Compulsory Acquisition of Natura 2000 sites
Dear Environment,
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) Please revert with all reports on compulsory acquisition of Natura 2000 sites from each member state since the establishment of the network as funded by the European Union.
2) Please provide all reports on aforesaid by funding mechanism for each member state.
3) Please provide details of funding available in current budget for compulsory acquisition of Natura 2000 sites.
Yours faithfully,
Mr McHugh
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 10/08/2023 and registered on 11/08/2023 under case number 2023/4812.
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 Environment - 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/...
Dear Environment,
With reference to your request I legally confirm that I am a lawful citizen of the European Union. My personal contact details not for publication are as follows.
Harry McHugh
Ardlougher
Cashelgolan
Ardara P.O
Portnoo
Donegal
Ireland
Yours faithfully,
Mr McHugh
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 10/08/2023 and registered on 11/08/2023 under the case number
2023/4812.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 04/09/2023. 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 Environment - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr McHugh,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4812.
Kind regards,
Nature Conservation Unit
Dear Environment,
Further to your pdf letter, please be advised I require reports on land purchase and or long term appropriation of land use rights related to the natura 2000 network for the period of may 1992 to July 2023.
According to Frank Vassen European Commission over 200, 000 Hectares have been purchased. As such
1) Please revert with all reports on acquisition / purchase of Natura 2000 sites from each member state since the establishment of the network as funded by the European Union.
2) Please provide all reports on aforesaid by funding mechanism for each member state.
3) Please provide details of funding available in current budget for compulsory acquisition of Natura 2000 sites.
As European taxpayers are ultimately funding this network, records of the commissions activities in this area must exist.
Yours faithfully,
Mr McHugh
Dear Mr Mc Hugh,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4812.
Kind regards,
Nature Conservation Unit
Dear Mr Mc Hugh,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4812.
Please acknowledge the receipt of this message by return email.
Kind regards,
Nature Conservation Unit
Dear Environment,
Please pass this on to the person who reviews confirmatory applications.
I am filing the following confirmatory application with regards to my access to documents request 'Compulsory Acquisition of Natura 2000 sites'.
Please note I am not satisfied with your explanation and failure to provide documentation under the FOI request. The funding of acquisition of land rights within the union requires taxpayers money and that requires a paperwork trail for the purposes of avoiding Fraudulent activity.
Your explanation that you have no Paperwork no reports no accounts records of the commissions activity in the area when your commissioner alleges that over 200 000 hectares was acquired is extraordinary and requires investigation into potentially fraudulent activities within your department. I strongly advise you to action this request properly as the matter will be referred to the ombudsman before obtaining an order of discovery from the courts
Thank you for your time and attention
Regards
Mr McHugh
A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/compu...
Yours faithfully,
Mr McHugh
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/4812, sent on 09/10/2023 and registered on 09/10/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 30/10/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/4812, sent on 09/10/2023 and registered on 09/10/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 30/10/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear applicant,
We are writing concerning your confirmatory request for access to
Commission documents for case 2023/4812 registered on 09/10/2023.
We are currently working on your confirmatory request. However, we have
not yet been able to gather all the elements necessary to carry out a full
analysis of your request. We will not be able to send you the reply within
the prescribed time limit expiring on 30/10/2023.
A new deadline is required since internal consultations are still ongoing.
Therefore, in line with Article 8(2) of [1]Regulation (EC) No 1049/2001 we
need to extend this time limit by 15 additional working days. The new time
limit expires on 22/11/2023.
We apologise for any inconvenience this may cause.
Kind regards,
SG.C1 - Transparency, Document Management and Access to Documents
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear applicant,
We are writing to you concerning your confirmatory request for access to
Commission documents for case 2023/4812, registered on 09/10/2023.
On 27/10/2023, we extended the time-limit for replying to your
confirmatory request to 22/11/2023.
Unfortunately, since internal consultations are still ongoing, we will not
be able to send you the reply within this extended time limit.
However, we assure you that we are doing our best to send a reply to your
confirmatory request as soon as possible.
We regret this additional delay and sincerely apologize for any
inconvenience this may cause.
Kind regards,
SG.C1 - Transparency, Document Management and Access to Documents
Dear Mr. Harry McHugh,
Please find attached the electronic version of the Commission Decision
C(2024)805 as adopted by the European Commission on 2.2.2024.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
Dear Mr. Harry McHugh,
Unless we are mistaken, and while checking our records, we have not
received your confirmation of receipt regarding the message below.
Could you please acknowledge the receipt of the document enclosed in the
message addressed to you, by return email?
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
From: SG GREFFE CERTIFICATION <[email address]>
Sent: Monday, February 5, 2024 12:39 PM
To: [FOI #13388 email]
Cc: GRIGORAS Eduard (SG) <[email address]>
Subject: C(2024)805 final addressed to Harry McHugh
Dear Mr. Harry McHugh,
Please find attached the electronic version of the Commission Decision
C(2024)805 as adopted by the European Commission on 2.2.2024.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
Dear Mr. Harry McHugh,
Unless we are mistaken, and while checking our records, we have not
received your confirmation of receipt regarding the message below.
Could you please acknowledge the receipt of the document enclosed in the
message addressed to you, by return email?
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
From: SG GREFFE CERTIFICATION <[email address]>
Sent: Wednesday, February 7, 2024 10:19 AM
To: [FOI #13388 email]
Subject: C(2024)805 final addressed to Harry McHugh
Dear Mr. Harry McHugh,
Unless we are mistaken, and while checking our records, we have not
received your confirmation of receipt regarding the message below.
Could you please acknowledge the receipt of the document enclosed in the
message addressed to you, by return email?
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
From: SG GREFFE CERTIFICATION <[1][email address]>
Sent: Monday, February 5, 2024 12:39 PM
To: [2][FOI #13388 email]
Cc: GRIGORAS Eduard (SG) <[3][email address]>
Subject: C(2024)805 final addressed to Harry McHugh
Dear Mr. Harry McHugh,
Please find attached the electronic version of the Commission Decision
C(2024)805 as adopted by the European Commission on 2.2.2024.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
References
Visible links
1. mailto:[email address]
2. mailto:[FOI #13388 email]
3. mailto:[email address]