EEG expertise on third countries

La demande a été rejetée par Service juridique.

Enrique Broenstein

Dear Legal Service,

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:

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 expert report, legal opinion, evaluation matrix, checklist or other document, of any origin, regardless of its finalization (draft or final), that is available to the Board and that addresses the issue of third country (non-EU/EEA) compliance with the 'European Essential Guarantees', as described in Working Paper 237 (by the former Art. 29 Working Party) and most recently in EDPB Recommendation 02/2020. This request relates in particular to the United States of America, the People's Republic of China, the Federal Republic of India, and any other third country for which documents of the above type are already available.

Yours faithfully,

Enrique Broenstein

ve_sg.accessdoc (SG), Service juridique

1 Attachment

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

[5]Ares(2020)7047914 - RE: access to documents request - EEG expertise on
third countries - Gestdem 2020/7209

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 Sir,

Thank you for your request for access to documents.

Unfortunately, you have not indicated your postal address. This is
necessary  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.

Alternatively, you may use directly the electronic form available on the
Europa website:

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

 

For documents falling within the competences of the European Data
Protection Board, we kindly invite you to address your request directly to
this Board.

 

Best regards,

 

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[7]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[8][email address]

 

 

 

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Enrique Broenstein

Dear ve_sg.accessdoc (SG),

Thank you very much for your reply. Could please you indicate the legal basis for your request?
I would be rather interested in receiving a reply by electronic means.

Yours sincerely,

Enrique Broenstein

ve_sg.accessdoc (SG), Service juridique

1 Attachment

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

[5]Ares(2020)7051750 - RE: Ares(2020)7047914 - RE: access to documents
request - EEG expertise on third countries - Gestdem 2020/7209

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 Broenstein,

 

We requested you to provide a postal address and you replied the
following: “Could please you indicate the legal basis for your request?”.

 

Since 1 April 2014, the submission of a postal address became a mandatory
feature for the purpose of making an application for access to documents.
We would like to explain why we need your postal address in order to
register and handle your application for access to documents:

 

·         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 [6][1]. 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 [7][2].
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 [8][3], 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.

 

We therefore kindly reiterate our request to you to provide a full valid
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 for access as an initial application for access to documents in
the meaning of Article 6(1) of Regulation (EC) No 1049/2001. The deadline
for handling your initial request shall run as from the moment of
registration of your application following the submission of your postal
address.

 

Thank you in advance.

 

With kind regards,

 

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[9]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[10][email address]

 

 

 

 

[1]           Regulation (EU) 2018/1725 of the European Parliament and of
the Council of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and
repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L
295, 21.11.2018, p. 39 (hereafter referred to as ‘Data Protection
Regulation’).

2           Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.

3           Judgment of the General Court of 10 December 2010, Ryanair
Ltd v European Commission, T-494/08 to T-500/08 and T-509/08,
EU:T:2010:511, paragraph 34.

 

 

 

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Enrique Broenstein

Dear ve_sg.accessdoc (SG),

Thank you very much for your answer. I asked a very precise question about the legal basis for the collection of my postal address. You failed to answer it.

Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43. does NOT require me to provide a postal address. It is NOT a prerequisite for a FOI request. Please answer my request by electronic means.

If you continue to refuse and obstruct my legitimate FOI request, I will take further procedural steps. If you would like to save yourself some extra work caused by a court procedure in this matter, this would certainly be in both our interests.

Yours truly and very sincerely,

Enrique Broenstein

ve_sg.accessdoc (SG), Service juridique

1 Attachment

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

[5]Ares(2020)7077902 - RE: Internal review of access to documents request
- EEG expertise on third countries - Gestdem 2020/7209

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 Broenstein,

 

The Commission's policy is to only handle applications from applicants who
submitted a proper postal address, based upon the legal basis which we
referred to in our e-mail dated 24 November 2020.

 

We therefore kindly reiterate our request to you to provide a full valid 
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 for access as an initial application for access to documents in 
the meaning of Article 6(1) of Regulation (EC) No 1049/2001. The deadline 
for handling your initial request shall run as from the moment of 
registration of your application following the submission of your postal 
address.

