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:

- Text messages and other documents relating to the exchange between President Ursula von der Leyen and Albert Bourla, the chief executive of Pfizer, since January 1, 2021. The exchange was reported in the New York Times on April 28 in the story "How Europe Sealed a Pfizer Vaccine Deal With Texts and Calls". See here: https://www.nytimes.com/2021/04/28/world...

- An internal European Commission assessment of the EU’s vaccine needs over the next two years, as referenced in the same story

Yours faithfully,

Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles
Belgium

ve_sg.accessdoc (SG), Secretaría General de la Comisión Europea

[1]RE: access to documents request - Exchange between President Von der
Leyen and Albert Bourla of Pfizer --- Ref. Gestdem 2021/2908 -
Ares(2021)2960632

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

We hereby acknowledge receipt of your application for access to documents,
which was registered on 04/05/2021 under reference number GESTDEM
2021/2908.

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 28/05/2021. 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
Privacy statement – access to documents.

Yours faithfully,

Access to documents team (rc)
SG.C.1
Transparency

mostrar partes citadas

SG UNITE E-4, Secretaría General de la Comisión Europea

4 Adjuntos

  • Attachment

    Reply EN.pdf

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  • Attachment

    Ares 2021 2842003 Letter from the Chairman and CEO of Pfizer Inc thanking EC President von der Leyen for visiting Puurs in 042021 email Redacted 1.pdf

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  • Attachment

    Ares 2021 2842003 Letter from the Chairman and CEO of Pfizer Inc thanking EC President von der Leyen for visiting Puurs in 042021 1 Redacted.pdf

    87K Download View as HTML

  • Attachment

    Read out of the videoconference between President von der Leyen and CEOs of pharmaceutical companies.pdf

    62K Download View as HTML

Dear Secretariat General of the European Commission,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Exchange between President Von der Leyen and Albert Bourla of Pfizer'.

First, I would like to note that the reply I received lacks customary features of replies to access to documents requests. Usually, they include an „Assessment and Conclusion under Regulation 1049/2001“ as well as a „Means to Redress“.

The Regulation states in Article 7, 1. that the institution shall „state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application“. Even though two of the documents I received were clearly redacted, no such reasons were stated.

Second, the reply failed to address my request for text messages exchanged between President Von der Leyen and Pfizer CEO Bourla, as mentioned in the New York Times report published April 28, 2021. I ask the Commission to produce the documents in question.

I would like to remind the Secretariat General that the Regulation 1049/2001 states in Article 3 (a) that a ‘document’ shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) concerning a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility.

I would also like to point out the European Ombudsman decision in case 1219/2020/MIG which states „the EU institutions should make every effort to reflect the reality of modern communications, and the increased use of text and instant messaging, in their document management rules and practices. This reflects their duty to draw up and retain documentation pertaining to their activities“.

The Commission itself has recently stated in a reply to a question from the European Parliament (E-001225/2021) that it „attaches great importance to ensuring as much transparency as possible in procuring the COVID-19 vaccines.“ It also said (in E-000072/2021) that „transparency and accountability are important to help build the trust of European citizens and to make sure that they can rely on the effectiveness and safety of the vaccines purchased at the EU level“.

The need for transparency in vaccine procurement is also something that the Commission has already discussed with partners, according to reply E-000166/2021. The Commission has stated on March 19, 2021: „The Commission has already informed the other companies on transparency obligations it is subject to notably in accordance with Regulation (EC) No 1049/2001 and is currently discussing with them to enable the Commission to comply with the applicable transparency rules and grant the widest possible public access to the advance purchase agreements.“

I take note of a reply by the Commission to a previous access to documents request of mine, GESTDEM 2021/0012. In the reply to my confirmatory application, I was told that “an SMS or another type of instant messaging might qualify as a record only in very exceptional circumstances”.

Meanwhile, the Commission has announced on May 20, 2021 that it has signed a contract with BioNTechPfizer for a third contract for an additional 1,8 billion vaccine doses. The press release by the Commission does not mention the price promised for the additional doses, but it is safe to assume it will amount to several billion euro. With a public procurement process of this volume and importance to public health, the threshold of “very exceptional circumstances” under which the text messages mentioned in the New York Times report should by all reasonable standards be fulfilled.

I ask to provide me with a list of documents in question as well as full access to the documents.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/exch...

