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Recovery of penalties imposed on Poland

Hubert Smoliński made this Informationsfreiheit request to Generaldirektion Haushalt

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Dear Budget,

Under the right of access to information in the EU treaties, as developed in the European Code of Good Administrative Behaviour, I am requesting following information regarding recovery of penalties imposed on Poland under the Treaties:

1. Regarding the letter requesting payment of November 2021 concerning the case C‑121/21 R:
a) What period did the letter requesting payment specifically relate to?
b) What amount was specified in the letter requesting payment?
c) Has a letter of formal notice already been sent to Poland?, as set out in Article 29 of the decision C(2018)5119?
d) Has the letter of formal notice been received by Poland and, if not, when will it be deemed to have been delivered?
e) What is the exact amount of interest charged for late payment?
f) Are there still any compulsory steps that the Commission will take before offsetting can be made?

2. Regarding other possible letters requesting payments concerning the case C-121/21 R:
a) If and when did the Commission send out further letters requesting payments, as set out in Article 27 of the decision C(2018)5119?
b) What periods did these letters cover?
c) When were the letters sent?
d) When were the letters delivered to Poland?

3. Regarding letters requesting payments concerning the case C‑204/21 R:
a) If and when did the Commission send out letters requesting payments, as set out in Article 27 of the decision C(2018)5119?
b) What periods did these letters cover?
c) When were the letters sent?
d) When were the letters delivered to Poland?

Yours faithfully,
Hubert Smoliński

Hubert Smoliński

Dear Budget,

Have you received my request and when I can expect your answer?

Yours faithfully,
Hubert Smoliński

BUDG ACCES DOCUMENTS, Generaldirektion Haushalt

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Request for information - Recovery of penalties imposed on Poland -
Ares(2022)214182  (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 Sir,

 

Thank you for your email of 28/12/2021 (and reminder of 10/01/2022) which
reached our mailbox while our offices were closed. We hereby acknowledge
receipt of your request for information, which was registered on
04/01/2022.

 

In accordance with the code of good administrative behaviour, your request
will be handled within 15 working days of registration.

 

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
[6]Privacy statement – access to documents.

 

Yours faithfully,

 

DG Budget Access to Documents team

European Commission
Directorate-General for Budget

Unit 03 – Strategic Coordination and Communication

[7][DG BUDG request email]

B-1049 Brussels/Belgium

 

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Hubert Smoliński

Dear BUDG ACCES DOCUMENTS,

When I can expect an answer from you? As far as I am concerned, I should have normally received it by 21 January.

Yours sincerely,
Hubert Smoliński

ICARDI Paola, Generaldirektion Haushalt

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Re: access to documents request - Recovery of penalties imposed on
Poland - Ares(2022)558684  (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 Smolinski,

 

Below you can find our replies to your questions sent on 28/12/2021 and
registered in our system on 4/1/2022

 

1. Regarding the letter requesting payment of November 2021 concerning the
case C‑121/21 R:

a) What period did the letter requesting payment specifically relate to?

Reply: Since the order C-121/21R of the Court of Justice did not specify
the periodicity, the Commission of the periods EC is sending the calls for
payment on regular and recurrent basis. Since the date of the C-121/21R
order Poland has received 3 calls.

 

b) What amount was specified in the letter requesting payment?

Reply: The amount specified in each call for payment is calculated in
accordance with the order C-121/21R of the Vice-President of the Court of
Justice of the European Union.

 

c) Has a letter of formal notice already been sent to Poland?, as set out
in Article 29 of the decision C(2018)5119?

Reply: Yes.

 

d) Has the letter of formal notice been received by Poland and, if not,
when will it be deemed to have been delivered?

Reply: Yes.

 

e) What is the exact amount of interest charged for late payment?

Reply: The Article 99(3) and (4) of the Financial Regulation (OJ L 193,
30.7.2018) defines how the late payment interest is calculated.

 

f) Are there still any compulsory steps that the Commission will take
before offsetting can be made?

