Wifi4eu

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

Waiting for an internal review by Communications Networks, Content and Technology of their handling of this request.

From: Peter

Delivered

Dear Madam, Sir

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 documents - including but not limited to emails, papers, reports and minutes - created by and/or sent to the Commission related to the technical issue which affected the first call for applications of the WiFi4EU portal.

All the best,
Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

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Communications Networks, Content and Technology


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Dear Peter Teffer,
Thank you for your e-mail dated 15/06/2018.  We hereby acknowledge receipt
of your application for access to documents, which was registered on
15/06/2018 under reference number GestDem 2018/3267.
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
06/07/2018. 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.
 
Please note also that the European Commission is not responsible for any
possible processing of personal data by the private organisation running
the AsktheEU.org website, through which you have channelled your request.
Please refer to their privacy policy.
 
Kind Regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[1][email address]
 
 
 
 
 

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[5]Ares(2018)3599830 - Holding Reply - Your application for access to
documents - Ref GestDem No. 2018/3267

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mr.Teffer,

We refer to your application for access to documents dated 15/06/2018 and
registered on the same day 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, because it concerns a large
number of documents.

Therefore, we have to extend the time limit by 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 Friday,
27/07/2018.

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

Yours faithfully,

 

 

Access to Documents Team

 

[6]cid:image001.png@01D3C045.AF82FCF0
European Commission
DG Connect – ACCESS TO DOCUMENTS
BU25 – Avenue de Beaulieu 25
B-1160 Brussels/Belgium

References

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3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

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From: EC ARES NOREPLY


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[5]Ares(2018)3842408 - Your application for access to documents – Ref
GestDem 2018/3267 – Proposal for a fair solution

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mr. Teffer,

 

We refer to your email dated 15/06/2018 and registered on the same date
under the above-mentioned reference number, in which you request access to
" All documents - including but not limited to emails, papers, reports and
minutes - created by and/or sent to the Commission related to the
technical issue which affected the first call for applications of the
WiFi4EU portal."

The scope of your request is particularly wide, since we have identified
more than 1400 documents. All these documents must in principle be
assessed individually, according to Regulation (EC) 1049/2001 of the
European Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents (hereafter
‘Regulation 1049/2001’). Furthermore, a majority of these documents
originate from third parties, which have to be consulted on the
possibility to disclose the documents, pursuant to Article 4(4) of
Regulation 1049/2001.

 

Given the current workload of the DG CONNECT unit responsible for handling
your request and the human resources available, it cannot be reasonably
expected from a duly diligent public administration that we assess
individually each of the documents identified within the statutory
time-limits prescribed under the above-mentioned Regulation 1049/2001.

 

Article 6(3) of the Regulation provides for a possibility to confer with
applicants in order to find a fair solution when an application relates to
a very large number of documents.

 

In accordance with the case law of the European Union Courts, the proposal
for a fair solution aims to balance the interest of the applicant against
the workload resulting from the processing of the application in order to
safeguard the interests of good administration[6][1]. Such a solution can
only concern the content or the number of documents requested, not the
deadline for replying[7][2]. This means that the scope of the request must
be reduced in a way that would enable its treatment within the extended
deadline of 15 + 15 working days.

 

Based on the above-mentioned provision and the applicable case law, we
would kindly ask you to explain your specific interest in the documents
requested, so that we have a clear understanding of the documents to
assess.

 

In order to help you to narrow down your request, please note that the
following categories of documents have been identified as falling under
the scope of your request:

Category 1: Documents on the identification of the technical incident
(approximately 10 documents)

Category 2: Documents related to the cancellation of the call
(approximately 90 documents)

Category 3: Correspondence between applicants and the helpdesk
(approximately 1400 documents)

 

We consider your request to cover documents held up to the date of your
initial application (15/06/2018). Given the remaining time to handle your
request, we will not be able to identify further documents.

 

In the light of the above, we suggest as a fair solution to limit our
further assessment within the remaining time to the documents on the
technical incident (category 1) and to two documents on the cancellation
of the call (part of category 2).

The majority of the documents in category 2 are email notifications of the
cancellation to the applicants. All personal data would have to be
redacted in these emails, representing a disproportionate administrative
workload. In such a situation, the applicable case law allows the
institution to refuse partial access to the documents[8][3]. We therefore
propose to send you a copy of the standard email, instead of a copy of all
emails actually sent to the applicants, and a copy of the Decision of the
Director of the Innovation and Networks Executive Agency (INEA) of 13 June
2018 to cancel the call.

