Dear Madam, dear Sir,

Under the right of access to EU documents, as developed in Regulation 1049/2001, I am requesting, from the Research Commissioner Moedas and/or members of his cabinet, as well as from DG RTD, any document matching the following criteria:

- between January 1st 2015 and today (25 March 2019),
- including briefings, reports, correspondence (email or other), including all attachments to the said correspondence,
- a list of all meetings, as well as agendas and minutes or any other reports of such meetings,
- from, to, or mentioning, GIRP - European Healthcare Distribution Association, or any body acting on its behalf or together with it
- mentioning or related to the Innovative Medicine’s Initiative and/or IMI2.

I kindly ask you to not redact any name of professional lobbyists and the organisations and companies they work, as such data cannot be considered personal data under Regulations 1049/2001 on access to documents and 45/2001 on data protection.

Similarly, I kindly urge you to not apply an excessive interpretation of the clause on commercial secrets under 1049/2001.

Should this request be denied wholly or partially, please explain the denial or all deletions by referring to specific exemptions in the regulation, and by justifying your interpretation of the applicable legislation.

I look forward to a positive consideration of this request.

Yours faithfully,

Jill McArdle

ve_rtd.access documents (RTD), Research and Innovation

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

[4]Ares(2019)2215238 - access to documents requests

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms. McArdle,

Thank you for your 15 requests for access to documents sent on 22/03/2019,
25/03/2019 and 26/03/2019.

Unfortunately you have not indicated your postal address that is required
for registering and handling your requests in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your requests.

You may, of course, use directly the electronic form for entering your
request:
[5]http://ec.europa.eu/transparency/regdoc/...

Best regards,

RTD Access to documents

European Commission
DG Research & Innovation
Common Legal Support Service
1049 Brussels/Belgium
[6][email address]

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D4E574.0898DDB0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/ext/doc...
5. http://ec.europa.eu/transparency/regdoc/...
6. mailto:[email address]

Dear ve_rtd.access documents (RTD),

My address is as follows:

Jill McArdle
Global Health Advocates
Tribes
17 Avenue Marnix
1000 Brussels

Yours sincerely,

Jill McArdle

ve_rtd.access documents (RTD), Research and Innovation

1 Attachment

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

[5]Ares(2019)2256478 - access to documents requests 2019/1891; 2019/1895;
2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909; 2019/1910;
2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928; 2019/1929;
2019/1930

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms McArdle,

 

Thank you for your e-mail dated 28/03/2019.  We hereby acknowledge receipt
of your 15 applications for access to documents, which were registered on
28/03/2019 under reference numbers GestDem 2019/1891; GestDem 2019/1895;
GestDem 2019/1904; GestDem 2019/1905; GestDem 2019/1906; GestDem
2019/1907; GestDem 2019/1909; GestDem 2019/1910; GestDem 2019/1911;
GestDem 2019/1924; GestDem 2019/1926; GestDem 2019/1927; GestDem
2019/1928; GestDem 2019/1929; GestDem 2019/1930.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your applications
will be handled within 15 working days. The time limit will expire on
23/04/2019. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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.

 

Yours sincerely,

 

RTD Access to documents

[6]cid:image001.gif@01D3DD79.843A2220

 

European Commission

DG Research & Innovation

Common Legal Support Service

 

 

show quoted sections

ve_rtd.access documents (RTD), Research and Innovation

1 Attachment

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

[5]Ares(2019)2502564 - RE: access to documents requests 2019/1891;
2019/1895; 2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909;
2019/1910; 2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928;
2019/1929; 2019/1930

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms McArdle,

 

We refer to your 15 applications for access to documents, registered on
the 28 March 2019 under the above mentioned reference numbers.

