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Information regarding the case ECS-10/18 the Secretariat of the Energy Community against Bosnia and Herzegovina

Bogdan Gecic made this Informationsfreiheit request to Neighbourhood and Enlargement Negotiations

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Dear Neighbourhood and Enlargement Negotiations,

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:

Any and all information, email, correspondence, briefing notes, informal opinions, minutes and/or any other exchange regarding or containing any reference to the case ECS-10/18 the Secretariat of the Energy Community against Bosnia and Herzegovina, see https://energy-community.org/legal/cases...

This includes but is not limited to any past or pending proposal(s) for Council Decision(s) on the position to be adopted on behalf of the European Union in the Ministerial Council
of the Energy Community and in the Permanent High Level Group of the Energy
Community, with accompanying internal reasoning, as well as, any and all other information in the possession of DG NEAR and its services.

Yours faithfully,

Bogdan Gecic

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gecic,

 

Thank you for your request for access to documents. Your request has been
transferred to the Directorate-General for Neighbourhood and Enlargement
Negotiations (DG NEAR).

Unfortunately, you have not indicated your postal address. This is
necessary 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 have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

 

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

 

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

 

For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.

 

Yours faithfully,

Access to Documents Team

 

[2]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[3][DG NEAR request email]

 

Zitate anzeigen

Dear [email address],

Thank you kindly for your prompt reply.

My full postal address, and other contact details, are as follows:

Bogdan Gecic, partner
Geci Law
M: +381 60 5599 606 E: [email address]
L: Nikole Spasića 2 | 11000 Belgrade | Serbia T: +381 11 4043 570
W: geciclaw.com in: linkedin.com/in/bogdangecic

Yours sincerely,

Bogdan Gecic

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gecic,

 

Thank you for your e-mail of 16 November 2021. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 17 November 2021 under reference number GESTDEM 2021/7050.

 

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 8
December 2021. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

 

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

 

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

 

For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.

 

Yours sincerely,

 

Access to Documents Team

 

[2]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[3][DG NEAR request email]

 

 

Zitate anzeigen

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gecic,

 

We refer to your request for access to documents, registered on 16
November 2021 under the above-mentioned reference number.

 

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today. An extended time limit is
needed for the purpose of internal consultations.

 

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 7 January 2021.

 

We apologise for this delay and for any inconvenience this may cause and
we thank you for your understanding.

 

Yours sincerely,

 

 

[1]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

References

Visible links
2. mailto:[DG NEAR request email]

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gegic,

 

We refer to your request for access to documents, registered on 16
November 2021 under the above-mentioned reference number.

 

As per the second part of your request: “This includes but is not limited
to any past or pending proposal(s) for Council Decision(s) on the position
to be adopted on behalf of the European Union in the Ministerial Council
of the Energy Community and in the Permanent High Level Group of the
Energy Community, with accompanying internal reasoning, as well as, any
and all other information in the possession of DG NEAR and its services”.

 

This description is very wide both in content and timeframe and does not
enable us to identify concrete documents, which would correspond to your
request.

 

We would need more details, specially concerning  your reference to “all
other information” such as type of documents references, dates or periods
during which the documents would have been drawn up, persons or bodies who
drafted the documents, etc. For example, we assume that these documents
would be only related to the case ECS-10/18 the Secretariat of the Energy
Community against Bosnia and Herzegovina which is the main object of your
request.

 

Please don’t hesitate to provide any other information that could help us
to search for the appropriate documents to reply to your request.

 

In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of  Regulation (EC) No 1049/2001, the deadline of 15
working days for handling your application will start running when we
receive the requested clarifications.

 

Thank you in advance for your understanding.

 

Yours sincerely,

 

[1]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

 

References

Visible links
2. mailto:[DG NEAR request email]

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gegic,

 

Please allow us to send you a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[1]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

 

From: NEAR ACCDOC <[DG NEAR request email]>
Sent: Tuesday, January 4, 2022 9:24 AM
To: [FOI #10231 email]
Cc: NEAR ACCDOC <[DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

We refer to your request for access to documents, registered on 16
November 2021 under the above-mentioned reference number.

 

As per the second part of your request: “This includes but is not limited
to any past or pending proposal(s) for Council Decision(s) on the position
to be adopted on behalf of the European Union in the Ministerial Council
of the Energy Community and in the Permanent High Level Group of the
Energy Community, with accompanying internal reasoning, as well as, any
and all other information in the possession of DG NEAR and its services”.