Furthermore, the numerous documents originating from third parties in
category 3 (emails to the helpdesk) should not be included in the scope of
the request since the assessment of these documents and the consultation
of all third parties cannot be reasonably expected within the remaining
time.

 

In order to enable us to respect the time-limits of Regulation 1049/2001,
we would kindly ask you for a swift reply to our proposal, within three
working days at the latest:

o by email to: [9][email address]

In the absence of a reply within three working days, we will have to
unilaterally restrict the scope of your application to those parts that
can be dealt with within the extended deadline of 30 working days[10][4],
counting from the registration of your application (15/06/2018).

Thank you in advance for your understanding.

Yours faithfully,

 

Access to Documents Team

[11]cid:image001.png@01D3C045.AF82FCF0 

European Commission

DG Connect – ACCESS TO DOCUMENTS

BU25 – Avenue de Beaulieu 25
B-1160 Brussels/Belgium

 

[1] Judgments of 6 December 2001, Council v Hautala, Case C‑353/99 P,
EU:C:2001:661, para. 30, and of 2 October 2014, Strack v Commission, Case
C‑127/13 P, EU:C:2014:2250, para.27

2 Judgment of the Court of Justice of 2 October 2014 in case C-127/13,
Guido Strack v Commission, paragraphs 26-28.

3 Judgment of the Court of first Instance of 7 February 2002 in case
T-211/00, Kuijer v Council, para. 57

4 Judgment of the Court of Justice of 2 October 2014 in case C-127/13,
Guido Strack v Commission, paragraph 28

 

 

------------------------

[12][1] Judgments of 6 December 2001, Council v Hautala, Case C‑353/99 P,
EU:C:2001:661, para. 30, and of 2 October 2014, Strack v Commission, Case
C‑127/13 P, EU:C:2014:2250, para.27

[13][2] Judgment of the Court of Justice of 2 October 2014 in case
C-127/13, Guido Strack v Commission, paragraphs 26-28.

[14][3] Judgment of the Court of first Instance of 7 February 2002 in
case T-211/00, Kuijer v Council, para. 57

[15][4] Judgment of the Court of Justice of 2 October 2014 in case
C-127/13, Guido Strack v Commission, paragraph 28

References

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12. file:///tmp/foiextract20180719-2519-a4m9sj#_ftnref1
13. file:///tmp/foiextract20180719-2519-a4m9sj#_ftnref2
14. file:///tmp/foiextract20180719-2519-a4m9sj#_ftnref3
15. file:///tmp/foiextract20180719-2519-a4m9sj#_ftnref4

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[5]Ares(2018)3994246 - Your application for access to documents - Ref
GestDem No. 2018/3267

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mr. Teffer,

 

We refer to your application dated 15/06/2018 in which you make a request
for access to documents, registered on the same day under the above
mentioned reference number.   

 

Unfortunately, we were not able to send the reply to your application
within the given time limit, which expires today. You will however receive
the answer to your application in the coming days.

 

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

 

Yours faithfully,

 

Access to Documents Team

 

[6]cid:image001.png@01D3AF19.959C0670

European Commission

DG Connect – ACCESS TO DOCUMENTS

BU25 – Avenue de Beaulieu 25

B-1160 Brussels/Belgium

 

 

References

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2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

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From: Peter

Failed

Dear Madam, Sir,

I refer to your email from 19 July regarding my application for access to documents registered on
15/06/2018 under reference number GestDem 2018/3267.

I was not able to reply to your proposal for a fair solution within three days, but your proposal for how to proceed seems reasonable. Indeed, it is not my desire to have 90 copies of emails under category 2 if they are all basically variations of the same standard letter, nor to receive the 1,400 emails between applicants and helpdesk.

I am looking forward to your reply dealing with mostly category 1 and 2 of the identified documents.

All the best,
Peter

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host mxb-00244802.gslb.pphosted.com [185.183.28.74]:
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Advance copy by e-mail and registered mail with acknowledgement of receipt

Dear Mr Teffer,

Please find attached document Ares(2018)4046685 regarding "Your application for access to documents - Ref GestDem No. 2018/3267" sent by Mr Roberto Viola, General Director of DG CONNECT on 31/07/2018.

Best regards,

European Commission
DG CONNECT — ACCESS TO DOCUMENTS
Avenue de Beaulieu, 25
B-1160 Brussels/Belgium

-------------------------------------------------------------------------------------------------------------
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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From: Peter

Delivered

Dear Madam, Sir,

I refer to my access to documents request, registered on 15/06/2018 under reference number GestDem 2018/3267, and your reply dated 31 July 2018, registration number Ares(2018)4046685.

