TCAM documents

Simon Pike made this access to documents request to Internal Market, Industry, Entrepreneurship and SMEs

Waiting for an internal review by Internal Market, Industry, Entrepreneurship and SMEs of their handling of this request.

From: Simon Pike

Delivered

Dear Enterprise and Industry (ENTR) (Unit F5),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting the following documents:

Documents of the TCAM committee for meetings held since 1 January 2012, as posted on CIRCABC (but presently with restricted access to Member States).

Yours faithfully,

Simon Pike

Link to this

Internal Market, Industry, Entrepreneurship and SMEs

Dear Mr Pike,

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:
http://ec.europa.eu/transparency/regdoc/...

Best regards,

Stephanie REGNA-GLADIN
European Commission
DG Enterprise and Industry
BREY 13/074
[email address]

show quoted sections

Link to this

Internal Market, Industry, Entrepreneurship and SMEs

Dear Mr Pike,

Thank you for your e-mail dated 13/05/2014 and your postal address provided on 14/05/2014. We hereby acknowledge receipt of your application for access to documents, which was registered on 15/05/2014 under reference number GestDem 2014/2413.

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 10/06/2014. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Stephanie REGNA-GLADIN
European Commission
DG Enterprise and Industry
BREY 13/074
[email address]

show quoted sections

Link to this

From: Simon Pike

Delivered

Dear Enterprise and Industry (ENTR),

Many thanks for registering my request for documents of TCAM. If you have difficulty in handling the full enquiry within 15 working days, the most recent documents are of greatest interest.

Yours faithfully,

Simon Pike

Link to this

Internal Market, Industry, Entrepreneurship and SMEs


Attachment image001.gif
3K Download


Dear Mr Pike,

We refer to your e-mail dated 13/05/2014 in which you make a request for
access to documents, registered on 15/05/2014 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 expires today, 10/06/2014.

An extended time limit is needed as your application concerns documents
held by different Services which must be consulted.

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 01/07/2014.

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

Yours faithfully,

Stephanie REGNA-GLADIN
[1]cid:image001.gif@01CDA6CD.F9067970
European Commission

DG Enterprise and Industry
BREY 13/074
[2][email address]

 

References

Visible links
2. mailto:[email address]

Link to this

From: Simon Pike

Delivered

Dear Enterprise and Industry (ENTR),

Thank you for your email dated 1st July , which you sent to my personal email address as the Ask The EU internet server was out of service at the time. I have copied the email below so that the full chain of correspondence is in the public domain.

In this email, you said that you would "do your best" to supply the documents "by next week". However, "next week" has now passed, and I have not received the documents (or any further correspondence).

Article 7.1 of REGULATION (EC) No 1049/2001 states that: "Within 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period. Article 7.3 provides that "In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.

In your email dated June 10, you stated that "An extended time limit is needed as your application concerns documents held by different Services which must be consulted."

It is unclear whether this statement is intended to be the "detailed reasons" stipulated in Article 7.3. However, I believe that this is not a valid reason, because all of the documents that I have requested are documents for consideration by a committee under the responsibility of DG Enterprise & Industry, and therefore all held by one Service.

Therefore, in accordance with REGULATION (EC) No 1049/2001, DG Enterprise and Industry was required to supply the documents by now - indeed, it was legally required to do so by 1st July.

I therefore request an internal review of this request for documents.

Yours faithfully,

Simon Pike

EMAIL DATED 1ST JULY:

Dear Mr Pike,

I would like to inform you that your application for access to documents is currently being handled. The final reply is now with our hierarchy and should be signed soon, however we will not be in a position to send you our reply today. We will do our best to send it to you by next week.

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

Yours faithfully,

Stephanie REGNA-GLADIN

Access to Documents team

Link to this

Internal Market, Industry, Entrepreneurship and SMEs

Dear Mr Pike,

We regret this delay, we had hoped to be in a position to send your reply and the related documents within the deadlines. Your request was very broad, for this reason we had to find and review a very large amount of documents, which took a lot of time.

Please believe in our efforts to send the final reply to your application as quickly as possible.

Yours faithfully,

Access to Documents Coordinator
European Commission
DG Enterprise and Industry
Unit R4 – Information activities

show quoted sections

Link to this

From: Simon Pike

Delivered

Dear Enterprise and Industry (ENTR),

Thank you for your email of July 16. I am surprised by your suggestion that the delay was partly due to the need to find the documents, because my original requested specified the exact location of the documents that I was requesting.

I appreciate that my request covers a significant number of documents, but:
- they are similar in nature, which should make them easier to review.
- they have already been circulated to all Member States without (as far as I am aware) any restriction on their distribution within the Member States, which presumably means that they cannot contain anything particularly confidential.

I would remind you that, under EU law, you have an absolute duty to complete my request within 30 working days.

DG Enterprise and Industry may therefore wish to consider making TCAM documents publicly available on the CIRCABC website following the meetings - as is already done by DG Connect for its very similar committee RSCOM.

Yours faithfully,

Simon Pike

Link to this

Internal Market, Industry, Entrepreneurship and SMEs


Attachment image001.gif
3K Download


Dear Mr Pike,

 

I would like to inform you that the reply to your request for access to
documents and the documents to be disclosed have been sent to you this
morning by postal mail as the documents were too big to be sent by email.

 

We apologize once again for the delay in the handling of your request and
for any inconvenience this may cause.

 

Kindest regards,

 

Access to Documents coordinator
[1]cid:image001.gif@01CDA6CD.F9067970
European Commission

DG Enterprise and Industry
Unit R4 – Information activities
BREY 13/074

 

References

Visible links

Link to this

From: Simon Pike


Attachment TCAM document links.docx
10K Download View as HTML

Attachment TCAM response letter.pdf
683K Download View as HTML

Attachment TCAM table of documents.pdf
1.8M Download View as HTML


STATUS UPDATE ON REQUEST FOR TCAM DOCUMENTS
From Simon Pike
 
Many of the documents that are the subject of this request have been made
publicly available on the Commission CIRCABC website to all ECAS users at
[1]https://circabc.europa.eu/w/browse/81d3e...
 
I originally received these documents on paper by post, and before finding
out that they had also been uploaded to CIRCABC, I scanned most of them
and have uploaded these to Dropbox. You can find these at the links in the
attached document.
 
The other two attachments to this email are the covering letter to the
documents that I received by post, and a table describing the status for
each of the documents. You will see that many of them have been part
disclosed or disclosure has been refused. Some of the part-disclosure
documents have not been uploaded to the CIRCABC website, but you can find
the scanned copies on Dropbox.
 
I will be making a “confirmatory application” for some of the documents
that were not disclosed or partly disclosed, so it worth keeping an eye on
this website for updates on the availability of more documents.
 
Simon Pike, 13 August 2014

References

Visible links
1. https://circabc.europa.eu/w/browse/81d3e...

Link to this

From: Simon Pike

The attached document is the Confirmatory Application for my two requests
for TCAM documents.
 
I received an automated acknowledgement for my email on 25th August, but
the application was not registered until 3rd September.
 
Simon Pike

Link to this

From: Simon Pike


Attachment Confirmatory app.docx
23K Download View as HTML


The attached document is the Confirmatory Application for my two requests
for TCAM documents.
 
I received an automated acknowledgement for my email on 25th August, but
the application was not registered until 3rd September.
 
Simon Pike

Link to this

Things to do with this request

Anyone:
Internal Market, Industry, Entrepreneurship and SMEs only: