Emergency Support Instrument masks

Peter made this access to documents request to Health and Food Safety

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The request was partially successful.

Dear Madam, Sir,

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 e-mails, including attachments, between the Commission and member states about the shipment of medical masks delivered to 17 Member States and the UK to protect healthcare workers against coronavirus, as part of the Emergency Support Instrument.

Sincerely,
Peter Teffer

postal address:
Peter Teffer
Ekko Voorkamer
Bemuurde Weerd WZ 3
3513 BH Utrecht
The Netherlands

Health and Food Safety

Dear Sir,

 

Thank you for your e-mail of 4 June 2020. We hereby acknowledge receipt of
your application for access to documents, which was registered on 8 June
2020 under reference number GESTDEM 2020/3432.

 

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 29
June 2020. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via 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 Ask the EU website is
responsible and accountable for the processing of your personal data via
that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

 

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission.

 

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 that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

 

For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.

 

Yours faithfully,

Access to Documents Team

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Health and Food Safety

1 Attachment

Dear Mr Teffer,

             

We refer to your request dated 4 June 2020 in which you make a request for
access to documents, registered on 08 June 2020 under the above mentioned
reference number.

 

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today, 29 June 2020.

 

An extended time limit is needed as your application concerns a large
number of documents.

Therefore, we have to extend the time limit with 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 20 July 2020.

 

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

 

Yours faithfully,

 

SANTE ACCESS TO DOCUMENTS

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

 

 

References

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ve_sante.c.3(SANTE), Health and Food Safety

1 Attachment

Please find attached document Ares(2020)3790381 from PHILIPP Wolfgang (SANTE.DDG1.C.3) dated 17/07/2020.

Veuillez trouver ci-joint le document Ares(2020)3790381 de PHILIPP Wolfgang (SANTE.DDG1.C.3) daté du 17/07/2020.

Best regards,
SANTE C3 Secretariat

ve_sante.c.3(SANTE), Health and Food Safety

100 Attachments

Dear Mr Teffer,

Please find attached document Ares(2020)5922517 from GALLINA Sandra (SANTE) dated 26/10/2020.

According to standard operational procedure, the reply is usually also sent to you by registered post. Please note, however, that due to the extraordinary health and security measures currently in force during to the COVID-19 epidemics, which include the requirement for all Commission non-critical staff to telework, we are unfortunately not in a position to follow this procedure until further notice.

We would therefore appreciate if you could confirm receipt of the present e-mail by replying to [email address]

Thank you,
Best regards,

SANTE C3 Secretariat

Dear Madam, Sir,

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

I refer to my access to documents request which was registered on 8 June 2020 under reference number GESTDEM 2020/3432.

As Article 7(2) of Regulation (EC) No 1049/2001 entitles me, I would like to make a confirmatory application requesting the Commission to review the position taken in DG SANTE's reply to my request. (Via this e-mail I also acknowledge receipt of that reply, dated 26 October 2020.)

DG SANTE decided to partially refuse disclosure of documents No 10, 11, 12 and 80 "because the document includes the number of masks being sent to a country". It said: "The Commission considers the allocation of the masks a matter that has the potential to undermine public security given their central role in preparedness and response to the COVID-19 pandemic."

The premise that releasing the number of masks being sent to a country could in anyway have the potential "to undermine public security" is ridiculous. The allocation of the masks are facts which would in no way change the level of public security.

The argument is also inconsistent with the Commission's other actions. For at least one member state, the Commission has already published a press release which included the number of allocated masks.
https://ec.europa.eu/netherlands/news/eu...
In relation to another programme involving sending masks to countries (RescEU), the Commission has proactively published press releases that made public information about the number of masks sent to those countries (https://ec.europa.eu/echo/news/coronavir...
https://ec.europa.eu/echo/news/coronavir...
https://ec.europa.eu/info/live-work-trav...)

Either the Commission's press releases have also had "the potential to undermine public security", or the argument made here in the reply to my request was false.

Regardless, there is an overriding public interest in publishing the information. Citizens want to know what the EU 'has done for them'. Releasing allocation of number of masks sent to EU countries would help complete the picture of how the EU has tried to help fight the Covid19 pandemic.

DG SANTE also decided to fully refuse disclosure of document No 6 based on the same reason. The above reasoning about why I believed there was no basis to refuse partial disclosure, also applies to that decision.

DG SANTE decided to refuse complete disclosure of documents No 14, 23, 53, 61, 69, 70, 77 and 97, and documents No 1, 2 and 4 fully, because they would have "the potential to undermine the protection of international relations between the EU and the third party from which the masks originate". The Commission has already made public that this "third party" is China, and that quality controls showed the masks did not adhere to EU standards (https://ec.europa.eu/netherlands/news/le...). The risk to undermine the protection of international relations between the EU and China is therefore low.