First I want to thank you for proactively trying to find a fair solution. I was not in a position to reply within three working days, but the general aim of your chosen way forward was reasonable.

However, I am missing in particular one document, which is a confirmation or at least a reply from the Legal Service, as requested by DG CNECT in document 1. Could you send that document?

Many thanks,
Peter Teffer

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From: Peter

Delivered

Dear Madam, Sir,

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, registered on 15/06/2018 under reference number GestDem 2018/3267, and to which DG CONNECT replied on 31 July 2018, registration number Ares(2018)4046685.

I have two issues for review.

The first relates to an apparently absent document. The author of the note classified as document 1 specifically asked, on page 5, the director general of the legal service for “confirmation (…) that it does not object to” two specific points.

Considering that since that letter a decision on the WiFi4EU portal has been taken, logic dictates that the legal service replied in some form. I believe that this reply should be part of the documents released.

The second issue I have is with some of the redactions. According to the accompanying letter, some parts of documents 1, 3, and 9 have been expunged because they “fall out of the scope of [my] application”. However, I would like to challenge that they do.

Of course, I cannot know for certain if those parts are out of scope exactly because they have been blanked out. But looking at the surrounding paragraphs it would be highly illogical, stylistically, if they were out of scope.

Take for example page 1 of document 1, which reads: “...the Commission was alerted by an external source to two vulnerabilities affecting the WiFi4EU online Portal: [redacted]”. The use of the colon suggests that what follows is an expansion, further explanation and/or list of the same topic – which means that it should be inside the scope of my request. That redacted piece is also followed immediately by the sentence: “The WiFi4EU Portal was therefore closed down...” The word 'therefore' suggests that the sentence gives an explanation of what preceded – hence that sentence cannot be out of scope.

Something similar happens here: “At the same time, given the mass of applications [redacted], no applicant can have high expectations of success.” It would be highly illogical if the author inserted a intermediary sentence that had no relation to the rest of the paragraph.

The same argument applies to document 3, where the paragraph following “On Tuesday 15 May the Commission was alerted of two vulnerabilities affecting the WiFi4EU grant application service:” is fully redacted, the colon notwithstanding.

Ditto for document 9, where a redaction begins mid-sentence, supposedly being out of scope.

I look forward to your reply to my confirmatory application.

All the best,
Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/wifi...

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Communications Networks, Content and Technology


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Dear Peter Teffer,
Thank you for your email dated 7 August 2018, by which you request,
pursuant to Regulation No 1049/2001 regarding public access to European
Parliament, Council and Commission documents, a review of the position
taken by DG CNECT in reply to your initial application GESTDEM 2018/3267.
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 07/08/2018 (Ares(201)4151471).
Your application will be handled within 15 working days (29/08/2018).   In
case this time limit needs to be extended, you will be informed in due
course.
Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery.  We kindly offer you the possibility to provide us a contact
phone number (by email to [email address]), so that the external
delivery service can contact you in case of absence.
Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service.
Best regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[1][email address]
 
 
 
 

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Link to this

From: EC ARES NOREPLY

[1]Ares(2018)4159692 - RE: access to documents request - Wifi4eu --- Ref.
Gestdem 2018/4286

Sent by ve_sg.accessdoc (SG) <[DG CNECT request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[DG CNECT request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

Thank you for your e-mail dated 01/08/2018.  We hereby acknowledge receipt
of your application for access to documents, which was registered on
07/08/2018 under reference number GestDem 2018/4286 and attributed to the
Legal Service.

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
29/08/2018.

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.

Please note also that the European Commission is not responsible for any
possible processing of personal data by the private organisation running
the AsktheEU.org website, through which you have channelled your request.
Please refer to their privacy policy.

Best Regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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[5]Ares(2018)4419972 - 1st holding letter - TEFFER - Gestdem 2018/3267

Sent by ve_sg.accessdoc (SG) <[DG CNECT request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[DG CNECT request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Subject: Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 – GESTDEM 2018/3267

 

Dear Mr Teffer,

 

I refer to your to your e-mail of 7 August 2018, by which you submit a
confirmatory application in accordance with Article 7(2) of Regulation
(EC) No 1049/2001 regarding public access to European Parliament, Council
and Commission documents (‘Regulation 1049/2001’).

