Ref. Ares(2019)2571281 - 12/04/2019
DIRECTORATE-GENERAL FOR MARITIME AFFAIRS AND FISHERIES
Ms. Selene Alvarez
The Pew Charitable Trust
Avenue des Arts 40
By registered letter with acknowledgment of receipt
Advance copy by email:
Your application for access to documents – Ref GestDem No
We refer to your e-mail dated 22 February 2019 in which you make a request for access
to documents, registered on 27 February 2019 under the above-mentioned reference
You request access to the following documents related to the total allowable catches
(TACs) for Deep Sea fish stocks for 2019:
Any records, minutes or notes of meetings/discussions that took place between
the Commission and the Member State representatives on the TACs for 2019,
including any minutes or notes of Council working party/ministerial meetings
taken by Commission staff, and any internal Commission briefings on the
Any socio-economic evidence used to support exceeding ICES scientific
Any calculations applied to ICES scientific advice on catches to arrive at
A detailed description of the methodology used to calculate quota adjustments
(top-ups or deductions);
The calculations that the proposed and agreed quota adjustments (top-ups or
deductions) were based on, ideally in Excel spreadsheet format.
We understood that you do not seek access to documents that you can search for in the
Council register. Therefore, these documents are not included in our assessment. My
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: J-99 05/14 ‐ Tel. direct line +32 229 96310
services have examined the documents requested under the provisions of Regulation (EC)
No 1049/2001 regarding public access to documents.
I regret to inform you that the Commission does not hold any documents that would
correspond to the description given in your application. With regard to documents under
categories 1 to 3, the Commission did not produce any document that matches the features
requested in your application. For an official record of the exchanges between Member
States and the Commission on this topic, you may want to address yourself to the Council,
which has produced a comprehensive report of the Council proceedings..
With regard to documents under categories 4 and 5, there is no top-up or deductions for the
Deep Sea TACs.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as defined
in that regulation applies only to existing documents in the possession of the institution.
Given that no such documents, corresponding to the description given in your application,
are held by the Commission, the Commission is not in a position to fulfil your request.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
Transparency, Document Management & Access to Documents (SG.C.1)
or by email to: email@example.com
João AGUIAR MACHADO
Electronically signed on 11/04/2019 16:19 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563