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Information relating to CO2 standard for new aircraft

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Dear Mobility and Transport,

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:

- Correspondence to and from aircraft manufactures and DG Move and the Cabinet of Commissioner Bulc relating to the development by ICAO of a CO2 standard for new aircraft, covering the period November 1st 2015 and February 12 2016.

Sincerely,

Andrew Murphy
Transport & Environment

Mobility and Transport

Dear Mr .,

Further to your initial application for access to documents introduced on Wednesday, March 02, 2016 12:10 PM , we regret to inform you that your application cannot be handled pending the submission of a valid, real and personal (and not a generic) postal address.

Indeed, on 1 April 2014, the submission of a 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 organization 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 real and personal 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.

We therefore kindly urge you to please provide a real and valid postal address, so as to enable us to duly register and deal with your initial application for access to documents in the meaning of Article 6(1) of Regulation 1049/2001. The deadline for handling your initial request shall run as from the moment of the registration of your request following the submission of a real, personal and valid postal address.

Thank you in advance.

Kind regards,

Agatino Valastro
European Commission

Directorate General for Mobility and Transport
Unit MOVE A-5
Acces Documents
▪ Postal address: DM 28 - 8/51, B-1049 Brussels
▪ Office address: Rue de Mot 28, B-1040 Brussels
▪ Tel. +32 2 29 52499
▪ Fax. +32 2 2969632
E-mail: [email address]

show quoted sections

Please find the request amended as per your feedback

Dear Mobility and Transport,

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:

- Correspondence to and from aircraft manufactures and DG Move and
the Cabinet of Commissioner Bulc relating to the development by
ICAO of a CO2 standard for new aircraft, covering the period
November 1st 2015 and February 12 2016.

Sincerely,

Andrew Murphy
Transport & Environment
Square de Meeus, 18
1050 Brussels,
Belgium

Mobility and Transport

Dear Sir,

Thank you for your letter e-mail dated 02 March 2016. We hereby acknowledge receipt of your application for access to documents, which was registered on 02 March 2016 under reference number GestDem 2016/1013

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 23 March 2016. 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 faithfully,

Agatino Valastro
European Commission

Directorate General for Mobility and Transport
Unit MOVE A-5
Acces Documents
▪ Postal address: DM 28 - 8/51, B-1049 Brussels
▪ Office address: Rue de Mot 28, B-1040 Brussels
▪ Tel. +32 2 29 52499
▪ Fax. +32 2 2969632

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EC ARES NOREPLY, Mobility and Transport

1 Attachment

Veuillez trouver ci-joint le document Ares(2016)2251135 concernant "Demande d'accès aux documents GESTDEM 2016/1013 - Information relating to CO2 standard for new aircraft" envoyé par M/Mme CORNELIS Filip le 13/05/2016.

Please find attached document Ares(2016)2251135 regarding "Demande d'accès aux documents GESTDEM 2016/1013 - Information relating to CO2 standard for new aircraft" sent by Mr/Ms CORNELIS Filip on 13/05/2016.

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Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender CORNELIS Filip (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir CORNELIS Filip (mailto:[email address]).

We don't know whether the most recent response to this request contains information or not – if you are Andrew Murphy please sign in and let everyone know.