Member State documents on implementation of the landing obligation in 2017

Die Anfrage war erfolgreich.

Dear Maritime Affairs and Fisheries,

In accordance with Article 2 of Regulation 1049/2001 and Article 3 of Regulation 1367/2001, ClientEarth would like to have access to the responses and relevant supporting documents from the Member States to the Commission’s questionnaire on implementation of the landing obligation in 2017, in connection with the Commission’s obligation to report annually on the implementation of the landing obligation under Regulation 2015/812.

Yours faithfully,

Anne Friel
Lawyer
ClientEarth

Generaldirektion Maritime Angelegenheiten und Fischerei

Dear Madam,

Thank you for your e-mail dated 11/04/2018. We hereby acknowledge receipt of your application for access to documents, which was registered on 12/04/2018 under reference number GestDem 2018/2090.

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 04/05/2018. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

MARE ACCESS TO DOCUMENTS
 

European Commission
DG Maritime Affairs and Fisheries
Unit E.4 – Legal Affairs

 

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EC ARES NOREPLY,

[1]Ares(2018)2074887 - RE: Your application for access to documents -
N°Réf. GestDem 2018/2090 - Member State documents on implementation of the
landing obligation in 2017

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

Dear Mrs Friel,
Thank you for your request for access to documents.
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:
[2]http://ec.europa.eu/transparency/regdoc/...

Best regards,
Cécile DUCATEZ
MARE.E.4 – J-99 05/64 – Tél: 50288

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Dear Ms Ducatez,
Thank you for your message. My postal address is ClientEarth, 60 Rue du Trone (boite 11), 1050 Bruxelles, Belgique.

Regarding the registration of my request, I note that it was already registered on 12 April 2018 and, accordingly, the fifteen working days began to run on that date. In any case, provision of a postal address is not required by Regulation 1049/2001. Indeed, the Regulation provides that requests can be made in electronic form (Article 6(1)) and documents can be disclosed in electronic form (Article 10(1)), with due regard to the applicant's preference (Article 10(3)), which is clearly to receive them on this platform. If the Commission feels that the request is not sufficiently precise, it is obliged to ask the applicant for clarification and to assist the applicant in this process (Article 6(2)). Therefore, postponing registration in the meantime does not comply with the spirit of Regulation 1049/2001. In addition, provision of postal address has not been required in the context of the several requests I have made in the past using asktheeu.org. For example, I refer you to a very similar request I made last year: https://www.asktheeu.org/en/request/acce...

Yours sincerely,
Anne Friel

Mail Delivery System,

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A message that you sent could not be delivered to one or more of its
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Dear Ms Ducatez,
Thank you for your message. My postal address is ClientEarth, 60 Rue du Trone (boite 11), 1050 Bruxelles, Belgique.

Regarding the registration of my request, I note that it was already registered on 12 April 2018 and, accordingly, the fifteen working days began to run on that date. In any case, provision of a postal address is not required by Regulation 1049/2001. Indeed, the Regulation provides that requests can be made in electronic form (Article 6(1)) and documents can be disclosed in electronic form (Article 10(1)), with due regard to the applicant's preference (Article 10(3)), which is clearly to receive them on this platform. If the Commission feels that the request is not sufficiently precise, it is obliged to ask the applicant for clarification and to assist the applicant in this process (Article 6(2)). Therefore, postponing registration in the meantime does not comply with the spirit of Regulation 1049/2001. In addition, provision of postal address has not been required in the context of the several requests I have made in the past using asktheeu.org. For example, I refer you to a very similar request I made last year: https://www.asktheeu.org/en/request/acce...

Yours sincerely,
Anne Friel

EC ARES NOREPLY,

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2018)2095610 - Your application for access to documents – Ref
GestDem No 2018/2090 + 2018/2076 - Postal address - ACKR

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

Dear Ms Friel,

 

Thank you for your e-mail dated 19/04/2018 regarding your postal address,
of which we hereby acknowledge receipt.

 

With respect to your questions regarding the provision of a postal address
(copied below), please find our explanations below.

 

On 1 April 2014, the postal address became a mandatory feature for the
purpose of introducing a request for access to documents.

