Dear Research and Innovation,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting the responses/submissions to the Public stakeholder consultation – Interim evaluation of Joint Undertakings operating under Horizon 2020.

My understanding is that responses to Commission public consultations should be made publicly available on the relevant consultation page, which in this case, is at http://ec.europa.eu/research/consultatio... . Unfortunately, there is only a synopsis report available on this page; there is a section titled 'View the contributions' which refers to the publishing of submissions, but there are no documents or links provided to submissions. If, however, the consultation responses are published elsewhere on the Commission's website, I'd kindly request you to direct me to them.

I look forward to your prompt response.

Your sincerely,

Rachel Tansey

Postal Address:
Corporate Europe Observatory
Rue d'Edimbourg 26
1050 Brussels
Belgium

ve_rtd.access documents (RTD), Direction générale de la recherche et de l’innovation

[1]Ares(2019)2928613 - Your application for access to documents request -
Acknowledgment of receipt - GestDem 2019/2597

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Madam,

Thank you for your e-mail dated 30/04/2019. We hereby acknowledge receipt
of your application for access to documents, which was registered on
02/05/2019  under reference number GestDem 2019/2597.

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
24/05/2019. 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 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 European Commission. For further information
on your rights, please refer to the third party’s privacy policy.

We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European 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 your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

Yours faithfully,

RTD Access to documents
European Commission
DG Research & Innovation
Common Legal Support Service
ORBN
1049 Brussels/Belgium
[email address]

Afficher les sections citées

ve_rtd.access documents (RTD), Direction générale de la recherche et de l’innovation

1 Attachment

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

[5]Ares(2019)3142095 - Your application for access to documents request -
GestDem 2019/2597 - proposal for a fair solution under Article 6(3) of
Regulation 1049/2001

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Tansey,

               

We refer to your e-mail dated 30 April 2019 in which you make a request
for access to documents, registered on 02 May 2019 under the above
mentioned reference number.

 

In your request you are asking for the ‘responses/submissions to the
Public stakeholder consultation – Interim evaluation of Joint Undertakings
operating under Horizon 2020’.

 

Please note that the public consultation on the Joint Undertakings (JUs)
as part of the Interim evaluation of Article 187 initiatives you are
referring to covers seven (7) JUs in the areas of transport (CleanSky2,
Shift2Rail and SESAR), transport/energy (FCH2), health (IMI2), bio-economy
(BBI) and electronic components and systems (ECSEL).

 

Following a preliminary search for documents falling under the scope of
your request, we have identified the following:

 

·       73 respondents to approximately 70 questions in the public
consultation regarding Shift2Rail Joint undertaking

·        68 respondents to approximately 60 questions in the public
consultation regarding SESAR Joint undertaking

·       373 respondents to approximately 70 questions in the public
consultation regarding FCH Joint undertaking

·       144 respondents to approximately 80 questions in the public
consultation regarding BBI Joint undertaking

·       93 respondents to approximately 70 questions in the public
consultation regarding IMI Joint undertaking

·       90 respondents to approximately 70 questions in the public
consultation regarding ECSEL Joint undertaking

·       130 respondents to approximately 70 questions in the public
consultation regarding Clean Sky Joint undertaking

 

Please note that the questions in the public consultation were divided
into several parts according to the subject matter (i.e. Part A: Details
about the respondent; Part B: European added value; Part C: Openness –
Transparency;  Part D: Relevance – Coherence – Effectiveness; Part E:
Efficiency), for further details you can find the full questionnaire here:
[6]http://ec.europa.eu/research/consultatio...
.

 

Given the high number of respondents concerned by your wide-scope request,
the research and analysis of documents which could fall within the scope
of your requests cannot be expected to be completed within the normal time
limits set out in Article 7 of Regulation 1049/2001.

Article 6(3) of Regulation 1049/2001 provides that in the event of an
application relating to a very long document, 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 applied for, not the
deadline for replying, therefore the European Commission no longer
proposes handlings of wide scope requests via batches. This means that the
scope of your request must be reduced in a way that would enable its
treatment within the extended deadline of 15+15 working days.

 

Based on the above, we kindly invite you to specify the objective of your
request and your specific interest in the documents requested, i.e.
whether you are interested in a specific JU and/or in a specific
topic/part of the questions in the consultation.

 

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, by 20 May 2019.

In the absence of a reply within five working days, we will need 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.

 

If you need assistance in clarifying or specifying your application, you
can contact us by email to: [7][email address].

 

Thank you in advance for your understanding.

