Communication between DG CNECT, other DGs and the Legal Service on FOIA requests

Ihre Anfrage war teilweise erfolgreich.

Mathias Schindler

Dear Legal Service,

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 was recently informed that the Legal Service has been in contact with DG CNECT and several other DGs on the interpretation and compliance with Regulation 1049/2001 with respect to access to documents requests concerning copyright and the ancillary copyright ("press publisher right") in particular. This communication includes the interpretation of Regulation 1049/2001, the definition of document under said Regulation and the application of these rules.

I am requesting all documents from, to and in possession of the Legal Service concerning access to documents requests regarding copyright.

For the avoidance of doubt, "documents" should be understood in a broad sense, it should include emails, notes, protocols, drafts, memos, letters, copies in any form or medium. I want all documents to be included, regardless whether they have been filed, registered, archived or not. Please do not exclude unimportant documents or those which are considered to be "short-lived".

Yours faithfully,

Mathias Schindler

Juristischer Dienst

Dear Mrs Schindler,

We refer to your e-mail below by which you make a request for access to documents under Regulation (EC) No 1049/2001.

Unfortunately you have not indicated your postal address that is required for registering and handling your request in line with the procedural requirements. Please send us your full postal address at your earliest convenience.

Pending your reply, we reserve the right to refuse the registration of your request.

You may, of course, use directly the electronic form for entering your request:
http://ec.europa.eu/transparency/regdoc/...

Best regards,

EUROPEAN COMMISSION
Legal Service
Access to documents team

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Mathias Schindler

Dear Legal Service,

thank you for your reply. You state that a "postal address [...] is required for registering and handling your request in line with the procedural requirements."

Regulation 1049/2001 does not have such a requirement.

The Ombudsperson has decided in case 682/2014/JF that "The Commission’s requirement that all persons who ask for public access to documents must provide their postal address for its paper post sending arrangements, is maladministration."

Please confirm that your request to have me send a postal address was sent in error and that such request is void.

Please confirm the promptly registration of my access to documents request.

In order to not let you delay my request any further, here is a postal address that you can use: Mathias Schindler, Bundestagsbüro Julia Reda MdEP, Unter den Linden 50, 11011 Berlin, Germany.

Yours faithfully,

Mathias Schindler

EC ARES NOREPLY,

[1]Ares(2018)1714880 - RE: access to documents request - Communication
between DG CNECT, other DGs and the Legal Service on FOIA requests

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

Thank you for your reply. Indeed the Ombudsman in decision in case
682/2014/JF has concluded that "The Commission’s requirement that all
persons who ask for public access to documents must provide their postal
address for its paper post sending arrangements, is maladministration".
However, please note that the Commission insists that its system of
requiring the postal address of the applicants before registering a
request for access to documents under Regulation EC (No) 1049/2011 does
not constitute an instance of maladministration.

In fact the provision of the full identity of the requestor, i.e. not only
name and surname, but also the provision of the complete postal address,
are a minimum requirement in order to enable the Commission to verify
whether requests for access to documents are submitted by ‘real’
beneficiaries of Regulation (EC) No 1049/2001. If such requirement is not
fulfilled, requests under an invented identity, unclear identity or under
the identity of a third person can be easily introduced. As a result, the
postal address requirement is the only way to protect the administration,
as well as other citizens and legal persons, from the abuse of the right
to public access. The mere provision of an e-mail address provides
insufficient legal certainty in this respect.

For similar reasons, asking for a compulsory indication of the applicant's
identity and a postal address enables the Commission services to verify
whether Article 6(3) of Regulation 1049/2001, on voluminous requests, is
being evaded by introducing several requests under different identities or
unclear identities.

Furthermore, please not that knowing whether the applicant is an EU
resident in the sense of Article 2(1) of Regulation (EC) No 1049/2001 is a
precondition for the purpose of correctly applying the exception in
Article 4(1)(b) of Regulation 1049/2001 (protection of the privacy and
integrity of the individual), which has to be interpreted in accordance
with Data Protection Regulation (EC) No 45/2001 . Article 9 of Regulation
(EC) No 45/2001 requires the adequacy of the level of protection afforded
by the third country or international organisation when transmitting
personal data to third-country residents or legal persons. It follows
that, in case of requests for documents which include personal data, the
correct application of the data protection rules cannot be ensured in the
absence of a name, surname and a postal address enabling the Commission to
ascertain that the minimum data protection standards will be respected.

