Ref. Ares(2024)8655016 - 04/12/2024
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY
The Director-General
Brussels,
SANTE.B.4(2024)9558788
Mr Peter Beckett
By email with acknowledgement of
receipt: ask+request-15081-
xxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents 2024/5515
Dear Mr Beckett,
We refer to your request for access to European Commission documents registered on 15
October 2024 under the above-mentioned reference number.
We also refer to our email of 6 November 2024 extending the time limit to respond to
your request according to Article 7(3) of Regulation (EC) No 1049/2001 (1).
1. Scope of your request
In your request, you ask for on the basis of Regulation (EC) No 1049/2001, access to:
On 30th November 2023, DG SANTE wrote to the complainant in Ombudsman complaint
517/2024/FA and stated the following:
"The role of the European Network for Smoking Prevention (ENSP) in the evaluation
procedure, as one member of the contractual consortium, would be facilitating the
necessary contacts with experts, when relevant, for the different specific contracts"
Please provide a list of the experts with whom ENSP facilitated contact as part of the
framework agreement and the correspondence between those experts and the
Commission. Should the Commission prefer, in order to protect personal data, the
organisational affiliations of the experts concerned (and not their names) would be
sufficient.”
2. No documents held
We regret to inform you that the Commission does not hold any documents that would
correspond to the description given in your application.
Please note that the scope of your request pertains to the internal work of the contractor.
(1) Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and
Commission documents (OJ L 145, 31.5.2001, p. 43).
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution.
Given that no such documents, corresponding to the description given in your
application, are held by the Commission, the Commission is not in a position to fulfil
your request.
3. Means of redress
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to
make a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed to the Secretariat-General of the
Commission within 15 working days upon receipt of this letter. You can submit it in one
of the following ways:
by mail:
European Commission
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to: xxxxxxxxxx@xx.xxxxxx.xx
4. Acknowledgment of receipt
According to the standard operational procedure, the reply is sent by e-mail only. We
would therefore appreciate if you could explicitly confirm receipt of the e-mail within 5
working days by replyin
g to xxxxxxxxxxxxxxxx@xx.xxxxxx.xx.
Yours faithfully,
Sandra GALLINA
Director General
2
Electronically signed on 04/12/2024 14:30 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121