Reply: The procedure for this is set out in the Articles 101(1) and 102 of
the Financial Regulation (OJ L 193, 30.7.2018) and in the Article 13 of
the decision C(2018)5119.

 

2. Regarding other possible letters requesting payments concerning the
case C-121/21 R:

a) If and when did the Commission send out further letters requesting
payments, as set out in Article 27 of the decision C(2018)5119?

Reply: See our reply to your point 1a.

 

b) What periods did these letters cover?

Reply: See our reply to your point 1a.

 

c) When were the letters sent?

Reply: See our reply to your point 1a.

 

d) When were the letters delivered to Poland?

Reply: See our reply to your point 1a.

 

3. Regarding letters requesting payments concerning the case C‑204/21 R:

a) If and when did the Commission send out letters requesting payments, as
set out in Article 27 of the decision C(2018)5119?

Reply: Since the order C-204/21R of the Court of Justice did not specify
the periodicity, the Commission is sending the calls for payment on
regular and recurrent basis. Since the date of the order Poland has
received 1 call.

 

b) What periods did these letters cover?

Reply: See our reply to your point 3a.

 

c) When were the letters sent?

Reply: See our reply to your point 3a.

 

d) When were the letters delivered to Poland?

Reply: See our reply to your point 3a.

 

Best regards,

 

 

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ICARDI Paola, Generaldirektion Haushalt

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Re: access to documents request - Recovery of penalties imposed on
Poland - Ares(2022)558577  (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 Smolinski,

 

Below you can find our replies to your questions sent on 28/12/2021 and
registered in our system on 4/1/2022

 

1. Regarding the letter requesting payment of November 2021 concerning the
case C‑121/21 R:

a) What period did the letter requesting payment specifically relate to?

Reply: Since the order C-121/21R of the Court of Justice did not specify
the periodicity, the Commission of the periods EC is sending the calls for
payment on regular and recurrent basis. Since the date of the C-121/21R
order Poland has received 3 calls.

 

b) What amount was specified in the letter requesting payment?

Reply: The amount specified in each call for payment is calculated in
accordance with the order C-121/21R of the Vice-President of the Court of
Justice of the European Union.

 

c) Has a letter of formal notice already been sent to Poland?, as set out
in Article 29 of the decision C(2018)5119?

Reply: Yes.

 

d) Has the letter of formal notice been received by Poland and, if not,
when will it be deemed to have been delivered?

Reply: Yes.

 

e) What is the exact amount of interest charged for late payment?

Reply: The Article 99(3) and (4) of the Financial Regulation (OJ L 193,
30.7.2018) defines how the late payment interest is calculated.

 

f) Are there still any compulsory steps that the Commission will take
before offsetting can be made?

Reply: The procedure for this is set out in the Articles 101(1) and 102 of
the Financial Regulation (OJ L 193, 30.7.2018) and in the Article 13 of
the decision C(2018)5119.

 

2. Regarding other possible letters requesting payments concerning the
case C-121/21 R:

a) If and when did the Commission send out further letters requesting
payments, as set out in Article 27 of the decision C(2018)5119?

Reply: See our reply to your point 1a.

 

b) What periods did these letters cover?

Reply: See our reply to your point 1a.

 

c) When were the letters sent?

Reply: See our reply to your point 1a.

 

d) When were the letters delivered to Poland?

Reply: See our reply to your point 1a.

 

3. Regarding letters requesting payments concerning the case C‑204/21 R:

a) If and when did the Commission send out letters requesting payments, as
set out in Article 27 of the decision C(2018)5119?

Reply: Since the order C-204/21R of the Court of Justice did not specify
the periodicity, the Commission is sending the calls for payment on
regular and recurrent basis. Since the date of the order Poland has
received 1 call.

 

b) What periods did these letters cover?

Reply: See our reply to your point 3a.

 

c) When were the letters sent?

Reply: See our reply to your point 3a.

 

d) When were the letters delivered to Poland?