Based on the above, we kindly ask for your postal address in order to
proceed with the registration of your request.

Kind regards,

Access to documents team
EUROPEAN COMMISSION
Legal Service
[email address]

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Mathias Schindler

Dear Legal Service,

You.

Already.

Have.

My.

Address.

Please re-read my email to you.

Yours faithfully,

Mathias Schindler

Juristischer Dienst

Dear Mrs Schindler,

Apologies for requesting once more your address. Your request has been registered with registration date the 23rd of March 2018 under reference Gestdem 2018/1846. The deadline for the treatment of your request expires on 18/04/2018, in accordance with regulation (EC) No 1049/2001. You will be informed in due time if this deadline needs to be extended.

Kind regards,

Access to documents team
Legal Service
EUROPEAN COMMISSION

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Juristischer Dienst

1 Attachment

Dear Mr Schindler,
 
We refer to your application for access to documents concerning "copyright
and the ancillary copyright ("press publisher right")" issue.
 
The Legal Service (LS) is dealing with your request. At this stage, we
have already identified the requests for access to documents concerning
the question of the "copygright":
 

* The LS has deal with 4 initial requests concerning legal opinions
originating from it. In addition, SG received 1 confirmatory
application in the context of those initial requests, in the treatment
of which the LS was consulted.

 

* The LS has been consulted at confirmatory stage in the context of 11
confirmatory applications, treated at initial stage by other
Directorates-General. Three (3) of those applications were introduced
by yourself (references GestDem 2015/3828, 2016/4441 and 2017/0859).

 
In this respect, we would kindly ask you to clarify the following points:
 

* does your application concern your 3 requests referred to above or
does it also concern applications made by the other requestors on
copyright ?

 

* are you interested in having access to the exchanges between the LS /
DGs in the context of the treatment of the requests or are you also
interested in having access to the responses and the documents
concerned by each of the requests ?

 
In any case, your application concerns a large number of documents, which
need to be assessed individually and, where necessary, to consult other
services of the Commission. The analysis of these documents and the
referred consultations cannot be carried out within the normal time limits
set out in Article 7 of Regulation 1049/2001. However, Article 6(3) of
Regulation provides for a possibility to confer with applicants with a
view to finding a fair solution, when an application which concerns a very
large number of documents.
 
In accordance with the case law of the EU Courts, such a solution can only
concern the content or the number of documents applied for, not the
deadline for replying Judgment of the Court of Justice of 2 October 2014
in case C-127/13, Guido Strack v Commission, paragraphs 26-28.. Based on
the above-mentioned provision, we would kindly ask you to specify the
objective of your request and whether you could narrow its scope so as to
reduce it in a way that would enable its treatment within the extended
deadline i.e. the 3 requests made by you.
 
In addition, please also note that the Legal Service is presently dealing
with a large number of other requests. The Commission cannot privilege one
applicant and has to guarantee that all the requests are dealt with within
the deadlines of Regulation (EC) No 1049/2001 or, where not possible as in
the present case, to seek for a fair solution that reconciles the
interests of the applicant with those of good administration.
 
We look forward to hearing from you. Thank you for your understanding.
 
(1) Judgment of the Court of Justice of 2 October 2014 in case C-127/13,
Guido Strack v Commission, paragraphs 26-28.
 
Yours sincerely,
 
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
 
Email: [1][SJ request email]
 
 
 
 

References

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1. mailto:[SJ request email]

Mathias Schindler

Dear Legal Service,

"* does your application concern your 3 requests referred to above or
does it also concern applications made by the other requestors on
copyright ?

* are you interested in having access to the exchanges between the LS /
DGs in the context of the treatment of the requests or are you also
interested in having access to the responses and the documents
concerned by each of the requests ?"

The answer to question 1:

My application concerns all applications, including the 3 made by me but also the ones done by other applicants.

The answer to question 2:

I do not need the final responses if they were published by asktheeu.org. Other than that, I am interested in having access to the exchanges as well as all other documents in the scope of this request.

