Member State reports under Article 118 of Control Regulation

La demande est partiellement réussie.

Dear Sir/Madam,

In accordance with Article 2 of Regulation 1049/2001 and Article 3 of Regulation 1367/2001, we would like to have access to all of the reports submitted by the Member States to the Commission in accordance with Article 118 of Regulation 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

In addition, we would like to have information on whether there are any ongoing Pilot cases or infringement procedures regarding the Member States’ obligations under Regulation 1224/2009.

Yours faithfully,

Anne Friel

EC ARES NOREPLY, Affaires maritimes et de la pêche

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2017)117848 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017/141

Sent by MARE ACCES DOCUMENTS <[DG MARE request email]>. All
responses have to be sent to this email address.
Envoyé par MARE ACCES DOCUMENTS <[DG MARE request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Madam,

 

Thank you for your e-mail dated 09/1/2017.  We hereby acknowledge receipt
of your application for access to documents, which was registered under
reference number GestDem 2017/141 - Ares (2017) 104362.

 

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
30/1/2017. 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,

 

MARE ACCESS TO DOCUMENTS
 
[6]cid:image001.gif@01D26AAA.5E8F4D40
European Commission
DG Maritime Affairs and Fisheries
Unit F.2 - Information, communication,
inter-institutional relations, evaluation and programming

 

 

Afficher les sections citées

EC ARES NOREPLY, Affaires maritimes et de la pêche

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2017)414530 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017 141 - Ares
(2017) 104362

Sent by MARE ACCES DOCUMENTS <[DG MARE request email]>. All
responses have to be sent to this email address.
Envoyé par MARE ACCES DOCUMENTS <[DG MARE request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Friel,

 

We refer to your e-mail dated 09/01/2017 in which you make a request for
access to documents, registered on 09/01/2017 under the above mentioned
reference number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 30/01/2017.

An extended time limit is needed as the documents requested originate from
Member States which must be consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 20/02/2017.

We apologize for this delay and for any inconvenience this may cause.

Best regards,

 

MARE ACCESS TO DOCUMENTS
 
[6]cid:image001.gif@01D1C7E5.E3498720
European Commission
DG Maritime Affairs and Fisheries
Unit F.2 - Information, communication,
inter-institutional relations, evaluation and programming

 

 

Afficher les sections citées

EC ARES NOREPLY, Affaires maritimes et de la pêche

39 Attachments

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2017)754995 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017/141 - Ares
(2017) 104362

Sent by MARE ACCES DOCUMENTS <[DG MARE request email]>. All
responses have to be sent to this email address.
Envoyé par MARE ACCES DOCUMENTS <[DG MARE request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Friel,

 

Thank you for your e-mail of 09/01/2017 applying for all reports
submitted by the Member States to the Commission in accordance with
Article 118 of Regulation 1224/2009 establishing a Community control
system for ensuring compliance with the rules of the common fisheries
policy.

We have requested the permission to release these reports to the
authorities of the Member States concerned.

Please find a copy of the requested reports from:

 

AUSTRIA Ares(2015)1502727

BELGIUM Ares(2015)3785378, (Ares(2015)1495667)

BULGARIA Ares(2015)3785434, (Ares(2015)1496454)

CYPRUS Ares(2015)3785479, (Ares(2015)1495769)

CZECH REPUBLIK Ares(2015)1879715

GERMANY Ares(2015)1491639, (Ares(2015)3785913)

DENMARK Ares(2015)1776263, (Ares(2015)3785884)

SPAIN Ares(2015)1959607

ESTONIA Ares(2015)1818448

FRANCE Ares (2015) 1531508

GREECE Ares(2015)1502625, (Ares(2015)3785966)

CROATIA Ares(2015)3786005

HUNGARY Ares(2015)1496334

IRELAND Ares(2015)2133902, (Ares(2015)3786095)

ITALY Ares(2015)1503173, (Ares(2015)2203594, Ares(2015)3786180)

LITHUANIA Ares(2015)3786241

LUXEMBOURG (Ares(2015)1879601)

LATVIA (Ares(2015)1495735

THE NETHERLANDS Ares(2015)1496489

POLAND Ares(2015)1503069, (Ares(2015)3786352)

PORTUGAL Ares (2015) 2388189

ROMANIA Ares(2015)1502820

SLOVENIA Ares(2015)1493190, (Ares(2015)3786444)

 

Please note that to date we have not yet received permission to release
the reports from Finland, Malta, Sweden and United Kingdom. We shall
transmit them to you as soon as we have received the Member States'
agreement to do so.

