Correspondence on Cambodian sugar audits

The request was partially successful.

Dear European External Action Service,

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:

Digital copies of all correspondence (emails, letters, memos) relating to discussions with the Cambodian government over the implementation of the EU-funded audits of Cambodian sugar plantations

Yours faithfully,

Jack Davies

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Davies,

 

This message is an acknowledgement of receipt for your request for access
to documents under Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents (which the EEAS is
also respecting).

 

Your request for access to documents has been registered under reference
number: 2016/051

Please refer to this number in any further correspondence.

 

In accordance with the Regulation, you will receive a reply within 15
working days: 13/6/2016.

 

Yours faithfully,

 

ACCES TO DOCUMENTS (AD)

[1][email address]

SG.AFFGEN.2 – Parliamentary Affairs

 

References

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1. mailto:[email address]

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Davis,

 

After the examination of your request, our expert thinks it is not in the
remits of the European External Action Service competence. Your request
will be attributed to the European Commission (DEVCO).

Could you please send us the the postal address which will be forwarded to
the European Commission?

 

Yours faithfully,

 

ACCES TO DOCUMENTS (AD)

[1][email address]

SG.AFFGEN.2 – Parliamentary Affairs

 

From: EEAS ACCESS TO DOCUMENTS
Sent: Thursday, May 19, 2016 12:15 PM
To: '[FOI #2961 email]'
Subject: Request Under Regulation 1049 - acknowledgement of receipt

 

Dear Mr Davies,

 

This message is an acknowledgement of receipt for your request for access
to documents under Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents (which the EEAS is
also respecting).

 

Your request for access to documents has been registered under reference
number: 2016/051

Please refer to this number in any further correspondence.

 

In accordance with the Regulation, you will receive a reply within 15
working days: 13/6/2016.

 

Yours faithfully,

 

ACCES TO DOCUMENTS (AD)

[2][email address]

SG.AFFGEN.2 – Parliamentary Affairs

 

References

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1. mailto:[email address]
2. mailto:[email address]

Dear EEAS ACCESS TO DOCUMENTS,

I hadn't been aware it was necessary to provide a physical address.

If it's for the purposes of establishing that I am an EU citizen, my address is 25 Willes Close, Faringdon, Oxfordshire SN7 7DU United Kingdom

If it's for correspondence purposes, my current office address is:
Post Media Co Ltd
888 Building H, 8th Floor, Phnom Penh Center
Corner Sothearos & Sihanouk Blvd
Sangkat Tonle Bassac
120101 Phnom Penh
Cambodia

That said, I would prefer if correspondence could continue electronically, both for efficiency's sake and to prevent unnecessary use of airmail, paper, etc

Also, I would just like to clarify that the EEAS holds no documents related to this request -- I would have imagined the EEAS liaised with DEVCO on this matter and therefore would have generated correspondence and other documents relating to it.
Yours sincerely,

Jack Davies

European External Action Service

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Dear Sir,
 
Thank you for your e-mail. We hereby acknowledge receipt of your
application for access to documents, which was registered on 23/05/2016
under reference number GestDem 2016/2859.
 
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
15/06/2016. In case this time limit needs to be extended, you will be
informed in due course.
 
With respect to your questions regarding the provision of 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.
 
 
Yours faithfully,
European Commission
Directorate-General for International Development and Cooperation
Local Support and Logistics
 
 
 

show quoted sections

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Davies,

 

In accordance with Article 4.4 of Regulation 1049/2001 we are obliged to
consult the third party on releasibility of the documents.

Exceptionally, we need to extend the deadline for reply by additional 15
working days for consulting the third party.

 

Yours faithfully,

 

ACCES TO DOCUMENTS (AD)

[1][email address]

SG.AFFGEN.2 – Parliamentary Affairs

References

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1. mailto:[email address]

European External Action Service

4 Attachments

 

Dear Mr Davies,

 

Please find the correspondence here attached.

 

Kind regards,

Joanna Kujawa

 

 

[1]cid:image001.png@01D029DE.0E910D10

 

    DEVCO H.1 Development Coordination South and South East Asia

    Directorate General for International Cooperation and Development

    J-54 7/24

    B-1049 Brussels

    +(32) 229-86203

    [email address]

 

[2]cid:image009.png@01D029DE.FC3A92C0

[3]cid:image010.png@01D029DE.FC3A92C0

 

 

 

 

 

 

References

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EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Davies,

 

Would you be so kind as to be patient for a some more days for the reply.
In accordance with Article 4.4 of Regulation 1049/2001 we are obliged to
consult the third party.

We will make every effort to process your request as quickly as possible.

 

Thank you for your understanding,

Yours faithfully,

 

ACCES TO DOCUMENTS (AD)

[1][email address]

SG.AFFGEN.2 – Parliamentary Affairs

References

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1. mailto:[email address]

Dear EEAS ACCESS TO DOCUMENTS,

On Thursday it will be 40 working days since I lodged my initial request on May 19. The Thursday after that, three times the legally permitted time for the request to be complied with will have elapsed. If the third parties are being so lax in response to your requests for approval to release the documents, they cannot be that concerned with whether the documents are released, otherwise it is reasonable to believe they would have put more energy into responding to your request. As such, I would suggest that in the interest of adhering to the spirit of the Access to Documents Law, the EEAS ought to release all documents that third parties have yet to respond to requests for approval of.

As I'm sure you're aware, all correspondence so far has been made public on www.asktheeu.org.

I look forward to hearing back from you promptly.

Yours sincerely,

Jack Davies

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Davis,

We fully understand your frustration about the lack of response, and would like to thank you for the patience you have shown. Following your mail of 4th July, we contacted DG DEVCO. They informed us that they are going to reply to you still tonight.
Yours faithfully,

ACCES TO DOCUMENTS (AD)
[email address]
SG.AFFGEN.2 – Parliamentary Affairs

European External Action Service

1 Attachment

Dear Mr Davies,

 

Please find attached the advanced copy of the EC reply to your request for
access to documents (Ref GestDem No 2016/2859).

The original is sent via mail to the following address:

 

Mr Jack Davies

25 Willes Close, Faringdon

Oxfordshire SN7 7DU

United Kingdom

 

Kind regards,

 

European Commission

International Cooperation and Development

Unit H1

B-1049 Brussels/Belgium

J-54 07/24