Yours faithfully,

Mathias Schindler

Mathias Schindler

Dear Legal Service,

you write:

"Based on the above-mentioned provision, we would kindly ask you to specify the
objective of your request and whether you could narrow its scope so as to
reduce it in a way that would enable its treatment within the extended
deadline i.e. the 3 requests made by you. "

Please define what you mean by "objective of your request".

I am unable to narrow down the scope even further (see previous mail) and I think that this scope is already reasonable. as it only concerns a number of documents that you have already identified.

Yours faithfully,

Mathias Schindler

Juristischer Dienst

2 Attachments

Dear Mr Schindler,
 
On 18 April 2018, the Legal Service (LS) sent you an email, pursuant to
Article 6(3) of Regulation 1049/2001, with a view to finding a fair
solution for the treatment of your request for access to documents at
subject.
 
As explained in that email your request concerns a large number of
documents relating to the treatment of 4 initial requests by the LS and 12
confirmatory applications on the issue of "copyright and the ancillary
copyright ("press publisher right") We also indicated that the LS is
presently dealing with a large number of other requests (to date 28
requests) and that, in accordance with the principle of good
administration, the Commission cannot privilege one applicant and has to
guarantee that all the requests are dealt with within the deadlines of
Regulation (EC) No 1049/2001.
 
Under these circumstances, the LS informed you that it would not be in a
position of processing your request within the deadline established in
Article 7 of Regulation 1049/2001 and proposed you to specify the
objective of your request and whether you could narrow its scope so as to
be able to deal with it within the extended deadline.
 
In your e-mail you ask us to define the term "objective of your request".
With that term, we wanted you to specify the documents or information you
want to obtain. To that end we posed you 2 questions and ask whether you
could narrow the scope of your request.
 
By email of 18 April 2018 you have specified that: 1) your request
concerns the 3 applications made by you and also the ones made by other
applicants; and 2) you want to obtain the exchanges as well as all other
documents in the scope of the requests with the exception of the replies
published on the web asktheeur.org.  You furthermore indicate that you are
unable to narrow down the scope and you consider that it is already
reasonable.
 
In response to your email, we would like to indicate the concrete work
that entails the processing of your request:
 

* Identification of the documents falling under its scope. We have
already identified the number and references of the requests concerned
by your application. We have also made a random research of the
documents that would be covered by your request:

i. In the context of the 4 initial requests dealt with by the LS we have
identified 8 legal opinions and about fifteen emails and/or series of
emails which in some cases contain also attached documents;
ii. In the context of the 3 confirmatory applications made by you we have
also identified about fifteen emails containing also attached
documents.

 
Please note that identifying, at this stage, the documents relating to the
9 remaining confirmatory applications would entail an unreasonable
administrative burden and would be disproportionate.
 

* Establishment of a complete list of concerned documents.

 

* Assessment of the content of the documents in light of the exceptions
of Article 4 of Regulation 1049/2001.

 

* Where applicable, consultation of other Commission's services.

 

* Drafting of the reply.

 

* Where applicable, redaction of those parts of the documents to which
one or several exceptions applies. Please note that all the documents
contain personal data to be blanked out.

 

* Internal review and approval of the draft decision.

 

* Preparation of the reply and the documents for dispatch.

 
Having regard to the number of documents requested and to the work that
entails the treatment of your application as well as to the fact that you
refuse to narrow down your request in a way that would allow the LS to
deal with it, we have proceeded to the unilateral restriction of your
application to the documents that can be dealt with within the extended
deadline that will expire on 15 May 2018. Based on the information
available we have not been able to identify any other conceivable way of
dealing with your request.
 
Consequently, the LS will consider for the purpose of your application the
documents relating to the 3 confirmatory applications introduced by you
i.e. references GestDem 2015/3828, GestDem 2016/4441 and GestDem
2017/0859, the three of them lodged via the AsktheEU.org website.
 
Yours sincerely,
 
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
 
Email: [1][SJ request email]
 
 
______________________
 
Isabel ITURRITZA
Legal Officer
European Commission
Legal Service
 
BERL 1/107
B-1049 Brussels/Belgium
+32 2 295 36 58
email: [email address] 
 
 
 

References

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1. mailto:[SJ request email]

Mathias Schindler

Dear Legal Service,

I do not consent to your attempts to narrow down the scope of this request and you have failed to provide a convincing reason why your course of action is sanctioned by the Regulation 1049/2001.

