Request for the Joint Audit Directorate for Cohesion
Dear Internal Audit Service,
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:
Information about the procedure for an Managing Authority to disagree from an Definitive Opinion of the Audit Authority after an Operations Audit.
I have tried to ask directly to the Joint Audit Directorate for Cohesion, via "Ask the EU", but this centre has not appeared between my options. I have a couple of additional questions, in case you are the right destinataire (description of the supervision and coordination procedures between the DAC and the Audit Authorities in shared managment; and description of the coordination and supervision procedures between DAC and the Internal Audit Service direction)
Yours faithfully,... Francisco Bernales Mendaza
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 14/09/2023 and registered on 14/09/2023 under case number 2023/5311.
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,
Internal Audit Service - 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/...
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 14/09/2023 and registered on 14/09/2023 under case number 2023/5311.
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,
Internal Audit Service - 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/...
Dear Internal Audit Service,
So, should I reply and give my postal adress in public, to continue with the request?
Yours faithfully,
Francisco Bernales Mendaza (particular)
Dear Mister Bernales Mendaza,
As indicated in the previous email, we need your postal address to start handling your request.
You can simply send your postal address by replying to this e-mail.
Your address will not be made public.
Kind regards,
IAS Europa
Dear [email address],
Thank you. I have sent and 2 emails providing my postal adress, in reply to the mails I have received from the email adress [email address]. And a third one to the email adress [email address], that appears into this webpage.
Yours sincerely,
Francisco Bernales Mendaza (particular)
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 14/09/2023 and registered on 20/09/2023 under the case number
2023/5311.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 11/10/2023. 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,
Internal Audit Service - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr Bernales Mendaza,
We refer to your request registered under the reference number 2023/5311.
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 11/10/2023.
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 03/11/2023.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
DAC.7 Coordination, Relations with the ECA and OLAF
Joint Audit Directorate for Cohesion
Directorate-General Regional and Urban Policy
Directorate-General Employment, Social Affairs and Inclusion
European Commission
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/5311.
Kind regards,
Dear Internal Audit Service,
I can't find a website thar belogs to the Joint Audit Directorate for Cohesion.
There I expect to find Procedures Handbook/s.
I am interested in the Handbook as a whole, AND specifically if such a Handbook doesn't exist, with concrete documents regularing the function of coordination os Audit Authorities.
And if such a document doesnt exist, a even more concret document or regularion about how to act when a Managing Authority disagrees with the criteria of the Audit Authority into an Operations Audit.
...
In the past, I remember a conciliation procedure.
Yours faithfully,
Francisco Bernales Mendaza (particular)
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 18/10/2023 and registered on 19/10/2023 under the case number
2023/6180.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 13/11/2023. 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,
Internal Audit Service - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/6180.
Kind regards,