 

You may reuse the documents requested free of charge for non-commercial
and commercial purposes provided that the source is acknowledged, that you
do not distort the original meaning or message of the documents. Please
note that the Commission does not assume liability stemming from the
reuse.

 

On the ongoing cases, we can inform you that there are some cases of this
nature. In any event, the documents regarding these cases are, as you are
aware, covered by the provisions of Article 4 (2), third indent of
Regulation (EC) No 1049/2001.

 

Yours faithfully,

 

 

MARE ACCESS TO DOCUMENTS
 
[6]cid:image001.gif@01D277C1.E9286DA0
European Commission
DG Maritime Affairs and Fisheries
Unit F.2 - Information, communication,
inter-institutional relations, evaluation and programming

 

 

From: EC ARES NOREPLY [[7]mailto:[email address]]
Sent: Thursday, January 26, 2017 10:52 AM
To: [8][FOI #3715 email]
Subject: Ares(2017)414530 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017 141 - Ares
(2017) 104362

 

[9]Ares(2017)414530 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017 141 - Ares
(2017) 104362

 

Sent by MARE ACCES DOCUMENTS <[10][DG MARE request email]>. All
responses have to be sent to this email address.

Envoyé par MARE ACCES DOCUMENTS <[11][DG MARE request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

 

Dear Ms Friel,

 

We refer to your e-mail dated 09/01/2017 in which you make a request for
access to documents, registered on 09/01/2017 under the above mentioned
reference number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 30/01/2017.

An extended time limit is needed as the documents requested originate from
Member States which must be consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 20/02/2017.

We apologize for this delay and for any inconvenience this may cause.

Best regards,

 

MARE ACCESS TO DOCUMENTS
 
[12]cid:image001.gif@01D1C7E5.E3498720
European Commission
DG Maritime Affairs and Fisheries
Unit F.2 - Information, communication,
inter-institutional relations, evaluation and programming

 

 

Afficher les sections citées

EC ARES NOREPLY, Affaires maritimes et de la pêche

10 Attachments

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2017)887382 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017/141 - Ares
(2017) 104362

Sent by MARE ACCES DOCUMENTS <[DG MARE request email]>. All
responses have to be sent to this email address.
Envoyé par MARE ACCES DOCUMENTS <[DG MARE request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Friel,

 

Please find attached reports from:

 

FINLAND Ares(2015)1495875

UNITED KINGDOM Ares(2015)1818344

SWEDEN Ares(2015)1493628, Ares(2015)3786415 (PART I)

 

Please note that, we are still waiting for permission to disclose MT
document.

We shall transmit it to you as soon as we have received the agreement to
do so.

 

Best regards,

 

MARE ACCESS TO DOCUMENTS
 
European Commission
DG Maritime Affairs and Fisheries
Unit E.2 – Strategic Programming and Communication

From: EC ARES NOREPLY [mailto:[email address]]
Sent: Friday, February 10, 2017 5:29 PM
To: [FOI #3715 email]
Cc: MARE ACCES DOCUMENTS; PREISING Carmen (MARE)
Subject: Ares(2017)754995 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017/141 - Ares
(2017) 104362

 

[6]Ares(2017)754995 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017/141 - Ares
(2017) 104362

 

Sent by MARE ACCES DOCUMENTS <[7][DG MARE request email]>. All
responses have to be sent to this email address.

Envoyé par MARE ACCES DOCUMENTS <[8][DG MARE request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

 

Dear Ms Friel,

 

Thank you for your e-mail of 09/01/2017 applying for all reports
submitted by the Member States to the Commission in accordance with
Article 118 of Regulation 1224/2009 establishing a Community control
system for ensuring compliance with the rules of the common fisheries
policy.

We have requested the permission to release these reports to the
authorities of the Member States concerned.

