Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 14/07/2023 and registered on 17/07/2023 under case number 2023/4128.

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 Neighbourhood and Enlargement Negotiations -
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 Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 14/07/2023 and registered on 17/07/2023 under the case number
2023/4128.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 07/08/2023. 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 Neighbourhood and Enlargement Negotiations -
Access to Documents
European Commission

References

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

Dear Ms Gallop,

We are writing concerning your request for access to Commission documents
registered on 17 July 2023 with reference number EASE 2023/4128.

Although you are requesting documents “under the right of access to
documents in the EU treaties, as developed in Regulation 1049/2001”, in
the second bullet point of your application you ask for “…the criteria
used by the EU Greening Facility and/or Western Balkans Investment
Framework to assess whether a gas pipeline project is hydrogen-ready”.

We are of the opinion that the second point of your request would be
better dealt as a request for information and could be transferred to the
relevant department of DG NEAR.

The main difference between request for information and request for access
to documents is that in a request for information, which is handled by the
unit in DG NEAR responsible for the concrete program/project you are
asking for, Colleagues can reply and provide concrete information to your
query. A request for information shall be handled under the [1]Code of
Good Administrative Behaviour.

On the other hand, in a request for access to documents under the
Regulation 1049/2001, DG NEAR will not provide concrete information but
will share documents, if they exist, that may match what you are asking
for. Please note that the Regulation 1049/2001 concerns only documents in
possession of the Commission and does not require the Commission to create
new documents in order to meet a given request, not even by compiling
information from other existing documents.

We would be grateful if you could inform us if you agree to treat the
second point of your request as a request for information as soon as
possible and in any case within five working days upon receipt of this
letter.

Thank you very much.

Best regards,

NEAR ACCDOC Team

References

Visible links
1. https://ec.europa.eu/info/sites/default/...

Dear Ms Gallop,

We are writing concerning your request for access to Commission documents
registered on 17/07/2023 under case number 2023/4508.

We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring on 07/08/2023.

The application concerns documents held by different Services, which must
be consulted.

Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 29/08/2023

We apologise for any inconvenience this may cause.

Kind regards,

DG ENER Access to Documents Team

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...

Dear Ms Gallop,

We are writing concerning your request for access to Commission documents
registered on 17/07/2023 under case number EASE 2023/4128.

The reply to your request has been drafted and is pending approval by DG
NEAR's hierarchy.

Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 29/08/2023.

We apologise for any inconvenience this may cause.

Kind regards,

NEAR ACCDOC Team

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...

Dear Ms Gallop,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4128.

Please acknowledge the receipt of this message by return email.

Kind regards,

NEAR ACCDOC Team

Dear Ms Gallop,

Please find attached the reply to your request for access to documents,
registered under reference EASE 2023/4128.

According to standard operational procedure, the reply is usually also
sent to you by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during to
the COVID-19 epidemics, which include the requirement for all Commission
non-critical staff to telework, we are unfortunately not in a position to
follow this procedure until further notice.

We would therefore appreciate if you could confirm receipt of the present
e-mail by replying to [1][DG NEAR request email]

Thank you in advance.

Best regards,

European Commission

DG Neighbourhood and Enlargement Negotiations

NEAR Access to Documents

[2][DG NEAR request email]

References

Visible links
1. mailto:[DG NEAR request email]
2. mailto:[DG NEAR request email]

Dear Ms Gallop,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4128.

Please acknowledge the receipt of this message by return email.

Kind regards,

NEAR ACCDOC Team

Dear Ms Gallop,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4128.

Please acknowledge the receipt of this message by return email.

Kind regards,

NEAR ACCDOC Team

Dear Ms Gallop,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4128.

Please acknowledge the receipt of this message by return email.

Kind regards,

NEAR ACCDOC Team

Dear Ms Gallop,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4128.

Please acknowledge the receipt of this message by return email.

Kind regards,

NEAR ACCDOC Team

Dear Mrs Gallop,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4508.

Please acknowledge the receipt of this message by return email.

Kind regards,

ENER C4 ACCESS DOCUMENTS TEAM