Regulation information & health effects of Tobacco-free nicotine-containing pouches
Dear Health and Food Safety,
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:
Any information/documents/discussions produced in the EU or any conversation held by EU officials, member states or stakeholders in the sector pertaining to
Tobacco-free nicotine-containing pouches'/tobacco-free snus (e.g. discussions on its regulation, policy, taxation or any market data on these products).
Yours faithfully,
Arre Daw
Dear Sir / Madam,
Thank you for your request for access to documents.
Unfortunately, you have not indicated your postal address. This is
necessary 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.
Alternatively, you may use directly the electronic form available on the
Europa website:
[1]http://ec.europa.eu/transparency/regdoc/....
Best regards,
SANTE ACCESS TO DOCUMENTS
[2]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety
References
Visible links
1. http://ec.europa.eu/transparency/regdoc/...
Dear [email address],
Thank you for your reply. Where would you want me to send you my postal address? I can email it to you.
Yours sincerely,
Arre Daw
Dear Sir/Madam
Further to your initial application for access to documents made on 23
January 2021, 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.
Since 1 April 2014, the submission of a postal address became a mandatory
feature for the purpose of making an application for access to documents.
We would like to explain why we need your postal address in order to
register and handle your application for access to documents:
· 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 Data Protection Regulation (EU)
2018/1725 [1][1]. 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 Regulation (EC) No 1049/2001 [2][2].
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 [3][3], 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.
We therefore kindly reiterate our request to you to provide a full valid
postal address, so we can duly register and handle your request. Please
note that, once we receive your postal address, we will register your
request for access as an initial application for access to documents in
the meaning of Article 6(1) of Regulation (EC) No 1049/2001. The deadline
for handling your initial request shall run as from the moment of
registration of your application following the submission of your postal
address.
Thank you in advance.
Kind regards,
SANTE ACCESS TO DOCUMENTS
[4]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety
------------------------
[5][1] Regulation (EU) 2018/1725 of the European Parliament and
of the Council of 23 October 2018 on the protection of natural persons
with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and
repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L
295, 21.11.2018, p. 39 (hereafter referred to as ‘Data Protection
Regulation’).
[6][2] Regulation (EC) No 1049/2001 of the European Parliament
and of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.
[7][3] Judgment of the General Court of 10 December 2010,
Ryanair Ltd v European Commission, T-494/08 to T-500/08 and T-509/08,
EU:T:2010:511, paragraph 34.
References
Visible links
1. file:///tmp/foiextract20210126-16077-zfq012#_ftn1
2. file:///tmp/foiextract20210126-16077-zfq012#_ftn2
3. file:///tmp/foiextract20210126-16077-zfq012#_ftn3
5. file:///tmp/foiextract20210126-16077-zfq012#_ftnref1
6. file:///tmp/foiextract20210126-16077-zfq012#_ftnref2
7. file:///tmp/foiextract20210126-16077-zfq012#_ftnref3
Dear Health and Food Safety,
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 'Regulation information & health effects of Tobacco-free nicotine-containing pouches'.
Where am I suppose to give my postal address? Open in the thread so everyone in the world can see my postal address?
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/regu...
Yours faithfully,
Arre Daw
Dear Sir/Madam
Thank you for your email of 1 February 2021.
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
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
[1]Privacy statement – access to documents.
Moreover, as already stressed in our emails of 25 January 2021 and 26
January 2021 we kindly reiterate our request to you to provide a full
valid postal address, so we can duly register and handle your request.
Please note that, once we receive your postal address, we will register
your request for access as an initial application for access to documents
in the meaning of Article 6(1) of Regulation (EC) No 1049/2001. The
deadline for handling your initial request shall run as from the moment of
registration of your application following the submission of your postal
address.
Yours faithfully,
SANTE ACCESS TO DOCUMENTS
[2]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Sir/ Madam
With reference to your email of 23 January 2021 the attached request for
postal address [1]Ares(2021)857119 was sent on 1 February 2021 to the
following email address ask [2][email address]
Previously on 25 and 26 January 2021 was already sent to the same email
address requests to provide to us a full valid postal address.
We would like to remind you that in case you don’t reply to our request
for postal address your access to documents request cannot be processed
and it will be closed.
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
[3]Privacy statement – access to documents.
Yours faithfully,
SANTE ACCESS TO DOCUMENTS
[4]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety
References
Visible links
1. http://www.cc.cec/Ares/documentInfoDetai...
2. mailto:[email address]
3. https://ec.europa.eu/info/principles-and...
Dear Sir/ Madam
With reference to your email of 23 January 2021 on 25 and 26 January 2021,
on 1 February 2021 and on 15 February was sent to the following email
address:
[FOI #8965 email] a postal address request.
In attachment you will find the reminder of 15 February 2021.
This is the last reminder to provide us a full postal address. In case you
don’t reply to our request for postal address by Tuesday 30 March your
access to documents request will be closed.
Yours faithfully,
SANTE ACCESS TO DOCUMENTS
[1]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety
References
Visible links