Contacts with oil companies in relation to MIFID

Permanent Representation of Germany to the EU has replied saying you have to contact another public body.

Dear Permanent Representation of Germany to the EU,

On behalf of Friends of the Earth Europe, I hereby submit a request for access to documents under Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents. I would like to request access to the following:

All documents in relation to contacts between members of the Permanent Representation of Germany and oil companies in relation to MIFID (the Proposal for a Directive of the European Parliament and of the Council on markets in financial instruments repealing Directive 2004/39/EC of the European Parliament and of the Council) since 1 January 2012, including letters and email exchanges as well as lists of meetings.

Please produce the documents on a rolling basis. At no point should the search for-or deliberations concerning-certain documents delay the production of others that have already retrieved and eligible for disclosure. In the event this application relates to a very large number of documents, we are open to confer informally with a view to finding a fair solution within the prescribed time limits.

We look forward to hearing from you.

Yours sincerely,

Natacha Cingotti

IFG Anfragen, Permanent Representation of Germany to the EU

Dear Ms Cingotti,

thank you for your request for information. Regulation 1049/2001 however only
applies to documents held by the EU institutions, and not by national level
bodies. If you would like to request information held by the Permanent
Representation of the Federal Republic of Germany to the EU, you may do so via
the Federal Foreign Office in Berlin under the German Freedom of Information
Act.

The Freedom of Information Act grants everyone the general right to access
official information from the authorities and institutions of the Federation,
thus also information from the Federal Foreign Office, without having to
fulfil any other additional requirements. There is no need to register a
particular interest or need. A fee is usually charged for the information.

There are however restrictions as the federal authorities are bound by the
Basic Law to protect the public interest. Thus access may not be granted in
certain cases if access to the information could have a negative effect on
international relations or if the necessary confidentiality of international
negotiations needs to be preserved.

With a view to protecting personal data, access will only be granted if the
interest in the information on the part of the applicant outweighs the
legitimate interests of third parties or if the respective third party has
granted authorization. Similarly, there can be no access to information if
this would threaten intellectual property rights; access to trade and business
secrets will only be granted with the agreement of the affected party.

Inquiries based on the Freedom of Information Act for the Federal Foreign
Office are to be addressed to:

Auswärtiges Amt
Referat 505-IFG
11013 Berlin
Fax: 030 5000-53518
Tel.: 030 5000-6070
Email: [Permanent Representation of Germany to the EU request email]

Please note that the correspondence will be handled in German and that, in
line with the Freedom of Information Act, your inquiry may incur costs of up
to 500,- € depending on the necessary administrative efforts.

With kind regards,

Birgit Lietz

--
Auswärtiges Amt
Ref. 505 -IFG-

Postanschrift: 11013 Berlin
Tel.: 030-1817-6070
Fax: 030-1817-53518
E-Mail: [Permanent Representation of Germany to the EU request email]
Internet: www.auswaertiges-amt.de