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:

- The European Commission final audit report 2014/EFF/NL/EMP2/1 with reference number Ares (2015) 1383822

- Any communications between the Netherlands and the European Commission about the final audit report and/or its follow-up

- Any internal Commission communications on, and/or assessment of, the follow-up actions taken by the Netherlands in response to this audit report

Please send me an acknowledgement of receipt for this request, as foreseen by Article 7 (1) of Regulation 1049/2001.

Peter Teffer

postal address:
Peter Teffer
Ekko Voorkamer
Bemuurde Weerd WZ 3
3513 BH Utrecht
The Netherlands

MARE-ACCES-DOCUMENTS@ec.europa.eu, Asuntos Marítimos y Pesca

Dear Sir,

Thank you for your e-mail of 14/12/2021. We hereby acknowledge receipt of your application for access to documents, which was registered on 17/12/2021 under reference number GESTDEM 2021/8158.

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 18/01/2022. 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 Privacy statement – access to documents:
https://ec.europa.eu/info/principles-and... .

Yours faithfully,
MARE Access to Documents Team

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MARE ACCES DOCUMENTS, Asuntos Marítimos y Pesca

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

Dear Sir,

We refer to your e-mail of 14 December 2021 in which you make a request
for access to documents, registered on 17 December 2021 under GestDem n.
2021/8158.

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 on 18/01/2022.

An extended time limit is needed in order for our services to consult the
member state concerned.

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 8/02/2022.

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

Yours faithfully,

MARE ACCESS TEAM

 

References

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Dear Madam, Sir,

I write to you in relation to my access to documents requested, registered on 17 December 2021 under GestDem 2021/8158.

As you acknowledged in your message from 18 January 2022, the time limit of 15 working days expired that day. You stated that an extended time limit was needed "in order for our services to consult the member state concerned".

Regulation 1049/2001, article 7.3, states that an extension of the time-limit by 15 working days is allowed, but in "exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents" and "provided that the applicant is notified in advance and that detailed reasons are given".

I thank you for your apology, but I would like to be provided with detailed reasons why my application qualifies as an exceptional case.

Consulting a member state regarding a document does not seem to me as something out of the ordinary, and I fail to see how that need makes this an exceptional case. Surely the consulted member state is made aware of the applicable time-limits from Regulation 1049/2001, and is instructed to provide its reply within a time-span that will allow the Commission to fulfill its obligations stemming from article 7.3?

Sincerely,
Peter Teffer

Dear Madam, Sir,

I write to you in relation to my access to documents requested, registered on 17 December 2021 under GestDem 2021/8158.

I sent you an e-mail on 21 January 2022, one week ago today. I have not yet received an answer.

Sincerely
Peter Teffer

MARE ACCES DOCUMENTS, Asuntos Marítimos y Pesca

[1]RE: Holding reply - Your access to documents request - GestDem
2021/8158 - Ares(2022)366776 - Ares(2022)809118  (Please use this link
only if you are an Ares user – Svp, utilisez ce lien exclusivement si vous
êtes un(e) utilisateur d’Ares)

Dear Sir,

Thank you very much for contacting us.

We refer to your e-mail of 21 January 2022, in which you ask for further
information regarding the reasons for the extension of the deadline to
treat your access-to-documents request (GestDem 2021/8158) that was
communicated to you on 18 January 2022.

As mentioned in your e-mail, Article 7(3) of Regulation 1049/2001
clarifies that, in exceptional cases, the time-limit of 15 working days to
process an application for access to documents may be extended by
additional 15 working days, provided that the applicant is notified in
advance and that detailed reasons are given.

With concrete regard to your application, we would like to clarify that
the reason for this extension is linked to the fact that part of the
documents falling under the scope of your request originate from a Member
State (The Netherlands), whose authorities have to be consulted in
accordance with Article 4(4) and 4(5).

We hope this clarifies and we apologise again for any inconvenience this
may pose.

Yours faithfully,
MARE ACCESS DOCUMENTS TEAM

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Dear Madam, Sir,

Thanks for the clarification regarding the extension of the deadline for replying to my access to documents requested, registered on 17 December 2021 under GestDem 2021/8158.

