[1]RE: access to documents request - Successful MSCA funding applications
- Ares(2024)2642439  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr. Bruckner,

Thank you for your request for access to documents to European Research
Executive Agency - REA.

Registering and handling an access to document request requires that
requestors provide their full postal address. Unfortunately, you have not
yet indicated your postal address.

Therefore, we ask you to provide a full 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.
The deadline for REA handling your request shall run as from the moment of
registration of your request following the submission of your postal
address.

Kind regards,
REA ACCESS TO DOCUMENTS

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Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Access to documents request - Successful MSCA funding applications /
Ares(2024)2645282 - Ares(2024)2646237  (Please use this link only if you
are an Ares user – Svp, utilisez ce lien exclusivement si vous êtes un(e)
utilisateur d’Ares)

Dear Mr. Bruckner,

We refer to your request for access to documents submitted, via the
AsktheEU.org website, to the European Research Executive Agency (REA) on
8/4/2024. Your request has been registered by REA on 11/4/2024, after we
received your postal address, under reference number Ares(2024)2645282.

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
3/5/2024. In case this time limit needs to be extended, you will be
informed in due course.

Please note that you will receive the response to your request via an
email.

Regards,

REA ACCESS TO DOCUMENTS

For information related to the processing of your personal data by REA,
you may consult the relevant [5]Data Protection Notice

References

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4. https://webgate.ec.testa.eu/Ares/documen...
5. https://rea.ec.europa.eu/system/files/20...

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Request for clarification: Access to documents request - Successful
MSCA funding applications - Ares(2024)2865002  (Please use this link only
if you are an Ares user – Svp, utilisez ce lien exclusivement si vous êtes
un(e) utilisateur d’Ares)

Dear Mr Bruckner

We refer to your request for access to documents submitted, via the
AsktheEU.org website, to the European Research Executive Agency (REA),
registered by REA on 11/4/2024, after we received your postal address,
under reference number Ares(2024)2645282.

In your application you request:

1 - Copies of the 10 highest-scoring MSCA European Postdoctoral
Fellowships funding applications that were selected for funding in 2024
(Parts B1+B2 only) in the category environment and geosciences

2 - Copies of the 10 highest-scoring MSCA Global Postdoctoral Fellowships
funding applications that were selected for funding in 2024 (Parts B1+B2
only) in the category environment and geosciences

3 - Copies of the 10 highest-scoring MSCA (H2020-MSCA-IF-2018) Individual
Fellowship funding applications that were selected for funding in the
category environment and geosciences (or the closest equivalent)

4 - Copies of the 10 highest-scoring MSCA Doctoral Networks (or their
closest equivalent as of 2018) funding applications that were selected for
funding in 2018 in the category environment and geosciences (or the
closest equivalent)

5 - Copies of the 10 highest-scoring MSCA Staff Exchanges (or their
closest equivalent as of 2018) funding applications that were selected for
funding in 2018 in the category environment and geosciences (or the
closest equivalent)

In order to assess your request, could you please clarify the following:

-regarding points 4 and 5, of your request: could you please clarify if
you are referring to proposals submitted under the Call 2018?  or the to
the proposals submitted under the Call 2017 and selected for funding in
2018?

-regarding points 1, 2, of your request: could you please confirm that you
are referring to proposals submitted under the Call 2023 and selected for
funding in 2024 ?

In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of  Regulation (EC) No 1049/2001 [5]^^[1], the
deadline of 15 working days for handling your application is on hold and
 will continue running when we have received the requested clarifications.

Kind regards,

REA Access to Documents

────────────────────────

[6][1]             Official Journal L 345, 29.12.2001, p. 94.

References

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1. file:///tmp/cid:filelist.xml@01DA91B1.D3706B90
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4. https://webgate.ec.testa.eu/Ares/documen...
5. file:///tmp/foiextract20240418-2557376-1et6bb#_ftn1
6. file:///tmp/foiextract20240418-2557376-1et6bb#_ftnref1

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Request for access to documents - wide scope request: Request for fair
solution- Successful MSCA funding applications - Ares(2024)2949196 
(Please use this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Bruckner,

We refer to your request for access to documents, in accordance with
Regulation (EC) No 1049/2001 (the Regulation), that has been registered by
REA on 11/04/2024 under the reference number Ares(2024)2645282.

On 18/04/2024 we have requested a clarification regarding points 4 and 5
of your request and a confirmation on points 1 and 2.  On 21/04/2024, you
clarified that regarding points 4 and 5 of your request, you are referring
to proposals submitted under the Call 2017 and selected for funding in
2018 and for points 1 and 2 you refer to proposals submitted under the
Call 2023. As we have received your clarification the 15 working days for
handling your application is again running.

