We don't know whether the most recent response to this request contains information or not – if you are Bert De please sign in and let everyone know.

Dear Health and Food Safety,

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:

As you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen.

Yours faithfully,
BrtD

Health and Food Safety

Dear Sir,

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,
SANTE ACCESS TO DOCUMENTS

show quoted sections

Dear Health and Food Safety,

I'm not sure I am required to identify an address although FYI I am currently staying in Bournemouth, UK. Hope this helps.

Yours faithfully,
Bert De

Health and Food Safety

Dear Mr De,

Thank you for your reply.

However, according to procedures, a request for access to documents can only be registered after we have received a full postal address to which we can, if necessary, send a postal letter.

Kind regards,

SANTE ACCESS TO DOCUMENTS

European Commission
DG Health and Food Safety (SANTE)
Email: [DG SANTE request email]

show quoted sections

Dear Health and Food Safety,

Many thanks.

I do not require a postal response on this occasion although, thanks for your kind consideration.

Yours faithfully,

Bert De

Health and Food Safety

Dear Mr De,

With respect to your question regarding the requirement to provide us with a postal address (copied below), please find our explanations below.

On 1 April 2014, the 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 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 reiterate our request to you to provide a full 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 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 registration of your request following the submission of your postal address.

Thank you in advance.

Kind regards,

SANTE ACCESS TO DOCUMENTS

European Commission
DG Health and Food Safety (SANTE)
Email: [DG SANTE request email]

show quoted sections

Dear Health and Food Safety,

Its a matter of security and privacy. If I were able to supply the information without feeling vulnerable, I'd do so. Hope you understand.

Yours faithfully,
Bert De

Health and Food Safety

Dear Mr De,

Thank you for your reply.

Unfortunately, we have to insist on receiving your current postal address, which is mandatory for the purpose of introducing a request for access to documents.

As regards your security and privacy concerns, we can assure you that your personal data will be handled in full compliance with Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. They will therefore not be shared with any external party.

If you do not want your data to be published on the Ask The EU website (which is a private website that has no link with any institution of the European Union), you can email them directly to [DG SANTE request email]

Kind regards,

SANTE ACCESS TO DOCUMENTS

European Commission
DG Health and Food Safety (SANTE)
Email: [DG SANTE request email]

show quoted sections

July 29 2017

Dear Health and Food Safety,
Please pass this on to the person who reviews FOI applications.
I am filing the following confirmatory application with regards to my access to documents request 'Concerning Medical Negligence'.
Given that I'm not planning to use other means to convey and receive information other than through this site, I'm not sure your request is entirely reasonable so, I'm directing this matter for review.
Here's a string of correspondence FYI:

Subject: Concerning Medical Negligence
From: Bert De
To: Health and Food Safety
Date: May 23, 2017
Dear Health and Food Safety,
As you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen.
Yours faithfully,
BrtD

-------------------------------
From:, Health and Food Safety
To: Bert De
Date: 2017-05-29
Dear Sir,
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,
SANTE ACCESS TO DOCUMENTS

-------------------------------
From: Bert De
To: Health and Food Safety
Date: July 03, 2017
Dear Health and Food Safety,
I'm not sure I am required to identify an address although FYI I am currently staying in Bournemouth, UK. Hope this helps.
Yours faithfully,
Bert De
--------------------------------------------------------------
From: Health and Food Safety
To: Bert De
Date: 2017-07-03
Dear Mr De,
Thank you for your reply.
However, according to procedures, a request for access to documents can only be registered after we have received a full postal address to which we can, if necessary, send a postal letter.
Kind regards,
SANTE ACCESS TO DOCUMENTS
European Commission
DG Health and Food Safety (SANTE)
Email: [DG SANTE request email]

