[1]Ares(2021)283549 - RE: access to documents request - funding at
European University Association

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

Dear Madam,
Thank you for your request for access to documents.
Unfortunately, you have not indicated your postal address. This is
necessary 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.
Alternatively, you may use directly the electronic form available on the
Europa website:
[2]http://ec.europa.eu/transparency/regdoc/...

Best regards,

Access to Documents Team

mostrar partes citadas

[1]Ares(2021)333252 - RE: Ares(2021)283549 - RE: access to documents
request - funding at European University Association

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

Dear Ms. Christen,

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. (Regulation (EU) 2018/1725 of the European Parliament and of
the Council of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and
repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L
295, 21.11.2018, p. 39 (hereafter referred to as ‘Data Protection
Regulation’).
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.
(Regulation (EC) No 1049/2001 of the European Parliament and of the
Council of 30 May 2001 regarding public access to European Parliament,
Council and Commission documents, OJ L 145, 31.5.2001, p. 43.) 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, 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. (Judgment of the
General Court of 10 December 2010, Ryanair Ltd v European Commission,
T-494/08 to T-500/08 and T-509/08, EU:T:2010:511, paragraph 34).

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.

Thank you in advance.

Kind regards,
Access to Documents Team

mostrar partes citadas