Latest Eurobarometer on Animal Welfare (2023)
Dear Communication,
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:
The most recent Eurobarometer showing the latest public opinion on animal welfare - following the surveys conducted in 2022/23.
Yours faithfully,
Morgane Speeckaert
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 10/08/2023 and registered on 10/08/2023 under case number 2023/4795.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that '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.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's 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(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
DG Communication - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Communication,
Please find my postal address below:
Morgane Speeckaert
European Policy Office - FOUR PAWS
29 Rue Ducale,
1000 Brussels
Belgium
Yours faithfully,
Morgane Speeckaert
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 10/08/2023 and registered on 16/08/2023 under the case number
2023/4795.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 06/09/2023. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
DG Communication - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Ms Speeckaert,
We are writing concerning your request for access to Commission documents
registered on 10 August 2023 under case number EASE 2023/4795.
We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring today, on 6 September 2023.
An extended time limit is needed due to internal consultations and a
thorough analysis of your request.
Therefore, in line with Article 7(3) of Regulation (EC) No 1049/2001, we
need to extend this time limit by 15 additional working days. The new time
limit expires on 27 September 2023.
We apologise for any inconvenience this may cause.
Kind regards,
DG SANTE/G3
Dear Communication,
The publication of this special Eurobarometer was expected in August, and still hasn't come. As a document that is intended for public use, the extension under Article 7(3) seems unnecessary and EU citizens expect to receive it soon.
Yours faithfully,
Morgane Speeckaert
Dear Communication,
Please pass this on to the person who reviews confirmatory applications.
I am filing the following confirmatory application with regards to my access to documents request 'Latest Eurobarometer on Animal Welfare (2023)'.
On the 10th of August 2023, I, on behalf of FOUR PAWS, submitted a Freedom of Information request under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, to access the most recent Eurobarometer showing the latest public opinion on animal welfare – following surveys conducted in 2022/23, which was due to be published this summer.
After my request was registered under the case number 2023/4795 on the 16th of August, the European Commission had 15 working days to handle the request and was legally obliged to respond on the 6th of September. However, on the day of expiry I was told that, in line with Article 7(3) of Regulation (EC) No 1049/2001, an additional 15 working days were needed due to internal consultations and a thorough analysis of my request – the new time limit being the 27th of September.
We are now the 3rd of October and I have received no response. From my understanding, not only is this a breach of EU law, but also an unjustified withholding of information produced especially for public consumption. I expect a response in the days to come.
A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/lates...
Yours faithfully,
Morgane Speeckaert
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/4795, sent on 03/10/2023 and registered on 04/10/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 25/10/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/4795, sent on 03/10/2023 and registered on 04/10/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 25/10/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear applicant,
We are writing concerning your confirmatory request for access to
Commission documents for case EASE 2023/4795 registered on 04 October
2023.
We are currently working on your confirmatory request. However, we have
not yet been able to gather all the elements necessary to carry out a full
analysis of your request. We will not be able to send you the reply within
the prescribed time limit expiring on 25 October 2023.
A new deadline is needed as consultations are still ongoing.
Therefore, in line with Article 8(2) of [1]Regulation (EC) No 1049/2001 we
need to extend this time limit by 15 additional working days. The new time
limit expires on 17 November 2023.
We apologise for any inconvenience this may cause.
Kind regards,
SG C.1 Access to Documents Team
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear Sir/Madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4795.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE ACCESS TO DOCUMENTS