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Nursing Homes Ireland Complaint to EU Commission

Shane Scanlan made this Informationsfreiheit request to Gesundheit und Lebensmittelsicherheit

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Dear Health and Food Safety,

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:

1. A copy of the documented complaint from Nursing Homes Ireland to the EU Commission
2. Documented correspondence (including emails and their attachments) between The EU Commission and Nursing Homes Ireland
3. All documented correspondence (including emails and their attachments) between the EU commission and the Government of The Republic of Ireland and / or the Department of Health Ireland in relation to the complaint submitted by Nursing Homes Ireland

Thank you for your time and attention on this matter.

Yours faithfully,

Shane Scanlan

[email address]

SANTE-ACCESS-TO-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 02/05/2023 and registered on 04/05/2023 under case number 2023/2600.

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 Health and Food Safety - 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 Health and Food Safety,

My Address is:

Shane Scanlan
Ballaghbehy South
Abbeyfeale
Co. Limerick
Republic of Ireland
V94 FH3E

Yours faithfully,

Shane Scanlan

SANTE-ACCESS-TO-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 02/05/2023 and registered on 04/05/2023 under the case number
2023/2600.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 30/05/2023. 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 Health and Food Safety - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

SANTE-ACCESS-TO-DOCUMENTS@ec.europa.eu,

1 Attachment

Dear Madam/Sir,

Please find enclosed the clarification request from DG SANTE.

Kind regards,,

SANTE ACCESS TO DOCUMENTS

Dear Health and Food Safety,

I refer to your recent correspondence

Nursing Homes Ireland lodged a complaint to the European Commission in October 2022 in relation to the following:

The state aid complaint relates to the The Irish State’s operation and administration of the Nursing Home Support Scheme (the Fair Deal Scheme) and the more favourable funding arrangements for public nursing homes, as well as the cross subsidisation of public nursing homes from others parts of the public health services.

Please see link below which provides a description on the complaint

https://m.independent.ie/irish-news/nurs...

If you require any more information please do not hesitate to contact me again.

Yours faithfully,

Shane Scanlan

COMP-F3@ec.europa.eu, Gesundheit und Lebensmittelsicherheit

2 Attachments

Dear Mr Scanlan,

 

Please find attached the reply to your access to documents request
registered under EASE 2023/2600.

 

Best regards,

 

 

European Commission

DG COMP

Unit F3

B-1049 Brussels

 

Wir sind nicht sicher, ob die letzte Antwort auf diese Anfrage Informationen enthält – »falls Sie Shane Scanlan sind, bitte melden Sich an und lassen es uns wissen.