Dear Mr Carvalho,

We hereby acknowledge receipt of your application for access to documents, which was registered under reference number 2022ATD02 on 23 February. We kindly ask you to use this reference for any further correspondence on this matter.

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 March 2022.

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

Yours faithfully,

EIOPA Access to Documents

show quoted sections

by email:

Pedro Carvalho [1][FOI #10752 email], and

Pedro Carvalho [2][FOI #10752 email]

Dear Mr Carvalho,

We are writing to you in relation to your emails of 21 February 2022 in
which you requested EIOPA to provide you with a wide range of documents
containing information regarding all the equivalence decisions, and, if
applicable, the withdrawal of equivalence decisions rendered by the
European Commission and/or European Parliament within the European
Insurance and Occupational Pensions Authority’s (EIOPA) remit (hereinafter
the “Requests”), as follows:

“- all technical reports and/or documents prepared by European Insurance
and Occupational Pensions Authority and issued to support the
(withdrawal) decisions taken by the European Commission and/or European
Parliament (if any);

- all documents related to the (withdrawal of) equivalence decisions in
which the European Insurance and Occupational Pensions Authority has
provided assistance, including minutes of meetings held by the ESFS
regulators, the European Commission, and/or the European Parliament (if
any);

- the timeframes comprising the receipt of requests for technical analysis
and the issuance of the respective technical reports to support the
aforementioned (withdrawal) decisions taken by the European Commission
and/or European Parliament (if any); and

- all correspondence and other kinds of communication, including
attachments (such as emails, letters, and/or telephone call notes),
between the regulators (including overseas regulators of the third
countries for which the equivalence decisions were rendered), other
organizations, and the European Commission/European Parliament with
respect to the aforementioned equivalence (withdrawal) decisions (if
any)”.

We would like to draw your attention to the nature and the scope of your
Requests which (i) appears to be of significantly broad scope, (ii)
pertains to a very large number of documents, each of which needs to be
assessed individually against the exceptions set out in Regulation (EC) No
1049/2001, and (iii) covers a significant time span.

Such a detailed analysis cannot be carried out within the normal time
limits set out in Article 7 of Regulation (EC) No 1049/2001. In this
regard, we would like to notify of the extension of the time-limit for
providing you with a response by another 15 working days in accordance
with Article 7(3) of Regulation (EC) No 1049/2001.

Against this background, given the broad scope of your Requests and
considering also your expressed interest in understanding better “how the
ESFS regulators have engaged with equivalence (withdrawal) decisions; the
procedural steps that have been taken prior to an equivalence (withdrawal)
decision being rendered; and, the time each step in the process to reach a
decision takes”, we would like to confer with you pursuant to Article 6(3)
of Regulation (EC) No 1049/2001 with a view to proposing a fair solution.
Our proposed fair solution is that:

-       EIOPA staff assists you in identifying documents that are already
publicly available and provides you with relevant links.

-       A conference call is set up where EIOPA staff will provide you
with further information about the procedural steps of, and timeline for,
equivalence decisions. In this regard, we would kindly invite you to send
us a detailed list of questions that you would like to pose at the call.

We would appreciate it if you could confirm your acceptance of this fair
solution proposal by 25 March 2022 in order for us to organise the
suggested conference call very soon thereafter.

Finally, please also note that pending your response, we will put on hold
the deadline to get back to you in relation to the content of your
Requests.

Kind regards,

EIOPA Access to Documents

Westhafen Tower

Westhafenplatz 1

60327 Frankfurt am Main

This message is confidential to the persons to whom it is addressed. This
email is not intended nor should it be taken to create any legal
relations, contractual or otherwise. If you receive this message by
mistake, you should not disseminate, distribute or copy this e-mail. Any
unauthorised disclosure, use or dissemination, either in whole or in part,
is prohibited. If you have received this e-mail in error, please notify
the sender immediately via e-mail and delete this e-mail and attachments
from your system.