Your requests cover a period of time between 1st January  2015 and 22nd of
March 2019 and concern documents:

 

-          including briefings, reports, correspondence (email or other),
including all attachments to the said correspondence,

-          a list of all meetings, as well as agendas and minutes or any
other reports of such meetings,

-          from, to, or mentioning or related to the following entities:
the European Federation of Pharmaceutical Industries and Associations
(EFPIA), EBE-Biopharma, Vaccines Europe, Innovative Medicine’s Initiative
and/or IMI2,  MedTech Europe, ECHAlliance, GIRP - European Healthcare
Distribution Association, Nanotechnology Industries Association, Bayer
Pharma, Pfizer, Janssen, Thermo Fisher Scientific, Johnson & Johnson
(J&J), Novo Nordisk, Imidia, Sanofi / Sanofi Pasteur, Lilly, Novartis,
Abbott Vascular, Merck Seronon, DaiichiSankyo, Genzyme, Orionpharma, UCB
pharma /UCB Celltech, GlaxoSmithKline (GSK), Abbvie, Biogen Idec,
Lundbeck, Vifor Pharma, Miltenyi Biotec GmbH, SomaLogic Limited, Takeda,
BIOASTER, Recipharm AB, bioMérieux, Taros Chemicals GmbH & Co. KG,
Proteome Sciences plc, SAP Germany, Astellas Pharma Europe B.V.,  MIMETAS,
Siemens Healthineers, The Hyve, BIOFORTIS, F.Hoffmann-La Roche AG,
FASTinov SA, SCIMED Biotechnologies Ltd., Almirall, Nokia, Vodafone,
Orange S.A., Hitachi Ltd, or anybody acting on its behalf or together with
them.

 

At the outset, please note that such research in the document management
systems of the European Commission for “people acting on behalf of the
entities” you are interested in or “together with them” is not precise
enough to yield results.

 

Secondly, we note that you have submitted a high number of similar
requests for access to a very broad range of documents concerning 51
entities. Therefore it seems that you made a very wide-scoped request by
introducing it as seemingly separate requests.

 

In this respect, the General Court confirmed in its Ryanair judgment
T-494/08 that Article 6(3) of Regulation 1049/2001 may not be evaded by
splitting an application into several, seemingly separate, parts. As
stated by the EU Courts, the European Commission needs to respect the
principle of proportionality and ensure that the interest of the applicant
for access is balanced against the workload resulting from the processing
of the application for access, in order to safeguard the interests of good
administration.  

 

Consequently, the European Commission cannot accept an artificial
splitting of a wide-scoped request into simultaneous, seemingly separate
individual applications (see also judgment T-2/03).

 

Furthermore, the work needed to deal with your applications would entail
the following steps:

 

-          search for documents related to the criteria as per your
request;

-          consultation with the operational units within the Directorate
responsible for the requested documents;

-          retrieval and establishment of a complete list of the documents
falling under the scope of your requests;

-          scanning of the documents which are not in pdf format;

-          preliminary assessment of the content of the documents in light
of any potential exceptions under Article 4 of Regulation 1049/2001;

-          consultation of third parties, authors of documents concerned,
if need be;

-          final assessment of the documents in light of the results of
the consultations of different services and/or third parties

-          redactions of the relevant parts falling under exceptions of
Regulation EC 1049/200;.

-          preparation of the draft reply and finalisation of it at
administrative level, formal approvals of the draft decision;

-          final check of the documents to be partially released, if
applicable (scanning of the redacted versions, administrative treatment…)
and dispatch of the reply.

 

Given the high number of types of documents and entities concerned by your
wide-scoped request, the research and analysis of documents which could
fall within the scope of your requests cannot be expected to be completed
within the normal time limits set out in Article 7 of Regulation
1049/2001.

Article 6(3) of Regulation 1049/2001 provides that in the event of an
application relating to a very long document or to a very large number of
documents, the institution concerned may confer with the applicant
informally, with a view to finding a fair solution.

This article shall apply per analogy also to you requests, which, due to
their high numbers, wide scope and time frame, require numerous long and
complex searches potentially concerning a very large number of documents.

 

In accordance with the case law of the EU Court, a fair solution can only
concern the content or the number of documents applied for, not the
deadline for replying. This means that the scope of your requests must be
reduced in a way that would enable its treatment  within the extended
deadline of 15+15 working days.

 

Based on the above-mentioned provision, we would kindly ask you to specify
the objective of your wide-scoped request and your specific interest in
the documents requested, and whether you could narrow down the scope of
your request, so as to reduce it to a more manageable number.

