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Commission's proposals for General Data Protection Regulation & Horizon 2020 Regulation COM/2011/810

We're waiting for Mr. Aris KOLIMATSIS to read recent responses and update the status.

Mr. Aris KOLIMATSIS

Dear Secretariat General (SG),

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:

I refer to the following two proposals of the European Commission

I. COM/2012/011 - 2012/0011 (COD), Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)

II. COM/2011/810 - 2011/0399 (COD), Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down the rules for the participation and dissemination in 'Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020)'

I also note that in two applications under Regulation 1049/2001 for Commission internal documents two diametrically opposed approaches were adopted:

Firstly, in GestDem No 2012/5765 the Commission services fully released the internal documents about the proposal the proposal SEC(2012) 679 ‘Guidelines on Whistleblowing’, http://www.asktheeu.org/en/request/whist....

Secondly, in GestDem No 2013/3350 and in its initial response DG RTD totally refused access to the internal documents concerning COM/2011/ 810 final, http://www.asktheeu.org/en/request/horiz.... Remarkably, DG RTD provided the initial response after five months have elapsed since the filing of the application, leaving that applicant completely in the cold, since DG RTD had justified the long delay by its intend to grant the widest possible access, whilst in the end it totally refused access.

Copies of the following documents are kindly applied for:

1. Every single internal document about COM/2012/011 - 2012/0011 (COD)

2. Every single document about COM/2012/011 - 2012/0011 (COD) sent to Member States, including the National Personal Data Protection Authorities

3. Every single document about COM/2012/011 - 2012/0011 (COD) sent to third parties, including the EDPS

4. Every single internal document about COM/2011/810 - 2011/0399 (COD)

5. Every single document about COM/2011/810 - 2011/0399 (COD) sent to the Member States

I am expecting that the Commission services will adopt the very same approach to full transparency as they did in in GestDem No 2012/5765.

Expecting that all documents will be FULLY released with the initial response, I will refrain to rely on the case-law of the Courts of the Union as regards the need for the widest possible transparency for legislative acts and for matters about the fundamental right of personal data protection.

Yours faithfully,

Mr. Aris KOLIMATSIS

Generalsekretariat der Europäischen Kommission

Dear Sir,

Thank you for your email dated 16/12/2013.

We hereby acknowledge receipt of your application for access to documents, which was registered on 16/12/2013 under reference number:

*GestDem 2013/6330 for documents concerning DG JUST (point 1 to 3 of your request) and,

*GestDem 2013/6331 for documents concerning DG RTD (point 4 & 5 of your request).

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days.

The time limit will expire on 16/01/2014. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Carlos Remis
SG.B.5.
Transparence.
Berl. 05/329.

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Generalsekretariat der Europäischen Kommission

2 Attachments

Dear Sir,

 

Please find attached a reply to your email dated 16 December 2013.

 

Kind regards,

 

Secretary to the Head of Unit
 
European Commission
Directorate-General for Justice
Data Protection Unit

Rue Montoyer 59, (MO59 02/015)
B-1049 Brussels/Belgium
Email: [1][email address]

[2]Join the debate on the future of Justice in the European Union.

Register now for the 'Assises de la Justice' (21-22 November 2013)!

 

References

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2. http://ec.europa.eu/justice/events/assis...

Mr. Aris KOLIMATSIS

Dear Secretariat General (SG),

This message concerns GestDem 2013/6330 assigned to DG JUST. It is to be forwarded to the C.3 Unit of DG JUST – Data Protection.

**********

Dear Madam, dear Sir,

Thank you for your letter Ares(2014)112425 - 20/01/2014 requesting a more precise identification of the documents applied for in GestDem 2013/6330. I am glad to provide DG JUST with the additional information.

In the interests of efficiency and swift release of documents, the three requests of 2013/6330 are reformulated in terms of seven ones.

