Dear European Parliament,

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 delays and modifications resulting in the decision by the Parliament to be the constructor of the Adenauer building.

Please note that according to Bureau minutes of PV BUR. 17.06.2019, the "Parliament’s decision to be the constructor for the ADENAUER building did not prove very successful as Parliament does not possess the necessary resources and know-how in this domain; this decision had led to several modifications and delays in the project and therefore should be avoided in the future."

Yours faithfully,

Nikolaj Nielsen

EUobserver
Rue Montoyer / Montoyerstraat 18B
1000 Brussels
Belgium

AccesDocs, Europäisches Parlament

1 Attachment

Our reference: A(2019)9390 - Acknowledgment of receipt

 

 

Dear Mr Nielsen,

 

The European Parliament hereby acknowledges receipt of your application
for access to documents, which was registered on 26/07/2019.

 

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.

 

In accordance with the above-mentioned Regulation, your application will
be handled within 15 working days upon registration of your request. The
deadline expires on 19/08/2019.

 

Your personal data will be processed in accordance with Regulation (EU)
2018/1725 of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data.

 

The European Parliament reserves the right to ask for additional
information regarding your identity in order to verify compliance with
Regulation (EC) No 1049/2001 and the European Parliament’s implementing
measures.

 

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 European Parliament. Therefore, the European Parliament
cannot be held accountable for any technical issues or problems linked to
the use of this system.

 

Kind regards,

 

 

TRANSPARENCY UNIT

 
European Parliament
Directorate-General for the Presidency
Directorate for Interinstitutional Affairs and Legislative Coordination
[1][European Parliament request email]
[2]www.europarl.europa.eu/RegistreWeb

 

 

References

Visible links
1. mailto:[European Parliament request email]
2. http://www.europarl.europa.eu/RegistreWeb

AccesDocs, Europäisches Parlament

1 Attachment

Our reference: A(2019)9390

 

Dear Mr Nielsen,

 

Further to your application seeking information concerning “all delays and
modifications resulting in the decision by the Parliament to be the
constructor of the Adenauer building”, Parliament would like to point out,
as a first consideration, that the scope of Regulation (EC) No 1049/2001,
as defined in its Article 2(3), extends only to documents held by an
institution, and it does not cover the broader concept of information.

 

Indeed, according to well-established case law, it is necessary to
maintain a distinction between the concept of a document and that of
information, for the purposes of applying Regulation (EC) No 1049/2001.
Information may be distinguished from a document, in particular, as far as
it is defined as a data element that may appear in one or more documents.
In that respect, since none of the provisions of Regulation (EC) No
1049/2001 deals with the right of access to information as such, it cannot
be inferred that the public’s right of access to an institution document
implies a duty on the part of the institution to reply to any request for
information from an individual (Judgment of the General Court of 2 July
2015 in case T-214/13, Typke v Commission, paragraphs 53 and 54). 

 

In addition, the Court considers that the right of access to documents
held by the institutions within the meaning of Article 2(3) of Regulation
(EC) No 1049/2001 applies only to existing documents in the possession of
the institution concerned. Therefore, an application for access to
documents that would require the institution to create a new document,
even if that document were based on information already appearing in
existing documents held by it, does not fall within the scope of
Regulation (EC) No 1049/2001 (Judgment of the Court of 11 January 2017 in
case C-491/15 P, Typke v Commission, paragraph 31). This conclusion is
implicitly confirmed by Article 10(3) of Regulation (EC) No 1049/2001,
stating that documents to which access is granted have to be supplied in
an existing version and format.

 

Secondly, Parliament is hereby replying to you under Article 6(2) of
Regulation (EC) No 1049/2001, which states that:  "If an application is
not sufficiently precise, the institution shall ask the applicant to
clarify the application and shall assist the applicant in doing so, for
example, by providing information on the use of the public registers of
documents".

 

Your application does not specify concrete documents for which you would
like to request public access in the meaning of Article 6(1) of Regulation
(EC) No 1049/2001. This article stipulates that an applicant should make
the application in a sufficiently precise manner as to enable the
institution to identify the documents in question.

 

Therefore, pursuant to Article 6(2) of Regulation (EC) No 1049/2001,
Parliament request clarification so your application states in a
sufficiently precise manner the documents requested in order to allow
Parliament to identify them, if any.

 

On this basis, until reception of your clarification, the statutory
deadlines set by Article 7(1) of Regulation (EC) No 1049/2001 cannot run.
This is due to the fact that at present Parliament is unable to process
and assess your application in the light of Regulation (EC) No 1049/2001.

 

If Parliament has not received your clarification within 20 working days
from the date of this email, Parliament will consider your application as
handled and the file closed.

 

Kind regards,

 

 

 

TRANSPARENCY UNIT

 
European Parliament
Directorate-General for the Presidency
Directorate for Interinstitutional Affairs and Legislative Coordination
[1][European Parliament request email]
[2]www.europarl.europa.eu/RegistreWeb

 

 

References

Visible links
1. mailto:[European Parliament request email]
2. http://www.europarl.europa.eu/RegistreWeb