EU FOIAs

La solicitud fue parcialmente exitosa.

Dear Secretariat General of the European Commission,

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:

A list of all petitions under the right of access to documents in the EU treaties sent since the law was passed with detail of:

-Summary of the petition
-Date of the petition
-Addressee of the petition
-Country of origin of the petition
-Decision: access given, access denied…

If any of the data is not available or you have extra data regarding this request, I ask for the information as you have it in your databases in order to avoid any extra work. Also, I am not asking for any personal data related with these requests.

I would prefer to receive the information in electronic form. This is a right under Regulation 1049/2001 if the information exists in that format.

Yours faithfully,

Adrián

Secretaría General de la Comisión Europea

Dear Sir,

Thank you for your request for access to documents.

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

Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.

You may, of course, use directly the electronic form for entering your request:

http://ec.europa.eu/transparency/regdoc/...

Best regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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Dear Secretariat General of the European Commission,

I want to receive the information in electronic form so it's not necessary to indcate my address. This is a right under Regulation 1049/2001 if the information exists in that format.

Thanks

Yours faithfully,

Adrián

Secretaría General de la Comisión Europea

Dear Sir,

With respect to your questions regarding the provision of a postal address (copied below), please find our explanations below.

On 1 April 2014, the postal address became a mandatory feature for the purpose of introducing a request for access to documents.

The decision to ask for a postal address from applicants for access to documents was triggered by the following considerations:

• The need to obtain legal certainty as regards the date of receipt of the reply by the applicant under Regulation 1049/2001. Indeed, as foreseen by Article 297 of the Treaty on the Functioning of the European Union (TFEU), […] 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. Replies triggering the possibility for administrative or judicial redress are therefore transmitted via registered mail with acknowledgement of receipt. This requires an indication of a valid postal address by the applicant;

• The need to direct the Commission's scarce resources first of all to those requests which have been filed by "real" applicants. With only a compulsory indication of an e-mail address, applicants can easily introduce requests under an invented identity or under the identity of a third person. Asking for a postal address helps the Commission to protect the administration, as well as other citizens and legal persons, from abuse;

• For similar reasons, asking for a compulsory indication of a postal address enables the Commission services to verify whether Article 6(3) of the Regulation, on voluminous requests, is being evaded by introducing several requests under different identities. Indeed, in its Ryanair judgment, the General Court confirmed that Article 6(3) cannot be evaded by splitting the application into a number of applications. The Commission would like to point out that, in 2012/2013, it received some 57 confirmatory requests from what it suspects to be one single applicant operating under 13 different identities;

• Knowing whether the applicant is an EU resident in the sense of Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of correctly applying the exception in Article 4(1)(b) of Regulation 1049/2001 (protection of the privacy and integrity of the individual), which has to be interpreted in accordance with Data Protection Regulation 45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the level of protection afforded by the third country or international organisation when transmitting personal data to third-country residents or legal persons. It follows that, in case of requests for documents which include personal data, the correct application of the data protection rules cannot be ensured in the absence of a postal address enabling the Commission to ascertain that the minimum data protection standards will be respected.

All of these considerations show that the request for and the consequent processing of a 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 (a) of Data Protection Regulation 45/2001, namely providing a smooth and effective access to documents.

We therefore kindly reiterate our request to you to provide a full 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 1049/2001. The deadline for handling your initial request shall run as from the moment of registration of your request following the submission of your postal address.

Thank you in advance.

Kind regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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Secretaría General de la Comisión Europea

2 Adjuntos

Dear Sir,

 

Thank you for your e-mail dated 03/04/2017.  We hereby acknowledge receipt
of your application for access to documents, which was registered on
04/04/2017 under reference number GestDem 2017/2078.

 

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
28/04/2017. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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.

 

Yours faithfully,

 

 

BLURIOT-PUEBLA Madeleine

Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]

 

From: Adrián Blanco [mailto:[email address]]
Sent: Monday, April 03, 2017 5:42 PM
To: SG ACCES DOCUMENTS
Subject: EU FOIAs

 

[2]Image removed by sender.

Dear Secretariat General of the European Commission,

 

Here it is my postal address:

 

VÍA DE LAS DOS CASTILLAS 33  

28224 POZUELO DE ALARCÓN (MADRID)

 

I would be grateful if you can continue answering via ask the EU.

 

Yours faithfully,

 

Adrián

References

Visible links
1. mailto:[email address]

Secretaría General de la Comisión Europea

1 Adjuntos

Dear Mr. Blanco,
 
We refer to e-mail dated 03/04/2017 in which you make a request for access
to documents, registered on 04/04/20017 under the above mentioned
reference number.
 
The description given in your application does not enable us to identify
concrete documents which would correspond to your request.  We therefore
invite you, pursuant to Article 6(2) of Regulation (EC) No 1049/2001
regarding public access to documents, to provide us with more detailed
information on the documents which you seek to obtain :
 

* Do you request a list of all access to document requests under
1049/2001 ? or a list of all petitions submitted to the European
Parliament (see :
[1]http://www.europarl.europa.eu/atyourserv...)
?
* Which are the dates concerned by the requested documents ? (from
xx/x/201x to xx/xx/201x)

 
If you need assistance in clarifying or specifying your application, you
can contact us by email to [2][email address].
 
The 15 working days the time limit for handling your application will
start running when we receive the requested clarifications.
 
Thank you in advance for your understanding.
 
Yours faithfully,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[3][email address]
 
 

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Dear Secretariat General of the European Commission,

I request a list of all access to document requests under 1049/2001. Regarding the dates I ask them from 30/05/2001 to 27/04/2017, if possible.

Thank you very much.

Yours faithfully,

Adrián

Secretaría General de la Comisión Europea

9 Adjuntos

Dear Mr Blanco,
 
Please find herewith our answer to your request for access to documents
under Regulation (EC) n. 1049/2001 :
Annexes (PART I/2) :
 

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Secretaría General de la Comisión Europea

9 Adjuntos

Dear Mr Blanco,
 
Please find herewith the second part of the Annexes (PART II/2) :
 
Best regards,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]
 

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