In this application, the term internal document means a document drawn up by the Commission services or the cabinet of a Commissioner, and not intended to be circulated outside the Commission. It includes emails exchanged between Commission officials.

The requests concerning GestDem 2013/6330 - i.e., proposal COM(2011) 011 - are reformulated as follows:

J1. The internal documents drawn up in the framework of the interservices consultations, including all annexes and appendices.

J2. The internal documents exchanged between the DG JUST services and the cabinet of the DG JUST Commissioner, including all annexes and appendices.

J3. The draft text of the proposal DG JUST submitted to the Legal Services for obtaining the observations and comments of the Legal Services.

J4. The opinion of the Legal Services in response to the request of DG JUST for its opinion on the draft text of the proposal.

J5. Notwithstanding requests J1 – J4, the internal documents exchanged between DG JUST and the Legal Services, including all annexes and appendices.

J6. The documents drawn up by the Commission and dispatched directly to third parries except the EU legislature (Parliament and Council), such as Member States and the European Data Protection Supervisor.

J7. Notwithstanding requests J1 – J6, the documents (drawn up by any Directorate-General) with the motivation and rationale for excluding Union Institutions and bodies from the provisions of the proposed Regulation; e.g., recital 14 stating ‘… nor does it cover the processing of personal data by the Union institutions, bodies, offices and agencies, which are subject to Regulation (EC) No 45/2001’.

In view of the reformulation and for the purposes of fixing the time-limits, in the event DG JUST finds that the counting of days should be set back to zero, I express beforehand my agreement to setting the counter of days to a zero value.

I am at your disposal for any additional information or clarification that may be required.

Yours faithfully,

Mr. Aris KOLIMATSIS

Generalsekretariat der Europäischen Kommission

1 Attachment

Dear Mr Kolimatsis,

We refer to your email of 16/12/2013 in which you submit a request for
access to documents, registered on the same day under the above mentioned
reference number.

We would like to reassure you that your application is currently being
processed.

Your request concerns potentially a very large number of documents
possibly held by different services. A thorough research will thus be
required which cannot be carried our within the normal time limits set out
in Article 7 of Regulation 1049/2001.

Yet, the Regulation also provides for a possibility to confer with
applicants in order to find a fair solution in such circumstances. Article
6(3) provides that "in the event of an application relating to a very long
document or to very large number of documents, the institution concerned
may confer with the applicant informally, with a view to finding a fair
solution".

 

Based on this provision, we would kindly ask you whether you would agree
that we extend the deadline for handling your application until 30 March
2014.  Needless to say, we will endeavour to finalise the handling of your
application for access to documents as promptly as possible, depending on
the final number of identified corresponding documents to be assessed.

 

Alternatively, we would kindly ask you whether you could narrow down the
scope of your request, so as to reduce it to a more manageable amount of
documents. If that is not possible and if you maintain your request for
access to all documents concerned by your application, we propose to
handle your application in successive stages. If you accept this proposal,
you could indicate an order of priority, which we will follow as much as
possible in handling your application. You will receive, at regular
intervals, batches of documents which have been cleared for release or a
reasoned reply explaining why some documents cannot be disclosed.

 

If you have any questions concerning this proposal, you can contact us by
email to: [email address]

Thank you in advance for your understanding.

Yours faithfully,

Liliane DE WOLF

Head of Unit

 

[1]cid:image001.gif@01CF0AE9.BBA1E200

European Commission

DG Research & Innovation

J1

ORBN 01/037

1049 Brussels/Belgium

+32 229-61073

[2][email address]

 

[3]http://ec.europa.eu/research

 

 

 

 

 

References

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2. mailto:[email address]
3. http://ec.europa.eu/research

Generalsekretariat der Europäischen Kommission

2 Attachments

Dear Sir,

 

Please find attached a reply to your request for access to document.

 

Kind regards,

 

Secretary to the Head of Unit
 
European Commission
Directorate-General for Justice
Data Protection Unit

Rue Montoyer 59, (MO59 02/015)
B-1049 Brussels/Belgium
[1][email address]

[2]Join the debate on the future of Justice in the European Union.