In particular, we propose one of the following alternative options in
order to limit the excessive administrative burden relating to the
handling of your wide-scoped request:

·         restrict the scope of your request to meetings held by the
senior management (which means Commissioner Carlos Moedas, members of his
cabinet and Director General of DG Research and Technological Innovation)
and limit your request to documents related to the meetings published in
the Transparency Register;  

·         restrict the scope of your request to documents of the senior
management (which means Commissioner Carlos Moedas, members of his cabinet
and Director General of DG Research and Technological Innovation) and
limit the number of the requests you submitted to us to 3 requests of your
choice. 

 

In order to enable us to provide you with a reply as soon as possible, we
would ask you for a swift response to our proposal for a fair solutions
within five working days at the latest, by email to
[6][email address].

Please consider that in the absence of a reply within five working days,
we will be forced to unilaterally restrict the scope of your application
to those parts that can be dealt with within the extended deadline of 30
working days, counting from the registration of your application.

 

Thank you in advance for your cooperation.

 

Yours sincerely,

 

RTD Access to documents

 

[7]cid:image001.gif@01D26B5B.E7FC3FF0

European Commission

DG Research & Innovation

Common Legal Support Service

ORBN

1049 Brussels/Belgium

[8][email address]

 

 

From: ve_rtd.access documents (RTD) <[DG RTD request email]>
Sent: Friday, March 29, 2019 11:17 AM
To: [email address];
[email address];
[email address];
[email address];
[FOI #6683 email];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address]
Cc: RTD ACCESS DOCUMENTS <[email address]>
Subject: Ares(2019)2256478 - access to documents requests 2019/1891;
2019/1895; 2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909;
2019/1910; 2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928;
2019/1929; 2019/1930

 

[9]Ares(2019)2256478 - access to documents requests 2019/1891; 2019/1895;
2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909; 2019/1910;
2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928; 2019/1929;
2019/1930

 

Sent by ve_rtd.access documents (RTD)
<[10][DG RTD request email]>. All responses have to be sent to
this email address.

Envoyé par ve_rtd.access documents (RTD)
<[11][DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

 

Dear Ms McArdle,

 

Thank you for your e-mail dated 28/03/2019.  We hereby acknowledge receipt
of your 15 applications for access to documents, which were registered on
28/03/2019 under reference numbers GestDem 2019/1891; GestDem 2019/1895;
GestDem 2019/1904; GestDem 2019/1905; GestDem 2019/1906; GestDem
2019/1907; GestDem 2019/1909; GestDem 2019/1910; GestDem 2019/1911;
GestDem 2019/1924; GestDem 2019/1926; GestDem 2019/1927; GestDem
2019/1928; GestDem 2019/1929; GestDem 2019/1930.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your applications
will be handled within 15 working days. The time limit will expire on
23/04/2019. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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.

 

Yours sincerely,

 

RTD Access to documents

[12]cid:image001.gif@01D3DD79.843A2220

 

European Commission

DG Research & Innovation

Common Legal Support Service

 

 

show quoted sections

ve_rtd.access documents (RTD), Research and Innovation

1 Attachment

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

[5]Ares(2019)2779977 - RE: Ares(2019)2502564 - RE: access to documents
requests 2019/1891; 2019/1895; 2019/1904; 2019/1905; 2019/1906; 2019/1907;
2019/1909; 2019/1910; 2019/1911; 2019/1924; 2019/1926; 2019/1927;
2019/1928; 2019/1929; 2019/1930

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms McArdle,

 

We refer to your 15 applications for access to documents, registered on
the 28 March 2019 under the above mentioned reference numbers.

 

We regret to inform you that we are not in the position to complete the
handling of your application within the time limit of 15 working days,
which expired yesterday, 23 April 2019, as we have not been able yet to
agree on a fair solution on the restriction of the request scope that is
acceptable to both parties.

 

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 will expire on 16 May 2019.

 

Yours sincerely,

 

RTD Access to documents

 

European Commission

DG Research & Innovation

Common Legal Support Service

 

ORBN

1049 Brussels/Belgium

[6][email address]

[7]http://ec.europa.eu/research

 

 

 

From: ve_rtd.access documents (RTD) <[DG RTD request email]>
Sent: Tuesday, April 9, 2019 7:00 PM
To: [email address];
[email address];
[email address];
[email address];
[FOI #6683 email];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address];
[email address]
Cc: RTD ACCESS DOCUMENTS <[email address]>
Subject: Ares(2019)2502564 - RE: access to documents requests 2019/1891;
2019/1895; 2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909;
2019/1910; 2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928;
2019/1929; 2019/1930

 

[8]Ares(2019)2502564 - RE: access to documents requests 2019/1891;
2019/1895; 2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909;
2019/1910; 2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928;
2019/1929; 2019/1930

 

Sent by ve_rtd.access documents (RTD)
<[9][DG RTD request email]>. All responses have to be sent to
this email address.