Moreover, the overriding public interest is that the general public needs to know how it was possible that these masks were initially considered to conform to EU rules, and what measures were taken.

DG SANTE has also cited "the exception protecting the commercial interests of a legal person", as a basis to withhold documents No 14, 23, 53, 61, 69, 70, 77 and 97 partially and documents No 1, 2 and 4 fully. The legal person in question intended to sell non-compliant masks. It is of the utmost public interest that those responsible for buying masks are aware of who this legal person is. If there was ill intent, there is an overriding public interest that the identity of the legal person is known. If it was unintentional, and "the mitigation response in light of the issues with quality which arose from the inspection reports" was admirable, then releasing the "detailed information" could actually serve as something that would promote the commercial interests of this legal person.

The public, specifically those in charge of buying personal protective equipment, need to know about "the quality of their product" so that a repetition of the situation does not happen again.

DG SANTE has also redacted elements "that pertain to the ECDC’s allocation methodology". As with the previously mentioned necessity that the European public know what the EU has done for them, it is important that they have insight into this methodology, so that they can assess if the allocation has been fair. Arguing that making information about this ECDC methodology public could "undermine possible Commission’s decision-making process" suggests that this decision-making process is not based on fair criteria. There is therefore an overriding public interest that documents No 37, 54, 55, 86, 94, 105, 106, 109, 110 and 111 and No 5, 7, 8, 113 to 116, 118 to 123, 125, 129 to 134 are released in full.

Finally, I take issue with the stance that "release of these documents could undermine possible Commission’s decision-making process on the same issue for as long as the COVID-19 situation continues". The "COVID-19 situation" could continue for years. Keeping information confidential for a period that is so ill-defined is unacceptable.

Sincerely,
Peter Teffer

ve_sg.accessdoc (SG), Health and Food Safety

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

[4]Ares(2020)6562111 - FW: Ares(2020)6561707 - FW: Internal review of
access to documents request - Emergency Support Instrument masks

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

Dear Sir,

Thank you for your email dated 10/11/2020 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
SANTE in reply to your initial application GESTDEM 2020/3437.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 10/11/2020 (Ares(2020)6561707).

Your application will be handled within 15 working days (01/12/2020). In
case this time limit needs to be extended, you will be informed in due
course.

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

Yours faithfully,

Access to documents team (RC)

show quoted sections

Health and Food Safety

1 Attachment

 

From: ve_sg.accessdoc (SG) <[1][email address]>
Sent: Tuesday, December 1, 2020 11:46 AM
To: ask <[2][email address]>
Subject: Ares(2020)7236811 - Your confirmatory application for access to
documents under Regulation (EC) 1049/2001 - GESTDEM 2020/3437 - 1st
holding letter

 

[3]Ares(2020)7236811 - Your confirmatory application for access to
documents under Regulation (EC) 1049/2001 - GESTDEM 2020/3437 - 1st
holding letter

 

Sent by ve_sg.accessdoc (SG) <[4][email address]>. All responses
have to be sent to this email address.

Envoyé par ve_sg.accessdoc (SG) <[5][email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

 

Dear Mr Teffer,

We refer to your email of  10 November 2020, registered on the same day,
by which you submitted a confirmatory application in accordance with
Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents[6]^[1] ("Regulation
(EC) No 1049/2001").

 

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements needed to carry out a
full analysis of your request and to take a final decision. Therefore, we
are not in a position to reply to your confirmatory request within the
prescribed time limit which expires on 1 December 2020.

 

We apologise for this delay and for any inconvenience this may cause but
we would like to assure you that we will do our utmost to provide you with
a reply as soon as possible.

 

Yours sincerely,

 

 

María OLIVÁN AVILÉS
Head of Unit

[7]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

------------------------

------------------------

[8][1]               Official Journal L 145 of 31.5.2001, p. 43.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://webgate.ec.testa.eu/Ares/documen...
4. mailto:[email address]
5. mailto:[email address]
6. file:///tmp/foiextract20201201-22784-syef8f#_ftn1
8. file:///tmp/foiextract20201201-22784-syef8f#_ftnref1

Dear Mrs Oliván Avilés,

I refer to my confirmatory application for access to documents which was registered on 10 November 2020 (Ares(2020)6561707).

I was informed on 1 December 2020 that the secretariat-general was not in a position to reply to within the prescribed time limit which expired on 1 December 2020. Can you confirm that the request will be handled within 15 working days from that initial deadline, i.e. by 23 December 2020?

All the best
Peter Teffer

ve_sg.accessdoc (SG), Health and Food Safety

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)7857931 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2020/3437

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

Dear Mr Teffer,

 

We refer to your letter of 10 November 2020, registered on the same day,
by which you submit a confirmatory application in accordance with Article
7(2) of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (hereafter ‘Regulation (EC)
No 1049/2001’).

