Greetings,

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. Memos, guidance, guidelines, or training material (or any other document) for staff on record creation and/or record keeping. I am particularly interested in documents that refer to creation/keeping of text messages.

2. Memos, guidance, guidelines, or training material (or any other document) for staff on the processing of access to information requests.

Yours faithfully,

Alexander Fanta
netzpolitik.org
Schönhauser Allee 6-7
10119 Berlin
Germany

RTD ACCESS DOCUMENTS, Recherche et de l’innovation

Dear Mr Fanta,

Thank you for your message of 25 April 2022. We hereby acknowledge receipt
of your application for access to documents, which was registered on 27
April under reference number GESTDEM 2022/2378.

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 19
May 2022. In case this time limit needs to be extended, you will be
informed in due course.

In accordance with Article 6(2) of Regulation (EC) No 1049/2001 regarding
public access to documents, we kindly ask you to provide us with more
detailed information on the documents you request under point No 2. In
particular, could you please clarify if you are requesting documents for
staff on the processing of only access to information requests or also
access to documents requests?

You have lodged your application via a private third-party 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.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data please visit our page
[1]https://ec.europa.eu/info/principles-and....

Yours sincerely,
DG RTD Access to Documents Team

***********************************************

Afficher les sections citées

RTD-ACCESS-DOCUMENTS@ec.europa.eu, Recherche et de l’innovation

Dear Mr. Fanta,

We refer to your e-mail of 25 April 2022 in which you make a request for access to documents, registered on 27 April under reference number GESTDEM 2022/2378.

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 will expire tomorrow 19 May 2022.

An extended time limit is needed as different Services are being 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 14 June 2022 and we are doing our best to have a reply sent to you as soon as possible.

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

Yours sincerely,

DG R&I Access to Documents Team
European Commission
DG Research and Innovation
Common Legal Support Service

Afficher les sections citées

RTD-ACCESS-DOCUMENTS@ec.europa.eu, Recherche et de l’innovation

1 Attachment

Dear Mr. Fanta,

 

We refer to your access to documents request received on 25 April 2022
(GestDem 2022/2378) concerning, following your clarification reply of 28
April, the following documents:

 

1. Memos, guidance, guidelines, or training material (or any other
document) for staff on record creation and/or record keeping. I am
particularly interested in documents that refer to creation/keeping of
text messages.

2. Memos, guidance, guidelines, or training material (or any other
document) for staff on the processing of access to document requests.

 

After having assessed your request and consulted various services, we
retrieved more than 60 documents, dated between 2013 and 2022,
corresponding to approximately 450 pages, which have to be assessed
individually on scope, potential exceptions under Article 4 of Regulation
1049/2001 and necessary redactions, before the preparation of the draft
reply and its formal approval. Such a detailed analysis cannot be carried
out within the normal time limits set out in Article 7 of Regulation (EC)
No 1049/2001.

 

In this context, Article 6(3) of Regulation 1049/2001 provides that in the
event of an application relating to very long documents, the institution
concerned may confer with the applicant informally, with a view to finding
a fair solution. In accordance with the case law of the EU Court, a fair
solution can only concern the content or the number of documents or
(pages) applied for, not the deadline for replying. This means that the
scope of your requests must be reduced in a way that would enable its
treatment within the extended deadline.

 

Based on the above, we would kindly ask you whether you could specify the
objective of your wide-scoped request and narrow down the scope of your
request, so as to reduce it to a more manageable number.

 

In order for us to treat the largest number and types of documents you
requested, while respecting the legal deadline in handling your
application, we propose to reduce the scope of your request to the
following:

 

a)       For the first part of your request and considering the specific
interest you mentioned:

- Training material, guidelines and guidance notes concerning registration
and archiving criteria for text messages and/or emails;

 

b)      For the second part of your request:

 

- Guidelines, guidance notes and training material for staff on processing
access to document requests; and

- Minutes and presentations relating to meetings on rules and practices on
processing access to documents from 2019 to 2022.

 

In order to enable us to provide you with a reply as soon as possible, we
would ask you for a swift response to our proposal for a fair solutions
within five working days at the latest, i.e. by 25/05/2022 by email to
[email address].

 

Please consider that in the absence of a reply within five working days,
we will be forced to unilaterally restrict the scope of your application
to those parts that can be dealt with within the extended deadline of 30
working days, counting from the registration of your application.

 

Thank you in advance for your cooperation.

 

Kind Regards,

 

RTD Access to documents

 

[1]cid:image001.gif@01D640D4.CBFA20E0

European Commission

DG Research and Innovation

Common Legal Support Service

 

ORBN 05

1049 Brussels/Belgium

[2][DG RTD request email]

 

[3]https://ec.europa.eu/research

 

 

 

Afficher les sections citées

Alexander Fanta

Dear [email address],

I agree with limiting the scope of my request as you proposed. Sorry for the late reply.

Yours sincerely,

Alexander Fanta

RTD-ACCESS-DOCUMENTS@ec.europa.eu, Recherche et de l’innovation

Dear Mr. Fanta,

We refer to your request for access to documents enclosed below, registered under the reference number in subject.

Unfortunately, we could not complete the handling of your application within the extended time limit of 30 working days, which expires today 14 June 2022, but we are doing our best to have a reply sent to you as soon as possible.

Please accept our sincerest apologies for this delay and for any inconvenience this may cause.

Yours sincerely,

RTD Access to documents

European Commission
DG Research and Innovation
Common Legal Support Service

ORBN 05
1049 Brussels/Belgium
[DG RTD request email]
https://ec.europa.eu/research

Afficher les sections citées

RTD ACCESS DOCUMENTS, Recherche et de l’innovation

17 Attachments

Dear Mr. Fanta,

Please find attached the reply to your access to documents request in subject.

According to the standard operational procedure, the reply should also be sent to you by registered post. However, due to the extraordinary health and security measures currently in force, which include the requirement for most Commission non-critical staff to telework, we are, unfortunately, not in a position to follow this procedure until further notice.

Therefore, we would appreciate if you could confirm receipt of the present email by replying to [DG RTD request email].

Thank you very much in advance,

R&I Access to documents

European Commission
DG Research and Innovation
Common Legal Support Service

ORBN 05
1049 Brussels/Belgium
[DG RTD request email]
https://ec.europa.eu/research