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EU Scientific Committee on Emerging and Newly Identified Health Risks review considering the Safety of surgical meshes used in urogynecological surgery

Nous attendons Tommy Kane de lire la réponse récent et mettre à jour le statut.

Dear Health and Consumers (SANCO),

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:

The terms of Reference re EU Scientific Committee on Emerging and Newly Identified Health Risks that is considering the Safety of surgical meshes used in urogynecological surgery

A list of all members who are in that review

A Register of Interests for the Review

A list of meetings that the Review has conducted and a list of prospective meetings. This should outline who attended this meeting and the date.

Any note or minutes of any meeting that has taken place.

A list of interviews that the review has conducted.

Correspondence between the Review and the MHRA in London and the Scottish Government in Edinburgh.

Yours faithfully,

Tommy Kane

Santé et sécurité alimentaire

Dear Mr Kane,

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 regards,

SANCO ACCESS TO DOCUMENTS

Afficher les sections citées

Dear Health and Consumers (SANCO),

I am slightly confused at your request for a postal address. I understand that according to Regulation 1049/2001 the applicant simply has to make a written request in any form, including electronic form. There is no further requirement to give any personal details nor to state reasons for the request. Article 6.1 of the Regulation says "Applications for access to a document shall be made in any written form, including electronic form, in one of the languages referred to in Article 314 of the EC Treaty." If not in electronic form is there any possibility that you can scan and e-mail?

If you cannot please let me know and at that point i shall send you a postal address.

Yours faithfully,

Tommy Kane

Santé et sécurité alimentaire

Dear Mr Kane,

With respect to your question regarding the provision of a postal address, please find our explanations below.

On 1 April 2014, the postal address became a mandatory feature for the purpose of introducing a request for access to documents.

The decision to ask for a postal address from applicants for access to documents was triggered by the following considerations:

• The need to obtain legal certainty as regards the date of receipt of the reply by the applicant under Regulation 1049/2001. Indeed, as foreseen by Article 297 of the Treaty on the Functioning of the European Union (TFEU), […] 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. Replies triggering the possibility for administrative or judicial redress are therefore transmitted via registered mail with acknowledgement of receipt. This requires an indication of a valid postal address by the applicant;

• The need to direct the Commission's scarce resources first of all to those requests which have been filed by "real" applicants. With only a compulsory indication of an e-mail address, applicants can easily introduce requests under an invented identity or under the identity of a third person. Asking for a postal address helps the Commission to protect the administration, as well as other citizens and legal persons, from abuse;

• For similar reasons, asking for a compulsory indication of a postal address enables the Commission services to verify whether Article 6(3) of the Regulation, on voluminous requests, is being evaded by introducing several requests under different identities. Indeed, in its Ryanair judgment, the General Court confirmed that Article 6(3) cannot be evaded by splitting the application into a number of applications. The Commission would like to point out that, in 2012/2013, it received some 57 confirmatory requests from what it suspects to be one single applicant operating under 13 different identities;

• Knowing whether the applicant is an EU resident in the sense of Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of correctly applying the exception in Article 4(1)(b) of Regulation 1049/2001 (protection of the privacy and integrity of the individual), which has to be interpreted in accordance with Data Protection Regulation 45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the level of protection afforded by the third country or international organisation when transmitting personal data to third-country residents or legal persons. It follows that, in case of requests for documents which include personal data, the correct application of the data protection rules cannot be ensured in the absence of a postal address enabling the Commission to ascertain that the minimum data protection standards will be respected.

All of these considerations show that the request for and the consequent processing of a 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 (a) of Data Protection Regulation 45/2001, namely providing a smooth and effective access to documents.

We therefore kindly reiterate our request to 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 for access as an initial application for access to documents in the meaning of Article 6(1) of Regulation 1049/2001. The deadline for handling your initial request shall run as from the moment of registration of your request following the submission of your postal address.

You may provide your postal address in electronic form.

Yours sincerely,

SANCO ACCESS TO DOCUMENTS

Afficher les sections citées

Dear Health and Consumers (SANCO),

My address is Tommy Kane, [postal address] [postal address]

Yours faithfully,

Tommy Kane

Santé et sécurité alimentaire

Dear Sir,

Thank you for your e-mails dated 09/10/2014 and 13/10/2014. We hereby acknowledge receipt of your application for access to documents, which was registered on 13/10/2014 under reference number GestDem 2014/4650.

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 03/11/2014. In case this time limit needs to be extended, you will be informed in due course.

You have lodged your application via the AsktheEU.org website. Please note that this is a private website which has no link with any institution of the European Union. Therefore the European Commission cannot be held accountable for any technical issues or problems linked to the use of this system.

Yours faithfully,

SANCO ACCESS TO DOCUMENTS

Santé et sécurité alimentaire

3 Attachments

Dear Mr Kane,

 

Please find attached an advanced copy of the reply to your request for
access to documents GESTDEM 2014/4650. The paper version of this decision
by DG SANTE (DG SANCO) will be sent to you shortly by registered mail.

 

With kind regards,

 

The SCENIHRs Secretariat

 

 

 

 

 

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