NOx emission tests

Peter hat diese access to documents Anfrage gestellt an Gemeinsame Forschungsstelle

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Von: Peter

Delivered

Dear Joint Research Centre,

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:

All data sets, papers, emails and reports relating to NOx emissions tests carried out by the Joint Research Centre in light-duty vehicles, including their brands, carried out since 1 September 2015.

While one may argue that Regulation (EC) No 1049/2001 article 4.2 (commercial interests of a natural or legal person, including intellectual property) applies, I think there is an overriding public interest in disclosure.

The diesel emissions scandal has shown that many cars in Europe had been equipped with defeat devices, and it is imperative for the public to know to what extent signals still exist that NOx emissions are much higher in real driving situations when compared to the laboratory test.

Moreover, the European Commission has de facto agreed with the above argument that an overriding public interest exists, when it disclosed in 2015 the brands of 15 vehicles tested by the JRC for 2011 and 2013 studies on methodologies to measure light-duty vehicle emissions. (http://publications.jrc.ec.europa.eu/rep...

All the best,
Peter

postal address:
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

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Gemeinsame Forschungsstelle

Dear Sir,

Thank you for your e-mail dated 09/05/2018. We hereby acknowledge receipt of your application for access to documents, which was registered on 14/05/2018 under reference number GestDem 2018/2662.

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 05/06/2018. In case this time limit needs to be extended, you will be informed in due course.

You have lodged your application via the AsktheEU.org website. Please note that this is a private website which has no link with any institution of the European Union. Therefore the European Commission cannot be held accountable for any technical issues or problems linked to the use of this system.

Please note also that the European Commission is not responsible for any possible processing of personal data by the private organisation running the AsktheEU.org website, through which you have channelled your request. Please refer to their privacy policy.

Yours faithfully,

JRC Access Documents

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Attachment Measurements report Citroen Cactus.pdf
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Attachment Measurement Conditions JRC 10 08 2016 NN.pdf
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Attachment Measurements report Audi A3.pdf
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Attachment Explanatory note final.pdf
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Attachment Spec Equipment JRC 10 08 2016 NN.pdf
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Attachment Measurements report Skoda Yeti.pdf
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Attachment Measurements report Ford Fiesta.pdf
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[1]Ares(2018)2873332 - RE: access to documents request - NOx emission
tests - our ref. GestDem 2018/2662

Sent by ve_jrc.access documents (JRC) <[DG JRC request email]>.
All responses have to be sent to this email address.
Envoyé par ve_jrc.access documents (JRC)
<[DG JRC request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

Subject:        Your application for access to documents – Ref GestDem No
2018/2662

We refer to your e-mail dated 09/05/2018 in which you make a request for
access to documents, registered on 14/05/2018 under the above mentioned
reference number.

We are pleased to enclose the first batch of the requested documents,
comprising of 7 documents.

You may reuse the documents requested free of charge for non-commercial
and commercial purposes provided that the source is acknowledged, that you
do not distort the original meaning or message of the documents. Please
note that the Commission does not assume liability stemming from the
reuse.

The rest of your application is still 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 05/06/2018.

An extended time limit is needed as your application concerns documents
from several years. The documents have not been previously published and
thus have to be reviewed for possible application of exceptions to
disclosure according to Article 4 of Regulation (EC) No 1049/2001
regarding public access to documents.

Therefore, we have to extend the time limit with 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 26/06/2018.

We apologise for this delay and for any inconvenience this may cause.

Yours sincerely,

JRC Access Documents

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Attachment Your application for access to documents.pdf
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Attachment Access to documents 2018 662.zip
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Dear Sir,

 

Subject:        Your application for access to documents – Ref GestDem No
2018/2662

We refer to your e-mail dated 09/05/2018 in which you make a request for
access to documents, registered on 14/05/2018 under the above mentioned
reference number.

Following our reply on the first batch of documents, sent to you on June
1, 2018, please find attached our reply on the second batch of documents
and the documents themselves (redacted of personal data).

