Documents regarding contacts between DG Markt and Commissioner Barnier and private water companies and related lobby groups

Ihre Anfrage war teilweise erfolgreich.

Dear Madam, dear Sir,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, and related to the specific issue of the water sector in the draft concession directive (1), I am requesting to be granted access to all correspondence (including emails) and meeting minutes between DG Internal Market's Directorates B, C and E, Commissioner Barnier and his cabinet, and the following organisations:

- Aquafed
- E3PO (European Public Private Partnership Organisation)
- Fédération des Entreprises de l'Eau (FP2E)
- Suez Environnement
- Veolia Environnement
- Business Europe
- European Services Forum
- European International Contractors (EIC)
- MEDEF/MEDEF International
- AFEP
- Cercle de l'Industrie
- EUREAU
- European Water Partnership
- Representatives of the French State

Don't hesitate to get back to me should you need any further information which could facilitate your research.

Yours faithfully,

Martin Pigeon

(1) http://ec.europa.eu/internal_market/publ...

Dear Mr Pigeon,

Subject: Your application for access to documents –
We refer to your e-mail dated 18/3/2013 in which you make a request for access to documents.

The details given in your application concerning the date for a search of documents are quite broad and do not enable us to identify the concrete documents which would correspond to your request. We estimate that a period of time covering the year 2012 until now would be a good compromise.

We therefore invite you, pursuant to Article 6(2) of Regulation (EC) No 1049/2001 regarding public access to documents, to confirm this approach in relation to the time period of your request with us. You may contact us at the below e-mail and phone address :

The 15 working day time limit for handling your application will start running when we receive the requested clarifications.
Thank you in advance for your understanding.
Yours sincerely,

Didier Boulouque

Commission européenne
DG Marché intérieur et services
Unité B-3: Application du droit du marché unique
B-1049 Bruxelles
Tél: 00.32.2.295.08.14
Fax: 00.32.2.299.21.06
e-mail: [email address]

Nous trouver sur le web: http://ec.europa.eu/internal_market
De l'information concernant les droits tirés de l'UE: http://ec.europa.eu/youreurope
Votre opinion: Debate on the Single Market Act

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Dear M. Boulouque,

thank you for your reply and your suggestion for narrowing the scope of the request. I am sorry if the latter generates excessive workload for you and your colleagues; but please understand that the issue at stake is nothing less than the inclusion of the water sector in the internal market in a context of austerity policies being imposed on public authorities throughout the EU, a combination likely to pave the way for future privatisations. Water privatisation has been overwhelmingly acknowledged a failed policy in the water sector for the past years, giving rise to dangerous tariff increases on a lifeline service and infrastructure degradation.

The Commission's work on the concession directive started much earlier than 2012, with the policy proposal being announced as early as January 2010. I would therefore like to ask for documents ranging from January 2010 to date; but please note that I am only asking for documents dealing with the water sector in the framework of the Commission's proposal for a directive on concession contracts. I however propose that all documents received by the Commission in the context of its public consultation on the matter and authorised for publication (1) are excluded.

Kind regards,

Martin Pigeon

(1) http://ec.europa.eu/internal_market/cons...

Dear Mr Pigeon,

Thank you for your e-mail dated 18/3/2013 and 21/3/2013. We hereby acknowledge receipt of your application for access to documents, which was registered on 22/3/2013 under reference number GestDem 2013/1989.

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. This time limit will expire on 17/4/2013.

The handling of your request involves individual and detailed assessment of a very large number of documents originating from third parties. The analysis of these documents, together with the need to consult the third parties concerned in accordance with Article 4(4) 4(5) of Regulation 1049/2001, cannot be expected to be completed within the normal time limits set out in Article 7 of Regulation 1049/2001.

However, the Regulation also provides for a possibility to confer with applicants in order to find a fair solution when an application concerns a very large number of documents. Article 6(3) provides that "in the event of an application relating to a very long document or to very large number of documents, the institution concerned may confer with the applicant informally, with a view to finding a fair solution".

Based on this provision, we would propose to send you either our answer as to which the documents that have been cleared for release or a reasoned reply explaining why some documents cannot be disclosed no later than 15 of June.

We hope we will able to provide you with our answer/the documents before this date and if possible in successive stages.

If you have any questions concerning this proposal, you can contact us/me:
Thank you in advance for your understanding.

Yours sincerely,

Commission européenne
DG Marché intérieur et services
Unité B-3: Application du droit du marché unique
B-1049 Bruxelles
Tél: 00.32.2.295.08.14
Fax: 00.32.2.299.21.06
e-mail: [email address]

Nous trouver sur le web: http://ec.europa.eu/internal_market
De l'information concernant les droits tirés de l'UE: http://ec.europa.eu/youreurope
Votre opinion: Debate on the Single Market Act

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Dear Mr Boulouque,

Since the June 15 deadline has passed and I have not received any document yet, I am writing to you to enquire at what stage you and your colleagues are in terms of gathering the relevant documents. Three months is quite an unusually long period of time for such a process.

Yours faithfully,

Martin Pigeon

Dear Mr Pigeon,

As our thorough search through documents and consultation with third parties remains ongoing, we were unable to give you our answer on schedule. Please accept our apologies for this delay.

We will deliver our answer no later than 28 June 2013. We expect to send you an initial answer concerning a part of the documents requested prior to this date.

Yours sincerely,

Lukasz Rozanski

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4 Attachments

Dear Mr Pigeon,

Please find attached some of the requested documents.

At the moment we only received the agreement of Business Europe.

As soon as we will receive other agreements we will come back to you.

Yours sincerely,

Marc de Wulf on behalf of Mrs JOANNA SZYCHOWSKA
Head of Unit
  
European Commission
Internal Market and Services DG
Unit C/2 - Public procurement Legislation I
SPA2 05/056
B-1049 Brussels/Belgium
Tel: +32.2.298.86.32
Fax: +32.2.296.94.98
[email address]

Find us on the web: http://ec.europa.eu/internal_market
For information on EU rights: http://ec.europa.eu/youreurope

The views expressed in this e-mail are my own and may not, under any circumstances, be interpreted as stating an official position of the European Commission.

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26 Attachments

Dear Mr Pigeon,

Please find attached all the missing documents.

Let me remind you that these documents may not be forwarded or disclosed without the prior approval of the European Commission.

Yours sincerely,

Marc de Wulf on behalf of Mrs JOANNA SZYCHOWSKA
Head of Unit
  
European Commission
Internal Market and Services DG
Unit C/2 - Public procurement Legislation I
SPA2 05/056
B-1049 Brussels/Belgium
Tel: +32.2.298.86.32
Fax: +32.2.296.94.98
[email address]

Find us on the web: http://ec.europa.eu/internal_market
For information on EU rights: http://ec.europa.eu/youreurope

The views expressed in this e-mail are my own and may not, under any circumstances, be interpreted as stating an official position of the European Commission.

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