Meetings and correspondence between DG SANTE various organisations and persons
Dear Health and Food Safety,
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:
Details of any interactions - including but not limited to email correspondence and records of meetings between DG SANTE, Commissioner Kyriakides or any member of her cabinet; or Commissioner Von der Leyen or any member of her cabinet - with Michael Bloomberg personally or representatives of any of the following organisations during the 2019-2024 European Commission mandate:
1. Bloomberg Philanthropies
2. Vital Strategies (https://www.vitalstrategies.org/)
3. Bloomberg School of Public Health at Johns Hopkins University
4. The Examination (https://www.theexamination.org/)
5. The Bureau of Investigative Journalism (https://www.thebureauinvestigates.com/)
6. Any member of the Tobacco Control Research Group at the University of Bath
7. The Centre for Tobacco Free Kids
Yours faithfully,
Peter Beckett
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 29/08/2024 and registered on 29/08/2024 under case number 2024/4481.
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 Health and Food Safety - 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 Health and Food Safety,
The address is as follows:
[Personally Identifiable Information removed]
[Personally Identifiable Information removed]
[Personally Identifiable Information removed]
Yours faithfully,
Peter Beckett
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 29/08/2024 and registered on 30/08/2024 under the case number
2024/4481.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 20/09/2024. 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 Health and Food Safety - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr Beckett,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/4481.
Kind regards,
DG SANTE, Unit B4
Dear Mr Furtado,
I agree for the request to be treated as suggested in the letter attached to your email. I look forward to your response within 15 working days.
Yours faithfully,
Peter Beckett
Dear Mr Beckett,
We are writing concerning your request for access to Commission documents
registered on 30/08/2024 under case number 2024/4490.
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 20/09/2024. 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 11/10/2024.
We apologise for any inconvenience this may cause.
Kind regards,
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear Mr Beckett,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/4481.
Kind regards,
DG SANTE, Unit B4
Dear Health and Food Safety,
Thank you for your letter.
We do not accept that Article 7 (3) of the Regulation entitles you to extend the deadline more than once. You notified us of the first extension on 20th September.
This second extension is therefore contrary to the requirement that you handle requests for access to documents promptly.
Moreover, we do not consider the explanation provided detailed reasons for the extension as required by the regulation.
We await your full reply and disclosure as soon as possible, and in any event prior to the new deadline you have determined.
Yours faithfully,
Peter Beckett
Dear Mr Beckett,
Thank you for your e-mail, in response to our deadline extension for EASE 2024/4481.
Please note that to proceed with your request and in accordance with Article 6(2) of Regulation (EC) No 1049/2001, on 18 September we sent you a letter of clarification and we asked you if you agree that your application is construed as relating to the entity Tobacco Control Research Group at the University of Bath, rather than to the identified natural persons representing this entity. We informed you also that the 15 days deadline to reply to your request will start running only when you reply to our letter.
You replied on the same day, and the new deadline to reply was established for 9 October.
Subsequently, in our letter of 8 October, we informed you that 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. Therefore, in line with Article 7(3) of Regulation (EC) No 1049/2001, we needed to extend this time limit by 15 additional working days. The new time limit expires on 30 October 2024.
The deadline extension of 20 September, that you are referring to, is in relation of your two other access to documents requests 2024/4480 and 4482. This deadline, for both requests, was extended by the relevant letters of 19 September.
For these two cases, a response has been prepared and is currently in the workflow. The replies will be sent to you as soon as they are signed at the appropriate level.
On 20 September, you were also notified of a deadline extension for the case 2024/4890 handled by the Secretariat General.
We hope you will find this information helpful.
With kind regards,
SANTE ACCESS TO DOCUMENTS
Dear Mr Beckett,
We apologize for the delay in responding to your request. We are in the
process of consulting the third parties from which certain documents
originated.
Please rest assured that we are working to ensure feedback within the
shortest time possible.
Sincerely,
Dear Mr Beckett,
We acknowledge that the time limit to reply to your access to documents
request expires tomorrow and we apologize for the delay.
We would like to inform you that the reply has been prepared and will be
sent to you as soon as it is signed at the appropriate level.
Please be reassured that we are doing our utmost to provide you with the
reply as soon as possible.
Thank you very much for your understanding.
Kind regards,
SANTE B4 Secretariat
European Commission
DG Health and Food Safety
Unit B.4 – Health Promotion and Disease Prevention
Dear Mr Beckett,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/4490.
Kind regards,
Dear Mr Beckett,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/4490.
Kind regards,
Dear Health and Food Safety,
While I have received a response from the SG, I note that SANTE yet to provide a response. This is now a full week overdue.
I look forward to your response to my Access to Documents request.
Yours faithfully,
Peter Beckett
Dear Mr Beckett,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/4481.
Please acknowledge the receipt of this message by return email.
Kind regards,
DG SANTE, Unit B4