Meeting with Formula 1
Dear Sir or Madam,
Referring to Regulation (EC) No 1049/2001 on public access to EU documents and to the 'Aarhus Convention' I would herewith like to ask for access to the following:
All documents—including but not limited to correspondence, emails, minutes, notes (hand written or electronic), audio or video recordings, verbatim reports, operational conclusions, lines to take, briefings, and presentations—related to the following meetings: the two meetings that took place on October 21, 2022, between Paolo Gentiloni and Formula 1, subjects: 'Update on the F1 activities and the related cars industry' and 'short discussion on cars co2 emission'.
In consideration of the environment I would prefer to receive documents electronically.
I would like to make clear I prefer you produce the documents on a rolling basis. At no point should the Commission's search for—or deliberations concerning—certain documents delay the production of others that the Commission has already retrieved and elected to produce.
Should my request be denied wholly or partially, please explain the denial or all deletions referring to specific exemptions in the regulation. Also I would expect the partial release of documents in case of partial exemption according to article 4.6. I reserve the right to appeal.
Please confirm having received this application. I look forward to your reply within 15 business days, according to the regulation.
Thank you for your assistance.
Yours sincerely
Cecile Marchand
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 13/04/2023 and registered on 13/04/2023 under case number 2023/2215.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Directorate-General for Economic and Financial Affairs - Access to
Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Economic and Financial Affairs,
Please find below my postal address:
Cécile Marchand
European Climate Foundation
5 Rue Saint Fiacre
75002 Paris
Yours faithfully,
Cécile Marchand
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 13/04/2023 and registered on 13/04/2023 under the case number
2023/2215.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 05/05/2023. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Directorate-General for Economic and Financial Affairs - Access to
Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Ms Marchand,
We are writing concerning your request for access to Commission documents
registered on 13/04/2023 under case number 2023/2215.
We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. Further internal consultations are needed. Thus, will not be
able to send you the reply within the prescribed time limit expiring on
05/05/2023.
Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 31/05/2023.
We apologise for any inconvenience this may cause.
Yours sincerely,
ECFIN AtD Team
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear ECFIN AtD Team,
Thanks for keeping me posted.
Looking forward to receiving the documents by 31/05/2023 at the latest.
Yours faithfully,
Cécile Marchand
Dear Ms Marchand,
We would like to inform you that we are working to respond to your
requests. However we have not been able to finalise the reply within the
intended deadline of 31 May which expires today.
Further internal consulations are necessary.
We are working to provide you with a reply as soon as possible and
apologise for any inconvenience this may cause.
Yours sincerely,
ECFIN Access to Documents Team
Dear Economic and Financial Affairs,
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 'Meeting with Formula 1'.
You acknowledged the receipt of my request for access to documents sent on 13/04/2023 and registered it on 13/04/2023 under the case number 2023/2215. After having extended the time limit by 15 additional working days, I should have received documents by the 31.05.2023. I didn't receive any reply from you since you extended the time limit by 15 additional working days. This is why I file a confirmatory application.
A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/meeti...
Yours faithfully,
Cécile Marchand
Dear Ms Marchand,
We apologize for not meeting the extended deadline and any inconvenience this may have caused for you.
Despite our best efforts we could not retrieve any documents relating to the meeting you mentioned.
If you wish, we can prepare a formal "no documents held" reply.
We hope this would render your confirmatory application obsolete.
Yours sincerely,
ECFIN Access to Documents Team
Dear Ms Marchand,
We herby acknowledge that the message sent on 15/06/2023 is erroneous and
that due to a clerical error the confirmatory request was not registered.
DG ECFIN has now sent the confirmatory request for registration to SG.
We apologise for the inconvenience in the management of the file.
We are currently working on an initial reply that you will receive at the
end of next week, at the latest.
ECFIN Access to Documents
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/2215, sent on 15/06/2023 and registered on 03/08/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 25/08/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/2215, sent on 15/06/2023 and registered on 03/08/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 25/08/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear Ms Marchand,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/2215.
Please acknowledge the receipt of this message by return email.
Kind regards,
ECFIN Access to Documents Team
Dear [email address],
Hereby I confirm that I received the documents. Thank you very much for reviewing the confirmatory request.
Yours sincerely,
Cécile Marchand