References

Visible links
1. mailto:[FOI #10752 email]
2. mailto:[FOI #10752 email]

by email:

Pedro Carvalho [1][FOI #10752 email], and

Pedro Carvalho [2][FOI #10752 email]

Dear Mr Carvalho,

We are writing to you in relation to your emails of 21 February 2022 in
which you requested EIOPA to provide you with a wide range of documents
containing information regarding all the equivalence decisions, and, if
applicable, the withdrawal of equivalence decisions rendered by the
European Commission and/or European Parliament within the European
Insurance and Occupational Pensions Authority’s (EIOPA) remit (hereinafter
the “Requests”), as follows:

“- all technical reports and/or documents prepared by European Insurance
and Occupational Pensions Authority and issued to support the
(withdrawal) decisions taken by the European Commission and/or European
Parliament (if any);

- all documents related to the (withdrawal of) equivalence decisions in
which the European Insurance and Occupational Pensions Authority has
provided assistance, including minutes of meetings held by the ESFS
regulators, the European Commission, and/or the European Parliament (if
any);

- the timeframes comprising the receipt of requests for technical analysis
and the issuance of the respective technical reports to support the
aforementioned (withdrawal) decisions taken by the European Commission
and/or European Parliament (if any); and

- all correspondence and other kinds of communication, including
attachments (such as emails, letters, and/or telephone call notes),
between the regulators (including overseas regulators of the third
countries for which the equivalence decisions were rendered), other
organizations, and the European Commission/European Parliament with
respect to the aforementioned equivalence (withdrawal) decisions (if
any)”.

We would like to draw your attention to the nature and the scope of your
Requests which (i) appears to be of significantly broad scope, (ii)
pertains to a very large number of documents, each of which needs to be
assessed individually against the exceptions set out in Regulation (EC) No
1049/2001, and (iii) covers a significant time span.

Such a detailed analysis cannot be carried out within the normal time
limits set out in Article 7 of Regulation (EC) No 1049/2001. In this
regard, we would like to notify of the extension of the time-limit for
providing you with a response by another 15 working days in accordance
with Article 7(3) of Regulation (EC) No 1049/2001.

Against this background, given the broad scope of your Requests and
considering also your expressed interest in understanding better “how the
ESFS regulators have engaged with equivalence (withdrawal) decisions; the
procedural steps that have been taken prior to an equivalence (withdrawal)
decision being rendered; and, the time each step in the process to reach a
decision takes”, we would like to confer with you pursuant to Article 6(3)
of Regulation (EC) No 1049/2001 with a view to proposing a fair solution.
Our proposed fair solution is that:

-       EIOPA staff assists you in identifying documents that are already
publicly available and provides you with relevant links.

-       A conference call is set up where EIOPA staff will provide you
with further information about the procedural steps of, and timeline for,
equivalence decisions. In this regard, we would kindly invite you to send
us a detailed list of questions that you would like to pose at the call.

We would appreciate it if you could confirm your acceptance of this fair
solution proposal by 25 March 2022 in order for us to organise the
suggested conference call very soon thereafter.

Finally, please also note that pending your response, we will put on hold
the deadline to get back to you in relation to the content of your
Requests.

Kind regards,

EIOPA Access to Documents

Westhafen Tower

Westhafenplatz 1

60327 Frankfurt am Main

This message is confidential to the persons to whom it is addressed. This
email is not intended nor should it be taken to create any legal
relations, contractual or otherwise. If you receive this message by
mistake, you should not disseminate, distribute or copy this e-mail. Any
unauthorised disclosure, use or dissemination, either in whole or in part,
is prohibited. If you have received this e-mail in error, please notify
the sender immediately via e-mail and delete this e-mail and attachments
from your system.

References

Visible links
1. mailto:[FOI #10752 email]
2. mailto:[FOI #10752 email]

Dear Mr Carvalho,
 
Thank you for accepting our proposal for a fair solution.
 
