letters, briefings, and
attachments) exchanged between the Secretary-General of the EESC, the
President of the EESC, and their respective cabinets, concerning contracts
in relation to which allegations of embezzlement or misuse of public funds
have been raised."
Following a thorough search, the EESC has not been able to identify any
documents corresponding to this description.
As regards your second point:
"All correspondence (including emails, letters, briefings, and
attachments) exchanged among members of the EESC Bureau relating to such
contracts and associated allegations."
Please find attached two messages that were sent by the EESC President to
the EESC Members and staff.
As regards your third point:
"Any documents, including internal communications, instructions, notes, or
reports, concerning actions taken or instructed by the Secretary-General,
the President, their cabinets, or the Bureau, directed at security or IT
services in response to whistleblowing activities, including but not
limited to measures aimed at identifying, monitoring, or investigating
individuals who have reported concerns to the European Anti-Fraud Office
(OLAF)."
The EESC has identified documents falling within the scope of this part of
your request.
Access to these documents cannot be granted. Disclosure would undermine
the protection of the purpose of inspections, investigations and audits,
within the meaning of Article 4(2), third indent, of Regulation (EC) No
1049/2001.
In particular, the requested documents relate to matters that have been
brought to the attention of the European Anti-Fraud Office (OLAF) and form
part of ongoing examinations. Their disclosure could jeopardise the proper
conduct of these investigations, including by affecting the willingness of
individuals, such as whistleblowers or other sources, to cooperate with
OLAF, and by compromising the integrity of the investigative process.
The EESC has also considered whether there is an overriding public
interest in disclosure. No such overriding public interest has been
identified that would outweigh the need to protect the ongoing
examination.
Accordingly, the EESC regrets to inform you that access to these documents
must be refused on the basis of Article 4(2), third indent, of Regulation
(EC) No 1049/2001.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are
entitled to submit a confirmatory application requesting the EESC to
review this position within 15 working days of receiving this reply.
Please also note that your personal data will only be processed for the
purpose of replying to your request and in accordance with the data
protection notice set out below. More information on how the EESC
processes personal information can be found on our website (section
"Transparency">"Access to EESC documents").
With this reply, the EESC considers your application as handled and the
file closed.
Your sincerely,
The Information Centre and Document Management Sector
-------------------
Data Protection Notice - According to Articles 15 and 16 of Regulation
(EU) 2018/1725 (EUDPR), we are processing your personal data in order to
reply to your request. The controller is the EESC. The legal basis for
this processing operation is Article 5(1)(b) of the EUDPR, since
processing is necessary for compliance with a legal obligation to which
the EESC is subject. The data processed include your contact details, your
request, as well as personal data that might be collected during the
handling of your request. For the EESC, administrative staff and hierarchy
involved in the request handling will have access to the case file
containing your personal data on a need-to-know basis. Your data will only
be transferred to other EU institutions and bodies or to third parties
when it is necessary to ensure the appropriate handling or follow up of
your request. Your data will be stored by the EESC in electronic files for
two years, unless legal proceedings require us to keep them for a longer
period. Afterwards, only a brief anonymous note will be included in a file
in order to keep record of the request. You have the right of access to
your personal data and to relevant information concerning how we use it.
You have the right to rectify your personal data. Under certain
conditions, you have the right to ask that we delete your personal data or
restrict its use. We will consider your request, take a decision and
communicate it to you. For more information, please see Articles 14 to 21,
23 and 24 of the EUDPR. Any request to exercise your rights should be
addressed to the EESC at [1][EESC request email]. You may also
contact the EESC data protection officer by using the relevant [2]contact
form, if you have any remarks regarding the way we process your personal
data. You have also the right to lodge a complaint with the EDPS by using
the relevant [3]contact form.
Dear European Economic and Social Committee,
Please pass this on to the person who reviews confirmatory applications, registered under ICD-AD-09/2026.
Pursuant to Article 7(2) of Regulation (EC) No 1049/2001 of 30 May 2001 and to EESC Decision No 2003/603/EC of 1 July 2003 on public access to European Economic and Social Committee documents, I hereby submit a confirmatory application requesting that the EESC review its position, for the reasons set out below. I also ask the EESC to extend its search to a specific document identified since receiving your reply, described in section 3 below.
1. Point 1 of my request – no documents identified
Your reply states that, following a thorough search, the EESC was unable to identify any documents corresponding to my first point, namely correspondence between the Secretary-General, the President and their respective cabinets concerning contracts in relation to which allegations of embezzlement or misuse of public funds have been raised.
