No sabemos si la última respuesta a esta solicitud contiene información o no – si eres Thomas Haugsted por favor abre una sesión y háznoslo saber.

Access to documents in infringement cases

Thomas Haugsted made this acceso a documentos request to Medio Ambiente

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Estamos a la espera de que Thomas Haugsted lea las últimas respuestas y de que actualice el estado.

Dear DG Environment,

I am a researcher at the University of Copenhagen. I would like to respectfully request access to specific documents solely for the purpose of academic research.

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. The reasoned opinion, dated 19 May 2022, in the active infringement case INFR(2017)2113.

2. The following documents related to Case C-215/06, Commission v. Ireland:
- Letter of Formal Notice of 5 April 2001
- Reasoned Opinion dated 21 December 2001
- Additional Letter of Formal Notice dated 7 July 2004
- Reasoned Opinion 2000/4384 issued on 22 December 2004
- Ireland’s response of 8 March 2005 to Reasoned Opinion ref 2000/4384

3. The following documents related to Case C-261/18, Commission v. Ireland:
- Letter of Formal Notice dated 26 June 2009
- Additional Letter of Formal Notice dated 22 March 2010
- Commission's letter to Ireland dated 19 September 2012
- Ireland's letter to the Commission dated 13 October 2012

I would prefer if the document is send in electronic format to the email address indicated below.

Thank you in advance.

Yours faithfully,
Thomas Haugsted

ENV-ACCESS-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 22/11/2022 and registered on 24/11/2022 under case number 2022/6834.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that '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.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

Directorate-General for Environment - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

Hello,

Thank you for your reply. My postal address is:

Thomas Haugsted
Plantevej 15, 3. tv.
DK-2870 Dyssegård
Denmark

Yours faithfully,

Thomas Haugsted

ENV-ACCESS-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 22/11/2022 and registered on 24/11/2022 under the case number
2022/6834.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 15/12/2022. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

Directorate-General for Environment - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

ENV-ACCESS-DOCUMENTS@ec.europa.eu,

Dear Sir,

We are writing concerning your recent request for access to Commission
documents registered under case number 2022/6834.

We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring on 15 December 2022 as, in order to
retrieve the documents requested, large files have to be examined.

Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days.

We apologise for any inconvenience this may cause.

Kind regards,

DG ENV Unit E.3

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...

ENV-ACCESS-DOCUMENTS@ec.europa.eu,

12 Adjuntos

Dear Sir,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2022/6834.

Please acknowledge the receipt of this message by return email.

Kind regards,

Unit E3 secretariat, DG ENVIRONMENT

No sabemos si la última respuesta a esta solicitud contiene información o no – si eres Thomas Haugsted por favor abre una sesión y háznoslo saber.