Member state notifications asset reports sanctioned individuals
Dear Madam, Sir
Please find below a request for access to documents.
On 17 March 2014 the European Union adopted Council Regulation (EU) 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
The regulation stated that “[a]ll funds and economic resources belonging to, owned, held or controlled by any natural persons or natural or legal persons, entities or bodies associated with them as listed in Annex I shall be frozen.” (article 2)
It also stated: “For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources should be frozen in accordance with this Regulation, are to be made public.” (recital 9)
On 21 July 2022 the European Union adopted Council Regulation (EU) 2022/1273, amending the above-mentioned regulation. The 2022 regulation stated: “In order to ensure effective and uniform implementation of Regulation (EU) No 269/2014, and in view of the increasing complexity of sanction evasion schemes, which hamper such implementation, it is necessary to oblige designated persons and entities with assets within the jurisdiction of a Member State to report these assets and to cooperate with the competent authority in the verification of this reporting.” (recital 5)
To give this effect, article 9 was expanded with a requirement for natural or legal persons, entities or bodies listed in Annex I to “report before 1 September 2022 or within 6 weeks from the date of listing in Annex I, whichever is latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located”. (article 9.2(a))
Member States are required to “inform the Commission within two weeks of the information received pursuant to paragraph 2(a)”, in other words, to pass on the reported funds or economic resources owned by natural or legal persons, entities or bodies on the sanctions list. The date by which Member States are required to do so, is 15 September 2022, i.e. yesterday.
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 notifications made by Member States to comply with Council Regulation (EU) 2022/1273 article 1.2, specifically the amended article 9.4 of Regulation 269/2014.
When assessing whether the documents can be made public, it can be foreseen that article 4(1)b is considered, which allows EU institutions to refuse access to a document where disclosure would undermine the protection of privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.
In that context however, it must be noted that Council Regulation (EU) 269/2014 determined that “the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources should be frozen in accordance with this Regulation, are to be made public.”
Publishing (parts of) documents which reveal the names and other relevant data on natural or legal persons, entities or bodies listed in Annex I which reported their assets to Member State authorities, cannot undermine the protection of privacy and the integrity of the individual. An individual who is on the sanctions list can already be identified by anyone reading Annex I. If an individual is identified in documents from Member States fulfilling their reporting obligations per article 9.4 of Regulation 269/2014, this will thus not undermine the protection of the individual’s privacy or integrity, because the fact that this individual on the sanctions list is already known. Any individual who is mentioned in documents from Member States reporting per article 9.4 of Regulation 269/2014 is de facto already identified in the public sanctions list.
In fact, one could argue that if an individual is identified as having reported his or her assets to a Member State authority, this improves their reputation, because it shows compliance with the law. It would not undermine the protection of an individual’s integrity, it could only improve that person’s integrity.
When assessing whether the documents can be made public, it can be foreseen that article 4(2) first indent is considered which allows EU institutions to refuse access to a document where disclosure would undermine the protection of commercial interests of a natural or legal person.
Here the same argument applies as above: if a natural or legal person for example a corporation is on the sanctions list, this is already information that is public. Disclosing documents which show that a natural or legal person has complied with the requirement to report their assets, would not harm commercial interests more than being listed on Annex I does. Again, a company which for example has reported their assets, shows compliance with the law, which can only be beneficial for its commercial interests.
Even if the institution were to argue that article 4(2) applies, those exceptions should be waived if there is an overriding public interest in disclosure. Although only the institution holding the documents can make an analysis of the different interests, it should be clear to anyone that there is a public interest in the sanctions being effective.
As Regulation (EU) 2022/1273 stated, there is an “increasing complexity of sanction evasion schemes”, and there is a need to have “effective and uniform implementation of Regulation (EU) No 269/2014”.
It is thus in the public interest that citizens, in particular journalists such as myself, can determine a) whether Member States fulfilled their obligations by reporting what sanctioned persons and entities reported to them, and b) whether sanctioned persons and entities with known assets in certain Member States have fulfilled their obligations to report their assets.
