Request on all information regarding the handling of the request 2016/592

Diego Naranjo made this access to documents request to Communications Networks, Content and Technology

Response to this request is long overdue. By law, under all circumstances, Communications Networks, Content and Technology should have responded by now (details). You can complain by requesting an internal review.

From: Diego Naranjo

Delivered

Dear Communications Networks, Content and Technology,

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 the documentation related to the handling of the request 2016/592.

Yours faithfully,

Diego Naranjo

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Communications Networks, Content and Technology


Attachment ATT27123 1.jpg
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Dear Mr Naranjo,
 
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/...
 
Best regards,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 

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From: Diego Naranjo

Delivered

Dear Communications Networks, Content and Technology,

Please note that our postal address is, as usual, Rue Belliard 20, 1040, Brussels, Belgium

Yours faithfully,

Diego Naranjo

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Communications Networks, Content and Technology


Attachment ATT76761 1.jpg
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Attachment access to documents request Request on all information regarding the handling of the request 2016 592.txt
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Dear Mr Naranjo,
 
Thank you for your e-mail  dated  02/02/2017.  We hereby acknowledge
receipt of your application for access to documents, which was registered
on 06/02/2017 under GESTDEM 2017/641 reference.
 
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
27/02/2017. In case this time limit needs to be extended, you will be
informed in due course.
 
You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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.

 
Yours faithfully,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 – Transparency
 

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From: Diego Naranjo

Delivered

Dear Communications Networks, Content and Technology,

Article 7(1) of Regulation 1049/2001 reads:

"1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant [..]. "

As you correctly acknowledge in your emails, my request was sent on February 2. Please rectify your records to reflect the proper time limit of February 23, 2017

Yours faithfully,

Diego Naranjo

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Communications Networks, Content and Technology

Dear Mr Naranjo,

Thank you for your email.

Please note that according to the European Commission's procedures your request for access to documents can only be registered if you provide a valid postal address. Following the receipt of your postal address, the Commission Services registered your request and sent you an acknowledgement of receipt. The deadline to reply to an access-to-documents request is 15 working days starting from the registration date. Therefore the deadline to reply to your request GestDem 2017/641 is 27 February 2017.

Best regards,

Bernadett BERCZELI
Access to Documents

European Commission
Secretariat General
Unit SG.B4 – Transparency

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From: Diego Naranjo

Delivered

Dear Communications Networks, Content and Technology,

Regulation 1049/2001 does not require a postal address, your ad-hoc requirement - even if was valid - would not preclude you from registering this request on February 2. Since the postal address was provided on February 3, your refusal for a promptly registration on both February 2 or February 3 is violating both the spirit and the wording of said Regulation.

Yours faithfully,

Diego Naranjo

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Communications Networks, Content and Technology

Dear Mr Naranjo,

With respect to your questions regarding the provision of a postal address (copied below), please find our explanations below.

On 1 April 2014, the postal address became a mandatory feature for the purpose of introducing a request for access to documents.

The decision to ask for a postal address from applicants for access to documents was triggered by the following considerations:

• The need to obtain legal certainty as regards the date of receipt of the reply by the applicant under Regulation 1049/2001. Indeed, 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. This requires an indication of a valid postal address by the applicant;

• The need to direct the Commission's scarce resources first of all to those requests which have been filed by "real" applicants. With only a compulsory indication of an e-mail address, applicants can easily introduce requests under an invented identity or under the identity of a third person. Asking for a postal address helps the Commission to protect the administration, as well as other citizens and legal persons, from abuse;

• For similar reasons, asking for a compulsory indication of a postal address enables the Commission services to verify whether Article 6(3) of the Regulation, on voluminous requests, is being evaded by introducing several requests under different identities. Indeed, in its Ryanair judgment, the General Court confirmed that Article 6(3) cannot be evaded by splitting the application into a number of applications. The Commission would like to point out that, in 2012/2013, it received some 57 confirmatory requests from what it suspects to be one single applicant operating under 13 different identities;

• Knowing whether the applicant is an EU resident in the sense of Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of correctly applying the exception in Article 4(1)(b) of Regulation 1049/2001 (protection of the privacy and integrity of the individual), which has to be interpreted in accordance with Data Protection Regulation 45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the level of protection afforded by the third country or international organisation when transmitting personal data to third-country residents or legal persons. It follows that, in case of requests for documents which include personal data, the correct application of the data protection rules cannot be ensured in the absence of a postal address enabling the Commission to ascertain that the minimum data protection standards will be respected.

All of these considerations show that the request for and the consequent processing of a 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 (a) of Data Protection Regulation 45/2001, namely providing a smooth and effective access to documents.

The Commission has been applying this approach since 1 April 2014, because of numerous problems encountered by the Commission in its previous practice (legal uncertainty, false identities used etc.). We also would like to point out that other institutions, such as the Court of Justice, already ask for the address in their respective electronic forms for access to documents requests.]

Please note that, once we receive your postal address, we register your request for access as an initial application for access to documents in the meaning of Article 6(1) of Regulation 1049/2001. The deadline for handling your initial request shall run as from the moment of registration of your request following the submission of your postal address.