This is difficult to reconcile with the documents the EESC did release in response to my second point. In his message to members and staff of 27 April 2026, the President states that "on 5 March I took the decision to proactively refer the matter to OLAF, in full consultation with our office holders here and with the benefit of legal advice", and that, "in consultation with office holders," he "established a short security review on 5 March." A decision of this nature, taken in consultation with named office holders and on the basis of legal advice, necessarily generated correspondence, instructions, briefing notes or records – whether by email, letter or otherwise – between the President, the Secretary-General, and/or their cabinets. I ask the EESC to repeat its search accordingly, in particular for the document identified in section 3 below, and to release any responsive documents or provide individualised reasons for withholding them.
2. Point 3 of my request – refusal under Article 4(2), third indent
Your reply confirms that documents falling within the scope of my third point have been identified, but refuses access in full on the basis of Article 4(2), third indent, of Regulation (EC) No 1049/2001, on the grounds that disclosure would undermine the protection of the purpose of OLAF's ongoing examination. I ask the EESC to reconsider this refusal for the following reasons.
(a) Exceptions to the right of access must be interpreted and applied strictly, and the burden is on the institution to demonstrate, and not merely to assert, how disclosure of the specific documents requested would concretely and actually undermine the interest protected (Joined Cases C-39/05 P and C-52/05 P, Sweden and Turco v Council). Your reply does not identify individual documents or explain, on a document-by-document basis, how each would specifically undermine OLAF's examination; it applies a single, categorical justification to the whole set of documents identified.
(b) A blanket refusal covering an entire category of documents, without individual examination, is permissible only where a general presumption of non-disclosure recognised by the Court of Justice applies to that category (for example, in relation to the Commission's own case files in competition, State aid or merger proceedings, or pre-litigation infringement files). No such presumption has been recognised for an EU institution's own internal security or IT review documents concerning its own administration, particularly where, as the EESC's own public statements indicate, that review "categorically did not trawl email or web searches" and "does not make any findings against any individual." General Court case-law on OLAF-related documents confirms that the "protection of the purpose of investigations" exception requires a genuine, document-specific risk assessment, not a generic reference to an investigation being under way (Case T-48/05, Franchet and Byk v Commission).
(c) There is an overriding public interest in disclosure that your reply does not appear to have weighed. The underlying allegations concern possible embezzlement or misuse of EU public funds within an EU institution, a matter of manifest public interest in accountability for the use of taxpayers' money. There is a further, specific public interest in verifying whether the security and IT measures taken were directed at identifying or monitoring individuals who reported concerns to OLAF – precisely the question the President's own communications sought to address in response to media reports describing the review as a "witch-hunt for a whistleblower." Robust protection of individuals who report wrongdoing to OLAF is itself a recognised EU public interest, and withholding records that would allow independent verification of how security and IT services were instructed undermines, rather than serves, that interest. I ask that the balancing exercise under Article 4(2) in fine be revisited and the outcome specifically reasoned.
(d) Article 4(6) of Regulation (EC) No 1049/2001 requires the EESC to consider whether partial access can be granted where only part of a document is covered by an exception. Nothing in your reply indicates that this was considered. I ask the EESC to assess, document by document, whether elements such as the existence, date, recipients and general subject matter of each instruction, or recommendations of a general administrative nature (for example, those concerning the screening of incoming mail), can be released with genuinely sensitive material – such as the identities of individuals connected to the OLAF examination – redacted.
(e) I ask the EESC to provide, at a minimum, a list of the documents identified as falling within the scope of my third point (date, author, recipient(s) and general subject matter), even where full disclosure continues to be refused, so that the refusal can be meaningfully assessed, as required by the duty to state reasons under Article 296 TFEU and Article 8 of Regulation (EC) No 1049/2001.
3. Specific document requested
I ask the EESC to identify, assess and release the following document, which appears highly likely to fall within the scope of point 1 and/or point 3 of my original request:
- a letter, printed recto verso; signed by the EESC President, Mr Séamus Boland; indicating Mr Eamonn Mac Aodha as contact person; dated 5 March 2026; addressed to Mr Eric Van der Smiessen and Mr Jan Boterberg;
referenced Ares(2026)2439960 of 5 March 2026.
This date coincides precisely with the President's own account, in his message of 27 April 2026, that "on 5 March I took the decision to proactively refer the matter to OLAF" and that he "established a short security review on 5 March." I therefore ask that this letter be specifically identified and released in full or in part, and that, if access is refused, the EESC provide individualised reasons by reference to its actual content, rather than a general reference to the ongoing OLAF examination.
4. Requests
In light of the above, I ask the EESC to:
(a) confirm, amend or reverse the initial decision of [DATE OF EESC REPLY];
(b) conduct a renewed and complete search in respect of point 1 of my request, explicitly including the letter of 5 March 2026 (Ares(2026)2439960) described in section 3 above, and release it or provide individualised reasons for any refusal;
(c) carry out a document-by-document assessment of the documents identified in respect of point 3 of my request, and grant at least partial access under Article 4(6) where appropriate;
(d) provide a list of the documents identified in respect of point 3 (date, author, recipient(s), general subject matter), even where full disclosure is refused;
(e) confirm receipt of this confirmatory application and provide a reasoned decision within 15 working days pursuant to Article 8(1) of Regulation (EC) No 1049/2001, noting that any extension under Article 8(2) must be duly justified and notified to me before the expiry of the initial deadline.
