Log-list of our correspondance to and from DG Agri
Dear Sir/Madam,
Whereas:
- On May 28th, 2024, we transmitted three applications via three separate email messages for PGI protection of Mongolian Sustainable Cashmere (one application for each color we hold a Mongolian GI for: white, red, and black cashmere) from an email address of ours with domain "@sustainablecashmere.ngo" to the following email addresses of the EU Commission: "[email address]" and "[email address]."
- Minister Plenipotentiary Todaro Marescotti, head of the Directorate-General for Europe and International Trade Policy at the Italian Ministry of Foreign Affairs, the Italian Ambassador to Mongolia, and our consultant Dr. Rizzardo Cozzo were CCed in those May 28th email messages, which they all received.
- On May 30th, 2024, DG Agri transmitted to us an automated message confirming the opening of the registration procedure for Black Mongolian Sustainable Cashmere only, as currently shown online on the eAmbrosia system.
- On June 10th, 2024, we received from "[email address]" a PDF letter, which claimed DG Agri F3 did not receive the missing emails/application requests for PGI protection of white and red cashmere (letter Ares(2024)4170061).
- A certain Pacheco Valeri German seems to be the author of said letter, which suggests we need to reapply for the two applications that DG Agri F3 claims "were not submitted."
- Contrary to DG Agri F3, which claims not to have received our May 28th, 2024 email messages for PGI protection of white and red Mongolian Sustainable Cashmere which we sent to "[email address]", DG Agri-F Diego Canga Fano personally acknowledged a "read receipt" of our application emails on May 28th and 30th, 2024 (screenshot + digital receipts available upon yr. request).
In view of said circumstances, under the right of access to documents in the EU Treaties, as developed in Regulation 1049/2001, and/or article 15 of the Treaty on the Functioning of the European Union (TFEU), I hereby request access to the following documents which strictly pertain to our exchanges with the EU Commission:
(a) A list showing the subject of the message, the body, the names of the attachments, the email size, the date, and the hour of all the incoming email messages received by the EU Commission to any email box of the "@ec.europa.eu" domain, specifically including "[email address]" and "[email address]," from any of the email addresses of our domains : "@sustainablecashmere.ngo" and "@saldarini-italy.com", from January 1st, 2024, to June 12th, 2024.
(b) A list showing the subject of the message, the body, the names of the attachments, the email size, the date, and the hour of all the sent email messages sent by the EU Commission from any email box of the "@ec.europa.eu" domain, specifically including "[email address]" and "[email address]," to any of the email addresses of our domains : "@sustainablecashmere.ngo" and "@saldarini-italy.com", from January 1st, 2024, to June 12th, 2024.
I would prefer for this information to be sent to me in machine-readable electronic format, to both the email addresses provided below (the one "[email address]" sent "read receipts" to) .
Thank you.
Yours sincerely,
Laurence Vanderhaegen
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 12/06/2024 and registered on 20/06/2024 under case number 2024/3300.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• 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 [2]Data Protection Regulation (EU)
2018/1725. 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 [3]Regulation (EC) No 1049/2001. 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 ([4]EU:T:2010:511), 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.
Yours faithfully,
Directorate-General for Agriculture and Rural Development - Access to
Documents
European Commission
References
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1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Agriculture and Rural Development,
would you please note that my postal address is
Laurence Vanderhaegen, CEO
MNFPUG Sustainable Cashmere Srl
Via Borgovico, 223
22100 Como
Italy
Yours faithfully,
Laurence Vanderhaegen, CEO
MNFPUG Sustainable Cashmere Srl
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 12/06/2024 and registered on 20/06/2024 under the case number
2024/3300.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 11/07/2024. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Directorate-General for Agriculture and Rural Development - Access to
Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
