Lobby meetings on emissions trading scheme

Die Anfrage wurde abgelehnt durch Generaldirektion Klimapolitik.

Dear Climate Action,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, we are requesting the following documents:
- a list of meetings on the topic of the emissions trading scheme between DG Clima officials/representatives [1] and interest representatives [2] between 1 November 2014 and today.

We would like the list to include the following information:
Date of the meeting,
Name and job title of the European Commission officials that were present (e.g. head of unit, etc.)
Names of interest representatives (company/organisation name) present at the meeting,
Names of the lobbyist(s) present,
The sector they represented (business, NGOs, academia, think tanks as per categories of EU Transparency Register if they are registered),

[1] excluding the European Commissioner, his Cabinet and the Director-General
[2] including companies, consultancies and law firms, trade/business/professional associations, think tanks and NGOs

Thank you in advance.

Yours sincerely,
Vicky Cann
CEO
Rue d'Edimbourg 26
1050 Brussels

Generaldirektion Klimapolitik

Dear Mrs. Cann,

Thank you for your email.
I am afraid such a list does not exist and as provided in Article 2(3) of Regulation 1049/2001, the Regulation on access to documents only applies to existing document in the possession of the institution.

We therefore invite you, pursuant to Article 6(2) Regulation 1049/2001, to provide us with more detailed information on the documents which you seek to obtain, such as references, dates or periods during which the documents would have been produced, persons or bodies who drafted the documents, attended the meetings, or any other relevant information which would enable us to identify the documents you are interested in.

The 15 working days' time limit for handling your application will start running when we receive the requested clarification.

Many thanks in advance for your cooperation and understanding.

Yours sincerely,

Mathilde CREPY
Access to document team
European Commission
DG Climate Action
Unit 001 – Administrative and Legal Support, Liaison with SRD

Dear Climate Action,

Thanks for your reply. As follow up to my original request, are you able to provide the information 'as is' ie. not in a list form, but in whatever format it is held by DG Clima?

Yours faithfully,

Vicky Cann

Generaldirektion Klimapolitik

Dear Ms Cann,

Thank you for your message dated 6 July 2016.

The descriptions given in your initial application as well as your follow-up message do not enable us to identify concrete documents which would correspond to your request.

In your follow-up message you indicate that you are in fact seeking the requested information irrespective of its format. If this is the case, your request would be handled as an information request, and would not be dealt with under Regulation (EC) No 1049/2001.

Please clarify the nature of your request, whether you are seeking information or specific documents.

Thanking you in advance for your feedback,

Danielle SMITH
Access to Documents team


European Commission
Directorate-General for Climate Action
Av. de Beaulieu 24
1049 Brussels

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Dear Climate Action,

Thanks for the reply. If the information is available in a different format, that would of course be welcome.

Yours faithfully,

Vicky Cann

Generaldirektion Klimapolitik

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Dear Ms Cann,
 
We make reference to your email of 29 June 2016 in which you make a
request for access to a list of meetings on the emissions trading scheme,
between staff of the Directorate General for Climate Action and several
interest representatives, from 1 November 2014 until the date of your
request. You also specify the data, including personal data, this list
should contain.
 
We would like to thank you for your interest in our work, however, as
indicated in our initial responses, the list to which you have requested
access does not exist.
 
You have confirmed your interest in information concerning meetings,
irrespective of its format, without specifying any other documents. Your
request is therefore treated as an information request, and not dealt with
under (EC) No 1049/2001 of the European Parliament and of the Council of
30 May 2001 regarding public access to European Parliament, Council and
Commission documents.
 
As you may be aware, information on meetings with the participation of the
Commissioner for Climate Action, his Cabinet, or our Director General is
available in the public domain:
 
[1]http://ec.europa.eu/transparencyinitiati...
[2]http://ec.europa.eu/transparencyinitiati...
[3]http://ec.europa.eu/transparencyinitiati...
 
Within the mission of the Directorate General for Climate Action, its
staff also meets different stakeholders at various occasions, and the
services of the European Commission draw from the broadest possible
sources to fulfil their mandate. This includes in particular public
consultation on its policy initiatives to which any interested party can
contribute, as well as information on events and conferences organised by
Commission services. Extensive information on past and current public
consultations and any events, such as stakeholder and expert meetings, is
available on our website (please see as examples):
 
[4]http://ec.europa.eu/clima/consultations/...
[5]http://ec.europa.eu/clima/policies/ets/r...
[6]http://ec.europa.eu/clima/events/article...
 
As regards your request for names of Commission staff, as well as outside
entities' staff and/or of other individuals external to the Commission,
these fall under Regulation (EC) No 45/2001 of the European Parliament and
of the Council of 18 December 2000 on the protection of individuals with
regard to the processing of personal data by the Community institutions
and bodies and on the free movement of such data.
 
According to Article 8(b) of this Regulation, personal data shall only be
transferred to recipients if they establish the necessity of having the
data transferred to them and if there is no reason to assume that the
legitimate rights of the persons concerned might be prejudiced. We
consider that, with the information available, the necessity of disclosing
the aforementioned personal data to you has not been established and/or
that it cannot be assumed that such disclosure would not prejudice the
legitimate rights of the persons concerned. Therefore, we regret to inform
you that we are not in a position to communicate any individuals’ names in
the context of your request.
 
We would like to thank you once again for your interest in our work, and
would invite you to follow our activities on the various publicly
available channels:
 
[7]https://www.facebook.com/EUClimateAction
[8]https://twitter.com/EUClimateAction
[9]https://www.youtube.com/user/EUClimateAc...
[10]http://ec.europa.eu/clima/news/news_arch...
 
Yours faithfully,
Danielle SMITH
Access to Documents team
 
    
European Commission
Directorate-General for Climate Action
Av. de Beaulieu 24
1049 Brussels
 
 
 
 

References

Visible links
1. http://ec.europa.eu/transparencyinitiati...
2. http://ec.europa.eu/transparencyinitiati...
3. http://ec.europa.eu/transparencyinitiati...
4. http://ec.europa.eu/clima/consultations/...
5. http://ec.europa.eu/clima/policies/ets/r...
6. http://ec.europa.eu/clima/events/article...
7. https://www.facebook.com/EUClimateAction
8. https://twitter.com/EUClimateAction
9. https://www.youtube.com/user/EUClimateAc...
10. http://ec.europa.eu/clima/news/news_arch...

Dear Climate Action,

Thank you for your reply. I am afraid that your most recent response does not answer my original request and the public links which you provided do not give information about the lobby meetings held by the officials referred to in my original request. Would it help if I focussed my original request on Directorate B "European & International Carbon Markets"? Presumably DG Clima monitors which third party organisations it meets, in order to be ensure an appropriate balance and representativeness in the stakeholders met.

Thank you in advance.

Yours faithfully,

Vicky Cann

Dear Climate Action,

I have yet to receive a reply to my email sent on 3 August. When will you reply?

Thanks in advance.

Yours faithfully,

Vicky Cann