Please find a copy of the requested reports from:

 

AUSTRIA Ares(2015)1502727

BELGIUM Ares(2015)3785378, (Ares(2015)1495667)

BULGARIA Ares(2015)3785434, (Ares(2015)1496454)

CYPRUS Ares(2015)3785479, (Ares(2015)1495769)

CZECH REPUBLIK Ares(2015)1879715

GERMANY Ares(2015)1491639, (Ares(2015)3785913)

DENMARK Ares(2015)1776263, (Ares(2015)3785884)

SPAIN Ares(2015)1959607

ESTONIA Ares(2015)1818448

FRANCE Ares (2015) 1531508

GREECE Ares(2015)1502625, (Ares(2015)3785966)

CROATIA Ares(2015)3786005

HUNGARY Ares(2015)1496334

IRELAND Ares(2015)2133902, (Ares(2015)3786095)

ITALY Ares(2015)1503173, (Ares(2015)2203594, Ares(2015)3786180)

LITHUANIA Ares(2015)3786241

LUXEMBOURG (Ares(2015)1879601)

LATVIA (Ares(2015)1495735

THE NETHERLANDS Ares(2015)1496489

POLAND Ares(2015)1503069, (Ares(2015)3786352)

PORTUGAL Ares (2015) 2388189

ROMANIA Ares(2015)1502820

SLOVENIA Ares(2015)1493190, (Ares(2015)3786444)

 

Please note that to date we have not yet received permission to release
the reports from Finland, Malta, Sweden and United Kingdom. We shall
transmit them to you as soon as we have received the Member States'
agreement to do so.

 

You may reuse the documents requested free of charge for non-commercial
and commercial purposes provided that the source is acknowledged, that you
do not distort the original meaning or message of the documents. Please
note that the Commission does not assume liability stemming from the
reuse.

 

On the ongoing cases, we can inform you that there are some cases of this
nature. In any event, the documents regarding these cases are, as you are
aware, covered by the provisions of Article 4 (2), third indent of
Regulation (EC) No 1049/2001.

 

Yours faithfully,

 

 

MARE ACCESS TO DOCUMENTS
 
[9]cid:image001.gif@01D277C1.E9286DA0
European Commission
DG Maritime Affairs and Fisheries
Unit E.2 - Information, communication,
inter-institutional relations, evaluation and programming

 

 

From: EC ARES NOREPLY [[10]mailto:[email address]]
Sent: Thursday, January 26, 2017 10:52 AM
To: [11][FOI #3715 email]
Subject: Ares(2017)414530 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017 141 - Ares
(2017) 104362

 

[12]Ares(2017)414530 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017 141 - Ares
(2017) 104362

 

Sent by MARE ACCES DOCUMENTS <[13][DG MARE request email]>. All
responses have to be sent to this email address.

Envoyé par MARE ACCES DOCUMENTS <[14][DG MARE request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

 

Dear Ms Friel,

 

We refer to your e-mail dated 09/01/2017 in which you make a request for
access to documents, registered on 09/01/2017 under the above mentioned
reference number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 30/01/2017.

An extended time limit is needed as the documents requested originate from
Member States which must be consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 20/02/2017.

We apologize for this delay and for any inconvenience this may cause.

Best regards,

 

MARE ACCESS TO DOCUMENTS
 
[15]cid:image001.gif@01D1C7E5.E3498720
European Commission
DG Maritime Affairs and Fisheries
Unit E.2 - Information, communication,
inter-institutional relations, evaluation and programming

 

 

Afficher les sections citées

EC ARES NOREPLY, Affaires maritimes et de la pêche

12 Attachments

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2017)887647 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017/141 - Ares
(2017) 104362 - SE PART II

Sent by MARE ACCES DOCUMENTS <[DG MARE request email]>. All
responses have to be sent to this email address.
Envoyé par MARE ACCES DOCUMENTS <[DG MARE request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Friel,

 

Please find attached PART II of report from SWEDEN.

 

Best regards,

 

 

 

MARE ACCESS TO DOCUMENTS
 
European Commission
DG Maritime Affairs and Fisheries
Unit E.2 – Strategic Programming and Communication

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D2892D.DA972D80
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. http://www.cc.cec/Ares/ext/documentInfoD...

European Commission
DG Maritime Affairs and Fisheries
Unit E.2 - Information, communication,
inter-institutional relations, evaluation and programming

3 March 2017

Dear Sir/Madam,
Subject: Confirmatory application in respect of the European Commission’s failure to provide all Member State reports submitted to the Commission in accordance with Article 118 of Regulation 1224/2009 and more detailed information on ongoing pilot cases

We are submitting this confirmatory application in relation to the Commission’s failure to give access to all of the Member State reports submitted to the Commission in accordance with Article 118 of Regulation 1224/2009 and more detailed information on related ongoing pilot cases.

On 9 January ClientEarth requested to have access to “all of the reports submitted by the Member States to the Commission in accordance with Article 118 of Regulation 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy”, as well as “information on whether there are any ongoing Pilot cases or infringement procedures regarding the Member States’ obligations under Regulation 1224/2009.”