-------------------------------
From: Bert De
To: Health and Food Safety
Date: July 03, 2017
Dear Health and Food Safety,
Many thanks.
I do not require a postal response on this occasion although, thanks for your kind consideration.
Yours faithfully,
Bert De
-------------------------------
From:, Health and Food Safety
To: Bert De
Date: date 2017-07-03
Dear Mr De,
With respect to your question regarding the requirement to provide us with a postal address (copied below), please find our explanations below.
On 1 April 2014, the 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 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 reiterate our request to you to provide a full 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 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 registration of your request following the submission of your postal address.
Thank you in advance.
Kind regards,
SANTE ACCESS TO DOCUMENTS
European Commission
DG Health and Food Safety (SANTE)
Email: [DG SANTE request email]
-------------------------------
From: Bert De
To: Health and Food Safety
Date: July 03, 2017
Dear Health and Food Safety,
Its a matter of security and privacy. If I were able to supply the information without feeling vulnerable, I'd do so. Hope you understand.
Yours faithfully,
Bert De
-------------------------------
From: Health and Food Safety
To: Bert De
Date: 2017-07-03
Dear Mr De,
Thank you for your reply.
Unfortunately, we have to insist on receiving your current postal address, which is mandatory for the purpose of introducing a request for access to documents.
As regards your security and privacy concerns, we can assure you that your personal data will be handled in full compliance with Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. They will therefore not be shared with any external party.
If you do not want your data to be published on the Ask The EU website (which is a private website that has no link with any institution of the European Union), you can email them directly to [DG SANTE request email]
Kind regards,
SANTE ACCESS TO DOCUMENTS
European Commission
DG Health and Food Safety (SANTE)
Email: [DG SANTE request email]
-------------------------------

Yours faithfully,
BertDe

Health and Food Safety

Dear Mr De,

Thank you for your message in which you request an internal review.

Please be 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 as a confirmatory application in the meaning of Article 7(2) of Regulation (EC) No 1049/2001.

Kind regards,

SANTE ACCESS TO DOCUMENTS

show quoted sections

Dear Health and Food Safety,

My complaint concerns your failure to handle my query. I make this complaint according to your own (EU) prescribed complaints procedures if not procedures of 'Ask-The-EU'.

With respect, it may be wiser that someone other than the person/s who have thus far handled my request deals with this complaint.

regards
db

Kristina Ronnberg left an annotation ()

Under Regulation 1049/2001, you can make a confirmatory application in the following cases:

- you receive a reply stating that no relevant documents have been identified
- you receive a reply stating that relevant documents have been identified, but you are denied access to all or some of them
- you receive a reply and documents from which personal data has been removed, and you disagree with the assessment that the information removed is personal data
- you do not receive a reply at all within the 15 working days that start running from the registration of your request (n.b. this period can be extended by another 15 working days but you must be informed of the extension).

However please note that you can only make such a confirmatory application if your initial request has been registered. As the provision of a postal address is a prerequisite for treating access to documents requests in the Commission, your initial request has not been registered and treated yet, and thus there is no possibility to make a confirmatory request.

Whether the Commission in fact has the right to require the postal address for the registration of the request, has not been legally confirmed and it won't be until someone actually takes the Commission to the Court of Justice on this issue, and wins the case. Until there is such a decision, the Commission is allowed to continue this practice.

In 2014 the European Data Protection Supervisor has stated that in their opinion, the request for the postal address of the individual lodging the request for access to documents pursuant to Regulation (EC) 1049/2001 is NOT in breach of the Data Protection Regulation.

In 2016 there was an European Ombudsman recommendation on this https://www.ombudsman.europa.eu/cases/re... but such recommendations are not binding to the Commission. However even the Ombudsman agrees that the Commission is entitled to require applicants to provide their full name.

December 2017

Dear Health and Food Safety,
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 'Concerning Medical Negligence'.

Without prejudice
Having not secured response, I'm sending my last message of, October 11, again. Did you receive my October message? Would you do me the courtesy of kindly offering a response.

F.Y.I. although I've not enclosed the complete string of messages, I have enclosed the original one, of May 2017, with an addendum; that it assists you.

regards
db

__________________________

From: Bert De
Delivered October 11, 2017

Dear Health and Food Safety,
My complaint concerns your failure to handle my query. I make this complaint according to your own (EU) prescribed complaints procedures if not procedures of 'Ask-The-EU'.
With respect, it may be wiser that someone other than the person/s who have thus far handled my request deals with this complaint.

regards
db
__________________________

August 02, 2017
Health and Food Safety

Dear Mr De,
Thank you for your message in which you request an internal review.
Please be 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 as a confirmatory application in the meaning of Article 7(2) of Regulation (EC) No 1049/2001.

Kind regards,
SANTE ACCESS TO DOCUMENTS
Enc. [NOT ENC.]
__________________________

July 29 2017
From: Bert De
Delivered July 31, 2017

Dear Health and Food Safety,
Please pass this on to the person who reviews FOI applications.
I am filing the following confirmatory application with regards to my access to documents request 'Concerning Medical Negligence'.
Given that I'm not planning to use other means to convey and receive information other than through this site, I'm not sure your request is entirely reasonable so, I'm directing this matter for review.
Here's a string of correspondence FYI: [NOT ENCLOSED]....

__________________________

ORIGINAL FOI QUERY of, May, 2017
From: Bert De

Dear Health and Food Safety,
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:
As you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen. [ADDENDUM: where the state (the UK on this occasion) prefers to cover up failings of its health services].....

Yours faithfully,
Bert De

Health and Food Safety

1 Attachment

Dear Sir,

Thank you for your message.

As we informed you in earlier messages, requests for access to documents (including requests for an internal review) can only be registered if they include a postal address.

In our message sent to you on July 3rd 2017, we explained the reasons why it is necessary to send us your postal address.

Unfortunately, we have not yet received your postal address which is required for registering and handling your request in line with the procedural requirements. As a result, we cannot register your request and reply to it.

Please send us your full postal address at your earliest convenience. Once we have received your postal address, we will send you an acknowledgement of receipt which will contain a reference number that you can use for any further correspondence.

You may, of course, use directly the electronic form for entering your request:
http://ec.europa.eu/transparency/regdoc/...

Kind regards,

SANTE ACCESS TO DOCUMENTS

show quoted sections

Dear Health and Food Safety,

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 'Concerning Medical Negligence'.

The Agency draws attention to rules supporting its decision not to offer response; it requires a postal address. That it were to reference all regulatory material on the subject it would no doubt identify material supporting my position; that in some circumstances divulging personal info is not desirable and does not assist, and may in fact prejudice the applicant.

The FOI query is in order but thus far is effectively trashed; no doubt by those holding English interests to favour.

Perhaps someone outside British persuasions would do me the courtesy of kindly offering a response to my FOI query.

Heres the original query:
Delivered May 23, 2017, Dear Health and Food Safety,
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:
As you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/conc...

Yours faithfully,
Bert De

Dear Health and Food Safety,
Please pass this on to the person who reviews confirmatory applications.
I am filing the following confirmatory application again with regards to my access to documents request 'Concerning Medical Negligence' because: I've not secured response to the original February 15th 'confirmatory application'.

Dear Health and Food Safety,
The Agency draws attention to rules supporting its decision not to offer response; it requires a postal address. That it were to reference all regulatory material on the subject it would no doubt identify material supporting my position; that in some circumstances divulging personal info is not desirable and does not assist, and may in fact prejudice the applicant.
The FOI query is in order but thus far is effectively trashed; no doubt by those holding English interests to favour.
Here's the original query:
Delivered May 23, 2017, Dear Health and Food Safety,
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:
As you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/conc...

Yours faithfully,
Bert De

Health and Food Safety

Dear Mr De,

Thank you for your request for a review.

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/...

Kind regards,
SANTE ACCESS TO DOCUMENTS

show quoted sections

Dear Health and Food Safety,
Thank you for your response.
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 'Concerning Medical Negligence'.

With respect: whether or not the DG requires such information, it remains competent to offer at least some guidance; assist the information seeker in accordance with its own rules, whether or not the requested information is offered. There's no evidence you choose to do so. Would you kindly explain?

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/conc...

Yours faithfully,
Bert De

Health and Food Safety

Dear Mr De,
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,

SANTE ACCESS TO DOCUMENTS

show quoted sections

Dear Health and Food Safety,

In a previous message you identified my obligations to you in order to process my FOI query. Perhaps you'd do me the courtesy of confirming your obligations to me; refer to the 2nd paragraph of my last message. I am not planning to supply you with address details.

I enclose both my last message and originating request:

June 09, 2018
Dear Health and Food Safety,
Thank you for your response. 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 'Concerning Medical Negligence'.

With respect: whether or not the DG requires such information, it remains competent to offer at least some guidance; assist the information seeker in accordance with its own rules, whether or not the requested information [my address details] is offered. There's no evidence you choose to do so. Would you kindly explain?..

--------

Originating Query: May 2017
Dear Health and Food Safety,
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:

as you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen..
-------

Yours faithfully,
Bert De

Sept 2018

Dear Health and Food Safety,
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 'Concerning Medical Negligence'.

Having not received response, I again present my message:

[originally sent July 2018]
Dear Health and Food Safety,
In a previous message you identified my obligations to you in order to process my FOI query. Perhaps you'd do me the courtesy of confirming your obligations to me; refer to the 2nd paragraph of my last message. I am not planning to supply you with address details.
I enclose both my last message and originating request:
June 09, 2018
Dear Health and Food Safety,
Thank you for your response. 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 'Concerning Medical Negligence'.
With respect: whether or not the DG requires such information, it remains competent to offer at least some guidance; assist the information seeker in accordance with its own rules, whether or not the requested information [my address details] is offered. There's no evidence you choose to do so. Would you kindly explain?..
--------
Originating Query: May 2017
Dear Health and Food Safety,
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:
as you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen..
-------

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/conc...

Yours faithfully,
Bert De

Dear Health and Food Safety,

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 'Concerning Medical Negligence'.

Having not received response, I again present my message:

From: Bert De
Resent Oct 2018 [originally sent July 2018]
Dear Health and Food Safety,
In a previous message you identified my obligations to you in order to process my FOI query. Perhaps you'd do me the courtesy of confirming your obligations to me; refer to the 2nd paragraph of my last message. I am not planning to supply you with address details.
I enclose both my last message and originating request:
June 09, 2018
Dear Health and Food Safety,
Thank you for your response. 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 'Concerning Medical Negligence'.
With respect: whether or not the DG requires such information, it remains competent to offer at least some guidance; assist the information seeker in accordance with its own rules, whether or not the requested information [my address details] is offered. There's no evidence you choose to do so. Would you kindly explain?..
--------
Originating Query: May 2017
Dear Health and Food Safety,
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:
as you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen..
-------

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/conc...

Yours faithfully,
Bert De

Health and Food Safety

1 Attachment

Dear Mr De,

Thank you for your message.

We understand that you are looking for information on the complaints procedure related to a breach of Union law.

Enclosed, you can find a note explaining what you can do if you believe that Union law has been breached.

Information on how to submit a complaint to the European Commission to report an alleged breach of Union law can also be found here: https://ec.europa.eu/info/about-european...

Kind regards,

SANTE ACCESS TO DOCUMENTS
European Commission
DG Health and Food Safety (SANTE)
Email: [DG SANTE request email]

show quoted sections

Dear Health and Food Safety,

subject: medical negligence complaints

I've downloaded the complaint form. Thank you.

