Ref. Ares(2023)46032 - 04/01/2023
EUROPEAN COMMISSION
NEIGHBOURHOOD AND ENLARGEMENT NEGOTIATIONS
R - Resources
R.2 – Legal issues
Brussels
Subject:
Your application for access to documents
Ref.
EASE 2022/6666
Dear Ms Pacciardi,
We have identified 90 documents, with an estimated total of 1 500 pages, as falling under
the scope of your above-mentioned application.
The detailed individual analysis of all these documents, together with the consultation of
the third parties which originated them (consultation required by Article 4(4) of
Regulation (EC) No 1049/20011), cannot be expected to be completed within the normal
time limits set out in Article 7 of Regulation (EC) No 1049/2001.
Article 6(3) of Regulation (EC) No 1049/2001 provides for a possibility to confer with
the applicant informally with a view to finding a fair solution when the application
relates to a very long document or concerns a very large number of documents.
In accordance with the case law of the EU Courts, such a solution can only concern the
content or the number of documents requested, not the deadline for replying 2. This
means that the scope of the request must be reduced in a way that would enable its
processing within the extended deadline of 15 + 15 working days.
1
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001
regarding public access to European Parliament, Council and Commission documents, Official
Journal L 145 of 31 May 2001, p. 43.
2
Judgment of the Court of Justice of 2 October 2014,
Strack v
European Commission,
C-127/13, (hereinafter referred to as the ‘
Strack v
Commission judgment’), EU:C:2014:2250,
paragraphs 26-28.
Ms Agnese Pacciardi
Hässleholmsgatan 8B
214 43 Malmö
Sweden
By email only to:
ask+request‐12178‐xxxxxxxx@xxxxxxxx.xxx
Based on the above-mentioned provision, we would kindly ask you to specify the objective
of your application and your specific interest in the documents requested 3, and whether you
could narrow down the scope of your application (i.e. the subject matter(s) and/or timeframe
covered), so as to reduce it to a more manageable amount of pages.
In order to help you to narrow down your application, please note that the following
categories of documents have been identified as falling under the scope of your request:
1. Letter to AICS concerning the use of flexible procedures in Libya; [
1 document, 1
page]
2. EUTF RSSD T05-EUTF-NOA-LY-05-01- 01 (T05.437) - Annual Report Year 2
and Request for payment number: 2, [
4 documents, 48 pages]
3. EUTF RSSD T05-EUTF-NOA-LY-05-01- 01 (T05.437) - Annual Report Year 2 [
1
document, 58 pages]
4. EUTF RSSD T05-EUTF-NOA-LY-05-01- 01 (T05.437) - AICS request for No
Cost Extension, [
4 documents : Annex I Description of the Action, Annex III
Budget, Explanatory Note, etc., 53 pages]
5. Counter signed Amendment 1- NCE - EUTF RSSD T05-EUTF-NOA-LY-05-01
(T05.437), [
1 document, 50 pages]
6. Annual Report Year 3 (01 Oct. 2020 – 30 Sep. 2021) EUTF RSSD T05-EUTF-
NOA-LY-05-01- 01 (T05.437) – NO REQUEST FOR PAYMENT, [
4 documents,
44 pages]
7. Financial and System audit of the project “Recovery, Stability and Socio-economic
Development in Libya” – Italian Cooperation Component [T05-EUTF-NOA-LY-
05-01-01 (T05.437)], [
1 document, 1 page]
8. COUNTERSIGNED Addendum no. 2 - EUTF RSSD T05-EUTF-NOA-LY-05-01
(T05.437) - Strengthening Local Capacities for Resilience and Recovery-Italian
Cooperation Component, [
1 document, 49 pages]
9. RE: INVITATION: Baladiyati Programme – Technical Committee mtg n. 19 on 14
December 2022, [
1 document, 4 pages]
10. EUTF RSSD Libya: Steering Committee Meeting 20 October - ZOOM
INVITATION, [
8 documents: steering committee minutes, inception report etc.,
111 pages]
11. Letter to AICS concerning the use of flexible procedures in Libya 2021, [
2
documents, 2 pages]
12. Letter to AICS concerning the use of flexible procedures in Libya 2022, [
2
documents, 2 pages]
3
Strack v
Commission judgment , paragraph 28; Judgment of the General Court (then 'Court of First
Instance') of 22 May 2012,
EnBW Energie Baden-Württemberg v
European Commission, T-
344/08, EU:T:2012:242, paragraph 105.