On the contrary, you have already pointed out that a significant amount of work to identify the documents in question has already been done or would have already been done assuming proper administration.

The days between March 23 and March 28 were wasted by the Legal Service's rather pointless attempt to impose a postal address requirement and the subsequent failure to realize that the Legal Service was already informed of the postal address by March 23. In a twist of prophetic nature, the paragraph started with "In order to not let you delay my request any further,".

It is safe to assume that the Legal Service would be in a much better position to react to access to documents requests if it didn't indulge in such time-consuming exercises. In any case, the effects of these failures do not constitute a reason for then restricting or denying access to information.

In this request, the Legal Service seems to consider it a "Wide-scope initial request for access to documents." I would dispute this assessment, the scope is not wide, it is precise and normal. But even if it would be considered a wide-scope request, the Legal Service did not follow its own rules how to deal with such requests. No attempts were made to propose a fair solution as detailed in 2.2.3 of the Guidance Note of August 27, 2015 by the Secretariat General, especially with regards to setting an order of priority and agreement to a calendar for dealing with the documents.

Yours faithfully,

Mathias Schindler

Juristischer Dienst

1 Attachment

Dear Mr Schindler,
 
We refer to your request for access to documents registered under the
reference in the subject. We also refer to the e-mails we sent you on 18
April 2018 and 30 April 2018, pursuant to Article 6(3) of Regulation
1049/2001.
 
The Legal Service is dealing with your application in the process of which
we have to consult other DGs. This process is still ongoing and,
therefore, we will not be in a position of completing the handling of your
application within the time limit of 15 working days, which expires today,
15/05/2018. Please be assured that we will do our utmost to send you the
reply in the shortest time possible.
 
We apologise for this delay and for any inconvenience this may cause.
 
Yours sincerely,
 
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
Email: [1][SJ request email]
P Before printing, think about the environment
 
 
 
 
 
 

References

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1. mailto:[SJ request email]

Mathias Schindler

Dear Legal Service,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Communication between DG CNECT, other DGs and the Legal Service on FOIA requests'.

The Legal Service has not answered within the deadlines defined by the Regulation.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/comm...

Yours faithfully,

Mathias Schindler

EC ARES NOREPLY,

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)2592683 - Your confirmatory application - Gestdem 2018/1846 -
Communication between DG CNECT, other DGs and the Legal Service on FOIA
requests

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

 

Thank you for your email dated 15/05/2018 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by the
Legal Service in reply to your initial application GESTDEM 2018/1846.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 18/05/2018 (Ares(2018)2592574).

 

Your application will be handled within 15 working days (11/06/2018).  In
case this time limit needs to be extended, you will be informed in due
course.

 

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery.  We kindly offer you the possibility to provide us a contact
phone number (by email to [6][email address]), so that the
external delivery service can contact you in case of absence.

 

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

 

Yours faithfully,

 

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[7]cid:image001.png@01D3BD42.20769590

European Commission

Secretariat-General

SG B.4 – Transparency

[8][email address]

 

 

 

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Juristischer Dienst

2 Attachments

 

Dear Mr Schindler,

 

Please find attached an advance copy of a letter concerning a consultation
in accordance with Regulation (EC) N° 1049/2001 regarding public access to
European Parliament, Council and Commission documents – Gestdem 2018/1846.

Please note that the paper copy will be hand delivered.

Yours sincerely,

 

 

ACCESS TO DOCUMENTS TEAM (MN)

 

[1]cid:image001.png@01D3BD42.20769590

European Commission

Secretariat-General

SG B.4 – Transparency

[2][email address]

 

 

References

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2. mailto:[email address]

Mathias Schindler

Dear Legal Service,
Dear Mr. Kröger

thank you for your letter dated June 7, 2018.

In your letter, you are proposing a "fair solution" for handlnig the confirmatory request GESTDEM 2018/1846.

As you know, the initial request was made to the Legal Service on March 22, 2018. Considerable time was wasted by the Legal Service when it both a) attempted to stall the request by imposing arbitrary requirements (such as a postal address requirement) without the legal basis nor the need to do so and b) when it failed to realise that - in the interest of a speedy processing of my request, the information was provided by my regardless of the need to do so. It is safe to assume that this request would be in a much better state of processing by now if the Legal Service wouldn't have started this tactic.