 

This description is very wide both in content and timeframe and does not
enable us to identify concrete documents, which would correspond to your
request.

 

We would need more details, specially concerning  your reference to “all
other information” such as type of documents references, dates or periods
during which the documents would have been drawn up, persons or bodies who
drafted the documents, etc. For example, we assume that these documents
would be only related to the case ECS-10/18 the Secretariat of the Energy
Community against Bosnia and Herzegovina which is the main object of your
request.

 

Please don’t hesitate to provide any other information that could help us
to search for the appropriate documents to reply to your request.

 

In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of  Regulation (EC) No 1049/2001, the deadline of 15
working days for handling your application will start running when we
receive the requested clarifications.

 

Thank you in advance for your understanding.

 

Yours sincerely,

 

[3]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[4][DG NEAR request email]

 

 

References

Visible links
2. mailto:[DG NEAR request email]
4. mailto:[DG NEAR request email]

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gegic,

 

Please allow us to send you a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[1]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

 

From: NEAR ACCDOC <[DG NEAR request email]>
Sent: Tuesday, January 11, 2022 12:17 PM
To: [FOI #10231 email]
Cc: NEAR ACCDOC <[DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

Please allow us to send you a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[3]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[4][DG NEAR request email]

 

 

From: NEAR ACCDOC <[5][DG NEAR request email]>
Sent: Tuesday, January 4, 2022 9:24 AM
To: [6][FOI #10231 email]
Cc: NEAR ACCDOC <[7][DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

We refer to your request for access to documents, registered on 16
November 2021 under the above-mentioned reference number.

 

As per the second part of your request: “This includes but is not limited
to any past or pending proposal(s) for Council Decision(s) on the position
to be adopted on behalf of the European Union in the Ministerial Council
of the Energy Community and in the Permanent High Level Group of the
Energy Community, with accompanying internal reasoning, as well as, any
and all other information in the possession of DG NEAR and its services”.

 

This description is very wide both in content and timeframe and does not
enable us to identify concrete documents, which would correspond to your
request.

 

We would need more details, specially concerning  your reference to “all
other information” such as type of documents references, dates or periods
during which the documents would have been drawn up, persons or bodies who
drafted the documents, etc. For example, we assume that these documents
would be only related to the case ECS-10/18 the Secretariat of the Energy
Community against Bosnia and Herzegovina which is the main object of your
request.

 

Please don’t hesitate to provide any other information that could help us
to search for the appropriate documents to reply to your request.

 

In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of  Regulation (EC) No 1049/2001, the deadline of 15
working days for handling your application will start running when we
receive the requested clarifications.

 

Thank you in advance for your understanding.

 

Yours sincerely,

 

[8]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[9][DG NEAR request email]

 

 

References

Visible links
2. mailto:[DG NEAR request email]
4. mailto:[DG NEAR request email]
5. mailto:[DG NEAR request email]
6. mailto:[FOI #10231 email]
7. mailto:[DG NEAR request email]
9. mailto:[DG NEAR request email]

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gegic,

 

Please allow us to send you again a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[1]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

 

From: NEAR ACCDOC <[DG NEAR request email]>
Sent: Wednesday, January 19, 2022 9:56 AM
To: [FOI #10231 email]
Cc: NEAR ACCDOC <[DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

Please allow us to send you a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[3]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[4][DG NEAR request email]

 

 

From: NEAR ACCDOC <[5][DG NEAR request email]>
Sent: Tuesday, January 11, 2022 12:17 PM
To: [6][FOI #10231 email]
Cc: NEAR ACCDOC <[7][DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

Please allow us to send you a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[8]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[9][DG NEAR request email]

 

 

From: NEAR ACCDOC <[10][DG NEAR request email]>
Sent: Tuesday, January 4, 2022 9:24 AM
To: [11][FOI #10231 email]
Cc: NEAR ACCDOC <[12][DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

We refer to your request for access to documents, registered on 16
November 2021 under the above-mentioned reference number.

 

As per the second part of your request: “This includes but is not limited
to any past or pending proposal(s) for Council Decision(s) on the position
to be adopted on behalf of the European Union in the Ministerial Council
of the Energy Community and in the Permanent High Level Group of the
Energy Community, with accompanying internal reasoning, as well as, any
and all other information in the possession of DG NEAR and its services”.

 

This description is very wide both in content and timeframe and does not
enable us to identify concrete documents, which would correspond to your
request.