Envoyé par ve_rtd.access documents (RTD)
<[10][DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

 

Dear Ms McArdle,

 

We refer to your 15 applications for access to documents, registered on
the 28 March 2019 under the above mentioned reference numbers.

Your requests cover a period of time between 1st January  2015 and 22nd of
March 2019 and concern documents:

 

-          including briefings, reports, correspondence (email or other),
including all attachments to the said correspondence,

-          a list of all meetings, as well as agendas and minutes or any
other reports of such meetings,

-          from, to, or mentioning or related to the following entities:
the European Federation of Pharmaceutical Industries and Associations
(EFPIA), EBE-Biopharma, Vaccines Europe, Innovative Medicine’s Initiative
and/or IMI2,  MedTech Europe, ECHAlliance, GIRP - European Healthcare
Distribution Association, Nanotechnology Industries Association, Bayer
Pharma, Pfizer, Janssen, Thermo Fisher Scientific, Johnson & Johnson
(J&J), Novo Nordisk, Imidia, Sanofi / Sanofi Pasteur, Lilly, Novartis,
Abbott Vascular, Merck Seronon, DaiichiSankyo, Genzyme, Orionpharma, UCB
pharma /UCB Celltech, GlaxoSmithKline (GSK), Abbvie, Biogen Idec,
Lundbeck, Vifor Pharma, Miltenyi Biotec GmbH, SomaLogic Limited, Takeda,
BIOASTER, Recipharm AB, bioMérieux, Taros Chemicals GmbH & Co. KG,
Proteome Sciences plc, SAP Germany, Astellas Pharma Europe B.V.,  MIMETAS,
Siemens Healthineers, The Hyve, BIOFORTIS, F.Hoffmann-La Roche AG,
FASTinov SA, SCIMED Biotechnologies Ltd., Almirall, Nokia, Vodafone,
Orange S.A., Hitachi Ltd, or anybody acting on its behalf or together with
them.

 

At the outset, please note that such research in the document management
systems of the European Commission for “people acting on behalf of the
entities” you are interested in or “together with them” is not precise
enough to yield results.

 

Secondly, we note that you have submitted a high number of similar
requests for access to a very broad range of documents concerning 51
entities. Therefore it seems that you made a very wide-scoped request by
introducing it as seemingly separate requests.

 

In this respect, the General Court confirmed in its Ryanair judgment
T-494/08 that Article 6(3) of Regulation 1049/2001 may not be evaded by
splitting an application into several, seemingly separate, parts. As
stated by the EU Courts, the European Commission needs to respect the
principle of proportionality and ensure that the interest of the applicant
for access is balanced against the workload resulting from the processing
of the application for access, in order to safeguard the interests of good
administration.  

 

Consequently, the European Commission cannot accept an artificial
splitting of a wide-scoped request into simultaneous, seemingly separate
individual applications (see also judgment T-2/03).

 

Furthermore, the work needed to deal with your applications would entail
the following steps:

 

-          search for documents related to the criteria as per your
request;

-          consultation with the operational units within the Directorate
responsible for the requested documents;

-          retrieval and establishment of a complete list of the documents
falling under the scope of your requests;

-          scanning of the documents which are not in pdf format;

-          preliminary assessment of the content of the documents in light
of any potential exceptions under Article 4 of Regulation 1049/2001;

-          consultation of third parties, authors of documents concerned,
if need be;

-          final assessment of the documents in light of the results of
the consultations of different services and/or third parties

-          redactions of the relevant parts falling under exceptions of
Regulation EC 1049/200;.

-          preparation of the draft reply and finalisation of it at
administrative level, formal approvals of the draft decision;

-          final check of the documents to be partially released, if
applicable (scanning of the redacted versions, administrative treatment…)
and dispatch of the reply.