Having said that, any "fair solution" should not validate or reward the Legal Service's maladministion and it certainly should not encourage the Legal Service to obstruct access to documents even further. Your proposal is not fair and cannot be accepted.

In a previous request to another DG, a proposal for a fair solution did contain the suggestion that the institution would - within a very reasonable timeframe - provide a list of the documents identified (with some easy to compile metadata such as date, sender, recipient, general topic) and that the applicant would then indicate which of these documents should be assessed and processed for release in Compliance with Regulation 1049/2001.

I am willing to give this procedure another try in order to not create unnecessary burden to the administration:

* By June 19, 2018, the SG is going to provide such a list containing the 109 or more documents that have been so far identified. You are free to include remarks such as the "preliminary assessments that suggest the possibility of granting (at least wide) access" or any other data that was compiled already and could be released without significant additional effort.

* In the same week, I will identify the documents that should be processed for release. I assume that the number might be close to the 20 documents in your suggestion.

* These documents should be released before July 6, 2018.

I trust that you will accept this proposal for a fair solution.

Yours faithfully,

Mathias Schindler

EC ARES NOREPLY,

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)3057018 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2017/1846

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

 

I refer to your e-mail of 15 May 2018, registered on 18 May 2018, by which
you submit a confirmatory application in accordance with Article 7(2) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (‘Regulation 1049/2001’).

 

I also refer to our letter dated 7 June 2018 in which we contacted you
with a view to finding a fair solution concerning the handling of your
confirmatory application. Given the circumstances described in the letter,
we are not in a position to reply to your confirmatory request within the
prescribed time limit that expires on 11 June 2018.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation 1049/2001. The new deadline for
your application expires on 2 July 2018.

 

Yours sincerely,

 

Martine Fouwels

Deputy Head of Unit

[6]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

 

References

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1. file:///tmp/cid:filelist.xml@01D40180.282BD570
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

EC ARES NOREPLY,

1 Attachment

[1]Ares(2018)3167689 - Your confirmatory application GESTDEM 2018/1846 -
list of documents in the framework of a fair solution

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

Thank you very much for your reply to the proposal for a fair solution.

Please find enclosed the requested list of 111 documents which have been
identified by the European Commission as falling within the scope of your
confirmatory application under the reference GESTDEM 2018/1846. Documents
which had been published on the AsktheEU-website have not been taken into
account in this list.

We would like to ask you to select the 20 documents from this list which
should be the subject of the confirmatory decision replying to your
above-mentioned application. We would be very grateful if you could
provide us with your selection by Tuesday 19 June 2018.

Thank you very much in advance for your cooperation.

Yours sincerely,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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Juristischer Dienst

2 Attachments

Dear Mr Schindler,

 

We refer to our message of Friday 15 June 2018 and the list of documents
that we have sent to you (see below and enclosed).

 

We would like to ask you to provide us with your selection of 20 documents
by Friday 22 June COB at the latest.

 

If we do not receive such a selection by this date we will proceed based
on the information available to us.

 

Thank you very much in advance for your cooperation.

 

Yours sincerely,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

From: EC ARES NOREPLY [mailto:[email address]]
Sent: Friday, June 15, 2018 11:05 AM
To: [FOI #5285 email]
Subject: Ares(2018)3167689 - Your confirmatory application GESTDEM
2018/1846 - list of documents in the framework of a fair solution

 

[1]Ares(2018)3167689 - Your confirmatory application GESTDEM 2018/1846 -
list of documents in the framework of a fair solution

 

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.

Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

Thank you very much for your reply to the proposal for a fair solution.

Please find enclosed the requested list of 111 documents which have been
identified by the European Commission as falling within the scope of your
confirmatory application under the reference GESTDEM 2018/1846. Documents
which had been published on the AsktheEU-website have not been taken into
account in this list.

We would like to ask you to select the 20 documents from this list which
should be the subject of the confirmatory decision replying to your
above-mentioned application. We would be very grateful if you could
provide us with your selection by Tuesday 19 June 2018.

Thank you very much in advance for your cooperation.

