Dear Budget,

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:

1. When will be the next payments due paid to Poland?

2. What will be the amount of payments due paid to Poland?

3. Will the penalty payments imposed by the order of the CJEU in case C‑121/21 R be deducted from the next payments due to Poland?

4. If the answer to question 3 is affirmative, what will be the legal basis for the set-off?

5. If the answer to question 3 is affirmative, what will be the amount of interest deducted from the payments due to Poland?

6. If the answer to question 3 is affirmative, from which policies and from which EU funds will the penalty payments be deducted?

Yours faithfully,
Hubert Smoliński

BUDG-acces-documents@ec.europa.eu, Budget

1 Attachment

Dear Sir,

 

Thank you for your two e-mails of 29 November 2021. Unfortunately, due to
a technical error your request was processed and registered only today. We
hereby acknowledge receipt of your applications for access to documents,
which was registered on 10 December 2021 under the reference
Ares(2021)7650728.

 

As your two emails are identic, this reply covers also your application
sent from the email address: [1][email address] .

 

In your application, you ask the European Commission to provide you with
the following information:

 

 1. When will be the next payments due paid to Poland?
 2. What will be the amount of payments due paid to Poland?
 3. Will the penalty payments imposed by the order of the CJEU in case C
121/21 R be deducted from the next payments due to Poland?
 4. If the answer to question 3 is affirmative, what will be the legal
basis for the set-off?
 5. If the answer to question 3 is affirmative, what will be the amount of
interest deducted from the payments due to Poland?
 6. If the answer to question 3 is affirmative, from which policies and
from which EU funds will the penalty payments be deducted?

 

These questions do not constitute a request  for access  to documents, 
but a  request  for information.  However, such  request  for 
information  does  not  fall  under  the scope  of Regulation  
1049/2001,   but  is  dealt  with  under   the  Code  of  Good  
Administrative Behaviour.

 

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
[2]Privacy statement – access to documents.

 

 

Yours faithfully,

 

 

DG Budget Access to Documents team

[3]cid:image001.gif@01D3232E.EB1C8920
European Commission
Directorate-General for Budget

Unit 03 – Strategic Coordination and Communication

[4][DG BUDG request email]

B-1049 Brussels/Belgium

 

 

 

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Dear DG Budget Access to Documents team,

Thank you for your reply.

As far as I understood, my request has not been rejected, but will be dealt with under Article 22 of the Code of Good Administrative Behaviour? If this is correct, when can I expect answers to my questions at the latest?

Yours sincerely,
Hubert Smoliński