 

Given the high number of types of documents and entities concerned by your
wide-scoped request, the research and analysis of documents which could
fall within the scope of your requests cannot be expected to be completed
within the normal time limits set out in Article 7 of Regulation
1049/2001.

Article 6(3) of Regulation 1049/2001 provides that in the event of an
application relating to a very long document or to a very large number of
documents, the institution concerned may confer with the applicant
informally, with a view to finding a fair solution.

This article shall apply per analogy also to you requests, which, due to
their high numbers, wide scope and time frame, require numerous long and
complex searches potentially concerning a very large number of documents.

 

In accordance with the case law of the EU Court, a fair solution can only
concern the content or the number of documents applied for, not the
deadline for replying. This means that the scope of your requests must be
reduced in a way that would enable its treatment  within the extended
deadline of 15+15 working days.

 

Based on the above-mentioned provision, we would kindly ask you to specify
the objective of your wide-scoped request and your specific interest in
the documents requested, and whether you could narrow down the scope of
your request, so as to reduce it to a more manageable number.

In particular, we propose one of the following alternative options in
order to limit the excessive administrative burden relating to the
handling of your wide-scoped request:

·         restrict the scope of your request to meetings held by the
senior management (which means Commissioner Carlos Moedas, members of his
cabinet and Director General of DG Research and Technological Innovation)
and limit your request to documents related to the meetings published in
the Transparency Register;  

·         restrict the scope of your request to documents of the senior
management (which means Commissioner Carlos Moedas, members of his cabinet
and Director General of DG Research and Technological Innovation) and
limit the number of the requests you submitted to us to 3 requests of your
choice. 

 

In order to enable us to provide you with a reply as soon as possible, we
would ask you for a swift response to our proposal for a fair solutions
within five working days at the latest, by email to
[11][email address].

Please consider that in the absence of a reply within five working days,
we will be forced to unilaterally restrict the scope of your application
to those parts that can be dealt with within the extended deadline of 30
working days, counting from the registration of your application.

 

Thank you in advance for your cooperation.

 

Yours sincerely,

 

RTD Access to documents

 

[12]cid:image001.gif@01D26B5B.E7FC3FF0

European Commission

DG Research & Innovation

Common Legal Support Service

ORBN

1049 Brussels/Belgium

[13][email address]

 

 

From: ve_rtd.access documents (RTD)
<[14][DG RTD request email]>
Sent: Friday, March 29, 2019 11:17 AM
To: [15][email address];
[16][email address];
[17][email address];
[18][email address];
[19][FOI #6683 email];
[20][email address];
[21][email address];
[22][email address];
[23][email address];
[24][email address];
[25][email address];
[26][email address];
[27][email address];
[28][email address];
[29][email address]
Cc: RTD ACCESS DOCUMENTS <[30][email address]>
Subject: Ares(2019)2256478 - access to documents requests 2019/1891;
2019/1895; 2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909;
2019/1910; 2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928;
2019/1929; 2019/1930

 

[31]Ares(2019)2256478 - access to documents requests 2019/1891; 2019/1895;
2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909; 2019/1910;
2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928; 2019/1929;
2019/1930

 

Sent by ve_rtd.access documents (RTD)
<[32][DG RTD request email]>. All responses have to be sent to
this email address.

Envoyé par ve_rtd.access documents (RTD)
<[33][DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

 

Dear Ms McArdle,

 

Thank you for your e-mail dated 28/03/2019.  We hereby acknowledge receipt
of your 15 applications for access to documents, which were registered on
28/03/2019 under reference numbers GestDem 2019/1891; GestDem 2019/1895;
GestDem 2019/1904; GestDem 2019/1905; GestDem 2019/1906; GestDem
2019/1907; GestDem 2019/1909; GestDem 2019/1910; GestDem 2019/1911;
GestDem 2019/1924; GestDem 2019/1926; GestDem 2019/1927; GestDem
2019/1928; GestDem 2019/1929; GestDem 2019/1930.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your applications
will be handled within 15 working days. The time limit will expire on
23/04/2019. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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.