Yours sincerely,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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EC ARES NOREPLY,

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)3358277 - FW: Your confirmatory application GESTDEM 2018/1846

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

 

We refer to our proposal for a fair solution of 7 June 2018 in the context
of your above-mentioned confirmatory application. In this framework, we
suggested to deal with 20 documents concerning at least three
access-to-documents requests.

 

Through your reply of 11 June, you agreed in principle with this proposal,
but asked us to provide you with a list of documents identified by the
Commission as falling under the scope of your confirmatory application, on
the basis of which you would select the documents which should be the
subject of the related confirmatory decision. You pointed out that you
would identify these documents in the week of 18 June.

 

On 15 June, we sent you the requested list of documents and highlighted
that we would be grateful to receive your selection of documents by 19
June. As we did not get a reply from you on that date we asked you again
on 21 June to provide us with your selection by Friday 22 June COB at the
latest and indicated that we will otherwise proceed based on the
information available to us. You did not reply to this message either.

 

However, we understand from your request to select the documents yourself
that you are potentially not interested in the documents that would have
been chosen by us in this regard.

 

In order to process your request further, and in order to safeguard the
interests of good administration, we would thus like to ask you to provide
us as soon as possible with a list of documents which should, in your
view, fall under the restricted scope of your confirmatory application.

As time has passed since we consulted you, on 7 June, on a fair solution
to your confirmatory request offering the handling of 20 documents, and
taking into account the still existing need to conduct internal
consultations on the documents concerned, we will only be able to handle 5
documents in the remaining working days before the expiry of the extended
deadline on 2 July 2018, without considering the time necessary for
consulting the hierarchy and obtaining final approval of the reply to your
confirmatory application.

 

If your reply does not reach us by tomorrow, 26 June 2018 COB, we will
take a decision on your confirmatory application under reference GESTDEM
2018/1846 on the basis of the information that is available to us, taking
into account the need to safeguard the interest of good administration in
accordance with the applicable case law.

 

Yours sincerely,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

 

From: SG ACCES DOCUMENTS
Sent: Thursday, June 21, 2018 12:13 PM
To: '[FOI #5285 email]'
Subject: FW: Ares(2018)3167689 - Your confirmatory application GESTDEM
2018/1846 - list of documents in the framework of a fair solution

 

Dear Mr Schindler,

 

We refer to our message of Friday 15 June 2018 and the list of documents
that we have sent to you (see below and enclosed).

 

We would like to ask you to provide us with your selection of 20 documents
by Friday 22 June COB at the latest.

 

If we do not receive such a selection by this date we will proceed based
on the information available to us.

 

Thank you very much in advance for your cooperation.

 

Yours sincerely,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

From: EC ARES NOREPLY [[6]mailto:[email address]]
Sent: Friday, June 15, 2018 11:05 AM
To: [7][FOI #5285 email]
Subject: Ares(2018)3167689 - Your confirmatory application GESTDEM
2018/1846 - list of documents in the framework of a fair solution

 

[8]Ares(2018)3167689 - Your confirmatory application GESTDEM 2018/1846 -
list of documents in the framework of a fair solution

 

Sent by ve_sg.accessdoc (SG) <[9][email address]>. All responses
have to be sent to this email address.

Envoyé par ve_sg.accessdoc (SG) <[10][email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

 

Dear Mr Schindler,

Thank you very much for your reply to the proposal for a fair solution.

Please find enclosed the requested list of 111 documents which have been
identified by the European Commission as falling within the scope of your
confirmatory application under the reference GESTDEM 2018/1846. Documents
which had been published on the AsktheEU-website have not been taken into
account in this list.

We would like to ask you to select the 20 documents from this list which
should be the subject of the confirmatory decision replying to your
above-mentioned application. We would be very grateful if you could
provide us with your selection by Tuesday 19 June 2018.

Thank you very much in advance for your cooperation.

Yours sincerely,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

Zitate anzeigen

Mathias Schindler

Dear Legal Service,
Dear Carlos Remis,

thank you for your letter dated June 25.

