Dear European Anti-Fraud Office,

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 details, correspondence (including WhatsApp and text messages) and minutes relating to meetings between the European Anti-Fraud Office and the tobacco industry or packaging industry since 1 August 2011.

All details, correspondence (including WhatsApp and text messages) and minutes relating to meetings involving the European Anti-Fraud Office in which the EU's Track and Trace system for tobacco products was discussed since 1 August 2011.

Yours faithfully,

Aisha Down
[ADDRESS REDACTED]
[ADDRESS REDACTED]

Dear European Anti-Fraud Office,

By law, you should have responded promptly to my FOI of August 20. I am awaiting information from you: please clarify when I can expect a response.

Yours faithfully,

Aisha Down

European Anti-Fraud Office

Dear Ms Down,
Thank you for your e-mail dated 20 August 2019 and for your further
follow-up e-mail of 11 September 2019 address to OLAF via AsktheEU
website.
Due to a clerical error, your original request of 20 August 2019 was not
registered and no acknowledgement of receipt was sent to you. It was not
until your follow-up email of 11 September 2019 that this clerical error
was discovered. Please accept our sincere apologies for the inconvenience
this may have caused. 
You have requested:
All details, correspondence (including WhatsApp and text messages) and
minutes relating to meetings between the European Anti-Fraud Office and
the tobacco industry or packaging industry since 1 August 2011.
All details, correspondence (including WhatsApp and text messages) and
minutes relating to meetings involving the European Anti-Fraud Office in
which the EU's Track and Trace system for tobacco products was discussed
since 1 August 2011.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
should be handled within 15 working days which can be extended by a
further 15 working days in exceptional cases. 
Your request relates to a significant number of documents, covering a long
period of time, which need to be assessed individually. Moreover,
depending on the type of document in question, OLAF would potentially have
to consult the third party from which a given document originates,
pursuant to Article 4(4) of Regulation (EC) No 1049/2001. Such a detailed
analysis and follow-up consultation cannot be carried out within the
normal time limits set out in Article 7 of Regulation (EC) No 1049/2001,
and would in any event require considerable administrative resources.
We would therefore invite you to find a fair solution in accordance with
Article 6(3) of Regulation 1049/2001. We would like to propose a fair
solution for the current request and kindly suggest that we limit the time
frame of your request to the previous two years (July 2017 to July 2019),
as far as these documents relate to EU track and trace system, which I
understand to be the main subject of interest to you. If you were to
accept this proposed fair solution, your request could be processed quite
quickly. Alternatively, a different agreed fair solution would have to be
treated in extended timeframes.
In order to enable us to provide you with access to the documents as soon
as possible, we would ask you for a swift response to this proposal for a
fair solution, within five working days at the latest, by return email. We
look forward to finding a fair solution that would accommodate your needs.
If necessary we can make ourselves available to discuss this via phone.
In this respect, we note that you have lodged your application via the
AsktheEU.org website. Please note that this is a private third-party
website which has no link with any institution of the European Union.
Therefore, the European Commission cannot be held accountable for any
technical issues or problems linked to the use of this system.
Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.
We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal
address).
Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.
If you do not wish your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.
Yours sincerely,
European Anti-Fraud Office (OLAF)
 
 
 
 
 
 
 
 

Dear European Anti-Fraud Office,

Many thanks for your prompt response--I appreciate it. I understand that the documents represent a significant administrative burden. I propose a slightly extended timeframe--from December 2016 until now, September 2019. The request would read:

All details, correspondence (including WhatsApp and text messages) and
minutes relating to meetings between the European Anti-Fraud Office and
the tobacco industry or packaging industry since 01 December 2016.

All details, correspondence (including WhatsApp and text messages) and
minutes relating to meetings involving the European Anti-Fraud Office in
which the EU's Track and Trace system for tobacco products was discussed
since 01 December 2016.

I'm happy to call and clarify if that makes sense for you.

Yours faithfully,

Aisha Down

Aisha Down
Level 5, Calea Victoriei 21
Bucharest, Romania

European Anti-Fraud Office

Dear Ms Down,

 

Many thanks for your proposal for a fair solution of an extended time
frame of December 2016 -  September 2019.

 

We would like to take up your offer to discuss briefly to better
understand the focus of your request. You may call our offices on +32
229-55433 (from 24 September onward), or alternatively you may provide us
with a contact telephone number for further correspondence.

 

Kind regards,

European Anti-Fraud Office

Dear European Anti-Fraud Office,

I will contact you at the number you have provided this afternoon or tomorrow.

Yours faithfully,

Aisha Down

TWOMEY Clare, European Anti-Fraud Office

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2019)6094573 - Your request for access to documents

Sent by TWOMEY Clare (OLAF) <[email address]>. All responses
have to be sent to this email address.
Envoyé par TWOMEY Clare (OLAF) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Ms Down,

 

Thank you for contacting the European Anti-Fraud Office today 2 October
2019 and taking the time to offer some clarifications on the scope of your
request.

 

We now understand that your request relates to:

1.       Correspondence and minutes of meetings involving the European
Anti-Fraud Office and the tobacco industry or packaging industry in which
the EU tracking and tracing system for tobacco products was discussed in
the time period 01 December 2016 – September 2019.

2.       Correspondence and minutes of meetings involving the European
Anti-Fraud Office and Member States in which the EU tracking and tracing
system for tobacco products was discussed since 1 December 2016 –
September 2019..

 

As agreed we would not include any meetings chaired by DG SANTE in which
the European Anti-Fraud Office participated (e.g. regional workshops,
stakeholder meetings) to avoid any duplication of efforts.

 

We will endeavour to process and reply to your request promptly and
certainly before 22 October 2019.  

 

Yours sincerely,

 

European Anti-Fraud Office

References

Visible links
1. file:///tmp/cid:filelist.xml@01D5793A.87F0B1A0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/ext/doc...

European Anti-Fraud Office

2 Attachments

Dear Ms Down,
 
Please see attached the documents related to your access to document
request. These were sent on 22 October 2019, however due to a clerical
error were linked to a separate access to documents request.
 
We apologise for the inconvenience.
 
 
Yours sincerely,
European Anti-Fraud Office