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) Given that Scotland enjoy the services of an independent EPA namely SEPA, that England and Wales enjoy the services equally from the Environment Agency and Ireland enjoys the benefits of services from two EPAs (one specifically for Radiation), can you confirm who you believe is undertaking this vital independent role in Northern Ireland?
2) Given that Scotland enjoys the benefits of Marine Scotland in protecting its seas and that England and Wales is afforded the same provision by the Marine Management Organisation, can you confirm who you believe is responsible for the protection of the seas pertaining to Northern Ireland out to 12 nautical miles?
3) How does your Department ensure that your aim of protecting the European environment now and into the future is inclusive when Northern Ireland is already vulnerable and being discriminated against in the UK by a lesser and/or non-existent effective legal and regional protection system?
4) In the absence of these two critical services in Northern Ireland, what mechanism exists to ensure that this rectified and that the people and the environment of Northern Ireland are treated as equal to the rest of the UK and indeed the majority of countries across the EU (the only exception being Greece)?
I look forward to your response in due course.
Dear Mrs Gibson,
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
ACCESS TO DOCUMENTS TEAM
Directorate E-Implementation & Support to Member States
Unit E4 - Compliance & Better Regulation
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Could you please provide a means of asking this question on line in public without compromising my capacity to keep my personal information private.
The form you provide only provides means to ask for specific documents. My request is for information, not specific documents.
Can you please advise how my personal information is protected if i share it on this site in a response to your request for my full address?
Dear Mrs Gibson,
Indeed, on 1 April 2014, the submission of a 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 (EU) 2018/1725.
All of these considerations show that the request for and the consequent processing of a real and personal postal address is not only appropriate but also strictly necessary for the performance of a task carried out in the public interest within Data Protection Regulation (EU) 2018/1725 namely providing a smooth and effective access to documents.
DG ENV ACCESS TO DOCUMENTS TEAM may understand that you do not intend that a personal data related to you (postal address) is made available to general public through the site AsktheEU. Therefore, you can provide your address directly to us by mail ([DG ENV request email]). Your reply will be known only by our service and will appear in the Commission database GESTDEM where all applications (and replies) are stocked. GESTDEM database can be consulted only by the staff of the Commission having a valid reason for access to the database. You can also decide to submit your request through a specific application available in http://ec.europa.eu/transparency/regdoc/...
We agree on the fact that you are not looking for a document or an environmental information but you asked for the opinion of DG ENV on your questions.
Please inform us how you intend to proceed. Without a valid postal address your application will not be handled.
DG ENV ACCESS TO DOCUMENTS TEAM
As per advice, I have sent you my address details on your DG Environment contact form and to your email address [email address].
Please confirm that you may proceed to respond to this email as a matter of course and in adherence to relevant legislation.
Thanking you in advance.