Furthermore, we would like to communicate that your application for access
to documents concerns a very large number of documents, which need to be
assessed individually. Such a detailed analysis cannot be carried out
within the normal time limits set out in Article 7 of Regulation.
Moreover, the handling of your request involves the assessment of
documents originating from third parties. The analysis of these documents,
together with the need to consult the concerned third parties in
accordance with Article 4(4) of the Regulation, cannot be expected to be
completed within the normal time limits set out in Article 7 of the
Regulation.

However, the Regulation also provides for a possibility to confer with
applicants in order to find a fair solution when an application concerns a
very large number of documents. Article 6(3) of the Regulation provides
that, in the event of an application relating to very large number of
documents, the institution concerned may confer with the applicant
informally with a view to finding a fair solution.

In accordance with the case law of the EU Courts, such a solution can only
concern the content, or the number of documents applied for, not the
deadline for replying[5]^^[1]. This means that the scope of the request
must be reduced in a way that would enable its treatment by REA within the
extended deadline of 15 + 15 working days.

Based on the above-mentioned provision, we would kindly ask you to specify
the objective of your request, your specific interest in the requested
documents[6]^^[2], and whether you could narrow down the scope of your
request (i.e., the subject matters and/or timeframe covered), to reduce it
to a more manageable number of documents.

The length of these documents varies widely, from 20 to 100 pages. A
reasonable estimate would be that the requested documents would be around
50 documents and represent at least 2600 pages ( please note that each
proposal contains 3 parts: A, B1 and B2 but we are not counting each part
as a document. We are counting one proposal- one document).

According to our first estimates and taking into account the other tasks
that the concerned staff are likely to have to deal with during the same
period (including other applications for access to documents), the
handling of your request, broken down as follows: retrieval and
establishment of a complete list of the identified documents; assessment
of the content of the documents in light of the exceptions of Article 4 of
the Regulation; third-party consultations under Article 4(4) of the
Regulation; final assessment of the documents in light of the received
comments; redaction of those parts of the documents to which one or
several exceptions apply; drafting of the reply; internal approval of the
draft decision on your request; preparation of the reply and of the
documents for dispatch (scanning of the redacted versions, administrative
treatment…) would be impossible within the remaining days from the
extended deadline of 30 working days counting from the date of
registration of you application.

It follows that, according to our estimates, a maximum of 9 documents
could possibly be dealt with within the remaining days from the extended
deadline of 30 working days counting from the date of registration of you
application (i.e. 11/04/2024) and considering the time the deadline of
your application was put on hold pending for your clarification.

To enable us to respect the time-limits of the Regulation 1049/2001, we
would like to ask you for a swift reply by email to this invitation to
propose a fair solution, within three working days at the latest.

In the absence of a reply within three working days, we will unilaterally
restrict the scope of your application to those parts that can be dealt
with within the extended deadline of 30 working days counting from the
registration of your application (11/4/2024) and taking into account the
period that deadline of you application was on hold.

Thank you in advance for your understanding.

Yours sincerely,

REA ACCESS TO DOCUMENTS

^^[1] Judgment of the Court of Justice of 2 October 2014 in case C-127/13,
Guido Strack v Commission, paragraphs 26-28.

^^[1] Ibid, paragraph 28; Judgment of the General Court (then 'Court of
First Instance') of 22 May 2012 in case T-344/08, EnBW Energie
Baden-Württemberg v Commission, paragraph 105.

────────────────────────

[7][1] Judgment of the Court of Justice of 2 October 2014 in case
C-127/13, Guido Strack v Commission, paragraphs 26-28.

[8][2] Ibid, paragraph 28; Judgment of the General Court (then 'Court of
First Instance') of 22 May 2012 in case T-344/08, EnBW Energie
Baden-Württemberg v Commission, paragraph 105.

References

Visible links
1. file:///tmp/cid:filelist.xml@01DA94D0.10DEB470
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
5. file:///tmp/foiextract20240422-3661489-e69lae#_ftn1
6. file:///tmp/foiextract20240422-3661489-e69lae#_ftn2
7. file:///tmp/foiextract20240422-3661489-e69lae#_ftnref1
8. file:///tmp/foiextract20240422-3661489-e69lae#_ftnref2

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]RE: Request for access to documents - wide scope request: Request for
fair solution- Successful MSCA funding applications - Ares(2024)2949196 -
Ares(2024)2974321  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Bruckner,

Many thanks for reducing the scope of your request as mentioned is your
message of yesterday here below.

We consider that the fair solution has been reached.

We will assess the documents and reply to your request by 30/5/2024.

Kind regards,

REA Access to Documents

( Please note that 9, 10 and 20 May are public holidays for staff)

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Dear Mr Brucker,

Please find attached the reply Ares(2024)3883643 to your request for access to documents submitted to the European Research Executive Agency (REA).

Please acknowledge receipt of this message by return email to [REA request email].

Kind regards,

REA Access to Documents