 

Yours sincerely,

 

RTD Access to documents

[34]cid:image001.gif@01D3DD79.843A2220

 

European Commission

DG Research & Innovation

Common Legal Support Service

 

 

show quoted sections

ve_rtd.access documents (RTD), Research and Innovation

1 Attachment

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

[5]Ares(2019)2832255 - RE: Ares(2019)2502564 - RE: access to documents
requests 2019/1891; 2019/1895; 2019/1904; 2019/1905; 2019/1906; 2019/1907;
2019/1909; 2019/1910; 2019/1911; 2019/1924; 2019/1926; 2019/1927;
2019/1928; 2019/1929; 2019/1930

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms McArdle,

 

We confirm acknowledgment of your message of 18 April 2019 and we thank
you for the reformulation of your request.

 

We assessed the solution you proposed and we regret to have to ask you for
a further restriction of your request as its scope is still too broad for
being handled within the deadline which, in the current case, has been
extended to the 16 May 2019.

 

We understand that you need the requested documents within the framework
of a research project; the list of entities you are interested in is
nevertheless not manageable within the current deadline, as per our
previous message of the 09 April 2019.

 

Unfortunately, taking into account the high number of requests for access
to documents we receive and the limited resources available, the documents
need to be limited to a manageable number, in order to safeguard the
interests of good administration.

For this reason, the Regulation provides for a possibility to confer with
the applicant in order to find a fair solution (see Article 6.3 of
Regulation 1049/2001). Please be reassured that the purpose of this
attempt to find a common agreement on the reduction is to process your
request and provide you with a reply, both aligned to your interests and
timely.

 

For this reason, we invite you to reconsider a restriction of the scope of
your request and to identify some documents which, within the framework of
your research project, you would like to give priority to.

Whether the proposal as per our message of the 09 April 2019 does not
correspond to your interest, we kindly ask you to provide an alternative
but equally manageable solution.

 

We remind you that, should we not be able to find a common agreed
solution, with a view to safeguarding the interests of good
administration, unfortunately we will be obliged to balance your interest
in access against the workload resulting from the processing of your
application, unilaterally restricting the scope of your application to the
categories of documents that could be dealt with within the time limit
from the date of registration of your application.

 

We hope the above is useful and we remain available for any further
question you may have.

 

Best regards,

 

RTD Access to documents

 

[6]cid:image001.gif@01D26B5B.E7FC3FF0

European Commission

DG Research & Innovation

Common Legal Support Service

ORBN

1049 Brussels/Belgium

[7][email address]

 

 

show quoted sections

Dear ve_rtd.access documents (RTD),

Thank you for your reply.

You are asking me to further restrict the scope of my request as you need to balance your interest in access against the workload resulting from the processing of your application within the deadline of May 16 2019.

Further restricting the scope of my request would harm the research we are undertaking, as I need to have access to these documents in order for my dataset to be reasonably comprehensive. Therefore, I cannot propose you a further restriction. Besides, as you certainly know, the European Commission's workload is not an recognised exception to Regulation 1049/2001 (except in the case where the request would "seriously undermine the institution's decision-making process", which I do not think is the case here), though of course I understand and respect this limitation.

However, as apparently processing the entire dataset before May 16 exceeds your capacity, I am proposing to prioritise certain elements of my request in order to let you achieve the May 16 deadline, and accept that you will send me the rest of the documents later.

Therefore, I would like to request that, within the May16 2019 deadline you have set, you send me the following documents:

- from the Research Commissioner Moedas and/or members of his cabinet, as well as from DG RTD
- from or to: IMI, EFPIA, ECHAlliance, MedTech Europe
- including briefings, reports, correspondence (email or other), including all attachments to the said correspondence,
- a list of all meetings, as well as agendas and minutes or any other reports of such meetings.
- between May 1st 2016 and today.

And, after May 16, the following documents:

- from the Research Commissioner Moedas and/or members of his cabinet, as well as from DG RTD
- from or to: Nanotechnology Industries Association, GIRP - European Healthcare Distribution Association, EBE BioPharma and Vaccines Europe, EBE-Biopharma, Vaccines Europe, Bayer Pharma, Pfizer, Janssen, Thermo Fisher Scientific, Johnson & Johnson
(J&J), Novo Nordisk, Imidia, Sanofi / Sanofi Pasteur, Lilly, Novartis, Abbott Vascular, Merck Seronon, DaiichiSankyo, Genzyme, Orionpharma, UCB pharma /UCB Celltech, GlaxoSmithKline (GSK), Abbvie, Biogen Idec, Lundbeck, Vifor Pharma, Miltenyi Biotec GmbH, SomaLogic Limited, Takeda, BIOASTER, Recipharm AB, bioMérieux, Taros Chemicals GmbH & Co. KG, Proteome Sciences plc, SAP Germany, Astellas Pharma Europe B.V., MIMETAS, Siemens Healthineers, The Hyve, BIOFORTIS, F.Hoffmann-La Roche AG, FASTinov SA, SCIMED Biotechnologies Ltd., Almirall, Nokia, Vodafone, Orange S.A., Hitachi Ltd.