 

The decision to ask for a postal address from applicants for access to
documents was triggered by the following considerations:

 

·       the need to obtain legal certainty as regards the date of receipt
of the reply by the applicant under Regulation 1049/2001. Indeed, as
foreseen by Article 297 of the Treaty on the Functioning of the European
Union (TFEU), […] 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. Replies triggering the possibility for
administrative or judicial redress are therefore transmitted via
registered mail with acknowledgement of receipt. This requires an
indication of a valid postal address by the applicant;

 

·       the need to direct the Commission's scarce resources first of all
to those requests which have been filed by "real" applicants. With only a
compulsory indication of an e-mail address, applicants can easily
introduce requests under an invented identity or under the identity of a
third person. Asking for a postal address helps the Commission to protect
the administration, as well as other citizens and legal persons, from
abuse;

 

·       for similar reasons, asking for a compulsory indication of a
postal address enables the Commission services to verify whether Article
6(3) of the Regulation, on voluminous requests, is being evaded by
introducing several requests under different identities. Indeed, in its
Ryanair judgment, the General Court confirmed that Article 6(3) cannot be
evaded by splitting the application into a number of applications. The
Commission would like to point out that, in 2012/2013, it received some 57
confirmatory requests from what it suspects to be one single applicant
operating under 13 different identities;

 

·       knowing whether the applicant is an EU resident in the sense of
Article 2(1) of Regulation 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
45/2001. Article 9 of Regulation 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 postal address enabling the
Commission to ascertain that the minimum data protection standards will be
respected.

 

All of these considerations show that the request for and the consequent
processing of a 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 (a) of Data Protection Regulation 45/2001,
namely providing a smooth and effective access to documents.

 

The Commission has been applying this approach since 1 April 2014, because
of numerous problems encountered by the Commission in its previous
practice (legal uncertainty, false identities used etc.). We also would
like to point out that other institutions, such as the Court of Justice,
already ask for the address in their respective electronic forms for
access to documents requests.

 

Best regards,

Cécile DUCATEZ
MARE.E.4 – J-99 05/64 – Tél: 50288

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3D7F5.818D5940
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/ext/doc...

EC ARES NOREPLY,

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2018)2095937 - Your application for access to documents – Ref
GestDem No 2018/2090 - DEXT

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

Dear Ms Friel,

We refer to your e-mail dated 12/04/2018 in which you make a request for
access to documents, registered on 12/04/2018 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 and an extended time limit is needed as your
application concerns documents held by the Member States which must be
consulted.

According to the competent service, one month is needed to proceed to
their consultation. Therefore, we will contact you as soon as this
procedure is concluded in order to make available to you the requested
documents.

We apologize for this delay and for any inconvenience this may cause.

Yours sincerely,

Cécile DUCATEZ
MARE.E.4 – J-99 05/64 – Tél: 50288

 

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3D7F6.C0E64740
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/ext/doc...

EC ARES NOREPLY,

1 Attachment

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2018)2329245 - GESTDEM 2018/2090

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

Dear Ms. Friel,

We refer to your request for access to documents dated 11/04/2018 and
registered on 12/04/2018 under reference number GESTDEM 2018/2090.

Please note that the Commission received the agreement for disclosure from
Cyprus regarding the attached document.

For the remaining documents, our services are still expecting the replies
from the Member States concerned.

Best regards,

Cécile DUCATEZ
MARE.E.4 – J-99 05/64 – Tél: 50288

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3E22C.783BA6D0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/ext/doc...

EC ARES NOREPLY,

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2018)2331522 - GESTDEM 2018/2090

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

Dear Ms. Friel,

Further to my earlier email, please find enclosed a link for the requested
documents: [5]https://stecf.jrc.ec.europa.eu/plen1801 where they can be
found under "background documents".

Best regards,

Cécile DUCATEZ

MARE.E.4 - J-99 05/64 - Tel: +32.2.295.02.88

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3E235.70CACF80
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/ext/doc...
5. https://stecf.jrc.ec.europa.eu/plen1801

Dear Ms Ducatez,
Thank you for your reply. We notice that the reports for the following Member States were not among those to which we were given access: Croatia, France, Italy, Latvia, Netherlands, Portugal, Romania and UK. We presume this is because these Member States have not yet submitted their reports to you. Could you confirm that this is the reason and whether any other reports have been submitted since the date of your last reply?
With kind regards,
Anne Friel
Lawyer/ Juriste, Environmental Democracy
t. +32 (0) 28 08 0172
ClientEarth, 60 Rue du Trône (Box 11), Brussels, 1050

EC ARES NOREPLY,

[1]Ares(2018)3014443 - RE: access to documents request - Member State
documents on implementation of the landing obligation in 2017 - GESTDEM
2018/2090

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

Dear Ms Friel,
Yes, I confirm that after checking with the relevant services within DG
MARE, no more reports were received.

Best regards,
Cécile DUCATEZ
MARE.E.4 – J-99 05/64 – Tél: 50288

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