 

We would need more details, specially concerning  your reference to “all
other information” such as type of documents references, dates or periods
during which the documents would have been drawn up, persons or bodies who
drafted the documents, etc. For example, we assume that these documents
would be only related to the case ECS-10/18 the Secretariat of the Energy
Community against Bosnia and Herzegovina which is the main object of your
request.

 

Please don’t hesitate to provide any other information that could help us
to search for the appropriate documents to reply to your request.

 

In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of  Regulation (EC) No 1049/2001, the deadline of 15
working days for handling your application will start running when we
receive the requested clarifications.

 

Thank you in advance for your understanding.

 

Yours sincerely,

 

[13]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[14][DG NEAR request email]

 

 

References

Visible links
2. mailto:[DG NEAR request email]
4. mailto:[DG NEAR request email]
5. mailto:[DG NEAR request email]
6. mailto:[FOI #10231 email]
7. mailto:[DG NEAR request email]
9. mailto:[DG NEAR request email]
10. mailto:[DG NEAR request email]
11. mailto:[FOI #10231 email]
12. mailto:[DG NEAR request email]
14. mailto:[DG NEAR request email]

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gegic,

 

Please allow us to send you again a kind reminder of our request for
clarification below.

 

As per the second part of your request: “This includes but is not limited
to any past or pending proposal(s) for Council Decision(s) on the position
to be adopted on behalf of the European Union in the Ministerial Council
of the Energy Community and in the Permanent High Level Group of the
Energy Community, with accompanying internal reasoning, as well as, any
and all other information in the possession of DG NEAR and its services”.

 

This description is very wide both in content and timeframe and does not
enable us to identify concrete documents, which would correspond to your
request.

 

We would need more details, specially concerning  your reference to “all
other information” such as type of documents references, dates or periods
during which the documents would have been drawn up, persons or bodies who
drafted the documents, etc. For example, we assume that these documents
would be only related to the case ECS-10/18 the Secretariat of the Energy
Community against Bosnia and Herzegovina which is the main object of your
request.

 

Please don’t hesitate to provide any other information that could help us
to search for the appropriate documents to reply to your request.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[1]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

 

From: NEAR ACCDOC <[DG NEAR request email]>
Sent: Tuesday, January 25, 2022 3:26 PM
To: [FOI #10231 email]
Cc: NEAR ACCDOC <[DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

Please allow us to send you again a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[3]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[4][DG NEAR request email]

 

 

From: NEAR ACCDOC <[5][DG NEAR request email]>
Sent: Wednesday, January 19, 2022 9:56 AM
To: [6][FOI #10231 email]
Cc: NEAR ACCDOC <[7][DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

Please allow us to send you a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[8]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[9][DG NEAR request email]

 

 

From: NEAR ACCDOC <[10][DG NEAR request email]>
Sent: Tuesday, January 11, 2022 12:17 PM
To: [11][FOI #10231 email]
Cc: NEAR ACCDOC <[12][DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

Please allow us to send you a kind reminder of our request for
clarification below.

 

Please bear in mind that in accordance with the third paragraph of Article
2 of the Detailed rules for the application of  Regulation (EC) No
1049/2001, the deadline of 15 working days for handling your application
will start running when we receive the requested clarifications.

 

Thank you.

 

Yours sincerely,

 

[13]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[14][DG NEAR request email]

 

 

From: NEAR ACCDOC <[15][DG NEAR request email]>
Sent: Tuesday, January 4, 2022 9:24 AM
To: [16][FOI #10231 email]
Cc: NEAR ACCDOC <[17][DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2021/7050 - Request for
clarification

 

Dear Mr Gegic,

 

We refer to your request for access to documents, registered on 16
November 2021 under the above-mentioned reference number.

 

As per the second part of your request: “This includes but is not limited
to any past or pending proposal(s) for Council Decision(s) on the position
to be adopted on behalf of the European Union in the Ministerial Council
of the Energy Community and in the Permanent High Level Group of the
Energy Community, with accompanying internal reasoning, as well as, any
and all other information in the possession of DG NEAR and its services”.

 

This description is very wide both in content and timeframe and does not
enable us to identify concrete documents, which would correspond to your
request.

 

We would need more details, specially concerning  your reference to “all
other information” such as type of documents references, dates or periods
during which the documents would have been drawn up, persons or bodies who
drafted the documents, etc. For example, we assume that these documents
would be only related to the case ECS-10/18 the Secretariat of the Energy
Community against Bosnia and Herzegovina which is the main object of your
request.