I note that, should the EESC fail to reply within the prescribed deadline, or should access continue to be refused in whole or in part, I reserve the right to lodge a complaint with the European Ombudsman and/or to bring an action before the General Court of the European Union pursuant to Article 263 TFEU.
I would be grateful for confirmation of receipt of this confirmatory application. Please do not hesitate to contact me should you require any clarification.
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/request/corresp...
Yours faithfully,
Nikolaj Nielsen
Dear Mr Nielsen,
We hereby acknowledge receipt of your confirmatory application to the initial request for access to documents (ICD-AD-09/2026). We registered the confirmatory request today under ref. n° ICD-AD-12/2026.
All requests for public access to documents are treated in compliance with Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents and the relevant Decision of the European Economic and Social Committee (EESC) No 2003/603/EC of 1 July 2003 on public access to EESC documents.
In accordance with the above-mentioned rules, your application will be handled within 15 working days upon registration of your request.
Please note that your personal data will only be processed for the purpose of replying to your request and in accordance with the data protection notice set out below. More information on how the EESC processes personal information can be found on our website (section "Transparency">"Access to EESC documents").
Your attention is drawn to the fact that you have lodged your application via the AsktheEU.org website, which is a private website not officially related to the EESC. Therefore, the latter cannot be held accountable for any technical issues or problems linked to the use of this system.
Yours sincerely,
Information Centre and Document Management Sector of the EESC
----------------------
Data Protection Notice - According to Articles 15 and 16 of Regulation (EU) 2018/1725 (EUDPR), we are processing your personal data to reply to your request. The controller is the EESC. The legal basis for this processing operation is Article 5(1)(b) of the EUDPR, since processing is necessary for compliance with a legal obligation to which the EESC is subject. The data processed include your contact details, your request, as well as personal data that might be collected during the handling of your request. For the EESC, administrative staff and hierarchy involved in the request handling will have access to the case file containing your personal data on a need-to-know basis. Your data will only be transferred to other EU institutions and bodies or to third parties when it is necessary to ensure the appropriate handling or follow up of your request. Your data will be stored by the EESC in electronic files for two years, unless legal proceedings require us to keep them for a longer period. Afterwards, only a brief anonymous note will be included in a file to keep record of the request. You have the right of access to your personal data and to relevant information concerning how we use it. You have the right to rectify your personal data. Under certain conditions, you have the right to ask that we delete your personal data or restrict its use. We will consider your request, take a decision and communicate it to you. For more information, please see Articles 14 to 21, 23 and 24 of the EUDPR. Any request to exercise your rights should be addressed to the EESC at [EESC request email]. You may also contact the EESC data protection officer by using the relevant contact form https://www.eesc.europa.eu/en/general-co... if you have any remarks regarding the way we process your personal data. You have also the right to lodge a complaint with the EDPS by using the contact form https://www.edps.europa.eu/data-protecti....
----------------------
Dear Mr Niesen,
Please find attached a letter from the President of the European Economic and Social Committee, in reply to your confirmatory application for public access under Regulation 1049/2001.
On the basis of this reply, the European Economic and Social Committee considers your application as handled and the file closed.
Your sincerely,
The Information Centre and Document Management Sector
----------------------
Data Protection Notice - According to Articles 15 and 16 of Regulation (EU) 2018/1725 (EUDPR), we are processing your personal data in order to reply to your request. The controller is the EESC. The legal basis for this processing operation is Article 5(1)(b) of the EUDPR, since processing is necessary for compliance with a legal obligation to which the EESC is subject. The data processed include your contact details, your request, as well as personal data that might be collected during the handling of your request. For the EESC, administrative staff and hierarchy involved in the request handling will have access to the case file containing your personal data on a need-to-know basis. Your data will only be transferred to other EU institutions and bodies or to third parties when it is necessary to ensure the appropriate handling or follow up of your request. Your data will be stored by the EESC in electronic files for two years, unless legal proceedings require us to keep them for a longer period. Afterwards, only a brief anonymous note will be included in a file to keep record of the request. You have the right of access to your personal data and to relevant information concerning how we use it. You have the right to rectify your personal data. Under certain conditions, you have the right to ask that we delete your personal data or restrict its use. We will consider your request, take a decision and communicate it to you. For more information, please see Articles 14 to 21, 23 and 24 of the EUDPR. Any request to exercise your rights should be addressed to the EESC at [EESC request email]. You may also contact the EESC data protection officer by using the relevant contact form, if you have any remarks regarding the way we process your personal data. You have also the right to lodge a complaint with the EDPS by using the contact form.