Report of the Technical Assistance to support implementation of the energy sector energy support reform - Arab Republic of Egypt
Dear International Cooperation and Development,
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:
Final report issued by Sofreco, the consultant awarded the contract for Technical Assistance to support implementation of the energy sector energy support reform - Arab Republic of Egypt (contractor number ENPI/2012/309-488).
I understand the contract end date was December 2014, hence, I presume the final report should have been issued by now.
In addition, please provide me with a copy of the updated energy strategy (up to 2035) and the 5 year action plan (white book) that were issued as part of Sofreco's scope of work.
I would also appreciate receiving links to any subsequent follow-up or project evaluation reports issued under the umbrella of the EU on the work/studies performed by Sofreco for the aforementioned contract.
Yours faithfully,
Ahmed Osama
Dear Mr Osama,
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.
Many thanks, kind regards,
NEAR ACCDOC
Dear International Cooperation and Development,
Thank you for your reply.
Please note that I was unaware of the requirement to provide my postal address as I understood that electronic (PDF) copies of the documents could be sent by e-mail (the registration process also did not request address details to be provided).
As I am wary to provide my postal address publicly, kindly provide an e-mail address that I can send all my address / contact details to.
For information, I am currently residing in Egypt.
Meanwhile, please note that I would certainly prefer receiving a soft copy of the requested documents by e-mail.
Yours faithfully,
Ahmed Osama
Dear Mr Osama,
Many thanks for your reply.
With respect to your question regarding the provision of a postal address, 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.
You can send your request also via the form:
https://ec.europa.eu/transparency/regdoc...
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.
Thank you in advance.
Kind regards,
NEAR ACCDOC
Dear International Cooperation and Development,
Thank you for your feedback and clarification.
Please be advised that I have provided my full postal address through the link provided in your response (via the European Commission document request website).
Kindly check and advice in case any other information is required.
I understand that I will continue to receive updates regarding my request through this website (asktheeu), please advice otherwise.
Looking forward to receive the documents that I have requested.
Yours faithfully,
Ahmed Osama
Dear Mr Osama,
Thank you for providing your address. You have received automatic acknowledgements of receipt of your applications for access to documents, under reference number GestDem 2015/80 and 2015/5381.
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 06/11/2015. In case this time limit needs to be extended, you will be informed in due course.
Kind regards,
NEAR ACCDOC
Dear International Cooperation and Development,
Please advice the status of my request for data as I understood I should receive feedback within today (6 Nov 15).
Please note that my data request reference numbers are GestDem 2015/5380 and 2015/5381.
Yours faithfully,
Ahmed Osama
Dear Mr Osama,
Further to your two requests for access to documents, please find attached a reply letter to both requests.
Thank you very much, kind regards,
NEAR ACCDOC
Dear International Cooperation and Development,
Thank you for your reply.
Since I now understand that the contract awarded to Sofreco was extended, kindly clarify the expected contract end date since I would like to repeat my requests for the final report and strategy update documents (after the contract end date).
Yours faithfully,
Ahmed Osama