Sanctions and the authorisation of exemptions

Europäischer Auswärtiger Dienst hat geantwortet, dass sie Ihre Anfrage zu einer anderen öffentlichen Körperschaft weitergeleitet haben.

Rights & Accountability in Development

Dear European External Action Service,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain certain information, as detailed below.

BASIS FOR THE REQUEST

Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy [‘Guidelines’], were first adopted by the Council on 8 December 2003. The latest version of the Guidelines is dated 15 June 2012 and was adopted 25 June 2012.

The Guidelines, E. Exemptions, paragraph 25, state:

‘It is important that the legal instruments on financial restrictions, restrictions on admission and other restrictive measures make provision for appropriate exemptions to take account of in particular basic needs of targeted persons, legal fees, extraordinary expenses or, where applicable, humanitarian needs or international obligations, including as host nations of international organisations or the OSCE, with regard to the various restrictive measures taken.’

The Guidelines, F. Exchange of information and reporting requirements, paragraph 29, state:

‘Member States are invited to communicate to the EEAS [European External Action Service] and to the Commission data collected in applying these exemptions in order to improve the quality of the identifiers referred to above.’

REQUESTED INFORMATION

Please can you please provide:

(i) Documents provided by Member States by which the data collected under Guidelines, F. Exchange of information and reporting requirements, paragraph 29, is communicated to the EEAS and/or the Commission/FPI;
(ii) Documents produced by either the EEAS or the Commission/FPI which refers to this data on exemptions.
(iii) Documents from the competent authorities of Member States informing the Commission/FPI when authorisations granting exemptions to restrictive measures have been granted.
(iv) Documents produced by the EEAS or the Commission/FPI that refer to authorisations granting exemptions.

Thank you for your assistance.

Yours faithfully,

Rights & Accountability in Development.

EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

Dear Sir/Madam,

 

This message is an acknowledgement of receipt for your request for access
to documents under Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents (which the EEAS is
also respecting).

 

Your request for access to documents has been registered under reference
number: 2016/048

Please refer to this number in any further correspondence.

 

In accordance with the Regulation, you will receive a reply within 15
working days: 9/6/2016.

 

Yours faithfully,

 

ACCES TO DOCUMENTS (AD)

[1][email address]

SG.AFFGEN.2 – Parliamentary Affairs

 

References

Visible links
1. mailto:[email address]

EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

Dear Sir/Madam,

 

After the examination of your request, our expert thinks it is not in the
remits of the European External Action Service competence. Your request
will be attributed to the European Commission (FPI).

Could you please send us the name of the legal representative of the
organization as well as the email address?

 

Yours faithfully,

 

ACCES TO DOCUMENTS (AD)

[1][email address]

SG.AFFGEN.2 – Parliamentary Affairs

 

References

Visible links
1. mailto:[email address]

Rights & Accountability in Development

Dear EEAS ACCESS TO DOCUMENTS,

Thank you for your response.

Please will you explain your reasoning as to why the request does not, in your view, fall within the remit of the EEAS's competence? We ask this because the EEAS is referred to directly in the Guidelines on restrictive measures in relation to the data collected.

Thank you for your assistance in this matter.

Yours sincerely,

Rights & Accountability in Development

EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

Dear Sir/Madam,

In the relevant Council Regulations on EU restrictive measures, Member States are asked to share information on (authorisations of) exemptions with other MS and the Commission (i.e. FPI), i.e. the EEAS is not mentioned in the legal acts as such.
In practice, it is therefore FPI that would receive such information (and further process the data received), not the EEAS.

Yours faithfully,

EEAS ACCESS TO DOCUMENTS (AD)
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs