correspondence between DG Move and Fuels Europe
Dear Mobility and Transport,
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. A list of all meetings/ discussions that have taken place since September 1st 2021 between reprensentatives of DG Move, including members of cabinet, and representatives of Fuels Europe.
2. Any records, minutes or notes of these meetings/discussions.
3. Any briefings prepared for these meetings.
4. All correspondence exchanged since September 1st 2021 (including SMS & any other type of messages processed through phone apps - eg., WhatsApp, Signal, Telegram etc, recorded voice messages, emails, letters and attached documents) betweenreprensentatives of DG Move, including members of cabinet, and representatives of Fuels Europe.
In consideration of the environment I would prefer to receive documents electronically.
I would like to make clear I prefer you produce the documents on a rolling basis. At no point should the Commission's search for—or deliberations concerning—certain documents delay the production of others that the Commission has already retrieved and elected to produce.
Please confirm having received this application. I look forward to your reply within 15 business days, according to the regulation.
Yours faithfully,
Agathe Bounfour
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 12/01/2023 and registered on 16/01/2023 under case number 2023/0271.
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 Mobility and Transport - 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 Mobility and Transport,
Here is my postal address :
VOLUMES Coworking
78 Rue Compans, 75019 Paris
France
Please do note that I would prefer to receive documents electronically.
Yours faithfully,
Agathe Bounfour
Yours faithfully,
Agathe Bounfour
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 12/01/2023 and registered on 17/01/2023 under the case number
2023/0271.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 07/02/2023. 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 Mobility and Transport - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Madam,
We are writing concerning your request for access to Commission documents
registered on 17 January 2023 under case number 0271.
We are currently working on your 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 7 February 2023.
An extended time limit is needed as the application concerns a very large
number of documents.
Therefore, in line with Article 7(3) 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 27 February 2023.
We apologise for any inconvenience this may cause.
Kind regards,
MOVE B4 Secretariat
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