I still do not understand why the need to consult a member state can lead to an "exceptional case", since the Commission could have told the member state in advance that it needs to reply within a certain time period to allow the Commission to reply within 15 working days.

The fact that a member state needs to be consulted in relation to an access to documents request is not exceptional, and should be considered as part of the normal routine when handling an access to documents request. If a member state is unable to reply to a consultation within a certain time period, effectively forcing the Commission to be in violation of the time limits laid down in Regulation 1049/2001, the onus is on the Commission to tell the member state that it will proceed with a decision without the member state's contribution if it cannot provide that within a certain time period.

Sincerely
Peter Teffer

MARE-ACCES-DOCUMENTS@ec.europa.eu, Asuntos Marítimos y Pesca

5 Adjuntos

  • Attachment

    Reply partial acess GESTDEM 002 final.docx.pdf

    308K Download View as HTML

  • Attachment

    no 1 The European Commission final audit report 2014EFFNLEMP21 Ref.Ares 2015 1383822 1.pdf.pdf

    9.4M Download View as HTML

  • Attachment

    no 2 The follow up letter on in kind contributions Ref.Ares 2015 1981527 of 11052015.pdf.pdf

    90K Download View as HTML

  • Attachment

    no3 The reply from the Dutch authorities to the final audit report of 30062015.pdf.pdf

    8.4M Download View as HTML

  • Attachment

    no4 The follow up letter from the Dutch authorities regarding Programma audit Perspectieven voor een duurzame visserij of 16072015.pdf.pdf

    303K Download View as HTML

Dear Sir,

 

You may find attached our reply with regards to your access to documents
request registered under ref. Gestdem 2021/8158. 

 

We kindly ask you to acknowledge receipt of this email containing our
reply to your request.

 

Kind regards,

MARE ACCESS TEAM

 

MARE ACCES DOCUMENTS, Asuntos Marítimos y Pesca

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]RE: RE: Your application for access to documents – GESTDEM 2021/8158 -
Ares(2022)1193182  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Sir,

 

We kindly remind you to acknowledge receipt of our reply.

 

Kind regards,

MARE ACCES TEAM

 

From: MARE ACCES DOCUMENTS <[DG MARE request email]>
Sent: Tuesday, February 8, 2022 6:27 PM
To: [FOI #10395 email]
Cc: MARE ACCES DOCUMENTS <[DG MARE request email]>
Subject: RE: Your application for access to documents – GESTDEM 2021/8158

 

Dear Sir,

 

You may find attached our reply with regards to your access to documents
request registered under ref. Gestdem 2021/8158. 

 

We kindly ask you to acknowledge receipt of this email containing our
reply to your request.

 

Kind regards,

MARE ACCESS TEAM

 

References

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1. file:///tmp/cid:filelist.xml@01D82411.09532EC0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

Dear Madam, Sir,

I confirm receipt of your e-mail dated 8 February 2022 and the four disclosed documents, related to my application for registered on 17/12/2021 under reference number GESTDEM 2021/8158.

I have no objection to the redactions of personal data from staff members not pertaining to senior management.

However, I would like to file a confirmatory application regarding the redaction of project names. Please pass this message onto the Secretariat-General to process my confirmatory application.

I would like to point out that these redactions are very similar to those done by DG MARE in response to GESTDEM 2021/8028. I filed a confirmatory application in that case (Ares(2022)273768), and as a consequence the SG provided wider partial access. From the SG decision (C(2022)998) it follows that the SG agreed with my point of view.

I had argued in case GESTDEM 2021/8028: In the documents, the names of EFF projects have been redacted. These involve projects for which, according to the documents, irregularities have been detected. An irregularity means possible misspending of EU funds, an issue which is of great public interest: "European Union (EU) citizens need to have confidence that the EU budget is being put to proper use." (https://eur-lex.europa.eu/legal-content/...)

Any exception based on article 4(2) of the access to documents regulation thus is overridden by this greater public interest. The same applies to this case.

