Ref. Ares(2022)1325868 - 22/02/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
The Director-General
Brussels
JUST.D.3/JS/ms (2022)1264342s
Mr Sergio Pérez Sangiao
E-mail:
ask+request-10272-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2021/8093
Dear Mr Sangiao,
I refer to your e-mail of 26 November 2021 in which you make a request for access to
documents. Please accept my apologies for the delay in replying to you.
Please note that, as mentioned in an e-mail to you of 15 December 2021
(
Ares(2021)7754402), parts of your request have been attributed to the Directorate-General
for Health and Food Safety1.
You requested access to the following documents: “
all correspondence (including reports,
official letters, emails, databases, attachments, minutes and meeting memoranda, as well
as any other type of public document not mentioned in the previous list) sent or received
by DG SANTE or any body that depends on it with the Government of Spain (especially
with the Presidency of the Government or with the Ministry of Health, but also with any
other department of the Government of Spain) until now on the performance of tests and
diagnostic tests for COVID and the review and inspection of COVID passports at
airports”.
We regret to inform you that the Directorate-General for Justice and Consumers does not
hold any documents that would correspond to the description given in your application, that
is, correspondence between the Directorate-General for Health and Food Safety or its
Executive Agency and the Spanish authorities.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution.
1
GESTDEM 2021/7361.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Given that no documents corresponding to the description given in your application are
held by the Directorate-General for Justice and Consumers, the Directorate-General is not
in a position to fulfil your request.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
According to standard operational procedure, the reply to a request for access to
documents is usually sent by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during the COVID-19
pandemic, which include the requirement for all Commission non-critical staff to
telework, we are unfortunately not in a position to follow this procedure until further
notice.
We would therefore appreciate if you could confirm receipt of the present e-mail by
replying to xxxxxxxxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
Electronically signed
Ana GALLEGO
2
Electronically signed on 21/02/2022 17:53 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482