EUROPEAN COMMISSION

DIRECTORATE-GENERAL FOR ENERGY

Director-General

Brussels,

Mr Olivier Hoedeman Corporate Europe Observatory

Mr Jorgo Riss Greenpeace EU Unit

Corporate Europe Observatory Mundo В Rue d'Edimbourg 26 В-1050 Bruxelles

Subject: Complaint: Staff Regulations Article 11 and 11a

Ref. Your letter of 13 July 2012 addressed to Ms Day (Ares(2012)861592)

Dear Mr Hoedeman, dear Mr Riss,

Thank you for your above letter concerning the alleged failure to consider possible conflicts of interest when recruiting Mr Marcus Lippold in DG ENER. I am responding on Ms Day's behalf. The Director General of the official concerned takes decisions when it comes to situations of potential conflict of interest.

You recall that in reply to your request for access to documents concerning Mr Lippold (GESTDEM 2012/2389) the Commission said that there were no documents available. On this basis you conclude that the Commission has not undertaken any assessment of a potential conflict of interest which in turn you consider to be maladministration. I reject this suggestion. Mr Lippold went through a standard recruitment procedure, which includes scrutinizing his CV and an interview. At the end of the procedure, it was concluded that Mr Lippold's experience in the oil industry was an asset for DG ENER. There is indeed no reason why a candidate for a post should be discarded due to a previous job assignment in the industry. On the contrary, you will certainly agree with me that experience in a sector or domain generally constitutes a positive element in a recruitment procedure, be it in the public or in the private sector.

In this context you quote Article 11a of the Staff Regulations which refers to personal interest of an official such as to impair his independence, in particular family and financial interest. The mere fact that Mr Lippold worked in the past for Exxon Mobile does not mean that he has any such interest.

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 Office: DM24 8/84 - Tel direct line f 32 229-65040

Ref. Ares(2012)1042671 - 07/09/2012

At the time of his recruitment Mr Lippold, as any other new staff member, was made aware of his statutory obligations, including Articles 11 and 11a. In your letter you express doubts that Mr Lippold has been proactively reminded of his obligations under these Articles considering his employment history. I can assure you that staff members are informed about their obligations at various occasions and by different actors during their career.

You mention various occasions where Mr Lippold was in contact with the oil and fuel industry, e.g. when moderating sessions at the European Fuels Conference. However, you do not provide any factual element suggesting that Mr Lippold's behaviour on these occasions was biased or partial. Furthermore, you express concerns about Mr Lippold's involvement in the discussions on the EU's Fuel Quality Directive. It seems to me that his capacity to influence a policy debate involving a variety of actors, including at Commissioner level, should not be overestimated: like any other official, Mr Lippold carries out his tasks under the supervision of his hierarchy.

Last but not least, the European Ombudsman's public service principles, to which you refer to, are an excellent additional reference for EU civil servants and staff members are made aware of them.

ikx Philip Lowe