Best regards,

Bernadett BERCZELI
Access to Documents

European Commission
Secretariat General
Unit SG.B4 – Transparency

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Communications Networks, Content and Technology


Attachment ATT97638 1.jpg
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Attachment ATT80417 2.jpg
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Reference: Your request for access to documents of 2 February 2017 –
Request details: 2017/0641, sent by Mr Diego Naranjo of European Digital
Rights (20 Rue Belliard – 1040 Brussels, Belgium)
 
 
Dear Mr Naranjo,
 
 
On 2 February 2017, you sent, via ASK THE EU, an application for access to
documents addressed to Directorate-General of Communication Networks,
Content and Technology (CNECT) of the European Commission. Your
application reads "All documentation related to the handling of request
2016/592".
 
 
Please note that the application for access to documents with reference
2016/592 refers to a document in the area of implementation of sanctions
and restrictive measures of the European Union and was sent to the Service
of Foreign Policy Instruments of the European Commission on 9 February
2016 by a citizen of Czech nationality from the Academic Sector in Prague.
 
 
Account taken of the document requested under application with reference
2016/592, the said application fell under the remit of the Service of
Foreign Policy Instruments (FPI) of the European Commission and not under
the remit of Directorate-General of Communication Networks, Content and
Technology of the European Commission.
 
 
Could you please confirm whether that your request does indeed refer to
application with reference 2016/592?
 
 
If this was not the request which you are requesting, could we kindly ask
you to inform us of the specific reference number of the access to
documents request which you are requesting to the European Commission (Cf.
reference number 201Y/XXXX)?
 
 
A prompt reply on your side would very much facilitate the swift handling
of your request as well as the quick identification of the relevant
service of the European Commission in charge of your request.
 
 
We thank you very much in advance for your understanding and for your
collaboration.
 
 
European Commission
Service for Foreign Policy Instruments (FPI)
Access to Documents
 
 
_____________________________________________
From: SG DOSSIERS ACCES
Sent: Monday, February 06, 2017 11:57 AM
To: FPI ACCESS TO DOCUMENTS
Cc: CNECT CAD
Subject: FW: access to documents request - Request on all information
regarding the handling of the request 2016/592 - Réattribution FPI
 
Chers collègues,
Merci de bien vouloir prendre en charge la demande d’accès aux documents
de Mr Naranjo
Le délai est 27/02/2017
Bien cordialement
European Commission
Secretariat General
Unit B4 - Transparency
 
_____________________________________________
From: SG ACCES DOCUMENTS
Sent: Monday, February 06, 2017 10:18 AM
To: '[FOI #3953 email]'
Subject: FW: access to documents request - Request on all information
regarding the handling of the request 2016/592
 
Dear Mr Naranjo,
 
Thank you for your e-mail  dated  02/02/2017.  We hereby acknowledge
receipt of your application for access to documents, which was registered
on 06/02/2017 under GESTDEM 2017/641 reference.
 
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
27/02/2017. In case this time limit needs to be extended, you will be
informed in due course.
 
You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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.

 
Yours faithfully,
 
ACCESS TO DOCUMENTS TEAM
<< OLE Object: Picture (Device Independent Bitmap) >>
European Commission
Secretariat General
Unit B4 – Transparency
 

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From: Diego Naranjo

Delivered

Dear Communications Networks, Content and Technology,

Thank you for the request of clarification. The correct number of the document is 2016/5921.

Yours faithfully,

Diego Naranjo

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Communications Networks, Content and Technology


Attachment GestDem 641 holding reply Final.doc
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Veuillez trouver ci-joint le document Ares(2017)1042350 concernant
"Holding reply_Gestdem 2017/641 - Request on all information regarding the
handling of the request 2016/592 - Probably 2016/5921" envoyé par Mme
MARTIN-PRAT Maria le 27/02/2017.

 

Please find attached document Ares(2017)1042350 regarding "Holding
reply_Gestdem 2017/641 - Request on all information regarding the handling
of the request 2016/592 - Probably 2016/5921" sent by Ms MARTIN-PRAT Maria
on 27/02/2017.

 

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Note: This e-mail was automatically generated by the European Commission's
central mail registration system.

Replies by e-mail must be addressed to the original sender MARTIN-PRAT
Maria ([1]mailto:[email address]).

Remarque : Cet e-mail a été généré automatiquement par le système
d'enregistrement central du courrier de la Commission européenne.

Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en
personne, à savoir MARTIN-PRAT Maria
([2]mailto:[email address]).

 

 

 

 

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

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Communications Networks, Content and Technology


Attachment Hand signed copy.pdf
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Veuillez trouver ci-joint le document Ares(2017)1259654 concernant "R/Gestdem 2017/641 - Request on all information regarding the handling of the request 2016/592 - Probably 2016/5921" envoyé par M VIOLA Roberto le 10/03/2017.

Please find attached document Ares(2017)1259654 regarding "R/Gestdem 2017/641 - Request on all information regarding the handling of the request 2016/592 - Probably 2016/5921" sent by Mr VIOLA Roberto on 10/03/2017.

-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender VIOLA Roberto (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir VIOLA Roberto (mailto:[email address]).

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