Documents and statistics on the EMM Open Source Intelligence Suite
Dear Joint Research Centre,
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:
- the number and details of all the license agreements signed with public authorities of EU Member states for the use of the EMM Open Source Intelligence Suite (https://wiki.emm4u.eu/confluence/plugins...)
- any documents, slides, and presentations regarding the EMM Open Source Intelligence Suite
- any privacy impact assessment of the EMM Open Source Intelligence Suite
- In addition, I am requesting all information related to the creation, assignment, preparation and implementation of the EMM Open Source Intelligence Suite. This may include emails, notes, presentations, files, letters and memos sent to and from the JRC.
I request all the aforementioned documents in electronic format.
Yours faithfully,
Riccardo Coluccini
Dear Mr. Coluccini,
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.
Yours sincerely,
JRC ACCESS TO DOCUMENTS TEAM
Dear Joint Research Centre,
I would prefer to receive information in electronic form, without giving my postal address. I understand is my right under Regulation 1049/2001 if the information exists in that format.
Otherwise, could you give me your phone number? I'll call you and give my postal address.
Yours faithfully,
Riccardo Coluccini
Dear Mr Coluccini,
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. Communicating it through a telephone conversation may bear the risk of errors.
We therefore kindly reiterate our request to you to provide a full postal 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.
Please note that the request for a postal address does not mean that we will be sending you the paper copies of the documents. An electronic copy will be sent to you in advance of the postal sending as soon as a decision on your request is taken.
Yours sincerely,
JRC ACCESS TO DOCUMENTS TEAM.
Dear Joint Research Centre,
here is my postal address:
[POSTAL ADDRESS REMOVED]
Yours faithfully,
Riccardo Coluccini
Dear Mr Coluccini,
Thank you for your e-mail below. We hereby acknowledge receipt of your application for access to documents dated 25/07/2018, which was registered on 30/07/2018 under reference number GestDem 2018/4138.
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 21/08/2018.
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.
Please note also that the European Commission is not responsible for any possible processing of personal data by the private organisation running the AsktheEU.org website, through which you have channelled your request. Please refer to their privacy policy.
Yours faithfully,
JRC ACCESS TO DOCUMENTS TEAM
[1]Ares(2018)4308145 - RE: access to documents request - Documents and
statistics on the EMM Open Source Intelligence Suite
Sent by ve_jrc.access documents (JRC) <[DG JRC request email]>.
All responses have to be sent to this email address.
Envoyé par ve_jrc.access documents (JRC)
<[DG JRC request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.
Dear Sir,
Subject: Your application for access to documents – Ref GestDem No
2018/4138 (JRC)
We refer to your request dated 25/07/2018 in which you make a request for
access to documents.
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 21/08/2018.
An extended time limit is needed as your application concerns a large
number of documents that require detailed analysis.
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 11/09/2018.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
JRC Access Documents
Dear Mr Coluccini,
Subject: Your application for access to documents – Ref GestDem No 2018/4138 (JRC)
We refer to your request dated 25/07/2018 in which you make a request for access to documents, registered on 30/07/2018 under the above reference number.
Please find enclosed an advance copy of our reply letter (and its attachment), which will be sent to you also by regular post.
We will also send you the documents by subsequent three separate e-mails. Please let us know in case you would not have received all of them.
Yours sincerely,
JRC ACCESS TO DOCUMENTS TEAM
Mail 2A - due to the size of the email we have to split in two: 2A and 2B
Meetings
JRC Access to documents
Mail 2B - due to the size of the email we have to split in two: 2A and 2B
Mission reports
JRC Access to documents
Mail 3B - due to the size of the email we have to split in two: 3A and 3B
Other reports
JRC Access to documents
Mail 3A - due to the size of the email we have to split in two: 3A and 3B
Other reports
JRC Access to documents
Dear Joint Research Centre,
thanks for the documents but according to the "List of documents to be released" I think some of them are missing.
In particular, all the documents related to Administrative arrangement, Correspondence, and License agreements.
Could you please send those as well?
Yours faithfully,
Riccardo Coluccini
Dear Mr Coluccini,
Thank you for your email.
Indeed, we can see on the AsktheEU website (https://www.asktheeu.org/en/request/docu...) that our email number 1 (sent on Tuesday, September 11, 2018 4:08 PM) with the documents you indicate as missing has not been delivered, probably due to the size of the email.
We will therefore split also that email number 1 into emails 1A and 1B.
Sincerely yours,
JRC Access Documents
Mail 1A – first part
_____________________________________________
From: JRC ACCESS DOCUMENTS
Sent: Thursday, September 13, 2018 11:12 AM
To: 'Riccardo Coluccini'
Cc: JRC ACCESS DOCUMENTS
Subject: FW: Your application for access to documents – Ref GestDem No
2018/4138
Mail 1A
Administrative Arrangements
JRC Access to documents
Mail 1A – second part
_____________________________________________
From: JRC ACCESS DOCUMENTS
Sent: Thursday, September 13, 2018 11:12 AM
To: 'Riccardo Coluccini'
Cc: JRC ACCESS DOCUMENTS
Subject: FW: Your application for access to documents – Ref GestDem No
2018/4138
Mail 1A
Administrative Arrangements
JRC Access to documents