Proposal for an Effort Sharing Regulation 2021-2030

To whom it may concern,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents created from 1 January 2016 - present in relation to the Proposal for an Effort Sharing Regulation 2021-2030:

· Correspondence between European Commissioner for Agriculture and Rural Development, Phil Hogan and the Irish government’s Minister for the Department of Communications, Climate Action and Environment (DCCAE), Denis Naughten in relation to the proposal;

· Correspondence between Phil Hogan and Aidan O'Driscoll, Secretary General of the Irish government’s Department of Agriculture, Food and the Marine (DAFM) in relation to the proposal

· Correspondence between Phil Hogan and Michael Creed, the Minister for DAFM in Ireland in relation to the proposal;

· Correspondence between staff of the European Commission's Directorate-General for Agriculture and Rural Development (DG AGRI) and the Irish government’s DCCAE AND/OR DAFM in relation to the proposal;

· Correspondence between Phil Hogan and the President and/or Director General of the Irish Farmers Association (IFA), in relation to the proposal;

· Correspondence between staff of DG AGRI and the IFA in relation to the proposal;

· A copy of the diary/agenda of Commissioner Phil Hogan covering the two-month period prior to each Inter-Service Consultation on the ESR proposal;

· Input of the DG AGRI for each Inter-Service Consultation on the ESR proposal

I wish to request the above information to be sent to me in electronic format.

If my request is denied in whole or part I ask that you contact me at the earliest possible date to provide assistance to amend my request if necessary, and justify any deletions by reference to specific exemptions of the act.

Please also confirm receipt of this request.

Yours Sincerely,

Niall Sargent

Direction générale de l’agriculture et du développement rural

Dear Mr. Sargent,

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:

http://ec.europa.eu/transparency/regdoc/...

Best regards,

Access to documents team

European Commission
DG Agriculture and Rural Development

Unit I.3
L130 4/59
B-1049 Brussels/Belgium

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Dear Agriculture and Rural Development,

In my initial request, I asked that the requested documents be sent to me in electronic format, as is my right under Regulation 1049/2001 if the information exists in this format.

If any of the requested information does not exist in electronic format, I would like to request that the paper documents are scanned and send to me electronically.

If this is not possible and it is determinded that it is still necessary for me to provide a postal address to proceed with my request, can you please provide an email address to which I can send my postal address, as y request is made through the public website - asktheeu.org - and I do not wish to share my address publicly.

Yours faithfully,

Niall Sargent

Direction générale de l’agriculture et du développement rural

Dear Mr Sargent,

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 at the e-mail address: [email 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,

Access to documents team

European Commission
DG Agriculture and Rural Development

Unit I.3
L130 4/59
B-1049 Brussels/Belgium

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Direction générale de l’agriculture et du développement rural

Dear Sir,

Thank you for your e-mail dated 30/01/2017. We hereby acknowledge receipt of your application for access to documents, which was registered on 01/02/2017 under reference number GestDem 2017/584.

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 22/02/2017. 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,

Access to documents team

European Commission
DG Agriculture and Rural Development

Unit I.3
L130 4/59
B-1049 Brussels/Belgium

Afficher les sections citées

EC ARES NOREPLY, Direction générale de l’agriculture et du développement rural

1 Attachment

Please find attached document Ares(2017)969381 regarding "Access to documents request-Devoid of purpose reply to Mr. Sargent - No GestDem No 2017/584" sent by Ms SAUZE-VANDEVYVER Nathalie on 22/02/2017.

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Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender SAUZE-VANDEVYVER Nathalie (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
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