Ref. Ares(2022)1507398 - 01/03/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR BUDGET
Strategic Coordination and Communication
Brussels
BUDG.03/
Ms Madeline O’Brien
Sent via e-mail only to:
ask+request-10736-
xxxxxxxx@xxxxxxxx.xxx and
ask+request-10734-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Access requests GESTDEM 2022/1050 and GESTDEM 2022/1028
Dear Ms O’Brien,
We requested you to provide a postal address and you replied the following:
“(…) I would like this to be considered as a confirmatory application against your refusal to
process my request without a postal address.(…)
(…) At no point does the Regulation mention that the requester must provide his or her postal
address before the request can even be registered.(…)
(…)Delaying registering a request for want of a postal address in the 21st Century when emails
are a common means of communicating with public administrations is an unnecessary
impediment. It also serves to delay the processing of requests sent to the institutions, which
constitutes an unreasonable and disproportionate impediment to the exercise of the
fundamental right of access to EU documents.(…)
(…)you have not indicated which "procedural requirements" you are referring to, which leaves
me little certainty as to which procedural steps I now need to follow in order to exercise my
right of access to documents. I am therefore requesting a copy of these requirements in order
to know where I stand legally.(…)”
Since 1 April 2014, the submission of a postal address became a mandatory feature for
the purpose of making an application for access to documents. We would like to explain
why we need your postal address in order to register and handle your application for
access to documents:
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
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
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 Data Protection Regulation (EU) 2018/1725 1.
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 Regulation (EC) No 1049/2001 2. 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 3, 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.
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 a postal address in their
respective electronic forms for applications for access to documents.
We therefore kindly reiterate our request to you to provide a full valid postal address, so
we can duly register and handle your request. Please note that, once we receive your
postal address, we will register your request for access as an initial application for access
1
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on
the protection of natural persons with regard to the processing of personal data by the Union
institutions, bodies, offices and agencies and on the free movement of such data, and repealing
Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39
(hereafter referred to as ‘Data Protection Regulation’).
2
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001
regarding public access to European Parliament, Council and Commission documents, OJ L 145,
31.5.2001, p. 43.
3
Judgment of the General Court of 10 December 2010,
Ryanair Ltd v
European Commission, T-
494/08 to T-500/08 and T-509/08, EU:T:2010:511, paragraph 34.
2
to documents in the meaning of Article 6(1) of Regulation (EC) No 1049/2001. The
deadline for handling your initial request shall run as from the moment of registration of
your application following the submission of your postal address.
Please be also informed that, as your application has not been dealt with yet at the initial
level pending the receipt of your postal address, your message cannot be considered a
confirmatory application in the meaning of Article 7(2) of Regulation (EC) No
1049/2001.
Thank you in advance.
Yours sincerely,
Access to Documents Team
c.c.:
SG Access to Documents
3