Infringement case NL occupational retirement provision
Dear Madam, Sir,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
All documents related to the infringement case INFR(2019)0126, relating to the Netherlands' transposition of Directive (EU) 2016/2341 on the activities and supervision of institutions for occupational retirement provision
Since the case has been closed on 19 May 2022, article 4.2 of Regulation 1049/2001 does not apply here. Even if it were to be argued that it does, there is an overriding public interest, because of the importance of correct and swift transposition of the Directive - which is meant to guarantee protect citizens against harmful environmental noise
Please note I prefer to receive the documents in digital format, not by physical mail.
Sincerely,
Peter Teffer
Follow the Money
Overtoom 197
1054 HT Amsterdam
The Netherlands
Dear Sir,
Thank you for your e-mail of 25 May 2022. We hereby acknowledge receipt of
your application for access to documents, which was registered on 25 May
2022 under reference number GESTDEM 2022/3045.
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 20 June 2022. 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.
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[1]Privacy statement – access to documents.
Yours faithfully,
ACCESS TO DOCUMENTS TEAM (GD)
[2]cid:image001.png@01D45409.F767C980
European Commission
Secretariat-General
SG C.1
[3][email address]
Dear Mr Teffer,
Subject: Your application for access to documents –GESTDEM 2022/3045
We refer to your email of 25 May 2022 in which you make requests for
access to documents, registered on the same day 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 20 June 2022.
An extended time limit is needed, as your application requires a thorough
analysis.
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 11 July 2022.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
FISMA ACCESS TO DOCUMENTS TEAM
Dear Madam, Sir,
I refer to GESTDEM 2022/3045 and your 20 June 2022 e-mail informing me of your inability to handle my application within the time limit of 15 working days.
Please note that the reason for the delay you have given is not in line with Regulation 1049/2001.
Article 7.3 says: "In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given."
An extended time limit is thus only possible in "exceptional cases" and when "detailed reasons are given".
The only reason FISMA has given for the need to extend the time limit, is that the "application requires a thorough analysis".
Unless FISMA is arguing that in normal (non-exceptional) cases access to documents applications do not require a thorough analysis, this is not a valid reason for an extension. All applications for documents require thorough analysis and this can therefore not be sufficient to be labelled an exceptional case.
Sincerely,
Peter Teffer
Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping
[4]Your application for access to documents – Ref GestDem No 2022/3045 -
Ares(2022)5051714 (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)
Dear Mr Teffer,
We are writing again in reference to your application for access to
documents – Ref GestDem No 2022/3045
Our services are still working on your request, unfortunately we will not
be in a position to send you a response this week, but it shall reach you
soon.
We apologise for this delay and thank you for your patience.
Best Regards,
Fisma Acces Documents Team
References
Visible links
1. file:///tmp/cid:filelist.xml@01D89550.D8BA25F0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...