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Access to comments of national governments re. a draft Implementing Regulation (SANTE/10938/2021)

Nous attendons Alice Bernard de lire les réponses récentes et mettre à jour le statut.

Dear Health and Food Safety,

Under the right of access to documents under Regulation 1049/2001, on behalf of ClientEarth, I am requesting documents which contain the following information: any comments from national representatives submitted to the Commission on the draft Commission Implementing Regulation (EU) as regards the content and format of the records of plant protection products to be kept by professional users pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council (SANTE/10938/2021), including if they don't support this implementing Regulation.

For context, according to the summary records of the Standing Committee on Plants, Animals, Food and Feed (Section Phytopharmaceuticals - Legislation) meeting from 14-15 July 2022 point C01, "Member States were invited to comment on the draft and to inform if they cannot support the implementing Regulation by 2 September 2022". These are the comments we are interested in.

Many thanks in advance.

Kind regards,

Alice Bernard

SANTE-ACCESS-TO-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 04/10/2022 and registered on 05/10/2022 under case number 2022/5667.

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 Health and Food Safety - Access to Documents
European Commission

References

Visible links
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 [email address],

Apologies for the oversight. Here is the postal address of the organisation on the behalf of which I did this access to document request :
ClientEarth AISBL
Rue du trône 60
1050 Ixelles
Brussels

Yours sincerely,

Alice Bernard
[email address]

Mail Delivery System,

2 Attachments

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[email address]
host mxb-00244802.gslb.pphosted.com [185.183.28.74]
SMTP error from remote mail server after end of data:
550 5.7.1 Delivery not authorized. To contact the Commission, please send an email to:
[email address]

SANTE-ACCESS-TO-DOCUMENTS@ec.europa.eu, Santé et sécurité alimentaire

1 Attachment

Dear Madam,

 

This is a kind reminder of postal address request sent you on 5 October
2022 concerning your request for access to documents sent on 4 October
2022 and registered on 5 October 2022 under case number 2022/5667.

 

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.

 

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 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 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
(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,

 

 

SANTE ACCESS TO DOCUMENTS

European Commission
Health and Food Safety

 

 

 

 

Dear [email address],

I have sent the postal address as requested on 5 October but the message on the plateform apparently "failed". This is a technical issue on the side of the asktheeu website.

Here is, again, the postal address of the organisation on the behalf of which I did this access to document request :
ClientEarth AISBL
Rue du trône 60
1050 Ixelles
Brussels

Yours sincerely,

Alice Bernard
Senior Law and Policy Advisor, ClientEarth

SANTE-ACCESS-TO-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 04/10/2022 and registered on 14/10/2022 under the case number
2022/5667.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 08/11/2022. 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 Health and Food Safety - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Dear [email address],

I hereby withdraw the present access to document request.

Yours sincerely,

Alice Bernard
Senior Law and Policy Advisor
ClientEarth AISBL
Rue du trône 60, 1050 Brussels

Mail Delivery System,

2 Attachments

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[email address]
host mxa-00244802.gslb.pphosted.com [185.132.180.112]
SMTP error from remote mail server after end of data:
550 5.7.1 Delivery not authorized. To contact the Commission, please send an email to:
[email address]

Dear Health and Food Safety,

I hereby withdraw the present access to document request. I had already sent you a message last week to that effect but the "asktheeu" website seems to have had a technical issue again.

Could you please acknowledge receipt that this request has been withdrawn?
Many thanks.
Yours sincerely,

Alice Bernard
Senior Law and Policy Advisor
ClientEarth AISBL
Rue du trône 60, 1050 Brussels

SANTE-ACCESS-TO-DOCUMENTS@ec.europa.eu, Santé et sécurité alimentaire

Dear Madam,

We hereby acknowledge the receipt of your email for the request sent on 04/10/2022 and registered on 14/10/2022 under the case number 2022/5667.

Further to your withdrawal we have closed this case.

Kind regards.

SANTE ACCESS TO DOCUMENTS

European Commission
Health and Food Safety

Afficher les sections citées

Nous ne savons pas si la réponse la plus récente à cette demande contient l'information ou non – si vous etes Alice Bernard veuillez vous connecter et laisser nous savoir.