The Commission responded on 26 January 2017, extending the deadline for a further fifteen working days because “the documents requested originate from Member States which must be consulted”.

On 10 February, the Commission sent its decision, stating that it could disclose the Article 118 reports in relation to all of the Member States, with the exception of Malta, Sweden, Finland and the UK, for the reason that these Member States had not yet provided permission for the documents to be released. The decision provided a list of the documents that were being disclosed. However, further inspection has revealed that not all of the documents listed have actually been provided (see below).

The decision also stated that there are ongoing pilot cases, but “the documents regarding these cases are, as you are aware, covered by the provisions of Article 4 (2), third indent of Regulation (EC) No 1049/2001.”
The Commission sent the relevant documents in respect of Sweden, Finland and the UK on 17 February. Again, not all of the listed documents were actually disclosed. The Maltese report has not yet been disclosed.

Missing documents for Denmark, Poland the UK

In its decision of 10 February, the Commission listed two documents in respect of Denmark, with references Ares(2015)1776263 and (Ares(2015)3785884). However, only one document has been provided, containing qualitative data. We do not know which Ares document is missing as the reference does not appear on the document itself. The quantitative data required under Annex XXXVII of Commission Implementing Regulation (EU) No 404/2011 is missing and so we wonder whether this information is in the missing Ares document.

This is also the case for the Polish report. The Commission’s decision listed two Ares documents for Poland, Ares(2015)1503069 and (Ares(2015)3786352). Only one has been provided, containing qualitative data. Again, the quantitative data required under Annex XXXVII of Commission Implementing Regulation (EU) No 404/2011 is missing.

Similarly, the UK document provided on 17 February only contains qualitative data. The quantitative data required under Annex XXXVII of Commission Implementing Regulation (EU) No 404/2011 is missing (although the Commission’s decision did not identify two separate Ares documents for the UK).
We assume that the missing quantitative data for Denmark, Poland and the UK is due to a simple oversight, in which case we invite the Commission to send the missing documents as soon as possible. If, however, the documents have been withheld, the Commission’s failure to communicate the grounds and reasons for doing so is in breach of Article 7(1) of Regulation 1049/2001 and Article 296 TFEU.

Missing documents for Malta – the Commission’s duty to carry out its own assessment

The Commission has yet to disclose the relevant documents from Malta, presumably for the reason that the Maltese Government has not yet provided its permission to disclose them.

When a document originates from a Member State, Article 4(5) of Regulation 1049/2001 states that "a Member State may request the institution not to disclose a document originating from that Member State without its prior agreement". However, it is settled case law of the European Court of Justice (see, case C-64/05 P Sweden v Commission) that Article 4(5) of Regulation No 1049/2001 does not confer on the Member State concerned a general and unconditional right of veto. Article 4(5) entitles the Member State to object to the disclosure of documents only on the basis of the substantive exceptions laid down in Article 4(1) to (3) and if it gives proper reasons for its position. The institution to which the request is made is still responsible for the lawfulness of the decision. Therefore, the Court has held that before refusing access to a document originating from a Member State, the institution must examine whether that State has based its objection on the substantive exceptions in Article 4(1) to (3) of Regulation No 1049/2001 and has given proper reasons for its position. In addition, the institution’s decision must make sure that the reasons exist and refer to them in its decision.

Contrary to this clear obligation, the Commission has simply relied on Malta’s lack of response to justify withholding the Maltese report. This is a breach of the case law referred to above, Article 7(1) of Regulation 1049/2001 and the duty to state reasons in Article 296 TFEU.

Obligation to actively disseminate the Member State reports

The Member State reports constitute "environmental information" as defined by Article (2)(1)(d) of Regulation 1367/2006 because they are information on measures regarding marine areas and biodiversity . The Commission is obliged to actively disseminate environmental information in line Article 5(2) and (3) of the Aarhus Convention. This obligation has been transposed into EU law by Article 4(1) of Regulation 1367/2006, which provides that "Community institutions and bodies shall organise the environmental information which is relevant to their functions and which is held by them, with a view to its active and systematic dissemination to the public". This should be done in a continuous and systematic manner in accordance with Articles 11(1), 11(2) and 12 of Regulation 1049/2001 through a public register of documents.

Article 4(2) of Regulation 1367/2006 lists more specific requirements on the type of documents that should be made accessible in the register, including progress reports on the implementation of EU environmental law, such as the Member State reports submitted under Article 118 of Regulation 1224/2009. Yet they are not published in the Commission’s register, or on DG MARE’s website. Therefore, we take this opportunity to ask the Commission to rectify this situation, by publishing the reports without delay.

