Dear Mr Ambri,

Thank you for your request for access to documents. Your request has been
transferred to the Directorate-General for Neighbourhood and Enlargement
Negotiations (DG NEAR).

Unfortunately, you have not indicated your postal address. This is
necessary for registering and handling your request in line with the
procedural requirements.

Since 1 April 2014, the submission of a postal address became a mandatory
feature for the purpose of making an application for access to documents.
We would like to explain why we need your postal address in order to
register and handle your application for access to documents:

·         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 Data Protection Regulation (EU)
2018/1725 [1]^^[1]. 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 Regulation (EC) No
1049/2001 [2]^^[2]. 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 [3]^^[3], 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.

We therefore kindly reiterate our request to you to provide a full valid
postal address, so we can duly register and handle your request. Please
note that, once we receive your postal address, we will register your
request for access as an initial application for access to documents in
the meaning of Article 6(1) of Regulation (EC) No 1049/2001. The deadline
for handling your initial request shall run as from the moment of
registration of your application following the submission of your postal
address.

You have lodged your application via a private third-party 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 that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
[4]Privacy statement – access to documents.

Yours sincerely,

Access to Documents Team

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[5][DG NEAR request email]

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Dear Mr Ambri,

Thank you for your e-mail of 25 March 2022. We hereby acknowledge receipt
of your application for access to documents, which was registered on the
same day under reference number GESTDEM 2022/1757.

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 19
April 2021. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your application via a private third-party 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 that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.

Yours sincerely,

Access to Documents Team

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

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Dear Mr Ambri,

We refer to your request for access to documents, initially registered on
25 March 2022 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.

An extended time limit is needed for the purpose of internal and external
consultations. Therefore, we have to extend the time limit with 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 11 May
2022.

We are confident that we will be able to provide you with a reply shortly.
Again, we apologise for this delay and for any inconvenience this may
cause and we thank you for your understanding.

Yours sincerely,

[1]cid:image001.gif@01D4DF06.B8C47E70

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

References

Visible links
2. mailto:[DG NEAR request email]

Dear Mr Ambri,

We are afraid that the reply to your request for access to documents has
required longer than usual due to internal consultations. However, it has
been drafted and is pending approval by DG NEAR's hierarchy.

We are confident that you will receive a reply shortly. 

Again, we apologize for the delay and for any inconvenience it may have
caused. 

Yours sincerely,

[1]cid:image001.gif@01D4DF06.B8C47E70

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

From: NEAR ACCDOC
Sent: Tuesday, April 19, 2022 9:16 AM
To: '[FOI #10896 email]'
<[FOI #10896 email]>
Cc: NEAR ACCDOC <[DG NEAR request email]>
Subject: Access to documents request Ref. GESTDEM 2022/1757 - Prolongation
of deadline

Dear Mr Ambri,

We refer to your request for access to documents, initially registered on
25 March 2022 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.

An extended time limit is needed for the purpose of internal and external
consultations. Therefore, we have to extend the time limit with 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 11 May
2022.

We are confident that we will be able to provide you with a reply shortly.
Again, we apologise for this delay and for any inconvenience this may
cause and we thank you for your understanding.

Yours sincerely,

[3]cid:image001.gif@01D4DF06.B8C47E70

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[4][DG NEAR request email]

References

Visible links
2. mailto:[DG NEAR request email]
4. mailto:[DG NEAR request email]

Dear Mr Ambri,

Please find attached the reply to your request for access to documents,
registered under reference GestDem 2022/1757.

According to standard operational procedure, the reply is usually also
sent to you by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during to
the COVID-19 epidemics, 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 [1][DG NEAR request email]

Thank you in advance.

Best regards,

DG NEAR

 
[2]cid:image001.png@01D3F1C9.2C056D30

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

References

Visible links
1. mailto:[DG NEAR request email]