Register now for the 'Assises de la Justice' (21-22 November 2013)!

 

References

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1. mailto:[email address]
2. http://ec.europa.eu/justice/events/assis...

Mr. Aris KOLIMATSIS

Dear Secretariat General (SG),

This email concerns the application GestDem 2014/655 and the DG JUST letter Ref. Ares(2014)334311 - 11/02/2014.

I would appreciate if it is forwarded to the DG JUST C.3 'Data Protection' Unit.

*******

Dear Ms. Boulanger,

I refer to your letter Ref. Ares(2014)334311 - 11/02/2014 concerning GestDem 2014/655.

This is to set out the preferred priority order for considering and granting access to documents in successive stages. From a higher to lower, the preferred order is defined in terms of the individual requests:

1. J7, 'the motivation and rationale for excluding Union Institutions and bodies from the provisions of the proposed Regulation'

2. J5, 'the internal documents exchanged between DG JUST and the Legal Services, including all annexes and appendices'

3. J4, 'The opinion of the Legal Services in response to the request of DG JUST for its opinion on the draft text of the proposal'

4. J2, 'The internal documents the DG JUST services ... the cabinet of the DG JUST Commissioner ...'

5. J1, '... framework of the interservices consultations...'

6. J6, '... Commission and dispatched directly to third parries except the EU legislature ...'

7. J3, 'The draft text ... DG JUST submitted to the Legal Services ...'

Should DG JUST find useful to provide me with some information about the documents potentially falling under this application (e.g. subject, author, addressee, date), I would be glad to promptly provide DG JUST with feedback about whether a particular document is of interest - to be considered for release.

Yours faithfully,

Mr. Aris KOLIMATSIS

Generalsekretariat der Europäischen Kommission

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    PFS Kolimatsis application for access to documents Gestdem 2013 6331 Ares 2014 325929.html

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Dear Mr Kolimatsis,

We refer to our email of 10 February 2014 in relation to your application
request for access to documents submitted under the framework of
Regulation (EC) N°1049/2001 and registered under the above mentioned
reference number. (Please find attached for your convenience)

In this email, we informed you that your request concerned potentially a
very large number of documents possibly held by different services and
required thus a thorough research which cannot be carried our within the
normal time limits set out in Article 7 of Regulation (EC) N°1049/2001. We
therefore asked you, on the basis of Article 6§3 of the Regulation,
whether you would agree to an extension of the deadline for handling your
application until 30 March 2014. 

We would be grateful if you could confirm, at your earliest convenience,
your acceptance to the above mentioned proposal.

Should you have any questions concerning this proposal, please do not
hesitate to contact us by email to: [1][email address]

Moreover, we would like to reassure you that your application is currently
being processed and that we will endeavour to finalise its handling as
promptly as possible.

We thank you very much in advance for your kind understanding and
patience.

Yours sincerely,

Liliane DE WOLF

Head of Unit

 

[2]cid:image001.gif@01CF0AE9.BBA1E200

European Commission

DG Research & Innovation

J1

ORBN 01/037

1049 Brussels/Belgium

+32 229-61073

[3][email address]

 

[4]http://ec.europa.eu/research

 

References

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1. mailto:[email address]
3. mailto:[email address]
4. http://ec.europa.eu/research

Generalsekretariat der Europäischen Kommission

2 Attachments

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    3K Download

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    PFS NASTAS Application for access to documents Gestdem 2014 479 Case T 224 09 CEVA v.Commission Ares 2014 326090.html

    7K Download

Dear Mr Nastas,

We refer to our email of 10 February 2014 in relation to your application
request for access to documents submitted under the framework of
Regulation (EC) N°1049/2001 and registered under the above mentioned
reference number. (Please find attached for your convenience)

In this email, we informed you that your request concerned potentially a
very large number of documents possibly held by different services and
required thus a thorough research which cannot be carried our within the
normal time limits set out in Article 7 of Regulation (EC) N°1049/2001. We
therefore asked you, on the basis of Article 6§3 of the Regulation,
whether you would agree to an extension of the deadline for handling your
application until 15 April 2014. 