Yours faithfully,

Alexander Fanta
netzpolitik.org
Rue de la Loi 155, 1040 Bruxelles

ve_sg.accessdoc (SG), Secretaría General de la Comisión Europea

1 Adjuntos

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

[5]Your confirmatory application for internal review of access to
documents request - Exchange between President Von der Leyen and Albert
Bourla of Pfizer - GESTDEM 2021/2908 - Ares(2021)3538092

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

 

Thank you for your email dated 28/05/2021 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 the
Secretariat General in reply to your initial application GESTDEM
2021/2908.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 28/05/2021 (Ares(2021)3537787).

 

Your application will be handled within 15 working days (18/06/2021). 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 (IC)

European Commission

Secretariat-General

SG.C1

[email address]

 

[6]cid:image001.gif@01D46531.06A8B6B0

 

 

 

mostrar partes citadas

ve_sg.accessdoc (SG), Secretaría General de la Comisión Europea

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 2021/1360 - Ares(2021)3872006

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Fanta,

 

I refer to your e-mail of 28 April 2021, registered on the same day, by
which you submit 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 (hereafter ‘Regulation (EC)
No 1049/2001’).

 

I also refer to our holding reply of 21 May 2021, by which the time limit
for replying to your confirmatory application was extended by 15 working
days, pursuant to Article 8(2) of Regulation (EC) No 1049/2001.

 

I regret to have to inform you that we will not be able to respond within
the extended time limit, which expires on 14 June 2021, as we have not yet
finalised the necessary consultations. However, I can assure you that we
are doing our utmost to conclude these proceedings in order to provide you
with a final reply as soon as possible.

 

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

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

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D76117.074BA8E0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

ve_sg.accessdoc (SG), Secretaría General de la Comisión Europea

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 2021/2908 - Ares(2021)3991833

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Fanta,

We refer to your email of  28 May 2021, registered on the next 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[6]^[1] ("Regulation (EC) No
1049/2001").

 

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 18 June 2021. The new deadline
expires on 9 July 2021.

 

We apologise for this delay and for any inconvenience this may cause but
we would like to assure you that we will do our utmost to provide you with
a reply as soon as possible.

 

Yours sincerely,

María OLIVÁN AVILÉS
Head of Unit

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

European Commission

Secretariat General

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

 

 

------------------------

[8][1]               Official Journal L 145 of 31.5.2001, p. 43.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D76458.11C5BBF0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. file:///tmp/foiextract20210618-25337-1ws8brq#_ftn1
8. file:///tmp/foiextract20210618-25337-1ws8brq#_ftnref1

SG ACCES DOCUMENTS, Secretaría General de la Comisión Europea

1 Adjuntos

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

Dear Mr Fanta

We refer to your email of  28 May 2021, 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[5]^[1] ("Regulation (EC) No 1049/2001"). We also
refer to our holding letter of 18 June 2021.

 

Your confirmatory application is currently being handled. Unfortunately,
we still 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 9
July 2021.

 

We apologise for this delay and for any inconvenience this may cause but
we would like to assure you that we will do our utmost to provide you with
a reply as soon as possible.

 

Yours sincerely,

María OLIVÁN AVILÉS
Head of Unit

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

European Commission

Secretariat General

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

 

 

------------------------

[7][1]               Official Journal L 145 of 31.5.2001, p. 43.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D774B3.2069C690
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. file:///tmp/foiextract20210709-13731-1oc4vn3#_ftn1
7. file:///tmp/foiextract20210709-13731-1oc4vn3#_ftnref1

SG-GREFFE-CERTIFICATION@ec.europa.eu, Secretaría General de la Comisión Europea

2 Adjuntos

Dear Mr Alexander Fanta,

 

Please find attached the electronic version of Commission Decision C(2021)
5286 final as adopted by the European Commission on 11.7.2021.

 

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

 

Please confirm receipt of the attached document by return e-mail.

 

Kind regards,

 

 

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [email address]

 

 

SG-GREFFE-CERTIFICATION@ec.europa.eu, Secretaría General de la Comisión Europea

Dear Mr Alexander Fanta,

Could you please confirm the receipt of the document sent on the 12.7.2021

Kind regards,

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [email address]

 

 

 

From: SG GREFFE CERTIFICATION
Sent: Monday, July 12, 2021 4:45 PM
To: '[FOI #9413 email]'
<[FOI #9413 email]>
Cc: BEVIERE Chantal (SG) ([email address])
<[email address]>
Subject: C(2021) 5286 final addressed to Alexander Fanta

 

Dear Mr Alexander Fanta,

 

Please find attached the electronic version of Commission Decision C(2021)
5286 final as adopted by the European Commission on 11.7.2021.