We will revert to you in relation to the content of your amended request
in a separate communication.
 
In the meantime, we would be grateful if you could send us a copy of your
national identity document to the following ATD mailbox:
[1][EIOPA request email].
 
Kind regards
EIOPA Access to Documents
 
 

show quoted sections

Dear Mr Carvalho,
 
Further to our latest email we specify the email account to which you can
send your national identity document as follows
 
access[hyphen]to[hyphen]documents[at]eiopa[dot]europa[dot]eu
 
We look forward to hearing from you.
 
Kind regards
 
EIOPA Access to documents
 

show quoted sections

Dear Mr Carvalho

Many thanks for your response and engagement in this process for a fair solution.

We would be pleased to have a call with you on Tuesday 05.04.2022 to put in place that solution. To this end, we propose three call slots on that date – 11:00-12:00, 15:00-16:00 and 16:00-17:00. If those times do not suit you, please let us know which alternative slots would work for you next week or the following week if there is no suitable time before then. We can do the call by Webex. We would need to send you a link to connect to the call by separate email to your personal address.

We take good note of your interest in understanding better "how the ESFS regulators have engaged with equivalence decisions; the procedural steps that have been taken prior to an equivalence decision being rendered; and, the time each step in the process to reach a decision takes" and placing the focus on a single equivalence decision that is representative of the scope of the original request, and we bear in mind particularly the process/procedural aspects and the timing aspects that are of interest to you.

Accordingly, we share with you in advance of the call the attached document, which directs you to what we consider to be a suitable representative decision in the case of EIOPA, referring to the publicly available documentation on that decision. That documentation is extensive in its scope and provides broad insight into the processes followed in similar equivalence cases. We would be able on our call to provide further insights into the process and timing considerations in relation to this decision to a substantial extent and trust that we can provide a fair solution in this way.

To facilitate the discussion, we ask you to please forward to us specific questions which you would like to discuss, ahead of the call – preferably by noon on Friday, 1 April 2022.

One technical point, please note a correction of the reference number of your original request “Equivalence Decisions – Withdrawal”, which should read 2022ATD03. In fact, as regards this request for access to a number of documents related to the withdrawal of equivalence decisions rendered by the European Commission and/or European Parliament within EIOPA’s remit equivalence decision, please note that no such equivalence decision has been withdrawn and accordingly we do not hold any such documents.

Finally, kindly note that until the call is held the deadline for formally responding to this request will be put on hold.

Yours sincerely

EIOPA Access to Documents

show quoted sections

Dear Mr Carvalho,
 
Thank you for your email and the information provided.
 
Considering the Easter break and EIOPA's limited availabilities during
that period, we would only be able to offer slots in the week starting
April 25th.
 
Accordingly, we are happy to invite you to a call on the following dates:
 
•       Tuesday 26.04, between 09.00 – 10.00 (CET) or between 17:30 to
18:30 (CET)
•       Wednesday 27.04, between 08:00-9:00 (CET)
•       Thursday 28,04, between 16:00-17:00 (CET) or 17:00 – 18:00 (CET)
 
Please let us know which of these slots is feasible for you and we will
submit a separate Webex invitation shortly after your confirmation to:
ps785 [at] cam [dot] ac [dot] uk.
 
We would appreciate it to receive your specific questions on the issuance
of equivalence decisions in relation to the example case materials
provided to you, along with confirmation of your availabilities on any of
the abovementioned call dates and times by 18:00 (CET) on 20.04.22, per
email sent to our functional email account: access [hyphen] to [hyphen]
documents [at] eiopa [dot] europa [dot] eu.
 
Let us know if you have questions.
 
Kind regards
 
EIOPA Access to Documents
 

show quoted sections

Dear Mr Carvalho,

Thank you for your email.

As discussed, we have sent a message to ps785 [at] cam [dot] ac [dot] uk.

Kind regards

EIOPA Access to documents

show quoted sections