Failure to grant access to basic factual information regarding ongoing pilot cases and failure to state reasons

In the request of 9 January 2016, ClientEarth asked for “information on whether there are any ongoing Pilot cases or infringement procedures regarding the Member States’ obligations under Regulation 1224/2009.” The Commission has failed to provide any information for the reason that they are covered by the exception in Article 4(2), third indent.

It should be noted that, in the context of a request for access to documents, the duty to state reasons in Article 296 TFEU entails that if an institution decides to refuse access to a document which it has been asked to disclose, it must provide a statement of reasons from which it is possible to understand and ascertain, first, whether the document requested does in fact fall within the sphere covered by the exception relied on and, second, whether the need for protection relating to that exception is genuine (see T‑110/03, T‑150/03 and T‑405/03 Sison v Council).

The Commission’s decision merely mentions that the documents fall within the scope of the exception in Article 4(2), third indent of Regulation 1049/2001 without giving any reasons that would allow ClientEarth to ascertain whether the need for protection is genuine.

Given the lack of reasons, it is difficult for ClientEarth to know why the exception has been applied. In these circumstances ClientEarth, assumes that the Commission is applying the exception in Article 4(2), third indent, by virtue of the general presumption recognised by the General Court in case T-518/12 Spirlea v Commission covering document relating to pilot cases. If this is indeed the case, the Commission has committed an error in applying the general presumption to all of the documents relating to pilot cases. In particular, the general presumption does not cover the partial disclosure of documents confirming the existence of specific pilot cases, the identity of the Member States involved and the legal provision than have been breached.

First, the Spirlea case, which is currently under appeal in case C-562/14 P Sweden v Commission, should be distinguished on the facts. In that case the requested documents concerned requests for information from the Commission to the Member State concerned, and the Member State's responses, within the structure of the Pilot procedure. It did not relate to basic factual information as is the case here. In addition, the General Court specifically stated that, “a EU institution which intends to rely on a general presumption must establish in each case whether the general considerations normally applicable to a particular type of document are in fact applicable to the document which it has been asked to disclose.” The Commission has not established that the general presumption applies to such basic factual information.

Indeed, by analogy, the Court of Justice has recognised a general presumption of confidentiality on the basis of Article 4(2), third indent, covering the documents related to the pre-litigation stage of infringement proceedings (C‑514/11 P and C‑605/11 P LPN and Finland v Commission). Nevertheless, it has never been the Commission’s policy to make the fact it has opened infringement proceedings confidential. See, for example the press releases issued detailing that formal letters of notice were sent in respect of Hungary’s breach of certain provisions of EU asylum law here and in respect of seven Member State’s breach of EU vehicle type approval legislation here). If the Commission does not consider it necessary to apply the general presumption to protect such information in the context of infringement proceedings, there is no reason why the same information should be protected in the context of pilot cases.

It should be noted that Advocate General Sharpston delivered her opinion in the Spirlea appeal which is currently pending before the Court of Justice, concluding that the General Court erred in law when it extended the scope of the general presumption to EU pilot cases: "I do not accept that the EU Pilot procedure in general constitutes a new sixth category of documents to which a general presumption against disclosure should apply. I believe that conclusion to be consistent with the requirement that such a general presumption must be interpreted and applied strictly, since it is an exception to the rule that the institution concerned is obliged to make specific and individual examination of every document which is the subject of an application for access under Regulation No 1049/2001 and, more generally, to the principle (underpinned by Article 15 TFEU and Article 42 of the Charter) that the public should have the widest possible access to the documents held by the EU institutions."

Finally, the requested information meets the definition of “environmental information” in Article 2(d) of Regulation 1367/2006, by virtue of the fact that it is information on measures relating to marine areas and biodiversity. It should be noted that Regulation 1367/2006 goes further than Regulation No 1049/2001 in that it guarantees access, not only to documents, but to information. Therefore, the Commission should provide information detailing the number of ongoing pilot cases in relation to Regulation 1224/2009, the Member States concerned and the precise legal provisions in question.
Yours faithfully,

Anne Friel
Lawyer - Environmental Democracy

t. +32 (0) 2 808 0172
ClientEarth, Rue du Trône, 60 (Box 11), 1050, Brussels

Affaires maritimes et de la pêche

1 Attachment

Dear Ms Friel,

 

Thank you for your email dated 03/03/2017, by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
MARE in reply to your initial application GestDem 2017/141.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 06/03/2017  (Ares(2017)1163326).