- including briefings, reports, correspondence (email or other), including all attachments to the said correspondence,
- a list of all meetings, as well as agendas and minutes or any other reports of such meetings.
- between May 1st 2016 and today.

I hope this is acceptable to you and look forward to your response and to receiving the documents.

Yours sincerely,

Jill McArdle

ve_rtd.access documents (RTD), Research and Innovation

1 Attachment

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

[5]Ares(2019)2938096 - RE: access to documents requests 2019/1891;
2019/1895; 2019/1904; 2019/1905; 2019/1906; 2019/1907; 2019/1909;
2019/1910; 2019/1911; 2019/1924; 2019/1926; 2019/1927; 2019/1928;
2019/1929; 2019/1930

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms McArdle,

 

We thank you for your message of the 29 April 2019, in which your further
reduce the scope of the request to be treated by the deadline of the 16
May 2019.

 

In this respect, we would like to clarify that while the workload of the
Commission is not an exception included in Regulation 1049/2001, the need
to safeguard the interest of good administration is a principle recognised
by the Court of Justice.

The scope of an access to documents request has therefore to be restricted
to a manageable volume of documents, in order to balance the private
interest for access to the interests of the good administration,
considering that the limited resources of the Commission do not allow the
handling of very broad requests.

 

Regarding your proposal to treat a part of your request within the
deadline of 16 May 2019 and the remaining parts after this deadline, we
thank you for your understanding but unfortunately we have to inform you
that we cannot accept such a solution, as according to the principles
established by the Court of Justice (see Strack, C-127/13), a fair
solution may concern the number and content of the documents applied for,
but not the timeframe for dealing with the initial request.

 

In the light of the above, we kindly ask you to confirm the documents you
would like to give priority to within the deadline of the 16 May 2019.

 

However, please note that if after receipt of our reply you consider that
in the light of your research project you would be interested in having
access to further documents, you may submit a new access to documents
request, the scope of which should be equally manageable within the
deadline of 15+15 working days.

 

We wait for your kind feedback and we stay at your full disposal.

 

Kind regards,

 

RTD Access to documents

 

[6]cid:image001.gif@01D26B5B.E7FC3FF0

European Commission

DG Research & Innovation

Common Legal Support Service

ORBN

1049 Brussels/Belgium

[7][email address]

 

 

show quoted sections

ve_rtd.access documents (RTD), Research and Innovation

14 Attachments

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

[5]Ares(2019)3260907 - Access to documents request GestDem 2019/1891;
GestDem 2019/1895; GestDem 2019/1904; GestDem 2019/1905; GestDem
2019/1906; GestDem 2019/1907; GestDem 2019/1909; GestDem 2019/1910;
GestDem 2019/1911; GestDem 2019/1924; GestDem 2019/1926; GestDem
2019/1927;

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms McArdle,

 

Please find attached to the present email the reply to your access to
documents requests under reference numbers GestDem 2019/1891; GestDem
2019/1895; GestDem 2019/1904; GestDem 2019/1905; GestDem 2019/1906;
GestDem 2019/1907; GestDem 2019/1909; GestDem 2019/1910; GestDem
2019/1911; GestDem 2019/1924; GestDem 2019/1926; GestDem 2019/1927;
GestDem 2019/1928; GestDem 2019/1929; GestDem 2019/1930.

 

Yours sincerely,

 

RTD Access to documents

 

[6]cid:image001.gif@01D26B5B.E7FC3FF0

European Commission

DG Research & Innovation

Common Legal Support Service

ORBN

1049 Brussels/Belgium

[7][email address]

 

References

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1. file:///tmp/cid:filelist.xml@01D50CCE.EBA7B2D0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
7. mailto:[email address]