Sincerely,
Peter Teffer

postal address:
Peter Teffer
Ekko Voorkamer
Bemuurde Weerd WZ 3
3513 BH Utrecht
The Netherlands

SG ACCES DOCUMENTS, Asuntos Marítimos y Pesca

1 Adjuntos

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

Dear Sir,

 

Thank you for your email dated 21 February 2022 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 MARE in reply to your initial application GESTDEM 2021/8158.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 22 February 2022 (Ares(2022)1332572).

 

Your application will be handled within 15 working days (15/03/2022). 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. Thank you for providing your contact phone number, 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, and that it will
delete it immediately thereafter.

 

Yours faithfully,

 

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[5]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[6][email address]

 

 

 

 

 

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SG ACCES DOCUMENTS, Asuntos Marítimos y Pesca

1 Adjuntos

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

[5]GESTDEM 2021/8158 - 1st holding letter - Ares(2022)1921536  (Please use
this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Teffer,

 

I refer to your email of 21 February 2022, registered on the following
day, by which you submitted 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 (EC) No
1049/2001"), registered under reference number above.

 

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements needed to carry out a
full analysis of your request and to take a final decision. Therefore, we
are not in a position to reply to your confirmatory request within the
prescribed time limit which expires on 15 March 2022. Consequently, we
have to extend this period by another 15 working days in accordance with
Article 8(2) of Regulation (EC) No 1049/2001. The new deadline expires on
5 April 2022. However, I can assure you that we are doing our utmost to
provide you with a final reply within the next 15 working days.

 

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

 

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

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

European Commission

Secretariat General

SG.C.1 – Transparency, Document Management & Access to Documents
Office: BERL 07/243
B-1049 Brussels
+32 (0)2 29 94975
[7][email address]

References

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5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]

Dear Mrs Oliván Avilés,

I'm writing in reference to my confirmatory application, registered on 22 February 2022 (Ares(2022)1332572).

This is a kind reminder that tomorrow, 5 April 2022, marks 2 x 15 working days since my application was registered. I am assuming that the Secretariat General will not be in breach of article 8(2) of Regulation 1049/2001, provide a reply on that day.

Sincerely
Peter Teffer

Sg-Acc-Doc@ec.europa.eu, Asuntos Marítimos y Pesca

Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
 
 
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
 
 
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
 
 

References

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1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...

SG ACCES DOCUMENTS, Asuntos Marítimos y Pesca

1 Adjuntos

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

[5]Your confirmatory application for access to documents under Regulation
(EC) No 1049/2001 - GESTDEM 2021/8158 - 2nd holding reply -
Ares(2022)2599235  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Teffer,

 

I refer to your email of 21 February 2022, registered on the same day, by
which you submitted 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 (EC) No
1049/2001"), registered under reference number above.

 

I also refer to our holding reply dated 16 March 2022, by which the time
limit for replying to your confirmatory request was extended by 15 working
days, pursuant to Article 8(2) of the Regulation. This extended time limit
expires on 5 April 2022. In addition, I take note of your response to that
holding reply, received on 4 April 2022.

 

Unfortunately, we are not yet in a position to provide you with our final
position within the above-mentioned deadline. Please note that we are now
past an additional third party consultation carried out at the
confirmatory level, as well as the subsequent interservice consultations
that have been necessary to assess the documents concerned by your
application. Nevertheless, before the confirmatory decision is notified to
you, it still has to be approved by the Legal Service and formally adopted
by the Secretariat-General. However, I can assure you that we are doing
our utmost to provide you with a final reply within the upcoming days.

 

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

 

Yours sincerely,

 

 

 

Mariusz Daca, Ph.D.
Deputy Head of Unit

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

References

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5. https://webgate.ec.testa.eu/Ares/documen...

Dear Madam, Sir,

I write to you with reference to the confirmatory application GESTDEM 2021/8158 - Ares(2022)2599235.

I received your reply by postal mail, instead of by e-mail as is usual practice.

Can you explain why the Commission decided to print some 200 pages instead of sending them via e-mail? Is it because the Commission does not care about the environment or because it did not want to provide easy digital access to these documents?

Sincerely
Peter Teffer