Access to documents mentioned in Greek Referendum 5 July

Andreas Pavlou made this access to documents request to Secretariat General of the European Commission

Secretariat General of the European Commission did not have the information requested.

From: Andreas Pavlou

Delivered

Dear Secretariat General,

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:

Access to the two documents mentioned in the referendum to take place in Greece on 5 July.

The first document is titled ‘Reforms for the completion of the Current Program and Beyond’ and the second ‘Preliminary Debt sustainability Analysis'

Yours faithfully,

Andreas Pavlou

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Secretariat General of the European Commission

Dear Mr. Pavlou,

Thank you for your request for access to documents.
Unfortunately you have not indicated your postal address that is required for registering and handling your request in line with the procedural requirements.
Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.
You may, of course, use directly the electronic form for entering your request:
http://ec.europa.eu/transparency/regdoc/...

Best regards,

DANIEL VANCAMPENHOUT
Assistant

European Commission
Secretariat General
Unit B4 - Transparency

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From: Andreas Pavlou

Delivered

Dear Secretariat General,

My postal address is Calla Cava de San Miguel 8, 4c, 28005, Madrid.

Yours faithfully,

Andreas Pavlou

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Secretariat General of the European Commission

Dear Mr Pavlou,

Further to your initial application for access to documents introduced on 30/06/2015 , 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,

DANIEL VANCAMPENHOUT
Assistant

European Commission
Secretariat General
Unit B4 - Transparency

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From: Andreas Pavlou

Delivered

Dear Mr. Daniel Vancampenhout,

I work at Access Info Europe, based at Calle Cava de San Miguel 8, 4c, 28005, Madrid.

If you are going to send me correspondence via post, then I would like you to send any correspondence to this address, and not my personal home address, as the request relates to my work. In any case, I would like you to ensure that all correspondence related to this request is also sent via this email address.

Best,

Andreas Pavlou

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Secretariat General of the European Commission

Dear M. Pavlou,

Thank you for your e-mail dated 29/06/2015. We hereby acknowledge receipt of your application for access to documents, which was registered on 01/07/2015 under reference number GestDem 2015/3514

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days. The time limit will expire on 23/07/2015. In case this time limit needs to be extended, you will be informed in due course.

You have lodged your application via the AsktheEU.org website. 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.

Yours faithfully,

DANIEL VANCAMPENHOUT
Assistant

European Commission
Secretariat General
Unit B4 - Transparency

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Secretariat General of the European Commission


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Dear Sir,
 
Please find herewith an advance copy of the reply sent to you today by
registered mail with acknowledgement of receipt.
 
Yours faithfully,
 
ECFIN ACCESS TO DOCUMENTS TEAM
 
European Commission
Directorate-General for Economic and Financial Affairs
R.4: Evaluation, internal control, business continuity and document
management

 
 

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