Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 10/10/2022 and registered on 12/10/2022 under case number 2022/5805.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• 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
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 [2]Data Protection Regulation (EU)
2018/1725. 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 [3]Regulation (EC) No 1049/2001. 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 ([4]EU:T:2010:511), 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.

Yours faithfully,

Directorate-General for Health and Food Safety - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[email address]
host mxb-00244802.gslb.pphosted.com [185.132.180.112]
SMTP error from remote mail server after end of data:
550 5.7.1 Delivery not authorized. To contact the Commission, please send an email to:
[email address]

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 10/10/2022 and registered on 13/10/2022 under the case number
2022/5805.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 07/11/2022. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

Directorate-General for Health and Food Safety - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Dear Madam,

We are writing to you concerning your request for access to documents on
Applications for RNAi-based pesticides or other plant protection products
or techniques using new breeding technologies sent on 10/10/2022 and
registered on 12/10/2022 under case number 2022/5805.

We kindly ask you to indicate your postal address as soon as possible by
replying to this e-mail.

You have lodged your application via a private third-party 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 that the private third party running the AsktheEU website is
responsible and accountable for the processing of your personal data via
that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

To find more information on how we process your personal data, please see
the [1]privacy statement .

Kind regards

SANTE ACCESS TO DOCUMENTS

European Commission
Health and Food Safety

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Dear Sir/Madam,

We refer to your request dated 13 October 2022 in which you make a request
for access to documents, registered on the same date under the above
mentioned reference number.

Your application is currently being handled. However, we are not in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 07 November 2022.

An extended time limit is needed due to internal consultation.Therefore,
we have to extend the time limit with 15 working days in accordance with
Article 7(3) of Regulation (EC) No 1049/2001 regarding public access to
documents. The new time limit expires on 28 November 2022.

 We apologise for this delay and for any inconvenience this may cause.

 Yours faithfully,

 SANTE ACCESS TO DOCUMENTS

Hello,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2022/5805.

Kind regards,