When handling my request, I urge that you take the above into consideration, including considering the option to provide partial access.
I also request that you provide a list of documents which are covered by my request. (Article 11 of Regulation 1049/2001 already determines that EU institutions should include all documents’ references without delay in their public register, including the subject matter and/or a short description of the content of the document and the date on which it was received or drawn up and recorded in the register – but this requirement has in practice not been fulfilled for two decades now.)
Please note I prefer to receive the documents in digital, machine-readable, format.
Sincerely,
Peter Teffer
Dear Mr Teffer,
Thank you for your request. Please note that your request falls under the
competence of the European Commission (DG FISMA) and was sent to them.
Your request will be closed in our database. You will receive the reply
from the European Commission.
Yours sincerely,
ACCES TO DOCUMENTS (AD)
[1][email address]
SG.2 – Parliamentary Affairs
Dear Sir,
Thank you for your request for access to documents. Unfortunately, you
have not indicated your postal address that is required for registering
and handling your request 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 request.
You may, of course, use directly the electronic form for entering your
request:
[1]http://ec.europa.eu/transparency/regdoc/....
Yours faithfully,
ACCESS TO DOCUMENTS TEAM (IC)
European Commission
Secretariat-General
SG.C1 (Transparency, Document Management and Access to Documents)
[2][email address]
Dear Sir,
Thank you for your request for access to documents. Unfortunately, you
have not indicated your postal address that is required for registering
and handling your request 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 request.
You may, of course, use directly the electronic form for entering your
request:
[1]http://ec.europa.eu/transparency/regdoc/....
Yours faithfully,
ACCESS TO DOCUMENTS TEAM (IC)
European Commission
Secretariat-General
SG.C1 (Transparency, Document Management and Access to Documents)
[2][email address]
Dear Madam, Sir,
It is disheartening to see this request for a postal address, when the secretariat-general itself has already acknowledged in internal documents that Regulation 1049/2001 should ensure the widest and easiest access possible, and that asking a postal address is not doing that.
Additionally, the European Ombudsman has already in 2017 pointed out "that the Commission’s practice is archaic for the 21st century" and that requesting a postal address was "disproportionate". Moreover, I do not want a paper copy or paper letters, because this is only increasing waste when there is a perfect alternative: e-mail.
Nevertheless, I will jump through your hoop and provide you with a postal address - with the caveat that I do not want a paper copy of what you will be sending via e-mail. You can send your superfluous letter to:
Overtoom 197
1054 HT Amsterdam
The Netherlands
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
Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
Dear Madam, Sir,
I refer to my access to documents request sent on 16 September 2022. I complied with the Commission's anachronistic request to provide a postal address on 23 September 2022, but I have not yet received a confirmation of registration accompanied with a GESTDEM number. Please provide this without delay.
Sincerely
Peter Teffer
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
Dear Sir,
Thank you for your e-mail of 16 September 2022. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 23 September 2022 under reference number EASE 2022/5492.
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 14 October 2022. 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 AsktheEU.org 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 (e.g. your private postal address).
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
[5]Privacy statement - access to documents.
Yours faithfully,
ACCESS TO DOCUMENTS TEAM (IC)
European Commission
Secretariat-General
SG.C1 (Transparency, Document Management and Access to Documents)
[6][email address]
Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping
[4]FW: Your application for access to documents – Ref Case No 2022/5492 -
Ares(2022)7169890 (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)
Dear Sir,
Subject: Your application for access to documents – Ref Case No 2022/5492
We refer to your e-mail dated 17/09/2022 in which you make a request for
access to documents, registered on the 29/09/2022 under the above
mentioned reference number.
Your application is currently being handled because it requires a
thorough analysis. However, we were not in a position to complete the
handling of your application within the time limit, which expired on
14/10/2022. We must therefore extend your request until 8/11/2022.
We thank you in advance for your understanding and we are doing our best
to answer your request as soon as possible.
