Dear Mr. Sabido,

In your e-mail of Tuesday 9 February 2021, you have requested access to
documents under Regulation (EC) No 1049/2001 of the European Parliament
and of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents.

Your request concerns :

1) all correspondence (including emails and attachments) between the
Permanent Representation of the Netherlands to the EU and stakeholders
regarding National Recovery and Resilience Plans and/or Recovery and
Resilience Funds up to the present day;

2) a list of all meetings between the Permanent Representation of the
Netherlands to the EU and stakeholders regarding National Recovery and
Resilience Plans and/or Recovery and Resilience Funds up to the present
day;

3) minutes of all meetings listed above.

I hereby would like to inform you that Regulation (EC) No 1040/2001 is
only applicable to documents held by an EU institution, that is to say,
documents drawn up or received by it and in its possession.

The Permanent Representation of the Netherlands to the European Union is
not an EU institution, but part of the Dutch government. Regulation (EC)
No 1040/2001 therefore does not apply to documents held by the Permanent
Representation. If you wish to maintain your request, I would advise you
to base your request on the Dutch Government Information (Public Access)
Act (Wob). You can address your Wob request to the Ministries that are
responsible for the relevant subject, in this case the Ministry of Finance
and the Ministry of Economic Affairs and Climate Policy.

Please do not hesitate to contact me should you have any further
questions.

Yours sincerely,

Liesbeth A Campo

  Liesbeth  A Campo

  Legal & Institutional Affairs

Permanent Representation of the Kingdom of the Netherlands to
the EU

Kortenberglaan 4-10 | 1040 Brussel | Belgium

Mail:   [1][email address]

________________________________________

Van: Pascoe Sabido

Verzonden: dinsdag 9 februari 2021 17:36:25 (UTC+01:00) Amsterdam,
Berlijn, Bern, Rome, Stockholm, Wenen

Aan: BRE-JIZ

Onderwerp: access to documents request - Meetings with stakeholders on
recovery funds

Dear Permanent Representation of the Netherlands to the EU,

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:

1) all correspondence (including emails and attachments) between the
Permanent Representation of the Netherlands to the EU and stakeholders
regarding National Recovery and Resilience Plans and/or Recovery and
Resilience Funds up to the present day;

2) a list of all meetings between the Permanent Representation of the
Netherlands to the EU and stakeholders regarding National Recovery and
Resilience Plans and/or Recovery and Resilience Funds up to the present
day;

3) minutes of all meetings listed above.

To the extent possible, I prefer the documents in electronic format.
Documents that cannot be sent in electronic format should be sent to the
address below.

Should my request be denied wholly or partially, please explain the denial
or all deletions referring to specific exemptions in the regulation. Also
I expect the partial release of documents, in case of partial exemption
according to article 4.6.

I reserve the right to appeal.

Yours faithfully,

Pascoe Sabido

Corporate Europe Observatory

Mundo-B

26 Rue d'Edimbourg

Bruxelles 1050

Belgium

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This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[2][FOI #9039 email]

If [3][Permanent Representation of Netherlands to the EU request email] is the wrong address for information requests to
Permanent Representation of Netherlands to the EU, please tell the
AsktheEU.org team on email [4][email address]

This message and all replies from Permanent Representation of Netherlands
to the EU will be published on the AsktheEU.org website. For more
information see our dedicated page for EU public officials at
[5]https://www.asktheeu.org/en/help/officers

Please note that in some cases publication of requests and responses will
be delayed.

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Dear Mr. Sabido,

Thank you for your e-mail. With regard to your request to proceed your
previous request under Regulation (EC) No 1367/2006 of the European
Parliament and of the Council of 6 September 2006 on the application of
the provisions of the Aarhus Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in Environmental
Matters to Community institutions and bodies (the “Aarhus Regulation”), I
would like to inform you that article 3 of that Regulation provides for
the application of Regulation (EC) 1049/2001 to any request by an
applicant for access to environmental information held by Community
institutions and bodies without discrimination as to citizenship,
nationality or domicile and, in the case of a legal person, without
discrimination as to where it has its registered seat or an effective
centre of its activities.

For the purposes of the Aarhus Regulation, the word “institution” in
Regulation (EC) 1049/2001 shall be read as “Community institution or
body”. Article 2(1)(c) of the Aarhus Regulation clarifies that  “
‘Community institution or body’ means any public institution, body, office
or agency established by, or on the basis of, the Treaty except when
acting in a judicial or legislative capacity. However, the provisions
under Title II shall apply to Community institutions or bodies acting in a
legislative capacity”.

The Permanent Representation of the Netherlands to the European Union is
not a Community institution or body within the meaning of the Aarhus
Regulation, but part of the Dutch government. Therefore, Regulation (EC)
1367/2006 also does not apply to documents held by the Permanent
Representation.

If you wish to maintain your request, I would like to refer to my previous
advise to base your request on the Dutch Government Information (Public
Access) Act (Wob), which you can address to the Ministries that are
responsible for the relevant subject, in this case the Ministry of Finance
and the Ministry of Economic Affairs and Climate Policy.

Yours sincerely,

Liesbeth A Campo

[1]cid:image001.jpg@01CE3773.18815960   Liesbeth  A Campo

  Legal & Institutional Affairs

Permanent Representation of the
Kingdom of the Netherlands to the
EU

Kortenberglaan 4-10 | 1040 Brussel
| Belgium

Mail:  
[2][email address]

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