Contacts between ENV and AngloAmerican, BHP Billton and/or Glencore Xstrata

Generaldirektion Umwelt Die angefragten Informationen waren nicht vorhanden.

Dear Environment (ENV),
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents (including notes of minutes, emails and other correspondence) relating to contacts between DG ENV and AngloAmerican, BHP Billton and/or Glencore Xstrata, concerning policy areas connected to climate, energy, emissions or resource policies, in the last 18 months (since April 2013).

Yours faithfully,

Rachel Tansey

Generaldirektion Umwelt

Dear Madame,

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.

You may, of course, use directly the electronic form for entering your request:
http://ec.europa.eu/transparency/regdoc/...

Sincerely,

GRETA RINKEVICIUTE-MISCIKIENE
European Commission
Directorate-General for Environment
Unit D.4 – Governance, Information & Reporting
BU-9 02/087
B-1160 Brussels/Belgium

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Rachel Tansey hat eine Nachricht hinterlassen ()

I have contacted DG ENV with my postal address, and noted that whilst I have made many access to documents requests before, this is the first time I have been required to give my postal address.

Since procedural requirements are cited as the reason for this, I have also asked if either the legal basis or procedural requirements have recently changed.

I have consulted the EC's "ACCESS TO EUROPEAN COMMISSION DOCUMENTS: A CITIZEN'S GUIDE" (http://ec.europa.eu/transparency/citguid...) and note that it states only that when making a request, "One of these three elements [address, fax, email address) must be filled in to enable the document requested to be sent" (p.12 footnote [1]).

Generaldirektion Umwelt

1 Attachment

Dear Madam,

 

Thank you for your e-mail dated 11/09/2014.  We hereby acknowledge receipt
of your application for access to documents, which was registered on
16/09/2014 under reference number GestDem 2014/4124.

 

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
07/10/2014. In case this time limit needs to be extended, you will be
informed in due course.

 

Yours faithfully,

 

GRETA RINKEVICIUTE-MISCIKIENE

ENV Access to Documents Team

 
[1]cid:image001.gif@01CFD1C2.21300710
European Commission
Directorate-General for Environment
Unit D.4 – Governance, Information & Reporting

BU-9 02/087
B-1160 Brussels/Belgium

 

 

 

From: ENV ACCESS DOCUMENTS
Sent: Tuesday, September 16, 2014 3:23 PM
To: 'Rachel'
Cc: [email address]
Subject: RE: access to information request - Contacts between ENV and
AngloAmerican, BHP Billton and/or Glencore Xstrata

 

Dear Ms Tansey,

 

With respect to your questions regarding the provision of a postal address
(copied below), 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.

 

The Commission has been applying this approach since 1 April 2014, because
of numerous problems encountered by the Commission in its previous
practice (legal uncertainty, false identities used etc.). We also would
like to point out that other institutions, such as the Court of Justice,
already ask for the address in their respective electronic forms for
access to documents requests.

 

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 have 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.

 

Thank you in advance.

 

Sincerely,

 

 

GRETA RINKEVICIUTE-MISCIKIENE

ENV Access to Documents Team

 
European Commission
Directorate-General for Environment
Unit D.4 – Governance, Information & Reporting

BU-9 02/087
B-1160 Brussels/Belgium

 

 

 

 

From: Rachel [[2]mailto:[email address]]
Sent: Monday, September 15, 2014 2:25 PM
To: RINKEVICIUTE-MISCIKIENE Greta (ENV)
Cc: [3][email address]
Subject: RE: access to information request - Contacts between ENV and
AngloAmerican, BHP Billton and/or Glencore Xstrata

 

Dear DG ENV,

As per your request for my postal address, in response to my request for
DG ENV documents relating to Contacts between ENV and AngloAmerican, BHP
Billton and/or Glencore Xstrata (this request was made via the
AsktheEU.org forum - see
[4]http://www.asktheeu.org/en/request/conta...),
my postal address is:

Rachel Tansey
Royd House
Hebden Bridge
West Yorkshire
HX7 8BA
United Kingdom

However, I wish to receive the requested documents electronically. Either
to this email address ([5][email address]) or via the AsktheEU
forum through which I made the original request.

I would also note that I have made many access to documents requests
before, and this is the first time I have been required to give my postal
address. Since you cite procedural requirements for this, I would
appreciate if you could let me know if either the legal basis or
procedural requirements have recently changed. I have consulted the EC's
"ACCESS TO EUROPEAN COMMISSION DOCUMENTS: A CITIZEN'S GUIDE"
([6]http://ec.europa.eu/transparency/citguid...) and note that
it states only that when making a request, "One of these three elements
[address, fax, email address) must be filled in to enable the document
requested to be sent" (p.12 footnote [1]).

Sincerely,

Rachel Tansey

---------------------------------------------

Environment (ENV)

September 11, 2014

Dear Madame,

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.

You may, of course, use directly the electronic form for entering your
request:
[7]http://ec.europa.eu/transparency/regdoc/...

Sincerely,

GRETA RINKEVICIUTE-MISCIKIENE
European Commission
Directorate-General for Environment
Unit D.4 – Governance, Information & Reporting
BU-9 02/087
B-1160 Brussels/Belgium

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Generaldirektion Umwelt

2 Attachments

 
 
_____________________________________________
From: DU BOIS D'ENGHIEN Anne (ENV)
Sent: Monday, September 29, 2014 11:25 AM
To: '[email address]'
Subject: FW: GESTDEM 2014/4124
 
 
 
 
_____________________________________________
From: DU BOIS D'ENGHIEN Anne (ENV)
Sent: Friday, September 26, 2014 5:18 PM
To: '[email address]'
Cc: MICHIELSSEN Jill (ENV); ENV ACCESS DOCUMENTS
Subject: GESTDEM 2014/4124
 
 
Dear Ms Tansey,
 
Please find hereunder a reply to your e-mail dated 11 September 2014.
Best regards,
 
 
Anne du Bois d'Enghien
Administrative Assistant
 
European Commission
DG ENV
Unit C.3. – Air & Industrial emissions
BU-9 04/28
B-1049 Brussels/Belgium
+32 2 29 64845
 
 
 
 

Generaldirektion Umwelt

1 Attachment

Dear Ms Tansey,

 

With regard to your request for access to documents registered under the
above mentioned reference number, we regret to inform you that no
documents were found that would correspond to the description given in
your application.

Yours faithfully,

 

 

ENER ACCES DOCUMENTS Team
 
[1]cid:image001.png@01CFDD8B.C2FFF260
European Commission
DG ENER
Unit A.1

DM24 08/046
B-1049 Brussels/Belgium
+32 2 298 17 47

 

References

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Generaldirektion Umwelt

1 Attachment

 

Dear Ms Tansey,

 

With regard to your request for access to documents registered under the
above mentioned reference number, we regret to inform you that no
documents were found that would correspond to the description given in
your application.

Yours faithfully,

 

 

 

 

ENER ACCES DOCUMENTS Team
 
European Commission
DG ENER
Unit A.1

DM24 08/046
B-1049 Brussels/Belgium
+32 2 298 17 47