DG FISMA ACCESS TO DOCUMENT TEAM
References
Visible links
1. file:///tmp/cid:filelist.xml@01D8E233.4E0DDB10
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
Dear Madam, Sir,
I am writing to you in relation to my application for access to documents (Ref Case No 2022/5492). This is a kind reminder to let you know the extended time limit to reply will expire today, 8 November 2022.
Regulation 1049/2011 states that an application for access to a document "shall be handled promptly" and that an extension of the time limit is only allowed once, in "exceptional cases". Any further delay is thus against the spirit and letter of the Regulation.
I therefore expect that an answer to my application will follow shortly.
Sincerely,
Peter Teffer
[1]RE: FW: Your application for access to documents – Ref Case No
2022/5492 - Ares(2022)7707340 (Please use this link only if you are an
Ares user – Svp, utilisez ce lien exclusivement si vous êtes un(e)
utilisateur d’Ares)
Dear Mr Teffer ,
We are writing again in reference to your applications for access to
documents – Ref. case No 2022/5492.
Our services are still working on your requests, unfortunately we will not
be in a position to send you the responses this week, but it shall reach
you soon.
We apologise for this delay and thank you for your patience.
Best Regards,
DG FISMA ACCESS TO DOCUMENTS TEAM
Dear Madam, Sir,
I am writing to you in relation to my application for access to documents (Ref Case No 2022/5492). The extended time limit to reply expired on 8 November 2022. That day, you informed me that you would not be able to respond by that day.
Specifically, you said that you "will not be in a position to send you the responses this week, but it shall reach you soon".
This implied that a response would be sent at the very latest the next week, i.e. by Friday 18 November. It is now already another week later, 25 November, a full 13 working days since the extended deadline expired.
Please finalise and send me the reponse without any further delay.
Sincerely
Peter Teffer
Dear Madam, Sir,
Please pass this on to the person who reviews confirmatory applications.
I am filing the following confirmatory application with regards to my application for access to documents (Ref Case No 2022/5492). The extended time limit to reply expired on 8 November 2022. That day, the EEAS informed me that it would not be able to respond by that day. However, it promised a respond would be sent "soon". On 25 November I reminded the EEAS of my request, to which I have not received a reply.
Sincerely
Peter Teffer
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2022/5492, sent on 06/12/2022 and registered on 06/12/2022.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 05/01/2023. 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 Mr Teffer,
We refer to your e-mail of 6 December 2022, 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’).
We also refer to our holding reply of 5 January 2023, 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.
We regret to have to inform you that we will not be able to respond within
the extended time limit, which expires on 26 January 2023, as we have not
yet finalised the necessary consultations. However, we 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.
We regret this additional delay and sincerely apologise for any
inconvenience this may cause.
Yours sincerely,
SG.C.1. Access to Documents Team
Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping
[4]Reply to your request of access to document - EASE 2022/5492 -
Ares(2023)1096052 (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)
Dear Mr Teffer,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2022/5492
Best regards,
DG FISMA
References
Visible links
1. file:///tmp/cid:filelist.xml@01D94126.3902FC80
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2022/5492.
We would be grateful if you could acknowledge receipt of this message by
return email.
Thank you.
Kind regards,
SG.C1 ACCESS TO DOCUMENTS
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2022/5492, sent on 21/02/2023 and registered on 22/02/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 15/03/2023. 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
2022/5492, sent on 21/02/2023 and registered on 22/02/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 15/03/2023. 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 Mr Teffer,
I refer to your e-mail of 22 February 2023, 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 would like to inform you that your confirmatory application is currently
being handled. Unfortunately, due to ongoing consultations, we are not in
a position to reply to your confirmatory request within the prescribed
time limit expiring on 15 March 2023.
Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation (EC) No 1049/2001. The new
deadline expires on 5 April 2023.
Yours sincerely,
SG.C.1 Access to Documents Team
Dear Mr Teffer,
We refer to your e-mail of 21 February 2023, registered on 22 February
2023, 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').
We also refer to our holding reply of 15 March 2023, 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.
We regret to inform you that we will not be able to respond within the
extended time limit, which expires on 5 April 2023, as we have not yet
finalised the necessary consultations.