 

I also refer to our holding reply of 1 December 2020, by which the time
limit for replying to your confirmatory application was extended by 15
working days pursuant to Article 8(2) of Regulation (EC) No 1049/2001, and
your e-mail of 16 December 2020, in which you asked whether you could
expect the reply to your request by 23 December 2020.

 

I regret to have to inform you that we will not be able to respond within
the extended time limit, which expires on 22 December 2020, as we have not
yet finalised internal consultations. However, I can assure you that we
are doing our utmost to conclude these proceedings in order to provide you
with a final reply as soon as possible.

 

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

 

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

SG.C.1 (Transparency, Document Management and Access to Documents)

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6D84E.7D1D4FD0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

Dear Mrs Oliván Avilés,

I refer to my confirmatory application for access to documents which was registered on 10 November 2020 (Ares(2020)6561707).

The Secretariat General is currently in breach of article 8 of Regulation (EC) No 1049/2001, which allows for only one extension of the deadline by 15 working days. That extended deadline has long expired.

Please reply to my confirmatory application within 48 hours.

Sincerely,
Peter Teffer

Sg-Acc-Doc@ec.europa.eu, Health and Food Safety

Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
 
 
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
 
 
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
 
 

References

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1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...

ve_sg.accessdoc (SG), Health and Food Safety

[1]Ares(2021)430791 - Ares(2020)7857931 - Your confirmatory application
for access to documents under Regulation (EC) No 1049/2001 – GESTDEM
2020/3437

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

Dear Mr Teffer,

We refer to your email of 11 January 2021, whereby you express your
concern about the delay in the response to your confirmatory request
registered under reference GESTDEM 2020/3437.

In your e-mail, you also ask the Secretariat-General to provide the final
reply to your application within a certain timeframe.

We also refer to our reply of 22 December 2020, in which the
Secretariat-General informed you that your confirmatory application was
being examined and that it was not possible to provide the reply within
the extended deadline.

We can confirm that your request is being processed. However and
unfortunately, we are not in a position to indicate when the handling of
the file will be completed.

We sincerely apologise for the delay in the handling of your application
and we thank you for your understanding.

Yours sincerely,

Access to documents team (cr)
SG.C.1
Transparency

show quoted sections

SG-GREFFE-CERTIFICATION@ec.europa.eu, Health and Food Safety

4 Attachments

Dear Mr Peter Teffer,
 
Please find attached the electronic version of Commission Decision
C(2021)2895, as adopted by the European Commission on 19.4.2021.
 
 
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Health and Food Safety

4 Attachments

Dear Mr Peter Teffer,
 
Please find attached the electronic version of Commission Decision
C(2021)2895, as adopted by the European Commission on 20.4.2021 and not on
the 19.4.2021 as in my previous message.
 
 
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Health and Food Safety

4 Attachments

Dear Mr Peter Teffer,
 
Please find attached the electronic version of Commission Decision
C(2021)2895, as adopted by the European Commission on 20.4.2021.
 
 
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Health and Food Safety

4 Attachments

Dear Mr Peter Teffer,
 
Please find attached the electronic version of Commission Decision
C(2021)2895, as adopted by the European Commission on 20.4.2021.
 
 
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Health and Food Safety

1 Attachment

Dear Mr Teffer,
 
Unless we are mistaken, we have not received a confirmation to the message
addressed to you on the 21.4.2021.
 
Could you please check the three messages received - C(2021)2895 –
part1/3, part 2/3 and part 3/3 and confirm their receipt as well as the
documents attached?
 
Many thanks in advance for your help.
 
Kind regards,
 
Oana Boldis
 
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
_____________________________________________
From: BOLDIS Oana (SG) On Behalf Of SG GREFFE CERTIFICATION
Sent: Wednesday, April 21, 2021 6:40 PM
To: '[FOI #8011 email]'
<[FOI #8011 email]>
Cc: KONONIUK Agnieszka (SG) <[email address]>
Subject: C(2021)2895 part 3/3
 
 
Dear Mr Peter Teffer,
 
Please find attached the electronic version of Commission Decision
C(2021)2895, as adopted by the European Commission on 20.4.2021.
 
 
<< File: 1_EN_ACT_part1_v2.pdf >>  << File:
1_EN_annexe_acte_autonome_nlw_part1_v1.pdf >>  << File: Annexes part
three.7z >>
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
<< OLE Object: Picture (Device Independent Bitmap) >>
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [2][email address]
 

References

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

Dear Oana Boldis

I confirm receipt of the documents on 21 April 2021, noting that this was 82 working days after the extended deadline.

Peter Teffer