We would be grateful if you could confirm, at your earliest convenience,
your acceptance of the above mentioned proposal.

Should you have any questions concerning this proposal, please do not
hesitate to contact us by email to: [1][email address]

Moreover, we would like to reassure you that your application is currently
being processed and that we will endeavour to finalise its handling as
promptly as possible.

We thank you very much in advance for your kind understanding and
patience.

Yours sincerely,

Liliane DE WOLF

Head of Unit

 

[2]cid:image001.gif@01CF0AE9.BBA1E200

European Commission

DG Research & Innovation

J1

ORBN 01/037

1049 Brussels/Belgium

+32 229-61073

[3][email address]

 

[4]http://ec.europa.eu/research

 

References

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1. mailto:[email address]
3. mailto:[email address]
4. http://ec.europa.eu/research

Mr. Aris KOLIMATSIS

Dear Secretariat General (SG),

This email concerns the application currently handled by DG RTD GestDem 2013/6331.

I would appreciate if you forward it to DG RTD.

******

Dear Ms. De Wolf,

I refer to your email of 4/3/2014, http://www.asktheeu.org/en/request/commi....

In view of some small clerical errors therein, please let me know if the DG RTD intention had been to refer to the application of the undersigned GestDem 2013/6331, http://www.asktheeu.org/en/request/commi....

I would like to take the opportunity to add that in the interests of procedural efficiency, should DG RTD find it useful I will be glad to narrow down the scope of the request #4.

In this context, I submit that members of the public might be interested in understanding the rationale of the new rules in Horizon 2020 (e.g. exclusion of freelancers from eligible costs) in relation to FP6 & FP7. To this end, it is expected that DG RTD will grant full access to such kind of internal documents.

Yours faithfully,

Mr. Aris KOLIMATSIS

Generalsekretariat der Europäischen Kommission

2 Attachments

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    PFS NASTAS Application for access to documents Gestdem 2014 479 Case T 224 09 CEVA v.Commission Ares 2014 326090.html

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Dear Mr Nastas,

Dear Mr Kollimatsis,

 

We would like to confirm herewith that the email below was sent in
relation to Mr Nastas' application registered under the above mentioned
reference number and not concerning Mr Kollimatsis' application registered
under reference number 2013/6331.

In respect to the latter, in accordance with Article 6(3) of Regulation
(EC) N°1049/2001, a proposal for a fair solution was also sent, but with a
different proposed extended deadline (namely 30/03/2014) in light of the
assessment required by the request.

 

Please accept all our apologies for the clerical mistake and for any
inconvenience this may have caused.

 

We thank you very much in advance for your kind understanding.

 

Yours sincerely,

 

DG RTD Access to Documents Team

 

European Commission

DG Research & Innovation

J1

 

ORBN 01/069

1049 Brussels/Belgium

+32 229-99592

[1][email address]

 

 

 

From: RTD ACCESS DOCUMENTS
Sent: Tuesday, March 04, 2014 2:29 PM
To: [FOI #1092 email]
Cc: RTD ACCESS DOCUMENTS
Subject: Enquiry on acceptance of PFS -- NASTAS Application for access to
documents -- Gestdem 2014/479 -- Ares(2014)570697

 

Dear Mr Nastas,

We refer to our email of 10 February 2014 in relation to your application
request for access to documents submitted under the framework of
Regulation (EC) N°1049/2001 and registered under the above mentioned
reference number. (Please find attached for your convenience)

In this email, we informed you that your request concerned potentially a
very large number of documents possibly held by different services and
required thus a thorough research which cannot be carried our within the
normal time limits set out in Article 7 of Regulation (EC) N°1049/2001. We
therefore asked you, on the basis of Article 6§3 of the Regulation,
whether you would agree to an extension of the deadline for handling your
application until 15 April 2014. 