2
13. RSSD Libya - Baladiyati Phase 1: AICS Quarterly Information Note n.10, [
3
documents]
14. T05-EUTF-NOA-LY-13-01 (T05.1849) - Submission of 1 countersigned original,
[
1 document, 106 pages]
15. RSSD Libya: AICS QIN & DCT n. 6, [
2 documents]
16. RSSD Libya_AICS_QIN n.5, [
1 document, 26 pages]
17. RSSD/Baladiyati Programme: SCM n. 5 - Meeting Minutes, [
1 document, 13
pages]
18. EUTF RSSD Baladiyati: Technical Committee meeting n.13 - September 9th, 2021,
[
8 documents, 45 pages]
19. Quarterly Information Note No. 11 - Baladiyati phase 1, [
3 documents]
20. R: EUTF RSSD T05-EUTF-NOA-LY-05-01- 01 (T05.437) – Annual Report Year 3
(01 Oct. 2020 – 30 Sep. 2021), [
4 documents, 94 pages]
21. EUTF RSSD Libya - Phase 1 - Quarterly Information Note n. 8, [
3 documents]
22. INVITATION - EUTF “Recovery, Stability and Socio-economic Development in
Libya” Baladiyati Programme – Steering Committee Meeting N°4, 15 June 2021
(with ZOOM videoconference), [
2 documents, 11 pages]
23. RSSD/Baladiyati Programme: SCM n. 5 - Meeting Minutes, [
1 document, 13
pages]
24. Re: INVITATION: Baladiyati Programme – Technical Committee mtg n. 17 on 3
August 2022, [
5 documents, 34 pages]
25. Re: INVITATION: Baladiyati Programme – Technical Committee mtg n. 17 on 6
July 2022, [
7 documents, 129 pages]
26. INVITATION: Baladiyati Programme – Technical Committee mtg n. 18 on 14
September 2022, [
2 documents, 9 pages]
27. INVITATION: Baladiyati Programme – Technical Committee mtg n. 19 on 14
December 2022, [
2 documents, 6 pages]
28. EUTF RSSD Baladiyati: Technical Committee meeting n.13 - September 9th, 2021,
[
9 documents, 48 pages]
29. EUTF RSSD Libya: Steering Committee Meeting 20 October - ZOOM
INVITATION
(same documents as the reference n.10)
30. FW: INVITATION: Baladiyati Programme – Technical Committee mtg n. 15 on 07
Feb. 2022, [
6 documents, 46 pages]
According to our first estimates, the handling of your request would take 45 working
days, taking into account other applications for access to documents and other tasks that
the staff concerned are likely to have to deal with during the same period.
3
These 45 working days are broken down as follows:
- pro memoria: identification of the documents falling under your request: 8
working days;
- assessment of the content of the documents in light of the exceptions of Article 4
of Regulation (EC) No 1049/2001: 10 working days;
- internal consultations with other operational units: 7 working days;
- third-party consultations under Article 4(4
): 5 working days;
- final assessment of the documents in light of the comments received: 6 working
days;
- drafting of the reply: 1 working day;
- redaction of those parts of the documents to which one or several exceptions
apply: 1 working day;
- internal review and approval of the draft decision: 6 working days; and
- preparation of the reply and the documents for dispatch (scanning of the redacted
versions, administrative processing etc.): 1 working day.
It follows that, according to our first estimates, a maximum of 5 categories documents
could possibly be dealt with within the extended deadline of 30 working days counting
from the date of registration of your request.
In order to enable us to respect the time-limits of Regulation (EC) No 1049/2001, please
reply to this proposal for a fair solution
within five working days at the latest.
In the absence of a reply within five working days, we will restrict the scope of your
application to those parts that can be dealt with within the extended deadline of 30 working
days.
We remind you that because of the exceptions provided under Article 4 of Regulation
(EC) No 1049/2001, we cannot guarantee that we will be able to provide access to all the
documents concerned.
Yours sincerely,
[e-signed]
Christos KOMNINOS
Head of Unit
4
Electronically signed on 04/01/2023 12:47 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121