 

We apologise for the delay regarding the third batch of documents, which
are still being reviewed, and for any inconvenience this may cause. We
will get back to you on the third batch as soon as possible.

Yours sincerely,

JRC Access Documents

 

 

From: EC ARES NOREPLY [mailto:[email address]]
Sent: Friday, June 01, 2018 4:04 PM
To: Peter
Cc: JRC ACCESS DOCUMENTS
Subject: Ares(2018)2873332 - RE: access to documents request - NOx
emission tests - our ref. GestDem 2018/2662

 

[1]Ares(2018)2873332 - RE: access to documents request - NOx emission
tests - our ref. GestDem 2018/2662

 

Sent by ve_jrc.access documents (JRC) <[DG JRC request email]>.
All responses have to be sent to this email address.

Envoyé par ve_jrc.access documents (JRC)
<[DG JRC request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

Subject:        Your application for access to documents – Ref GestDem No
2018/2662

We refer to your e-mail dated 09/05/2018 in which you make a request for
access to documents, registered on 14/05/2018 under the above mentioned
reference number.

We are pleased to enclose the first batch of the requested documents,
comprising of 7 documents.

You may reuse the documents requested free of charge for non-commercial
and commercial purposes provided that the source is acknowledged, that you
do not distort the original meaning or message of the documents. Please
note that the Commission does not assume liability stemming from the
reuse.

The rest of your application is still 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 05/06/2018.

An extended time limit is needed as your application concerns documents
from several years. The documents have not been previously published and
thus have to be reviewed for possible application of exceptions to
disclosure according to Article 4 of Regulation (EC) No 1049/2001
regarding public access to documents.

Therefore, we have to extend the time limit with 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 26/06/2018.

We apologise for this delay and for any inconvenience this may cause.

Yours sincerely,

JRC Access Documents

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Attachment Ares 16 7468810 Signed AA DG ENV Redacted.pdf
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Attachment JRC 2017 Light Duty Vehicles Emissions Testing final.docx
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Attachment JRC110223 progress report redeem doc for policy support dec 2017 f.pdf
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[4]Ares(2018)4151388 - Gestdem 2018/2662

Sent by ve_jrc.access documents (JRC) <[DG JRC request email]>.
All responses have to be sent to this email address.
Envoyé par ve_jrc.access documents (JRC)
<[DG JRC request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

 

Subject:       Your application for access to documents – Ref GestDem No
2018/2662.

 

We refer to your request dated 09/05/2018 in which you make a request for
access to documents, registered on the 14/05/2018 under the above
mentioned reference number.

Please find enclosed an advance copy of the reply to your request which
you will also receive by registered letter. We apologize for the delay in
responding.

 

 

Yours faithfully,

JRC Access Documents

 

 

 

 

References

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4. https://webgate.ec.testa.eu/Ares/ext/doc...

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Attachment DG reply to EUObserver final.docx
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[4]Ares(2018)4151603 - Gestdem 2018/2662

Sent by ve_jrc.access documents (JRC) <[DG JRC request email]>.
All responses have to be sent to this email address.
Envoyé par ve_jrc.access documents (JRC)
<[DG JRC request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

 

In addition to our previous mail, please find enclosed a draft of the
accompanying reply letter to your request of 09/05/2018.

 

 

JRC ACCESS TO DOCUMENTS TEAM

References

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3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/ext/doc...

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Von: Peter

Delivered

Dear Madam, Sir,

I refer to my application for access to documents, which was registered on 14/05/2018 under reference number GestDem 2018/2662. First let me express my gratitude for providing most of the documents, and accept your apologies for the final reply which indeed came late.

I would like to file a confirmatory application with regard to the decision not to grant access to the following documents:

4. "JRC109961_fiat"

5. "JRC109983_fiat"

6. "JRC109985_anonymized_vehicle_sept2017_deliv_interim_task_5_1_aa_dg_grow_si2_730104_v1"

These documents relate to NOx emissions tests carried out by the Joint Research Centre in light-duty vehicles. Poisonous NOx emissions can have damaging, potentially lethal, effects on human health, as well as do considerable harm to the environment.