We would be grateful if you could confirm, at your earliest convenience,
your acceptance of the above mentioned proposal.

Should you have any questions concerning this proposal, please do not
hesitate to contact us by email to: [2][email address]

Moreover, we would like to reassure you that your application is currently
being processed and that we will endeavour to finalise its handling as
promptly as possible.

We thank you very much in advance for your kind understanding and
patience.

Yours sincerely,

Liliane DE WOLF

Head of Unit

 

[3]cid:image001.gif@01CF0AE9.BBA1E200

European Commission

DG Research & Innovation

J1

ORBN 01/037

1049 Brussels/Belgium

+32 229-61073

[4][email address]

 

[5]http://ec.europa.eu/research

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
4. mailto:[email address]
5. http://ec.europa.eu/research

Generalsekretariat der Europäischen Kommission

2 Attachments

  • Attachment

    image001.gif

    3K Download

  • Attachment

    PFS NASTAS Application for access to documents Gestdem 2014 479 Case T 224 09 CEVA v.Commission Ares 2014 326090.html

    7K Download

Dear Mr Nastas,

Dear Mr Kollimatsis,

 

We would like to confirm herewith that the email below was sent in
relation to Mr Nastas' application registered under the above mentioned
reference number and not concerning Mr Kollimatsis' application registered
under reference number 2013/6331.

In respect to the latter, in accordance with Article 6(3) of Regulation
(EC) N°1049/2001, a proposal for a fair solution was also sent, but with a
different proposed extended deadline (namely 30/03/2014) in light of the
assessment required by the request.

 

Please accept all our apologies for the clerical mistake and for any
inconvenience this may have caused.

 

We thank you very much in advance for your kind understanding.

 

Yours sincerely,

 

DG RTD Access to Documents Team

 

European Commission

DG Research & Innovation

J1

 

ORBN 01/069

1049 Brussels/Belgium

+32 229-99592

[1][email address]

 

 

 

From: RTD ACCESS DOCUMENTS
Sent: Tuesday, March 04, 2014 2:29 PM
To: [FOI #1092 email]
Cc: RTD ACCESS DOCUMENTS
Subject: Enquiry on acceptance of PFS -- NASTAS Application for access to
documents -- Gestdem 2014/479 -- Ares(2014)570697

 

Dear Mr Nastas,

We refer to our email of 10 February 2014 in relation to your application
request for access to documents submitted under the framework of
Regulation (EC) N°1049/2001 and registered under the above mentioned
reference number. (Please find attached for your convenience)

In this email, we informed you that your request concerned potentially a
very large number of documents possibly held by different services and
required thus a thorough research which cannot be carried our within the
normal time limits set out in Article 7 of Regulation (EC) N°1049/2001. We
therefore asked you, on the basis of Article 6§3 of the Regulation,
whether you would agree to an extension of the deadline for handling your
application until 15 April 2014. 

We would be grateful if you could confirm, at your earliest convenience,
your acceptance of the above mentioned proposal.

Should you have any questions concerning this proposal, please do not
hesitate to contact us by email to: [2][email address]

Moreover, we would like to reassure you that your application is currently
being processed and that we will endeavour to finalise its handling as
promptly as possible.

We thank you very much in advance for your kind understanding and
patience.

Yours sincerely,

Liliane DE WOLF

Head of Unit

 

[3]cid:image001.gif@01CF0AE9.BBA1E200

European Commission

DG Research & Innovation

J1

ORBN 01/037

1049 Brussels/Belgium

+32 229-61073

[4][email address]

 

[5]http://ec.europa.eu/research

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
4. mailto:[email address]
5. http://ec.europa.eu/research

Generalsekretariat der Europäischen Kommission

2 Attachments

Dear Sir,

 

Please find attached our reply to your access to document request.

