GSP regulation proposal (2024-2034): legal assessment of compatibility with WTO law

Jonathan de Leyser made this access to documents request to Trade Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was successful.

Jonathan de Leyser

Dear Sir/Madam,

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 European Commission's legal assessment of the compliance with WTO law, of Article 19 of the following regulation proposal (particularly regarding the addition of a conditionality on migrant returns and readmission):

Proposal for a Regulation of the European Parliament and of the Council on Applying a Generalised Scheme of Tariff Preferences and Repealing Regulation (EU) No 978/2012 of the European Parliament and of the Council, Brussels, 22.9.2021, COM(2021) 579 final, 2021/0297 (COD).

Yours faithfully,

Jonathan de Leyser
Europe Liaison Officer, CSW (Christian Solidarity Worldwide - transparency registration number: 47642067220-88)

TRADE-ACCES-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 28/04/2023 and registered on 02/05/2023 under case number 2023/2525.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that '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.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's 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(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

Directorate-General for Trade - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

TRADE-ACCES-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 28/04/2023 and registered on 02/05/2023 under the case number
2023/2525.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 25/05/2023. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

Directorate-General for Trade - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

TRADE-ACCES-DOCUMENTS@ec.europa.eu,

Dear Mr De Leyser,

We refer to your email application for public access to documents of 28
April 2023, registered on 2 May 2023 under the EASE reference number
2023/2525.

Your application is currently being handled and the reply to it should be
finalised very soon.

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 25
May 2023, i.e. today.

An extended time limit is needed as the application concerns documents
held by different Services, which must be consulted.

Therefore, we have to extend the time limit by 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 16 June 2023.

We apologise for this delay and for any inconvenience this may cause.

Yours sincerely,

DG TRADE Access to Documents Team

European Commission

Directorate General for Trade

Unit R3 – Transparency, Civil Society and Communications

CHAR

1049 Brussels

Belgium

Jonathan de Leyser

Dear Sir/Madam,

The response to my request is overdue. As I understand it, by law, I should have recieved a response by now. Please can you share an update, and send me the information?

Yours faithfully,
Jonathan de Leyser

Jonathan de Leyser

Dear Sir/Madam,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'GSP regulation proposal (2024-2034): legal assessment of compatibility with WTO law'.

I understand that by law, I should have received a response over month ago. Please reply to me as soon as possible. If there is much further delay, I will consider filing a complaint to the Ombudsman.

A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/gsp_r...

Yours faithfully,
Jonathan

VANDEVELDE Christel (TRADE), Trade

1 Attachment

sg-acc-doc@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2023/2525, sent on 25/07/2023 and registered on 02/08/2023.

We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 24/08/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.

Yours faithfully,

Secretariat-General - Access to Documents
European Commission

sg-acc-doc@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2023/2525, sent on 25/07/2023 and registered on 02/08/2023.

We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 24/08/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.

Yours faithfully,

Secretariat-General - Access to Documents
European Commission

sg-acc-doc@ec.europa.eu,

1 Attachment

Dear applicant,

You can kindly find attached a communication related to your access to
documents request EASE 2023/2525.

Kind regards,