 

Without proper postal address, we regret to have to inform you that we
will be unable to process your request.

 

Thank you for your understanding.

 

Yours sincerely,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[7][email address]

 

 

 

 

 

Afficher les sections citées

Enrique Broenstein

Dear Legal Service,

I request an internal review. Your practice to request a postal address is in breach of Regulation (EC) No 1049/2001.

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 'EEG expertise on third countries'.

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

Yours faithfully,

Enrique Broenstein

ve_sg.accessdoc (SG), Service juridique

1 Attachment

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

[5]Ares(2020)7435151 - Re: Internal review of access to documents request
- EEG expertise on third countries

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 Broenstein,

 

Thank you for your e-mail of 25 November 2020 by which you request,
pursuant to Regulation No 1049/2001 regarding public access to European
Parliament, Council and Commission documents, a review of your access to
documents request concerning EEG expertise on third countries.

 

We hereby acknowledge receipt of this e-mail by virtue of the [6]Code of
Good Administrative Behaviour, as we are unable to process requests under
Regulation (EC) No 1049/2001 without proper postal address.

 

In our e-mails of 24 and 25 November 2020 we explained that, since 1 April
2014, the submission of a postal address became a mandatory feature for
the purpose of making an application for access to documents.

 

We therefore kindly reiterate our request to you to provide a full valid
postal address. Once we receive your postal address, we will register your
initial request for access to documents in the meaning of Article 6(1) of
Regulation (EC) No 1049/2001. The deadline for handling your initial
request shall run as from the moment of registration of your application
following the submission of your postal address.

 

Yours sincerely,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[7]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[8][email address]

 

 

 

Afficher les sections citées

Enrique Broenstein

Dear ve_sg.accessdoc (SG),

You have not provided any valid argument at all. Your actions are abusive. You are doing a disservice to Freedom of Information -- and you know it very well.

Again, Regulation (EC) No 1049/2001 does NOT require me to provide a postal address. It is NOT a prerequisite for a FOI request. It is NOT at all up to you, the EU Commission, to unilaterally impose additional requirements. The rule of law, which you like to check at member states, seems to be something you guys can't keep yourself.

Please answer my request by electronic means -- and would you please stop unlawfully delaying my request?

Yours sincerely,

Enrique Broenstein

ve_sg.accessdoc (SG), Service juridique

1 Attachment

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

[5]Ares(2020)7660133 - RE: Internal review of access to documents request
- EEG expertise on third countries - Gestdem 2020/7209

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 Broenstein,

 

Thank you for your e-mail of 8 December 2020.

 

On 24 November 2020, you made a request under the right of access to
documents in the EU treaties, as developed in Regulation 1049/2001. We
replied to this message the same day, asking you to provide us with your
postal address.

 

Following your second e-mail of 24 November 2020, we explained, in our
e-mail of the same day, why, since 1 April 2014, the submission of a
postal address became a mandatory feature for the purpose of making an
application for access to documents.

 

In reply to your third e-mail of 24 November, we confirmed the need for a
postal address in our e-mail of 25 November 2020, referring to the
explanations provided in our previous e-mail of 24 November 2020.

 

On 3 December 2020, you filed a confirmatory application. As your
application has not been dealt with yet at the initial level pending the
receipt of your postal address, your message of 3 December 2020 cannot be
considered a confirmatory application in the meaning of Article 7(2) of
Regulation (EC) No 1049/2001. We therefore acknowledged receipt of this
e-mail by virtue of the Code of Good Administrative Behaviour on 8
December and reiterated our request for a postal address.

 

We can only confirm the information provided in our previous e-mails and
kindly reiterate our request to you to provide a full valid 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
for access as an initial application for access to documents in  the
meaning of Article 6(1) of Regulation (EC) No 1049/2001. The deadline for
handling your initial request shall run as from the moment of registration
of your application following the submission of your postal address.

Without proper postal address, we regret to have to inform you that we
will be unable to process your request.

 

Thank you for your understanding.

 

Yours sincerely,

 

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[7][email address]

 

 

 

 

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