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Traffic Distribution Rule regarding Schiphol Airport and Lelystad Airport

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Marlies de Brouwer

Dear Mobility and Transport,

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. All documents – including but not limited to e-mails, minutes, draft papers - related to the ‘Traffic Distribution Rule’ (TDR) regarding Schiphol Airport and Lelystad Airport.

2. All written communication between, on the one hand, the Dutch government (including Ministry of Infrastructure and Water Management), and on the other hand, the European Commission Directorate General for Transport and Mobility relating to the ‘Traffic Distribution Rule’ (TDR) regarding Schiphol Airport and Lelystad Airport.

Our request covers the period January 1st 2016 until now.

Yours faithfully,

Marlies de Brouwer
FOIA – specialist
de Volkskrant
P.O Box 1002
1000 BA Amsterdam

Generaldirektion Mobilität und Verkehr

Dear Mr de Brower,

You have lodged your application via the AsktheEU.org website introduced on 17 May 2018. Please note that this is a private 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 also that the European Commission is not responsible for any possible processing of personal data by the private organisation running the AsktheEU.org website, through which you have channelled your request. Please refer to their privacy policy.

Of course, you can register your application electronically at the following address:
http://ec.europa.eu/transparency/regdoc/...

Furthermore, concerning this application for access to documents on 17 May 2018, we regret to inform you that your application cannot be handled pending the submission of a valid, real and personal (and not a generic) postal address.

Indeed, on 1 April 2014, the submission of a 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 real and personal 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.

We therefore kindly urge you to please provide a real and valid postal address, so as to enable us to duly register and deal with your initial application for access to documents in the meaning of Article 6(1) of Regulation 1049/2001. The deadline for handling your initial request shall run as from the moment of the registration of your request following the submission of a real, personal and valid postal address.

Thank you in advance.

Kind regards,

MOVE ACCES DOCUMENTS Team

European Commission
Directorate General for Mobility and Transport
Unit MOVE A-4
Legal Issues & Enforcement

▪ Postal address: Europese Commissie/Commission européenne, B-1049 Brussel/Bruxelles
▪ Office address: Rue de Mot 28, B-1040 Brussels
▪ Tel. +32 2 299 11 11
E-mail: [DG MOVE request email]

.......

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Marlies de Brouwer

Dear Mobility and Transport,

Thank you for your reply. My apologies for submission a wrong postal address.

You can register the following address:
Jacob Bontiusplaats 9
1018 LL Amsterdam

Hopefully, you are enable to duly register and deal with my initial application for access to documents in the meaning of Article 6(1) of Regulation 1049/2001.

Yours faithfully,
Ms. M. de Brouwer

Generaldirektion Mobilität und Verkehr

Dear Mr. de Brower,

Your request for access to documents has been registered. This message is an acknowledgement of receipt.
In accordance with Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents, you will receive a reply within 15 working days (12/06/2018).

Documents requested:
1. All documents – including but not limited to e-mails, minutes, draft papers - related to the ‘Traffic Distribution Rule’ (TDR) regarding Schiphol Airport and Lelystad Airport.

2. All written communication between, on the one hand, the Dutch government (including Ministry of Infrastructure and Water Management), and on the other hand, the European Commission Directorate General for Transport and Mobility relating to the ‘Traffic Distribution Rule’ (TDR) regarding Schiphol Airport and Lelystad Airport.
Our request covers the period January 1st 2016 until now.

Commission reference: DG MOVE - GESTDEM 2018/2772

Yours faithfully,

MOVE ACCES DOCUMENTS Team

European Commission
Directorate General for Mobility and Transport
Unit MOVE A-4
Legal Issues & Enforcement

▪ Postal address: Europese Commissie/Commission européenne, B-1049 Brussel/Bruxelles
▪ Office address: Rue de Mot 28, B-1040 Brussels
▪ Tel. +32 2 299 11 11
E-mail: [DG MOVE request email]

Generaldirektion Mobilität und Verkehr

3 Attachments

Dear Madam,

Please find attached a letter on the subject mentioned above.
Kind regards.

 

On behalf of  Mrs DIAZ PULIDO
Head of Unit
 [1]cid:image001.gif@01CDCD4B.06A4FE50
European Commission
Directorate-General for Mobility and Transport

Directorate E - Aviation  -.-   Unit E1 -  Aviation Policy

[2]cid:image002.png@01D2FFDB.D379EEF0

References

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Generaldirektion Mobilität und Verkehr

15 Attachments

Ares (2018)3517258

 

Dear Madam,

Please find attached a letter on the subject mentioned above.

                Please note that  since the attachments are very long, for
environmental reasons, we will only sent them via email.

Kind regards.

                Nuria Marinas

 

 

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