 

Best regards,

 

 

[1]cid:image001.png@01CE2A38.E318EDC0

European Commission

DG Justice

Unit JUST/C3 - Data Protection

MO 59, 02/46

B-1049 Brussels/Belgium

 

 

References

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Mr. Aris KOLIMATSIS

Dear Secretariat General (SG),

This email concerns GestDem 2014/0655 and the DG JUST letetr Ares(2014)686379 - 12/03/2014. I would appreciate if the Transparency Unit would forward it to the Unit C.3 Data Protection of DG JUST.

***

Dear Ms. Boulanger,

Thank you for your letter Ares(2014)686379 - 12/03/2014, in which DG JUST requested my postal address.

Following a careful consideration of the matter, and having due regard to the probable interest of the public at large as regards the proposal COM/2012/011 - 2012/0011 (COD), I submit that the documents at issue deserve to be disclosed exclusively via the asktheeu.org web site, i.e., in electronic format (which is the undersigned's preferred method).

Dispatching the documents in a paper format would deprive the general public the opportunity of understanding the broad logic behind the proposal about the General Data Protection Regulation. As the subject matter of the proposal concerns the fundamental right of personal data protection - which concerns hundreds of millions of EU citizens - one would expect that electronic means of releasing the documents of GestDem 2014/655 are to be preferred.

In the event DG JUST were to maintain its preference to dispatch the documents in a paper format and is not willing to dispatch the documents electronically, I hereby modify the application GestDem 2014/0655 to concern ONLY the documents DG JUST has readily available in electronic format and DG JUST is prepared to dispatch them as attachments to emails addressed to asktheeu.org.

Finally, I would appreciate if DG JUST would consider to provide me with some sort of a list of the documents identified so far as falling within the scope of the application. This will probably enable me to narrow down significantly the documents to be released.

Yours faithfully,

Mr. Aris KOLIMATSIS

Generalsekretariat der Europäischen Kommission

2 Attachments

Dear Mr Kolimatsis,
 
Please find attached a note for your attention signed by Ms Marianne
Klingbeil.
 
 
 
Best regards,
 
Bernadett BERCZELI
Access to Documents
European Commission
Secretariat General
Unit SG.B4 – Transparency
 
 
 
 

Generalsekretariat der Europäischen Kommission

Dear Mr Kolimatsis,
 
You received a letter signed by Marianne Klingbeil, ref.
Ares(2014)1058060  from the European Commission on 4 April 2014.
 
You have failed to respond within the deadline of 22 April 2014, therefore
your request will not be treated.
 
JUST ACCESS TO DOCUMENTS
 
 

Generalsekretariat der Europäischen Kommission

1 Attachment

Dear Mr Kolimatsis,

 

We refer to your email of 16 December 2013 in which you submitted a
request for access to documents registered on the same day under the above
mentioned reference number.

 

We further refer to the letter signed by Ms Marianne Klingbeil from the
European Commission of 4 April 2014 registered under the following
reference number: Ares(2014) 1058060, which was sent to you.

 

We regret to inform you that following your lack of response to this
letter within the prescribed deadline of 22 April 2014, your request will
not be treated.

 

Yours sincerely,

 

Liliane DE WOLF

Head of Unit

 

[1]cid:image001.gif@01CF0AE9.BBA1E200

European Commission

DG Research & Innovation

J1

ORBN 01/037

1049 Brussels/Belgium

+32 229-61073

[2][email address]

 

[3]http://ec.europa.eu/research

 

 

References

Visible links
2. mailto:[email address]
3. http://ec.europa.eu/research

Wir sind nicht sicher, ob die letzte Antwort auf diese Anfrage Informationen enthält – »falls Sie Mr. Aris KOLIMATSIS sind, bitte melden Sich an und lassen es uns wissen.