The documents are as follows:

GESTDEM 2016/5328
4.1 Legal Service's legal opinion
4.2 Legal Service's legal opinion

GESTDEM 2016/5572
2. Exchange of emails between the Legal Service and DG CNECT of 30/09 and 03/10/2016 with attachment
3. Exchange of emails Legal Service/DG CNECT of 04 and 05/10/2016 with attachment:
4. Email of 06/10/2016 from DG CNECT to the Legal Service with 4 attachments:

GESTDEM 2017/0861
1. Attribution of the initial request to DG CNECT and reattribution to the Legal Service
2. Exchange of emails Secretariat-General/Legal Service between 24/03 and 07/04/2017with attachment:
6. Email of 17/05/2017 of the Secretariat-General to the Legal Service.
7. Email of 09/06/2017 of the Secretariat-General to the Legal Service and reply of the Legal Service of 14/06/2017 with attachment:
8. Exchange of emails between Legal Service/Secretariat-General of 15 and 16/06/2017
9. Consultation of the Secretariat-General of 19/06/2017 and reply of the Legal Service with attachment:

GESTDEM 2015/3828
2. Exchange of emails Secretariat-General/Legal Service and Legal Service's response of 15/12/2015 and its attachment:

GESTDEM 2016/4441
2. Exchange of emails Secretariat-General/Legal Service between 15/11/2016 and 17/11/2016.
3. Exchange of emails Secretariat-General/Legal Service between 24/11/2016 and 25/11/2016.
4. Response of 28/11/2016 of the Legal Service and its attachment:
5. Consultation of 15/12/2016 sent by the Secretariat-General to the Legal Service and its attachments:
6. Response of the Legal Service of 21/12/2016.

GESTDEM 2017/7583, 2017/7585 and 2017/7593
2. Reply of the Legal Service of 15/03/2018.

Request GESTDEM 2017/2215
2. Email of 25/08/2017 of the Legal Service to the Secretariat-General and its attachment:
4. Email of 25/08/2017 of the Legal Service to the Secretariat-General.

Yours faithfully,

Mathias Schindler

EC ARES NOREPLY,

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)3495831 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – Gestdem 2018/1846

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

 

I refer to your e-mail of 15 May 2018, registered on 18 May 2018, by which
you submit a confirmatory application in accordance with Article 7(2) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (‘Regulation 1049/2001’).

 

I also refer to our letter dated 7 June 2018 in which we contacted you
with a view to finding a fair solution concerning the handling of your
confirmatory application and our last e-mail of 25 June 2018 in this
context.
                                                                                                                                         

 

Moreover, I refer to our holding reply of 11 June 2018, by which the time
limit for replying to your confirmatory request was extended by 15 working
days, pursuant to Article 8(2) of the Regulation. This extended time limit
expires on 2 July 2018.

 

I regret to have to inform you that we will not be able to respond within
the extended time-limit as we are still assessing your confirmatory
application.

 

I can assure you that we are doing our utmost to provide you with a final
reply as soon as possible. I regret this additional delay and sincerely
apologise for any inconvenience this may cause.

 

 

Yours sincerely,

 

Martine Fouwels

Deputy Head of Unit

[6]cid:image001.png@01D3F441.D8F5DF00

European Commission

Secretariat General

Unit B4 (Transparency)

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D411FD.429ED2D0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

EC ARES NOREPLY,

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)3731756 - Your confirmatory application - Gestdem 2018/1846

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

 

We refer to your confirmatory application registered under reference
GestDem 2018/1846 and to our holding reply of 2 July 2018.

 

We would like to inform you that the related confirmatory decision is
currently being finalised through the formal decision-making process and
will be sent to you directly thereafter.

 

Yours sincerely,

 

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D3BD42.20769590

European Commission

Secretariat-General

SG B.4 – Transparency

[7][email address]

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D41A87.54AC9290
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
7. mailto:[email address]

Juristischer Dienst

10 Attachments

 
 
Dear Sir,
Please find attached a copy of the confirmatory decision taken on your
request for access to documents registered under Gestdem number 2018/1846,
adopted on 17/07/2018 in the above-mentioned case.
Please note that the Secretariat-General of the European Commission will
proceed with the formal notification of the decision in the coming days.
This copy is solely sent for your information and is not the formal
notification of the confirmatory decision.
 
Yours faithfully,
 
ACCESS TO DOCUMENTS TEAM (GD)
 
European Commission
Secretariat-General
SG B.4 – Transparency
[1][email address]
 
 
 

References

Visible links
1. mailto:[email address]