Reply: See our reply to your point 3a.

 

Best regards,

 

 

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Hubert Smoliński

Dear ICARDI Paola,

I am highly disappointed with the level of details shared in the response to my questions. The EC's activities in the area of penalties are exceptionally non-transparent and prevent civil society from being reliably informed about the activities of the Polish administration which burden public finances. I therefore call once again for specific and URGENT answers to the questions:

1. Regarding the letter requesting payment of November 2021 concerning the case C‑121/21 R:
a) What specific period does the demand for payment cover? Was it for 20 September 2021 until 19 October 2021?
b) The applicant is familiar with how the penalty is calculated. The question concerned the amount that the Commission requested from Poland in the letter of formal notice. Was it 15 mln euro?
e) The question was not about the provisions determining the amount of interest that the applicant knows, but about the specific amount of interest that will be deducted.

2. Regarding other possible letters requesting payments concerning the case C-121/21 R:
a) I understand that the Commission is complying with Decision C(2018)5119 and has called on Poland three times to pay penalties for the period 20 September to 19 October. My question relates to the enforcement of payments for the period from 20 October to today. What steps has the Commission taken in this regard?

3. Regarding letters requesting payments concerning the case C‑204/21 R:
a) When did the Commission send this request? What period of non-compliance does it relate to? When the request was deemed to be delivered to Poland? The applicant would like to be able to count when the penalties can be deducted under decision C(2018)5119.

Yours sincerely,
Hubert Smoliński

Hubert Smoliński

Dear ICARDI Paola,

It has been two weeks since my last message when I requested a clarification regarding your answer. I would like to ask when I can expect further explanations?

This information is of crucial importance considering recent agreement between Poland and Czech Republic regarding Turów lignite mine. Also, Polish media shared news that EC is planning to offset first penalties within 10 days, but only for the period from 20 September to 19 October. Therefore, it is even more important for the Polish society to know when the EC will take next steps to offset penalties calculated for the period from 20 October to 4 February (date of withdrawal of the application from the Court of Justice of the European Union).

I am really looking forward to your swift response.

Yours sincerely,
Hubert Smoliński

ICARDI Paola, Generaldirektion Haushalt

[1]RE: Internal review of access to documents request - Recovery of
penalties imposed on Poland - Ares(2022)943126  (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 Smoliński,

On 25 January 2022, you asked further questions concerning information we
provided you on 24 January 2022.
Your questions concern detailed information about amounts (in principal
and interests) and dates of the correspondence regarding ongoing recovery
procedures of financial sanctions imposed on a Member State by an Order of
the European Court of Justice in pending procedures. The requested
information is of a confidential nature and cannot be disclosed.
The Commission has informed Poland that it would proceed with the
offsetting of payments for penalties due under case C-121/21 Czechia v
Poland on Turów lignite mine. The offsetting is for penalties covering the
periods 20/9/2021-19/10/2021 and 20/10/2021 –18/11/2021. The Commission
will proceed with the offsetting after 10 working days from the
notification.

Kind regards,
Paola Icardi

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Hubert Smoliński

Dear ICARDI Paola,

Thank you very much for sharing this valuable piece of information with me. I hope that we can stay in touch regarding further payment dates and deductions of funds.

Yours sincerely,
Hubert Smoliński

Hubert Smoliński

Dear ICARDI Paola,

Please let me ask one additional question. Can you please provide us with information from which European funds/transfers will the sum be offset?

Yours sincerely,
Hubert Smoliński

ICARDI Paola, Generaldirektion Haushalt

[1]RE: Internal review of access to documents request - Recovery of
penalties imposed on Poland - Ares(2022)992394  (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. Smoliński,
In reply to your complementary request for information from which European
funds/transfers will the sum of the Polish penalties related to the Court
of Justice case C-121/21 R be offset, please note that this information is
included in the letter sent to the Polish authorities.
As the letter represents bilateral correspondence between the Commission
and Poland, we will not be commenting on its content.
Kind regards,
Paola Icardi

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Dear ICARDI Paola,

Did the Commission proceed with offsetting penalties?

