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Improving Secondary Education in Malawi (ISEM)

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Dear International Cooperation and Development,

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:

Tender Documents for the Project Improving Secondary Education in Malawi (ISEM)

Yours faithfully,

Harald Andreesen

International Cooperation and Development

1 Attachment

Dear Mr Andreesen,

 

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:

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

 

Best regards,

 

[2]cid:image001.png@01D0F0A1.45A58260
European Commission
Directorate-General for International Development and Cooperation
Local Support and Logistics

B-1049 Brussels/Belgium

 

 

_________________________________________________________

 

 

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Dear International Cooperation and Development,

please send the document via Email

Yours faithfully,

Harald Andreesen

International Cooperation and Development

1 Attachment

Dear Mr Andreesen,

 

With respect to your questions regarding the provision of a postal address
(copied below), 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.

 

Thank you in advance.

 

Kind regards,

 

[1]cid:image001.png@01D0F0A1.45A58260
European Commission
Directorate-General for International Development and Cooperation
Local Support and Logistics

B-1049 Brussels/Belgium

 

 

 

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