 

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

 

Please confirm receipt of the attached document by return e-mail.

 

Kind regards,

 

 

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [1][email address]

 

 

References

Visible links
1. mailto:[email address]

Dear [email address],

I received your reply to my request 2021/1361 on a meeting with Axel Springer.

Yours sincerely,

Alexander Fanta

JUST ACCES DOCUMENTS, Secretaría General de la Comisión Europea

1 Adjuntos

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

[5]GESTDEM 2021/4231 --- holding reply - Ares(2021)4622279  (Please use
this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Subject: Your applications for access to documents – GESTDEM 2021/4231

 

Dear Mr FANTA,

 

We refer to your e-mail of 18/06/2021 in which you make a request for
access to documents, registered on 25/06/2021 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 applications within the time
limit of 15 working days, which expires on 16/07/2021.

 

An extended time limit is needed as the application concerns documents
held by different Services, which must be consulted.

 

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 09/08/2021.

 

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

 

With kind regards,

 

JUST ACCESS DOCUMENTS

[6]Just Logo

European Commission
Directorate-General for Justice and Consumers

Rue Montoyer 59
B-1049 Brussels, Belgium

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D77A5B.5CA50450
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. http://ec.europa.eu/justice/index_en.htm

SG-GREFFE-CERTIFICATION@ec.europa.eu, Secretaría General de la Comisión Europea

6 Adjuntos

Dear Mr Alexander FANTA,

Please find attached the electronic version of Commission Decision C(2021)
5592 as adopted by the European Commission on 21.7.2021.

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

Please confirm receipt of the attached document by return e-mail.

Kind regards,

 

 

MARTIN GALAN MARIA SERENA

Secrétariat général de la Commission – Greffe B-2
Procédures écrites, habilitations, délégations et transmissions externes

BERL 5/155
' +32-2-299.59.48
7 +32-2-296.72.43

[1]cid:image016.jpg@01D041FE.EC4221C0[2]cid:image017.jpg@01D041FE.EC4221C0[3]cid:image018.jpg@01D041FE.EC4221C0

Your tool | Our help

 

 

 

 

References

Visible links
1. https://intragate.ec.europa.eu/decide/sep
3. https://webgate.ec.europa.eu/fpfis/wikis...

SG-GREFFE-CERTIFICATION@ec.europa.eu, Secretaría General de la Comisión Europea

3 Adjuntos

Dear Ms / Dear Mr,

It is very important for us.

Please, could you please acknowledge the receipt of the document enclosed
in the message addressed to you ?

 

MARTIN GALAN MARIA SERENA

Secrétariat général de la Commission – Greffe B-2
Procédures écrites, habilitations, délégations et transmissions externes

BERL 5/155
'   +32-2-299.59.48
7    +32-2-296.72.43

[1]cid:image016.jpg@01D041FE.EC4221C0[2]cid:image017.jpg@01D041FE.EC4221C0[3]cid:image018.jpg@01D041FE.EC4221C0

   Your tool  | Our help

 

 

From: SG GREFFE CERTIFICATION <[email address]>
Sent: Thursday, July 22, 2021 12:22 PM
To: [FOI #9413 email]
Cc: OBLIN Frederic (SG) <[email address]>
Subject: C(2021) 5592 final addressed to Alexander FANTA - netzpolitik.org

 

Dear Mr Alexander FANTA,

Please find attached the electronic version of Commission Decision C(2021)
5592 as adopted by the European Commission on 21.7.2021.

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

Please confirm receipt of the attached document by return e-mail.

Kind regards,

 

 

MARTIN GALAN MARIA SERENA

Secrétariat général de la Commission – Greffe B-2
Procédures écrites, habilitations, délégations et transmissions externes

BERL 5/155
' +32-2-299.59.48
7 +32-2-296.72.43

[4]cid:image016.jpg@01D041FE.EC4221C0[5]cid:image017.jpg@01D041FE.EC4221C0[6]cid:image018.jpg@01D041FE.EC4221C0

Your tool | Our help

 

 

 

 

References

Visible links
1. https://intragate.ec.europa.eu/decide/sep
3. https://webgate.ec.europa.eu/fpfis/wikis...
4. https://intragate.ec.europa.eu/decide/sep
6. https://webgate.ec.europa.eu/fpfis/wikis...