Yours sincerely,
Hubert Smoliński

Hubert Smoliński

Dear ICARDI Paola,

Referring to the question from 22 February, I would like to ask if the Commission did proceed with offsetting penalties?

Yours sincerely,
Hubert Smoliński

ICARDI Paola, Generaldirektion Haushalt

Dear Mr. Smoliński,

The Commission has notified the Polish authorities that it would proceed with the offsetting for the following penalties:

 under case C-121/21 Czechia v Poland on Turów lignite mine:
1) 1st call for payment for the period 20.09.2021 - 19.10.2021 notified on 7.02.2022
2) 2nd call for payment for the period 20.10.2021 - 18.11.2021 notified on 8.02.2022
3) 3rd call for payment for the period 19.11.2021-18.12.2021 notified on 16.03.2022
4) 4th call for payment for the period 19.12.2021 – 17.01.2022 notified on 31.03.2022

 under case C-204/21R on Disciplinary Chamber of the Supreme Court
1) 1st call for payment for the period 3.11.2021-10.01.2022 notified on 24.03.2022

The Commission proceeds with the offsetting after 10 working days from the offsetting notifications.
Consequently the offsetting took place for all the offsetting letters notified above except (4) under the Turów lignite mine case.

Following an amicable settlement between Czechia and Poland Case C-121/21 was removed from the register by Order of 4 February 2022. The case is therefore closed and no further penalty payments accrue as from 4 February 2022. However, the Commission is legally bound to recover the penalties accrued in the period from 20 September 2021 to 3 February 2022 included, should Poland fail to pay the calls for payment already addressed to the Polish authorities.

When performing offsetting, the Commission fulfils its legal obligation to collect financial penalties imposed by the Court in accordance with its order of 20 September 2021. In this regard, the Commission follows the rules set out in the Financial Regulation, in the absence of payment by the Member State.

Best regards

Paola Icardi

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ICARDI Paola, Generaldirektion Haushalt

ICARDI Paola (BUDG) would like to recall the message, "Recovery of penalties imposed on Poland - Ares(2022)992394".

ICARDI Paola, Generaldirektion Haushalt

[1]FW: Recovery of penalties imposed on Poland - Ares(2022)992394 -
Ares(2022)2792277  (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. Smoliński,

The Commission has notified the Polish authorities that it would proceed
with the offsetting for the following penalties:

       under case C-121/21 Czechia v Poland on Turów lignite mine:
1)      1st call for payment for the period 20.09.2021 - 19.10.2021
notified on 7.02.2022
2)      2nd call for payment for the period 20.10.2021 - 18.11.2021
notified on 8.02.2022
3)      3rd call for payment for the period 19.11.2021-18.12.2021 notified
on 16.03.2022
4)      4th call for payment for the period 19.12.2021 – 17.01.2022
notified on 31.03.2022

       under case C-204/21R on Disciplinary Chamber of the Supreme Court
1)      1st call for payment for the period 3.11.2021-10.01.2022 notified
on 24.03.2022

The Commission proceeds with the offsetting after 10 working days from the
offsetting notifications.
Consequently the offsetting took place for all the offsetting letters
notified above except (4) under the Turów lignite mine case.

Following an amicable settlement between Czechia and Poland Case C-121/21
was removed from the register by Order of 4 February 2022. The case is
therefore closed and no further penalty payments accrue as from 4 February
2022. However, the Commission is legally bound to recover the penalties
accrued in the period from 20 September 2021 to 3 February 2022 included,
should Poland fail to pay the calls for payment already addressed to the
Polish authorities.

When performing offsetting, the Commission fulfils its legal obligation to
collect financial penalties imposed by the Court in accordance with its
order of 20 September 2021. In this regard, the Commission follows the
rules set out in the Financial Regulation, in the absence of payment by
the Member State.

Best regards

Paola Icardi

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