Eoin O'Malley's speeches

La demande a été rejetée par Commerce.

Dear Trade (TRADE),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting all speeches and other policy documents which have been authored, or contributed to, by Eoin O'Malley since he joined DG Trade in June 2010.

Yours faithfully,

Vicky Cann

Dear Ms Cann,

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:
http://ec.europa.eu/transparency/regdoc/...

Best,
DG Trade

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Dear Trade (TRADE),

Thank you for your response, in which you ask for my postal address, which you state is "required" for registering and handling my request in line with the "procedural requirements".

I would like this to be considered as a confirmatory application against your refusal to process my request without a postal address.

The right of access to EU documents is a fundamental right enshrined in Article 42 of the Charter of Fundamental Rights and set out in Article 15 of the Treaty on the Functioning of the European Union. My request was made in exercise of that right.

Article 15 of the TFEU makes clear that the principles for and limits on exercise of the right of access to documents “shall be determined by the European Parliament and the Council, by means of regulations, acting in accordance with the ordinary legislative procedure” and that any Rules of Procedure adopted by the institutions, bodies, offices and agencies of the EU must be “in accordance with [these] regulations.” The Regulation currently in force is Regulation 1049/2001.

According to Regulation 1049/2001, the only things which may be "required" of an applicant in order for a request to be registered are found in Article 6.1, which includes an exhaustive list: applications must be made in "any written form", in one of the official languages, and in a "sufficiently precise manner to enable the institution to identify the document". I have met all of these requirements.

At no point does the Regulation mention that the requester must provide his or her postal address before the request can even be registered.

Indeed, since it was adopted in 2001, many requesters have exercised the right to documents under this Regulation without the need to provide a postal address.

Furthermore, the Regulation states that requests for access to documents should be handled "promptly" and in Article 15 there is an explicit reference to the need to "develop good administrative practices in order to facilitate the exercise of the right of access guaranteed by this Regulation."

The refusal to register a request if the citizen involved does not provide a postal address is contrary to the principles of good administration which require that officials “shall in particular avoid restricting the rights of the citizens … when those restrictions … are not in a reasonable relation with the purpose of the action pursued” (Code of Good Administrative Behaviour, Article 6). Delaying registering a request for want of a postal address in the 21st Century when emails are a common means of communicating with public administrations is an unnecessary impediment. It also serves to delay the processing of requests sent to the institutions, which constitutes an unreasonable and disproportionate impediment to the exercise of the fundamental right of access to EU documents.

Finally, in your response you have not indicated which "procedural requirements" you are referring to, which leaves me little certainty as to which procedural steps I now need to follow in order to exercise my right of access to documents. I am therefore requesting a copy of these requirements in order to know where I stand legally.

At the same time, since I am interested in obtaining the documents requested and have already been waiting for a response to my request since 14 August, please find Access Info's postal address below, as I do not consider it reasonable or appropriate to have to provide my personal details to the European Commission before you will process a request to exercise my fundamental rights:

Vicky Cann
c/o Access Info
Cava San Miguel 8 4C
Madrid
28005
Spain

I look forward to your prompt response.

Yours faithfully,

Vicky Cann

Dear Trade (TRADE),

Here is my postal address:

Corporate Europe Observatory
Rue d'Edimbourg 26
Bruxelles 1050
Belgium

Yours faithfully,

Vicky Cann

Dear Ms Cann,

Thank you for your postal address, we will use it as well for you second request, introduced on the same date.

Your request for access to documents has been registered with ref number GestDem 2014/3863. This message is an acknowledgement of receipt.
In accordance with Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents, you will receive a reply within 15 working days (18/09/2014).

Yours faithfully,

DG Trade
European Commission

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