 

Please don’t hesitate to provide any other information that could help us
to search for the appropriate documents to reply to your request.

 

In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of  Regulation (EC) No 1049/2001, the deadline of 15
working days for handling your application will start running when we
receive the requested clarifications.

 

Thank you in advance for your understanding.

 

Yours sincerely,

 

[18]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[19][DG NEAR request email]

 

 

References

Visible links
2. mailto:[DG NEAR request email]
4. mailto:[DG NEAR request email]
5. mailto:[DG NEAR request email]
6. mailto:[FOI #10231 email]
7. mailto:[DG NEAR request email]
9. mailto:[DG NEAR request email]
10. mailto:[DG NEAR request email]
11. mailto:[FOI #10231 email]
12. mailto:[DG NEAR request email]
14. mailto:[DG NEAR request email]
15. mailto:[DG NEAR request email]
16. mailto:[FOI #10231 email]
17. mailto:[DG NEAR request email]
19. mailto:[DG NEAR request email]

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Gecic,

 

I refer to your application dated 16 November 2021 , registered on 17
November under the above-mentioned reference number.

 

I also refer to our clarification request sent on 4 January, and reminders
of 11, 19, 25 January and 8 February. In our request we seek clarification
of the second part of your request, especially concerning your reference
to “all other information” as this description is very wide both in
content and timeframe and does not allow to identify concrete documents.
In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of Regulation (EC) No 1049/2001, the deadline of 15
working days for handling your application would have started running
again when we had received the requested clarifications. In line with the
Court of Justice Judgment of 2 October 2014, C-127/13, Guido Strack v
Commission, EU:C:2014:2250, paragraphs 27-28, as we have not received any
reply from your side to our clarification request after 4 reminders, we
are restricting the scope of your application to the main part of your
application.

 

Based on the above, we have identified 93 documents as falling under the
scope of your request that we are going to proceed to send to you.  Please
note that several documents identified as part of your request for access
to documents are correspondence where you are either the sender or in copy
of this documents (letters or emails). Thus, they contain your name, email
and contact data.

 

As per Regulation 1049/2001 on public access to documents, access granted
in response to an application is to be considered as disclosure to the
public at large (erga omnes). Hence, personal data contained in the
documents that are going to be disclosed is not accessible in compliance
with Article 4(1)(b) of Regulation (EC) No 1049/2001 and Article 9(1)(b)
of the Data Protection Regulation (Regulation (EU) 2018/1725).       

 

Still, the Judgment of the General Court of 22 May 2012 in case T-300/10,
Internationaler Hilfsfonds v Commission confirms that an applicant cannot
be denied access to his personal data, therefore,  the Commission
implements this judgement by creating 2 sets of documents that are sent to
an applicant: one set with the applicant’s personal data redacted (erga
omnes access) and a second set of documents with the applicant’s data
accessible.

 

In this particular context, considering the significant number of
documents falling under your request, creating 2 sets of documents would
delay the handling of the case with important additional workload. In
light of these, we kindly ask you if you would like to have access also to
your personal data or you would accept receiving only the erga omnes
version, without your personal data, also taking into account that the
documents containing your personal data where sent by you or you were in
copy of those documents, thus, already in your possession with your
personal data not redacted.

 

We thank you in advance for answering to this email within 3 working days.

 

Yours sincerely,

 

 

[1]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

 

 

References

Visible links
2. mailto:[DG NEAR request email]

Dear [email address],

I am writing to you with regard to your message dated August 26, 2022. Thank you for your message.

I would accept receiving only the erga omnes version, without my personal data.

Yours sincerely,

Bogdan Gecic

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

4 Attachments

Dear Mr Gecic,

 

Please find attached the reply to your request for access to documents,
registered under reference GestDem 2021/7050, along with its attachments.

 

According to standard operational procedure, the reply is usually also
sent to you by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during to
the COVID-19 epidemics, which include the requirement for all Commission
non-critical staff to telework, we are unfortunately not in a position to
follow this procedure until further notice.

 

We would therefore appreciate if you could confirm receipt of the present
e-mail by replying to [1][DG NEAR request email]

 

Thank you in advance.

 

Best regards,

 

European Commission

DG Neighbourhood and Enlargement Negotiations

NEAR Access to Documents

[2][DG NEAR request email]

 

 

 

 

 

 

References

Visible links
1. mailto:[DG NEAR request email]
2. mailto:[DG NEAR request email]

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