 

Your application will be handled within 15 working days (27/03/2017). In
case this time limit needs to be extended, you will be informed in due
course.

 

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. 

 

Best regards,

 

Bernadett BERCZELI

Access to Documents
[1]ec logo
European Commission
Secretariat General
Unit SG.B4 – Transparency

 

 

 

Afficher les sections citées

Please use this email address for all replies to this request:

[3][FOI #3715 email]

 

This message and all replies from Maritime Affairs and Fisheries will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[4]https://www.asktheeu.org/en/help/officers

 

 

-------------------------------------------------------------------

 

References

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2. mailto:[FOI #3715 email]
3. mailto:[FOI #3715 email]
4. https://www.asktheeu.org/en/help/officers

EC ARES NOREPLY, Affaires maritimes et de la pêche

5 Attachments

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2017)1302653 - FW: access to documents request - Member State
reports under Article 118 of Control Regulation - GestDem 2017/141

Sent by MARE ACCES DOCUMENTS <[DG MARE request email]>. All
responses have to be sent to this email address.
Envoyé par MARE ACCES DOCUMENTS <[DG MARE request email]>.
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Friel,

 

Please find attached MT document (Ares 2015 3786296) related to your
initial request.

 

As regards DK document Ares (2015)3785884, PL document Ares (2015)3786352
and UK document Ares (2015)1818344, please find attached full version of
them. Indeed, due of a clerical error you received these documents with
qualitative data only. We apologize for this inconvenience.

As regards the two Ares N° for some documents, we would like to inform you
that the first Ares N° corresponds to an initial document sent by Member
States but which was incomplete. The second Ares N° corresponds to the
same document but completed by Member State at our request. It is this
document you received with the second Ares N°.

 

Best regards,

 

MARE ACCESS TO DOCUMENTS
 
European Commission
DG Maritime Affairs and Fisheries
Unit E.2 – Strategic Programming and Communication

References

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3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. http://www.cc.cec/Ares/ext/documentInfoD...

Dear EC ARES NOREPLY,

Thank you for the additional documents provided. However, there seems to be a problem with the formatting of the UK document Ares (2015)1818344. Some of the columns are missing. If this is an oversight, could you please send a complete copy? If it is not an oversight, could you provide an explanation for providing only partial access?

Thank you also for the reply to our Confirmatory Application that was sent directly to my email address (Ref. Ares(2017)1632504). I'd be grateful if you could also upload it to to this portal.

Yours sincerely,

Anne Friel

Dear Maritime Affairs and Fisheries,

Thank you for the additional documents provided. However, there seems to be a problem with the formatting of the UK document Ares (2015)1818344. Some of the columns are missing. If this is an oversight, could you please send a complete copy? If it is not an oversight, could you provide an explanation for providing only partial access?

Thank you also for the reply to our Confirmatory Application that was sent directly to my email address (Ref. Ares(2017)1632504). I'd be grateful if you could also upload it to to this portal.

Yours faithfully,

Anne Friel

Affaires maritimes et de la pêche

2 Attachments

Dear Ms Friel,

 

Please find attached full version of the requested document.

 

Best regards,

 

MARE ACCES DOCUMENTS
 
[1]cid:image001.gif@01D2C03E.37B8D0D0
European Commission
DG Maritime Affairs and Fisheries
Unit E.2 – Strategic Programming and Communication

 

 

 

Afficher les sections citées

Anne Friel,

2 Attachments

Dear Ask the EU Team,

 

I made an access to documents request through your portal (see:
[1]https://www.asktheeu.org/en/request/memb...).
However, rather than posting its response to my confirmatory application
in the portal, the Commission sent it directly to my email address. For
the sake of completeness, I would prefer for the Commission’s confirmatory
decision to appear with the other correspondence in the portal. It is
attached to this email.

 

Kind regards,

Anne Friel
Lawyer/ Juriste, Environmental Democracy
[2]ClientEarth.org
t. +32 (0) 28 08 0172
ClientEarth, 60 Rue du Trône (Box 11), Brussels, 1050

[3]email | [4]website | [5]newsletter | [6]blog | [7]facebook |
[8]twitter

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Queen Street Place, London EC4R 1BE, with a registered branch in Belgium,
N° d'enterprise 0894.251.512, and with a registered foundation in Poland,
Fundacja ClientEarth Poland, KRS 0000364218.

 

References

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