As a citizen of the EU, I am able to call upon it for assistance. And, that I should choose to submit a complaint form, assistance would serve me; whether or not it is required. If you are not competent to assist citizens then kindly confirm the same and identify sources of assistance available.

enclosed some messages:

--------
October 24, 2018
Dear Health and Food Safety,
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 'Concerning Medical Negligence': Having not received response, I again present my message:
[originally sent July 2018]
Dear Health and Food Safety,
In a previous message you identified my obligations to you in order to process my FOI query. Perhaps you'd do me the courtesy of confirming your obligations to me; refer to the 2nd paragraph of my last message. I am not planning to supply you with address details. I enclose both my last message and originating request:
--------
June 09, 2018
Dear Health and Food Safety,
Thank you for your response. 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 'Concerning Medical Negligence'.
With respect: whether or not the DG requires such information, it remains competent to offer at least some guidance; assist the information seeker in accordance with its own rules, whether or not the requested information [my address details] is offered. There's no evidence you choose to do so. Would you kindly explain?..
--------
Originating Query: May 2017
Dear Health and Food Safety,
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:
as you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen..
-------

Yours faithfully,
Bert De

Dear Health and Food Safety,

Please pass this on to the person who reviews confirmatory applications.

Having not secured a response, I am filing the following confirmatory application with regards to my access to documents request 'Concerning Medical Negligence'.

(originally sent: Jan 2, 2019)
Dear Health and Food Safety,
subject: medical negligence complaints
I've downloaded the complaint form. Thank you.
As a citizen of the EU, I am able to call upon it for assistance. And, that I should choose to submit a complaint form, assistance would serve me; whether or not it is required. If you are not competent to assist citizens then kindly confirm the same and identify sources of assistance available.
enclosed some messages:
--------
October 24, 2018
Dear Health and Food Safety,
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 'Concerning Medical Negligence': Having not received response, I again present my message:
[originally sent July 2018]
Dear Health and Food Safety,
In a previous message you identified my obligations to you in order to process my FOI query. Perhaps you'd do me the courtesy of confirming your obligations to me; refer to the 2nd paragraph of my last message. I am not planning to supply you with address details. I enclose both my last message and originating request:
--------
June 09, 2018
Dear Health and Food Safety,
Thank you for your response. 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 'Concerning Medical Negligence'.
With respect: whether or not the DG requires such information, it remains competent to offer at least some guidance; assist the information seeker in accordance with its own rules, whether or not the requested information [my address details] is offered. There's no evidence you choose to do so. Would you kindly explain?..
--------
Originating Query: May 2017
Dear Health and Food Safety,
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:
as you are able, would you kindly identify any material you hold (such as guidelines, white papers or policy documents) dealing with medical negligence complaints which identifies your competency in assisting the citizen..
-------
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A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/conc...

Yours faithfully,
Bert De

Health and Food Safety

1 Attachment

Dear Mr. De,

Thank you for your message.

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:

[1]http://ec.europa.eu/transparency/regdoc/...

 

Best regards,

 

SANTE ACCESS TO DOCUMENTS

[2]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety

 

 

 

 

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Dear Health and Food Safety,

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 'Concerning Medical Negligence'.

Your FOI Team member fails to quote the relevant rule which requires me to supply the information they claim is required. Is it in fact discretionary?

Would you kindly identify the member of your FOI Team dealing with this query? That I wish to formalise complaint against the same, a name would serve. I also need a postal address.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/conc...

Yours faithfully,
Bert De

Health and Food Safety

Thank you for your message.

Your message will be promptly handled on this evening (07-05-2019).

Regards

SANTE ACCESS TO DOCUMENTS TEAM

Health and Food Safety

1 Attachment

Dear Mr Bert De,

 

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:

[1]http://ec.europa.eu/transparency/regdoc/...

 

On 1 April 2014, the 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 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 request you to provide a full 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 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 registration of your request
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 1049/2001.

 

Thank you in advance.

 

Kind regards,

 

 

Yours faithfully,

 

SANTE ACCESS TO DOCUMENTS

[2]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety

 

 

 

 

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