However, we 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.
We regret this additional delay and sincerely apologise for any
inconvenience this may cause.
Yours sincerely,
SG.C.1 - Access to Documents Team
Peter left an annotation ()
Complaint submitted to the European Ombudsman regarding failure to reply on time
Dear Mr Peter Teffer,
Please find attached the electronic version of the Commission Decision
C(2023)4509 as adopted by the European Commission on 28.6.2023.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
Dear Mr Peter Teffer,
Unless we are mistaken, and while checking our records, we have not
received your confirmation of receipt regarding the message below.
Could you please acknowledge the receipt of the document enclosed in the
message addressed to you, by return email?
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
From: SG GREFFE CERTIFICATION
Sent: Thursday, June 29, 2023 2:31 PM
To: '[FOI #11835 email]'
<[FOI #11835 email]>
Cc: BEVIERE Chantal (SG) <[email address]>
Subject: C(2023)4509 final addressed to Peter Teffer
Dear Mr Peter Teffer,
Please find attached the electronic version of the Commission Decision
C(2023)4509 as adopted by the European Commission on 28.6.2023.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
Dear Mr Peter Teffer,
Unless we are mistaken, and while checking our records, we have not
received your confirmation of receipt regarding the message below.
Could you please acknowledge the receipt of the document enclosed in the
message addressed to you, by return email?
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
From: SG GREFFE CERTIFICATION <[email address]>
Sent: Monday, July 3, 2023 11:30 AM
To: [FOI #11835 email]
Subject: C(2023)4509 final addressed to Peter Teffer
Dear Mr Peter Teffer,
Unless we are mistaken, and while checking our records, we have not
received your confirmation of receipt regarding the message below.
Could you please acknowledge the receipt of the document enclosed in the
message addressed to you, by return email?
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
From: SG GREFFE CERTIFICATION
Sent: Thursday, June 29, 2023 2:31 PM
To: '[FOI #11835 email]'
<[1][FOI #11835 email]>
Cc: BEVIERE Chantal (SG) <[2][email address]>
Subject: C(2023)4509 final addressed to Peter Teffer
Dear Mr Peter Teffer,
Please find attached the electronic version of the Commission Decision
C(2023)4509 as adopted by the European Commission on 28.6.2023.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
Dimitra PROTOPSALTI
SG.B2 Procédures écrites, habilitation, délégation
European Commission
Secretariat-General
BERL 005/155
B-1049 Brussels, Belgium
Tél: (+32) 2 29 56750
References
Visible links
1. mailto:[FOI #11835 email]
2. mailto:[email address]
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Nederlands | [1]English
[2]On Demand Delivery
Uw Eenmalige Wachtwoord
Beste PETER TEFFER,
Uw eenmalige wachtwoord is 693389.
Gebruik dit wachtwoord om uw DHL Express On Demand Delivery aanvraag
te voltooien. Het wachtwoord verloopt na 15 minuten.
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References
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4. http://www.dhl.nl/nl/express.html
5. http://www.dhl.nl/nl/contact_center/cont...
6. https://www.logistics.dhl/nl-nl/home/voe...
7. file:///tmp/foiextract20230710-1154512-1mgoub0#Nederlands
10. http://www.dhl.nl/en/express.html
11. http://www.dhl.nl/en/contact_center/cont...
12. https://www.logistics.dhl/nl-en/home/foo...
Dear Mrs Protopsalti,
I acknowledge the receipt of the electronic version of the Commission Decision
C(2023)4509 as adopted by the European Commission on 28.6.2023.
I would like to note that I have had to wait since 21 February 2023 to receive a reply, which equals 85 working days.
I therefore find it quixotic that the Commission has followed up on its reply with an urgent request to confirm receipt of the reply within two working days, and *another* such request two working days later.
The Commission is expecting a response time of citizens which it fails to adhere to itself.
Sincerely
Peter Teffer
Peter left an annotation ()
Submitted complaint to the European Ombudsman on 30 January 2023.