Meeting between Commissioner Jourová and Minister Murphy of Ireland 18/3/15

La solicitud fue parcialmente exitosa.

A chara,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting the following documents:

* Minutes/notes of the meeting between Commissioner Věra Jourová and Irish Minister for European Affairs and Data Protection Dara Murphy on the 18th of March 2015.

* Any briefing materials prepared for, and any speaking notes used by, the Commissioner for the above meeting.

* All records (phone/email/letter/etc.) between the Commissioner and the Minister, or their offices, relating to the above meeting.

Is mise le meas,

Daniel Delaney

Justicia y Consumidores

Dear Mr. Delaney,
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,
JUST ACCCESS TO DOCUMENTS TEAM

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A chara,

Could you please tell me where I can read the procedural requirements which outline the need to include a postal address while requesting access to documents under Regulation 1049/2001?

My address is [postal address]

Is mise le meas,

Daniel Delaney

Justicia y Consumidores

Dear Sir,

Thank you for your e-mail dated 20/03/2015. We hereby acknowledge receipt of your application for access to documents, which was registered on 23/03/2015 under reference number GestDem 2015/1751.

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 16/04/2015. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,
JUST Access Documents team

Justicia y Consumidores

Dear Mr Delaney,

With respect to your questions regarding the provision of a postal address, 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.

Best regards
JUST ACCESS DOCUMENTS TEAM

Justicia y Consumidores

Dear Sir,

We refer to your e-mails dated 20/03/2015 and 24/03/2015 in which you make a request for access to documents, registered on 23/03/2015 under the reference number GestDem No 2015/1751 and on 25/03/2015 under the reference number GestDem No 2015/1975.

Both applications are currently being handled. However, we will not be in a position to complete their handling within the time limit of 15 working days, which expires on respectively on 16/04/2015 and 20/04/2015.

An extended time limit is needed as your 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 limits expire respectively on 08/05/2015 and 11/05/2015.

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

Yours faithfully,

JUST ACCESS DOCUMENTS TEAM

Justicia y Consumidores

1 Adjuntos

Dear Mr Delaney

For your information, please find attached a pre-copy of the reply to your request.
The documents that were released were sent to you by registered mail to your postal address.
Best regards

JUST ACCESS TO DOCUMENTS TEAM

A chara,

I am writing to you because I have not received the document that was due to be released to me under GestDem No 2015/1751. According to the pre-copy of the reply to that request, I was due to receive one document by post.

Could you kindly scan and send me that document by return email at your earliest convenience?

Is mise,

Daniel Delaney

Justicia y Consumidores

1 Adjuntos

Dear Mr Delaney,
The letter was sent per registered mail with acknowledgement of receipt on 12 May 2015.
It has come back, with the indication that it was not claimed at the post office.
We attach a scanned copy of the relevant information on the envelope.
As this may be due to an unforeseen problem from your side, we are sending again the letter, same way.

Yours sincerely,

JUSTICE ACCESS TO DOCUMENT TEAM

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