Ref. Ares(2016)5911436 - 13/10/2016
5. ASK FOR CLARIFICATION IF NEEDED
7. IF YOU ARE UNABLE TO REPLY WITHIN
ACCESS TO DOCUMENTS
THE DEADLINE
If you are unable to identify the document(s)
asked for, you should ask the applicant to
Send the applicant a registered letter, before
Regulation 1049/2001 lays down the basic
provide you with additional information which
the expiry of the 15-day deadline, notifying
principles regarding the right of the public to
will enable you to identify the document or to
him or her of the extension of the deadline
access
any
document
held
by
the
narrow down the request. In that case, the 15-
and giving reasons for the new deadline.
Commission.
working days deadline for reply will apply only
from the date by which you receive this
Failure to reply within the prescribed time limit
The Commission applies a maximum level of
information.
constitutes a tacit refusal and entitles the
transparency and can only refuse access in
applicant to make a confirmatory application.
specific cases provided in Article 4 of the
6.
SEARCH FOR A FAIR SOLUTION IF
Regulation.
NEEDED
8. IF YOU HAVE TO REFUSE THE
REQUEST
If the applicant requests for access to
If you think the request is too voluminous,
documents already published in whatever
inform the applicant in writing, referring to
The reply must:
form, a simple reply with the document or its
Article 6(3) of Regulation and confer with a
• clearly indicate the grounds for the refusal
Internet URL is sufficient.
view to finding a fair solution.
based on one or several of the exceptions
If the document requested has never been
In this case, the statutory deadline of 15
listed in Article 4 of the Regulation and set out
published, this is an access to documents
working days may be replaced by a timetable
specific and detailed arguments justifying the
case in the sense of the Regulation.
agreed with the applicant under Article 6(3) of
refusal;
Regulation.
It has to be registered as such by the Cellule
• inform the applicant of his or her right to
Administration des Documents - Document
appeal to the Secretary General in relation to
Management Team (CAD) and the specific
the application;
procedure has to be followed.
• be signed by the Director General and sent
by registered letter with acknowledgment of
receipt.
DG CONNECT
1. CHECK IF YOU ARE REALLY FACED
2. REGISTER THE REQUEST
4. ASSESS THE REQUEST
WITH A REQUEST FOR ACCESS TO
DOCUMENTS
If the request is received by the Secretary
Draw up a full list of the documents to which
General,
it
will
send
a
letter
of
the request refers and closely examine the
The Regulation applies only to requests for
acknowledgement to the applicant, register
content of each document in order to
access to existing documents,
i.e. "any
the application in GESTDEM and allocate it to
determine
whether
disclosure
would
content whatever its medium (written on paper
CNECT CAD.
undermine one or more of the interests
or stored in electronic form or as a sound,
protected by the exceptions set out in Article 4
visual or audio-visual recording) concerning a
If the request is received by DG CNECT,
of the Regulation. The list must be attached to
matter relating to the policies, activities and
CNECT CAD will register the application in
your reply, except in cases where the
decisions falling within the institution's sphere
GESTDEM,
send
an
acknowledgement
Commission may dispense with an individual
of responsibility" (Article 3 of the Regulation).
receipt to the applicant and allocate it to the
examination of each document (check with the
competent unit in charge.
legal coordinator in DG CONNECT: Unit R4).
• If the request relates to information
which is not contained in documents,
3. PREPARE THE REPLY
In principle, no document is spared the
and if replying would involve compiling
detailed examination of its content, even if it is
The reply shall be sent in the language
information from a number of different
'classified'. If this examination indicates that a
requested by the applicant (provided it is an
documents, it should be considered as
classified document must be disclosed, it
official EU language) within 15 working days
a request for information, to be
needs to be declassified before release.
as from the registration date and using the
processed in accordance with the
templates provided by the Secretary General
Code
of
Good
Administrative
You have three possible replies:
positive
(adapted meaningfully to the content of the
Behaviour for staff of the European
reply (release of the requested document(s));
request whenever necessary).
Commission in their relations with the
negative reply (duly motivated refusal to
public.
release the requested document(s) or devoid
Failure to reply within 15 working days is
of purpose request (no document found));
equivalent to refusing access to the requested
• A document that is 30 years old or
partial access reply (access to part(s) of the
document(s) without giving a reason which
more can be accessed under the rules
requested document(s)).
constitutes grounds for the applicant to send a
on the opening to the public of the
confirmatory application to the Secretary
historical archives.
For negative and partially negative replies you
General and/or to make a complaint to the
need to ask for DG CONNECT Compliance
Ombudsman or the General Court.
Unit's (R4) visa through the Ares signatory
(exception when only personal data is
redacted – this partial negative reply may be
signed by the Head of Unit).
DG CONNECT