 

Yours faithfully

 

RTD Access to documents

 

[8]cid:image001.gif@01D26B5B.E7FC3FF0

European Commission

DG Research & Innovation

Common Legal Support Service

ORBN

1049 Brussels/Belgium

[9][email address]

 

 

 

 

From: ve_rtd.access documents (RTD) <[DG RTD request email]>
Sent: Thursday, May 2, 2019 10:22 AM
To: Rachel Tansey <[FOI #6866 email]>
Cc: RTD ACCESS DOCUMENTS <[email address]>
Subject: Ares(2019)2928613 - Your application for access to documents
request - Acknowledgment of receipt - GestDem 2019/2597

 

[10]Ares(2019)2928613 - Your application for access to documents request -
Acknowledgment of receipt - GestDem 2019/2597

 

Sent by ve_rtd.access documents (RTD)
<[11][DG RTD request email]>. All responses have to be sent to
this email address.

Envoyé par ve_rtd.access documents (RTD)
<[12][DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Madam,

Thank you for your e-mail dated 30/04/2019. We hereby acknowledge receipt
of your application for access to documents, which was registered on
02/05/2019  under reference number GestDem 2019/2597.

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
24/05/2019. 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 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 European Commission. For further information
on your rights, please refer to the third party’s privacy policy.

We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European 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 your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

Yours faithfully,

RTD Access to documents
European Commission
DG Research & Innovation
Common Legal Support Service
ORBN
1049 Brussels/Belgium
[13][email address]

Afficher les sections citées

Dear RTD Access to documents,

Thank you for your response. However, I do not understand your arguments. The European Commission states on its webpage about Consultations and protection of personal data (see https://ec.europa.eu/info/law/better-reg... ) that "Received contributions will be published on the internet". It furthermore states that, "Documents submitted in the context of a consultation or feedback mechanism, such as position papers or background documents, will be published as received."

Thus, it is the stated policy of the Commission to publish all contributions to consultations, including all position papers and background documents submitted in response to a consultation.

I do not therefore understand the grounds on which you are asking me to narrow the scope of my request, since all the documents that you have identified should, in any case, be publicly available, published on the Commission's website, on the relevant consultation page.

The stated policy around publishing of responses and the protection of personal data in doing so (including giving respondents the option not to have their name published, and noting that unless this option is chosen, it will be) is made clear to respondents of the consultations (see link provided above). In the case of this request therefore, the Commission would not need to contact any of the respondents re. releasing these documents, as they were already informed that their responses would be published, which they have not been. I therefore do not see why, having identified the documents, you cannot now simply send them to me, without any further "research and analysis of documents", or better yet, publish them on the relevant consultation page, where they should be published anyway.

I therefore cannot see any reason why you would seek to narrow this request. I would also seek assurances that the Commission is working to ensure all responses to this public consultation (which closed in March 2017) are published on the relevant consultation webpage (http://ec.europa.eu/research/consultatio...), without any further delay, in accordance with its own policy.

In the meantime, and without prejudice to my above position, I am primarily interested in the following:
· 144 respondents to approximately 80 questions in the public consultation regarding BBI Joint undertaking
· 93 respondents to approximately 70 questions in the public consultation regarding IMI Joint undertaking

I will therefore accept that you send me the submissions relating to these two JUs (IMI and BBI) by the 24/05/2019, the date you informed me the 15 working day time limit would expire, providing DG RTD offers assurances that it is working to publish these and all of the other responses listed above, in accordance with the Commission's own stated policy and the information given to these respondents.

I look forward to your prompt and timely response.

Yours sincerely,

Rachel Tansey

ve_rtd.access documents (RTD), Direction générale de la recherche et de l’innovation

9 Attachments

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

[5]Ares(2019)3420309 - Your access to documents request - GestDem
2019/2597

Sent by ve_rtd.access documents (RTD) <[DG RTD request email]>.
All responses have to be sent to this email address.
Envoyé par ve_rtd.access documents (RTD)
<[DG RTD request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Tansey,

 

Please find attached to the present email the reply to your access to
documents requests registered under GestDem reference number 2019/2597.

 

Yours sincerely,

 

RTD Access to documents

 

[6]cid:image001.gif@01D26B5B.E7FC3FF0

European Commission

DG Research & Innovation

Common Legal Support Service

ORBN

1049 Brussels/Belgium

[7][email address]

 

 

 

 

References

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5. https://webgate.ec.testa.eu/Ares/ext/doc...
7. mailto:[email address]