Penalties notification non-road mobile machinery regulation

The request was partially successful.

Dear Madam, Sir,

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:

- A list of which member states have notified by 31 October 2018 – or most recently available – the European Commission on the implementation of the provisions on penalties, as required by article 57 of Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery

- The content of all member states' notifications of the provisions on penalties, as required by article 57 of Regulation (EU) 2016/1628

- The content of any communication between the European Commission and member states about the provisions on penalties from article 57 of Regulation (EU) 2016/1628
I'm looking forward to receiving your reply.

All the best,
Peter Teffer

postal address:
Rue Montoyer 18B
1000 Brussels

PS: When sending physical mail, please include the word 'EUobserver' on the envelope

Internal Market, Industry, Entrepreneurship and SMEs

1 Attachment

Dear Mr Teffer,


Thank you for your e-mail dated 31/10/2018. We hereby acknowledge receipt
of your application for access to documents, which was registered on
26/11/2018 under reference number GestDem 2018/6243.


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
17/12/2018. In case this time limit needs to be extended, you will be
informed in due course.


You have lodged your application via the website. Please note
that this is 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 website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.


We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal


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 website.


If you do not wish your correspondence with the European Commission to be
published on the website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.



Yours sincerely,



DG GROW – Access to documents team


European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
DG GROW/03 – Strategic Planning and Delivery Unit


Dear Madam, Sir,

I refer to my access to documents request reference number GestDem 2018/6243, registered on 26 November 2018.

How is it possible that an e-mail I sent on 31/10/2018 was left unattended for MORE THAN THREE WEEKS? A day or two days delay between the request and the registration of the request, that is understandable, since 1 and 2 November were bank holidays in Brussels. But DG Grow has taken a period of more than 15 working days to register my request.

This is unacceptable and I would urge you to start counting the period for replying on the 31st of October, or at the very latest on 5 November 2018. By that count, the Commission's legal limit for replying has passed yesterday, and I therefore expect a swift reply.

Peter Teffer

Internal Market, Industry, Entrepreneurship and SMEs

1 Attachment

Dear Sir,

We refer to your e-mail dated 31/10/2018 in which you make a request for
access to documents, registered on 26/11/2018 under the above mentioned
reference number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expired yesterday,  17/12/2018. 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 expires on 17/01/2019.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,



DG GROW – Access to documents team



European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
DG  GROW/03 – The Strategic planning and delivery Unit




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Internal Market, Industry, Entrepreneurship and SMEs

4 Attachments

Dear Mr Teffer,


please find enclosed a reply letter concerning your access to documents
request GestDem 2018/ 6243, a document register, and the requested


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.


In order to obtain legal certainty as regards the date of receipt of the
reply by the applicant under Regulation 1049/2001,  the following
categories of replies are normally sent via registered mail:


- Negative reply

- Partially negative reply

- Devoid of purpose reply (=no documents found)

- Reply containing documents from which personal data has been redacted


The letter would normally be sent to you via registered mail. However, in
connection with a previous access to documents request you requested to
receive only a digital copy of such replies.


Thus we consider that the period of fifteen working days for making a
confirmatory request starts to run from tomorrow (the day after the reply
e-mail is sent). Please don't hesitate to let us know if this information
is no longer valid and you would like to receive the letter via registered


Best regards,


European Commission
DG Internal Market, Industry, Entrepreneurship and SMEs
Automotive and Mobility Industries Unit



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