The CPVO’s general contact email is cpvo@cpvo.europa.eu, as confirmed by its official website (https://cpvo.europa.eu/en/contact-us). For FOI requests under Regulation (EC) No 1049/2001, the CPVO directs submissions to the same email, cpvo@cpvo.europa.eu, with a commitment to respond within 15 working days, as stated on their transparency page (https://cpvo.europa.eu/en/about-us/transparency). The letter will use this email and cc the CPVO’s Data Protection Officer at dpo@cpvo.europa.eu for transparency requests under Regulation (EU) 2018/1725, ensuring compliance with EU access-to-documents protocols.
### Addressing the CPVO’s Failure to Respond
The “V CMAcpvo.pdf” document, dated January 13, 2025, is a formal notice to the CPVO alleging breaches of EU financial and procurement regulations under Article 340 TFEU, specifically for improper contract splitting on November 15, 2020, for information security services totaling €339,300, and deficient internal controls. It requested a response within two months, detailing corrective actions, but as of July 7, 2025, nearly six months later, no response has been received, strengthening COCOO’s claim for failure to act under Article 265 TFEU. The revised letter will remind the CPVO of this non-response and reiterate the need for action.
### Strengthening the Case Against the CPVO
The “EUBUDGET Case_ Search Link Application_.txt” alleges the CPVO engaged in improper contract splitting to circumvent tendering thresholds, breaching Financial Regulation 2018/1046, with a €339,300 damage claim for harm to taxpayers and excluded suppliers. However, the document notes a lack of direct evidence, as a Tenders Electronic Daily (TED) notice (200084-2020) shows a legitimate division of a legal services contract into three language-based lots, and CPVO annual reports lack procurement irregularity findings. The European Court of Auditors’ (ECA) Special Report 28/2023, citing systemic issues like contract splitting across EU agencies, provides contextual support, allowing COCOO to reframe the allegation as part of broader procurement weaknesses. The “An Investigative Playbook” recommends using the EU Funding & Tenders Portal, TED, and OpenSanctions to verify contract awards and contractor vetting, and investigating “stealth consolidation” to check if CPVO contractors engaged in unreported acquisitions to distort competition. The OLAF 2024 report (€870 million in recoveries) and EPPO’s €24.8 billion in damages highlight systemic fraud risks, justifying further scrutiny.
### Original and Expanded Disclosure Requests
The “V CMAcpvo.pdf” letter specifically requested details of corrective actions for the alleged contract splitting and compliance with EU procurement rules. To strengthen the case, the revised letter will expand the FOI request to include: full tender documentation for the €339,300 information security services contract; internal audit reports (2020–2023); corrective measures post-ECA Special Report 28/2023; conflict-of-interest declarations for CPVO procurement officials; mediation or dispute resolution records; and OpenSanctions vetting records for contractors. These align with Regulation (EC) No 1049/2001, Regulation (EU) 2018/1725, and pre-action protocols/procedimiento a solicitud de interesado to assess claims under Articles 265 and 340 TFEU.
### Offering Consulting and Mediation Services
The CPVO lacks a formal mediation board, but the “CIRCABC_PS-Stakeholder-Group.pdf” and playbook suggest engaging via stakeholder platforms or consultations. COCOO can offer consulting and mediation services to improve CPVO procurement practices, drawing on its competition law expertise, as the ELA’s 2024 mediation success (12 of 13 cases) provides a model. Contacting cpvo@cpvo.europa.eu to propose these services and monitoring https://cpvo.europa.eu/en/about-us/consultations for opportunities are recommended steps.
### Revised Letter to the CPVO
The letter below uses the correct FOI contact (cpvo@cpvo.europa.eu), reminds the CPVO of its non-response to the January 13, 2025, letter, expands disclosure requests, and offers consulting and mediation services.
Community Plant Variety Office
3 Boulevard Maréchal Foch, CS 10121
49101 Angers Cedex 2
France
Email: cpvo@cpvo.europa.eu
Cc: dpo@cpvo.europa.eu
Date: July 7, 2025
Dear Sir or Madam,
Re: Request for Disclosure of Documents under EU Freedom of Information Laws, Transparency Regulations, and Pre-Action Protocol/Procedimiento a Solicitud de Interesado
We represent The Competition & Consumer Organisation Party Limited (COCOO), a registered entity under UK Companies House (No. 154669919), located at 23 Village Way, Beckenham, BR3 3NA, concerning the Community Plant Variety Office’s (CPVO) alleged procurement irregularities. On January 13, 2025, we sent a formal notice alleging breaches of EU financial and procurement regulations, specifically improper contract splitting for information security services totaling €339,300 on November 15, 2020, to which we have received no response within the requested two-month period, despite your commitment to reply within 15 working days under Regulation (EC) No 1049/2001. This non-response strengthens our claim for failure to act under Article 265 TFEU. We now request disclosure of documents under Regulation (EC) No 1049/2001, Regulation (EU) 2018/1725, and pre-action protocols/procedimiento a solicitud de interesado to evaluate claims in the public interest of ensuring transparency and fair competition.
The European Court of Auditors’ Special Report 28/2023 documents systemic procurement weaknesses across EU agencies, including contract splitting to circumvent tendering thresholds, which aligns with the CPVO’s alleged division of the €339,300 contract, potentially breaching Financial Regulation 2018/1046. This practice, as noted in the report, restricts competition, inflates costs, and harms taxpayers and excluded suppliers, justifying our €339,300 claim under Article 340 TFEU for non-contractual liability. The OLAF 2024 report, recommending €870 million in recoveries, and the EPPO’s €24.8 billion in estimated damages underscore the scale of systemic fraud risks, necessitating further scrutiny of CPVO’s procurement practices.
To assess these allegations, we request the following documents: full tender documentation for the €339,300 information security services contract of November 15, 2020, including award notice, contractor identity, and evaluation criteria; internal audit reports on CPVO procurement processes from 2020–2023; records of corrective measures implemented post-ECA Special Report 28/2023; conflict-of-interest declarations for CPVO procurement officials; mediation or dispute resolution records for procurement issues; and OpenSanctions or similar vetting records for contractors involved in the contract. These documents are critical to investigate potential non-competitive awards or unreported consolidations, ensuring compliance with EU transparency obligations.
COCOO offers its expertise in competition law to provide consulting and mediation services, enhancing CPVO’s procurement practices and dispute resolution framework, as demonstrated by successful agency models. We seek to engage through stakeholder consultations to propose solutions for transparent and competitive tendering. We request these documents within 15 working days, per Regulation (EC) No 1049/2001, with a reasoned explanation if exceptions apply. COCOO remains available for discussion at contact@cocoo.uk. We appreciate your prompt response to this and our January 13, 2025, letter.
Yours sincerely,
Oscar Moya LLedo
Solicitor for COCOO.UK
Please confirm if this letter meets your needs or provide further details for refinements. For consulting and mediation, COCOO should contact cpvo@cpvo.europa.eu and monitor https://cpvo.europa.eu/en/about-us/consultations for opportunities. Let me know if you wish to proceed with the next subcase (e.g., SRB) or adjust this letter further!