Dear Trade,

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:

Any and all document/information identifying the sanctions/penalties imposed by Member States in the event of breach of any relevant provision of Council regulation (EC) No 428/2009 (as provided by Article 24 thereof).

Yours faithfully,

Jeremie Charles

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Dear Mr Charles,

 

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:

[1]http://ec.europa.eu/transparency/regdoc/...

 

Yours sincerely

 

Access To Documents Team

 

 

[2]cid:image001.png@01D4023D.A253AB80

European Commission 

DG TRADE

 

 

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Dear Trade,

My postal address is 23 rue de la science, 1040 Bruxelles.

Yours faithfully,

Jeremie Charles

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Dear Mr Charles,
 
Thank you for your e-mail of this morning on 25/06/2018 confirming your
postal address.  In line with the procedural requirements to provide a
postal address, we are now able to acknowledge receipt of your application
for access to documents and hereby register it  on this same day under
reference number GestDem 2018/3266.
 
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
16/07/2018. 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.
 
Please note also that the European Commission is not responsible for any
possible processing of personal data by the private organisation running
the AsktheEU.org website, through which you have channelled your request.
Please refer to their privacy policy.
 
Yours sincerely,
 
Access To Documents Team
 
 
European Commission 
DG TRADE
 
 

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Dear Mr Charles,

We refer to your e-mail dated 14/06/2018 in which you make a request for
access to documents and registered on 26/06/2018 under GestDem reference
number 2018/3266.

Your application is currently being handled. However, due to the heavy
workload on a large number of requests we will not be in a position to
complete the handling of your application within the time limit of 15
working days, which expires today.

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 06/08/2018.

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

Yours sincerely,

Access To Documents Team

 

European Commission 

DG TRADE

 

 

 

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Dear Mr Charles,

We refer to your request for access to documents GESTDEM 2018/3266.

We apologise for coming back to you only now but the documents identification process has revealed that this request might be not so straightforward as we firstly thought.

In order to provide the most complete answer we therefore invite you to provide us with more detailed information on the documents which you seek to obtain concerning dates or periods during which the documents would have been produced.

Thank you in advance for this additional clarification

Kind regards

DG TRADE
Access to documents Team

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Dear Madam, dear Sir,

Thank you for your email.

Article 24 of Council Regulation (EC) No 428/2009 (as amended) provides that "[e]ach Member State shall take appropriate measures to ensure proper enforcement of all the provisions of this Regulation [and in particular] lay down the penalties applicable to infringements of the provisions of this Regulation or of those adopted for its implementation." Article 25, in turn, provides that "[e]ach Member State shall inform the Commission of the laws, regulations and administrative provisions adopted in implementation of this Regulation, including the measures referred to in Article 24." It follows that the Commission has been informed by the Member States of the penalties applicable to infringements of Council Regulation (EC) No 428/2009 in their jurisdiction.

My request concerns (1) the most recent documents that each Member State sent to the Commission providing the penalties applicable to infringements of Council Regulation (EC) No 428/2009 in their jurisdiction pursuant to Article 25 thereof; and (2) any document drawn up by the Commission compiling the penalties applicable to infringements of Council Regulation (EC) No 428/2009 by Member State.

I Hope this helps. Please let me know if you have any further questions.

Best regards,

Jérémie Charles

EC ARES NOREPLY,

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Veuillez trouver ci-joint le document Ares(2018)4143655 concernant "Reply - GESTDEM 2018/3266 - Initial request" envoyé par M. DEMARTY Jean-Luc le 07/08/2018.

Please find attached document Ares(2018)4143655 regarding "Reply - GESTDEM 2018/3266 - Initial request" sent by Mr. DEMARTY Jean-Luc on 07/08/2018.

-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender DEMARTY Jean-Luc (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir DEMARTY Jean-Luc (mailto:[email address]).

Dear Trade,

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 'Member State penalties for breach of Regulation 428/2009'.

I have initially requested access to "any and all document/information identifying the sanctions/penalties imposed by Member States in the event of a breach of any relevant provision of Council Regulation (EC) No 428/2009 (as provided by Article 24 thereof). " I have since clarified that my request concerned (1) the most recent documents that each Member State sent to the Commission providing the penalties applicable to infringements of Council Regulation (EC) No 428/2009 in their jurisdiction pursuant to Article 25 thereof; and (2) any document drawn up by the Commission compiling the penalties applicable to infringements of Council Regulation (EC) No 428/2009 by Member State.

