Correspondence European Commission-Spain about airport charges

The request was partially successful.

Dear Mobility and Transport (MOVE),

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:

-All correspondence, including emails and letters of formal notice, since November 2012 between European Commission and Spain about changes on airport charges at airports operated by AENA Aeropuertos.

Yours faithfully,

Jesús Escudero

Mobility and Transport

Dear Sir,

Thank you for e-mail dated 18/04/2013. We hereby acknowledge receipt of your application for access to documents, which was registered on 24/04/2013 under reference number GestDem 2013/2208.

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 14/05/2013.
In case this time limit needs to be extended, you will be informed in due course.
Yours faithfully,

Agatino Valastro
European Commission

Directorate General for Mobility and Transport
Unit MOVE A-1
Planning, Communication, Interinstitutional relations.
▪ Postal address: DM 28 - 8/51, B-1049 Brussels
▪ Office address: Rue de Mot 28, B-1040 Brussels
▪ Tel. +32 2 29 52499
▪ Fax. +32 2 2969632
E-mail: [email address]

................................................................................................................................................................................................................................................................................................

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Jesús Escudero

Estimado Movilidad y Transportes,

You didn't answer to my request of information whitin 15 working days, as the Regulation (EC) No 1049/2001 says.

I hope you provide the information I demand as soon as possible.

Un saludo,

Jesús Escudero

Mobility and Transport

1 Attachment

Dear Mr Escudero,

 

I am writing to you concerning your recent request for access to
documents, registered under reference# GESTDEM2013/2208.

 

Your application is currently being dealt with. However, I regret that we
are not in a position to complete the handling of your application within
the time limit of 15 working days, which expired on 14 May.

An extended time limit is needed as some of the documents requested
originate from third parties which have to be consulted before a decision
can be made on whether disclosure is possible. Therefore, we have to
extend the time limit by 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 4 June 2013.

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

Yours sincerely,

 

 

SIMON BRAIN
Head of Sector (Airports)
 
[1]cid:image001.gif@01CDCD4B.06A4FE50
European Commission
Directorate-General for Mobility and Transport
Internal market and airports

DM24 05/87
B-1049 Brussels/Belgium
+32 2 296 5790
[2][email address]

The views expressed are those of the author of the message only and do not
represent the position of the European Commission.

 

 

 

 

References

Visible links
2. mailto:[email address]

Mobility and Transport

3 Attachments

Dear Mr Escudero,

 

Further to my e-mail of 16 May, please find attached a reply to your
request for access to documents GESTDEM 2013/2208.

 

Kind regards,

 

 

SIMON BRAIN
Head of Sector (Airports)
 
[1]cid:image001.gif@01CDCD4B.06A4FE50
European Commission
Directorate-General for Mobility and Transport
Internal market and airports

DM24 05/87
B-1049 Brussels/Belgium
+32 2 296 5790
[2][email address]

The views expressed are those of the author of the message only and do not
represent the position of the European Commission.

 

 

 

From: BRAIN Simon (MOVE)
Sent: Thursday, May 16, 2013 12:04 PM
To: '[FOI #472 email]'
Subject: request for acess to documents - 2013/2208

 

Dear Mr Escudero,

 

I am writing to you concerning your recent request for access to
documents, registered under reference# GESTDEM2013/2208.

 

Your application is currently being dealt with. However, I regret that we
are not in a position to complete the handling of your application within
the time limit of 15 working days, which expired on 14 May.

An extended time limit is needed as some of the documents requested
originate from third parties which have to be consulted before a decision
can be made on whether disclosure is possible. Therefore, we have to
extend the time limit by 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 4 June 2013.

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

Yours sincerely,

 

 

SIMON BRAIN
Head of Sector (Airports)
 
[3]cid:image001.gif@01CDCD4B.06A4FE50
European Commission
Directorate-General for Mobility and Transport
Internal market and airports

DM24 05/87
B-1049 Brussels/Belgium
+32 2 296 5790
[4][email address]

The views expressed are those of the author of the message only and do not
represent the position of the European Commission.

 

 

 

 

References

Visible links
2. mailto:[email address]
4. mailto:[email address]

Estimado Movilidad y Transportes,

Thank you for the annexes you sent to me but I didn't receive nothing about the correspondence and emails between European Commission and Spanish Government about airport charges, as I asked in my first application of April 18th.

In detail, I asked for the letter of formal notice sended by Commission in November 2012 to the Spanish Government. Here you can see more information about this letter: http://ec.europa.eu/commission_2010-2014.... I also asked for the response of Spain. These observations must have been submited within the next two months.

Un saludo,

Jesús Escudero

Mobility and Transport

Dear Mr Escudero,

Thanks for your message. Allow me to explain further the answer that was provided on 4 June.

Under Regulation 1049/2001 governing access to documents, the Commission is obliged to consult the Member State concerned when a document is requested that originates from that Member State.

This requirement applies to the replies of the Spanish authorities to the letter of formal notice sent in November 2012. The Spanish authorities informed the Commission that these documents should not be disclosed and has justified this on the grounds of the exceptions to the general right of access set out in article 4 of Regulation 1049/2001 (article 4(2) third indent in particular). The Commission therefore is not in a position to disclose these documents. However, the Spanish authorities consider that this protection does not apply to some of the documents transmitted and these were disclosed to you in the email of 4 June.

Regarding the letter of formal notice sent by the Commission to Spain, this has not been disclosed since DG MOVE considers that disclosure of the document would have a negative impact on the investigations it is currently undertaking on the subject matter of the infringement procedure. This is set out in the letter of 4 June:

"The other document and annexes which you seek to obtain relate to an ongoing investigation regarding a possible infringement of EU law (infringement 2012/4154). Disclosure of the document/documents requested would undermine the protection of the purpose of the ongoing investigation; indeed, disclosure of the document at this point in time would affect the climate of mutual trust between the authorities of the Member State and the Commission, which is required to enable them to resolve the case without having to refer it to the Court of Justice. Therefore the exception laid down in Article 4(2) third indent of Regulation (EC) No 1049/2001 applies to these documents and annexes."

The letter also states that you have the right to make a confirmatory application as provided for in article 7 (2) of Regulation 1049/2001.

I trust that this information is useful.

Kind regards,

SIMON BRAIN
Head of Sector (Airports)
 

European Commission
Directorate-General for Mobility and Transport
Internal market and airports

DM24 05/87
B-1049 Brussels/Belgium
+32 2 296 5790
[email address]

The views expressed are those of the author of the message only and do not represent the position of the European Commission.

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