 

Your confirmatory application is currently being handled. Unfortunately,
due to ongoing consultations, we are not in a position to reply to your
confirmatory request within the prescribed time limit that expires on 29
August 2018.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation 1049/2001. The new deadline
expires on 19 September 2018.

 

Yours sincerely,

 

 

Martine Fouwels

Deputy Head of Unit

[6]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

 

 

 

 

References

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2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

Link to this

From: EC ARES NOREPLY

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)4428912 - Your request for access to documents - Gestdem
2018/4286

Sent by ve_sj.acces docs (SJ) <[email address]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Teffer,

 

We refer to your above-referenced request for access to documents under
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.05.2001, page
43).

 

The deadline for your request expires tomorrow (29.8.2018). However, we
are not yet in position to send you the reply of the Legal Service. In
view of the summer holidays and the limited human resources at this time
of the year, in combination with the number of the pending requests for
access to documents the Legal Service is dealing with, we will need to
extend the time limit by 15 working days in accordance with Article 7(3)
of Regulation (EC) No 1049/2001. The new time limit expires on 19.9.2018.

 

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

 

Yours sincerely,

 

Access to documents team

 

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[6][email address]

[7]http://ec.europa.eu/dgs/legal_service/

 

 

 

 

 

References

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3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
6. mailto:[email address]
7. http://ec.europa.eu/dgs/legal_service/

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From: EC ARES NOREPLY


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[5]Ares(2018)4782349 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2018/3267

Sent by ve_sg.accessdoc (SG) <[DG CNECT request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[DG CNECT request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Teffer,

I refer to your email of 7 August 2018, by which you submit a confirmatory
application in accordance with Article 7(2) of Regulation (EC)
No 1049/2001 regarding public access to European Parliament, Council and
Commission documents[6]^[1] (‘Regulation 1049/2001’).

I also refer to our holding reply of 28 August 2018, by which the time
limit for replying to your confirmatory application was extended by 15
working days, pursuant to Article 8(2) of the Regulation. This extended
time limit expires on 19 September 2018.

 

I regret to have to inform you that we will not be able to respond within
the extended time-limit, as we have not yet finalised ongoing
consultations. I can assure you that we are doing our utmost to provide
you with a final reply as soon as possible.

 

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

 

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

[7]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

SG.B.4 – Transparency

 

------------------------

[8][1]      Official Journal L 145 of 31.5.2001, p. 43.

References

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5. https://webgate.ec.testa.eu/Ares/ext/doc...
6. file:///tmp/foiextract20180918-25426-45u96z#_ftn1
8. file:///tmp/foiextract20180918-25426-45u96z#_ftnref1

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Communications Networks, Content and Technology


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Dear Mr Teffer,

 

We refer to your request for access to documents and to the request for an
extended deadline below. This deadline expired yesterday, 19 September.
Unfortunately, the Legal Service was not in a position of completing the
handling of your application.

 

Please note that the reply is on the point to be finished and submitted to
the approval of the competent persons. We expect to be able to send you
this reply very shortly.

 

We apologize for this additional delay and for any inconvenience this may
cause.

 

Yours sincerely,

 

___________________________

EUROPEAN COMMISSION

LEGAL SERVICE

Information and documentation team

Email: [1][email address]

P Before printing, think about the environment

 

 

From: EC ARES NOREPLY [mailto:[email address]]
Sent: Tuesday, August 28, 2018 6:52 PM
To: [FOI #5677 email]
Cc: SJ ACCES DOCS
Subject: Ares(2018)4428912 - Your request for access to documents -
Gestdem 2018/4286

 

[2]Ares(2018)4428912 - Your request for access to documents - Gestdem
2018/4286

 

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have to be sent to this email address.

Envoyé par ve_sj.acces docs (SJ) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

 

Dear Mr Teffer,

 

We refer to your above-referenced request for access to documents under
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.05.2001, page
43).

 

The deadline for your request expires tomorrow (29.8.2018). However, we
are not yet in position to send you the reply of the Legal Service. In
view of the summer holidays and the limited human resources at this time
of the year, in combination with the number of the pending requests for
access to documents the Legal Service is dealing with, we will need to
extend the time limit by 15 working days in accordance with Article 7(3)
of Regulation (EC) No 1049/2001. The new time limit expires on 19.9.2018.

 

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

 

Yours sincerely,

 

Access to documents team

 

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[3][email address]

[4]http://ec.europa.eu/dgs/legal_service/

 

 

 

 

 

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