DG Trade responded that the Commission does not hold any of the requested documents. Article 25 Council Regulation (EC) No 428/2009 imposes a clear obligation on Member States to "inform the Commission of the laws, regulations and administrative provisions adopted in implementation of [Council Regulation (EC) No 428/2009, including the measures [to ensure proper enforcement of all the provisions of Council Regulation (EC) No 428/2009]." DG Trade's response indicates that the Member States have not met their obligation under Council Regulation (EC) No 428/2009 and that the Commission has no information on the applicable penalties for infringement of a piece of EU legislation. This appears unlikely.

I therefore hereby reiterate my request to be provided with "any and all document/information identifying the sanctions/penalties imposed by Member States in the event of a breach of any relevant provision of Council Regulation (EC) No 428/2009 (as provided by Article 24 thereof)," which is to say any document that provides the applicable Member State penalties for breaches of Council Regulation (EC) No 428/2009.

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

Yours faithfully,

Jeremie Charles

EC ARES NOREPLY,

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

[5]Ares(2018)4177567 - FW: Internal review of access to documents request
- Member State penalties for breach of Regulation 428/2009

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

Dear Sir,

Thank you for your email dated 07/08/2018 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 DG
TRADE in reply to your initial application GESTDEM 2018/3266.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 09/08/2018 (Ares(2018)4177509).

Your application will be handled within 15 working days (31/08/2018).  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 having provided 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,
Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

 

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EC ARES NOREPLY,

1 Adjuntos

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

[5]Ares(2018)4468957 - 1st holding letter - Charles - Gestdem 2018/3266

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

Dear Mr Charles,

I refer to your email of 7 August 2018, registered on 9 August 2018,
through 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 ('Regulation
1049/2001').

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements we need to carry out
a full analysis of your request in order to take a final decision and,
therefore, we are not in a position to reply to your confirmatory request
within the prescribed time limit expiring 2 August 2018.

Consequently, we have to extend the deadline for handling it by another 15
working days in accordance with Article 8(2) of Regulation 1049/2001. The
new deadline expires on 21 September 2018.

We apologise for any inconvenience this may cause.

Martine Fouwels

Deputy Head of Unit

 

[6]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

 

References

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2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

Dear Madam, dear Sir,

Please note that the European Commission has disclosed the documents it held regarding the applicable Member State penalties for breaches of EU economic sanctions (see GestDem 2018/3250 and 2018/3251). I therefore expect that your services will equally disclose any documents in their possession regarding the applicable Member State penalties for breaches of Regulation 428/2009 since there is no valid reason not do so so (as further made clear by the European Commission's disclosure of the applicable Member State penalties for breaches of EU economic sanctions).

Thank you very much in advance.

Yours sincerely,

Jeremie Charles

Mail Delivery System,

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This message was created automatically by mail delivery software.

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1 Adjuntos

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

[5]Ares(2018)4853155 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2018/3266

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

Dear Mr Charles,

 

I refer to your email of 7 August 2018, registered on 9 August 2018, in
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
1049/2001’). I also refer to our letter of 30 August 2018, by which the
time limit for replying to your confirmatory application was extended by
15 working days, pursuant to Article 8(2) of the Regulation. This extended
time limit expires on 21 September 2018..

 

I regret to have to inform you that we will not be able to respond within
the extended time-limit, as we have not yet finalised internal
consultations. I can assure you that we are doing our utmost 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. I apologise for any inconvenience this delay
may cause.

 

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

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

European Commission

Secretariat General

SG.B.4 – Transparency

 

References

Visible links
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2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

Dear Madam,

Thank you for your update. Could you please indicate a time frame within which I can expect to receive a response to my confirmatory application.

Yours sincerely,

Jeremie Charles

Mail Delivery System,

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Dear Jeremie Charles,
Please find attached a copy of the confirmatory decision taken on your
request for access to documents registered under Gestdem number 2018/3266,
adopted on 02/10/2018 in the above-mentioned case.
Please note that the Secretariat-General of the European Commission will
proceed with the formal notification of the decision in the coming days.
This copy is solely sent for your information and is not the formal
notification of the confirmatory decision.
 
Best regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[1][email address]
 
 
 

References

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