The European Union is party to the Aarhus Convention, a 1998 treaty which deals with the rights of citizens to access to environmental information. I would like to argue that the NOX emissions test results of these vehicles are environmental information as defined in article 2 of the convention.

I also would like to have a more elaborate explanation why the results of testing activities referred to in document 6 are “jointly owned by the European Union and a car manufacturer”, because I don't understand how JRC testing activities can be “jointly owned” with a corporation.

In addition, if the ownership of these testing activities indeed lies with both the EU and the manufacturer, then some kind of contract or document should exist which states the framework of that ownership. That hypothetical document should have been included in the consideration of my access to documents request, but it has not.

I am looking forward to your reply.

All the best,
Peter Teffer

postal address:
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/nox_...

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Von: EC ARES NOREPLY

[1]Ares(2018)4245841 - RE: Internal review of access to documents request
- NOx emission tests

Sent by ve_jrc.access documents (JRC) <[DG JRC request email]>.
All responses have to be sent to this email address.
Envoyé par ve_jrc.access documents (JRC)
<[DG JRC request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir ,
 
 Thank you for your email dated 13/08/2018, by which you request,
pursuant  to Regulation No 1049/2001 regarding public access to European
Parliament,
 Council and Commission documents, a review of the position taken by JRC
in reply to your initial application GESTDEM 2018/2662.
 
 We hereby acknowledge receipt of your confirmatory application for
access  to documents which was registered on 14/08/2018 -
Ares(2018)4245735
 
 Your application will be handled within 15 working days (05/09/2018). In 
case this time limit needs to be extended, you will be informed in due 
course.
 
 Please be informed that the answer to your confirmatory application is a 
formal Commission decision that will be notified to you by express 
delivery.
 
 JRC ACCESS DOCUMENTS
 

References

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Dear Peter Teffer,
Thank you for your email dated 16 August 2017 to the Joint Research Centre
(JRC), by which you request, pursuant to Regulation No 1049/2001 regarding
public access to European Parliament, Council and Commission documents, a
review of the position taken by JRC in reply to your initial application
GESTDEM 2018/2662.
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 17/08/2018 (Ares(2018)4283761A).
Your application will be handled within 15 working days (07/09/2018). In
case this time limit needs to be extended, you will be informed in due
course.
Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. We kindly offer you the possibility to provide us a contact
phone number (by email to [email address]), so that the external
delivery service can contact you in case of absence.
Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service.
 
Best regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[1][email address]
 
 
 
 

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[5]Ares(2018)4600720 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2018/2662

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Teffer,

 

I refer to your e-mail of 16 August 2018, registered on the next day, by
which you submit a confirmatory application in accordance with Article
7(2) of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents.

 

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements we need to carry out
a full analysis of your request in order to take a final decision and,
therefore, we are not in a position to reply to your confirmatory request
within the prescribed time limit expiring on 7 September 2018.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation 1049/2001. The new deadline
expires on 28 September 2018.

 

Yours sincerely,

 

 

Martine Fouwels

Deputy Head of Unit

 

European Commission

Secretariat General

Unit B4 (Transparency)

 

References

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5. https://webgate.ec.testa.eu/Ares/ext/doc...

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[5]Ares(2018)4994082 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2018/2662

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Teffer,

 

I refer to your email of 16 August 2018, registered on the next day, by
which you submit a confirmatory application in accordance with Article
7(2) of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (‘Regulation 1049/2001’).

I also refer to our holding reply of 7 September 2018, by which the time
limit for replying to your confirmatory application was extended by 15
working days, pursuant to Article 8(2) of Regulation 1049/2001. This
extended time limit expires on 28 September 2018.

I regret to have to inform you that we will not be able to respond within
the extended time-limit, as we have not yet finalised ongoing
consultations. I can assure you that we are doing our utmost to provide
you with a final reply as soon as possible.

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

 

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

European Commission

[6]cid:image001.gif@01D13362.41D673C0

Secretariat General

SG.B.4 – Transparency

 

References

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5. https://webgate.ec.testa.eu/Ares/ext/doc...

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