Ref. Ares(2017)5405401 - 07/11/2017
EUROPEAN COMMISSION
Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs
Consumer, Environmental and Health Technologies
Chemicals
Brussels
grow.ddg1.d.2(2017)6013033
Mr Mihkel Poola
ask+request-4653-
xxxxxxxx@xxxxxxxx.xxx
Dear Mr Poola,
Subject:
Your application for access to documents –
Ref GestDem No 2017/5418
We refer to your request for access to documents, registered on 19 September 2017 under
the above mentioned reference number.
1. SCOPE OF YOUR REQUEST
You request access to "
[d]ocuments related to the Proposal of the European Commission
for a regulation of the European Parliament and of the Council laying down rules on the
making available on the market of CE marked fertilising products and amending
Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (hereafter: the “Proposal”)
and more specifically related to the topic of limits for contaminants in fertilizers, or at
which such limits were discussed:
(a) Any document related to meetings or other communications, such as, but not limited
to
1) meeting requests,
2) list of participants and parties on whose behalf such meetings were requested or
whose interests were represented,
3) any materials submitted before, during or after such meetings,
4) any correspondence related to such meetings or to topics discussed or to be discussed
at such meetings,
5) any follow-up documents, such as minutes, conclusions or summaries generated after
such meetings, with private parties (including third parties), their representatives,
associations, or other collective bodies, held or requested or received between 1 January
2012 and 17 March 2016, of which the topic was, or turned out to be, limits for
contaminants in fertilizers, or at which such limits were discussed;
1
(b) Any document related to meetings or other communications, such as, but not limited
to
1) meeting requests,
2) list of participants and parties on whose behalf such meetings were requested or
whose interests were represented,
3) any materials submitted before, during or after such meetings,
4) any correspondence related to such meetings or to topics discussed or to be discussed
at such meetings,
5) any follow-up documents, such as minutes, conclusions or summaries generated after
such meetings, with private parties (including third parties), their representatives,
associations, or other collective bodies, held or requested or received between 17 March
2016 and 18 September 2017, of which the topic was, or turned out to be, limits for
contaminants in fertilizers, or at which such limits were discussed;
(c)Any document, including, but not limited to,
1) internal correspondence of EC officials, as well as with outside parties, relating to
limits to be proposed,
2) documents showing why specific numbers (and not other numbers) were proposed and
chosen as limits for specific contaminants in the Proposal,
3) different drafts of Proposal related to contaminants and Annex I prior to its
finalization,
4) your version of the Proposal,
5) your input during the inter-service consultations on the Proposal with respect to
contaminant limits,
6) any opinions of lawyers relevant to contaminant limits, held or requested or received
between 1 January 2012 and 18 September 2017, related to the adoption of the Proposal
in the part relevant to limits on contaminants in fertilizers."
2. INFORMATION AVAILABLE FROM OTHER SOURCES
As mentioned to you in our communication dated 10 October 2017, which was sent to
your correct e-mail address on 12 October 2017, many interesting databases with
information on this topic are already publically available, or available to anyone
following simple registration. We refer to the links we included in that communication,
and reiterate our readiness to assist you in navigating towards the parts of the databases
that might be most relevant for your topic of interest, because of the large number of
documents contained therein.
3. DISCLOSURE OF 41 DOCUMENTS
On top of those documents, we have until now managed to identify 41 documents that
match the scope of the request.
2
Due to the large number of documents concerned by your request, we are still working in
preparing the relevant documents. The list of the 41 documents ready to be disclosed is in
annex. A reply concerning the second batch of documents will follow in the coming
days.
You may reuse the documents originated from the Commission free of charge for non-
commercial and commercial purposes provided that the source is acknowledged, and 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 reuse1. Instead, the documents
received from third parties are disclosed for information only and cannot be re-used
without the agreement of the originators, who hold a copyright on them. They do not
reflect the position of the Commission and cannot be quoted as such.
Some of the documents to which you have requested access contain personal data.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its disclosure would undermine the protection of privacy and the integrity of
the individual, in particular in accordance with Community legislation regarding the
protection of personal data. The applicable legislation in this field is 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 data2.
When access is requested to documents containing personal data, Regulation (EC)
No 45/2001 becomes fully applicable3. 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 that it cannot be assumed
that such disclosure would not prejudice the legitimate rights of the persons concerned.
Therefore, we are disclosing the documents requested expunged from this personal data.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal data
protection, you are entitled, in accordance with Article 7(2) of Regulation 1049/2001, to
make a confirmatory application requesting the Commission to review this position.
1
See the Decision of the Commission of 12 December 2011 (2011/833/EU), OJ L 330/39 of
14 December 2011 for details; this Decision does not apply to documents for which third parties
hold the copyrights, Article 2 (2) (b).
2
Official Journal L 8 of 12.1.2001, p. 1
3
Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The
Bavarian Lager Co. Ltd, ECR 2010 I-06055.
3
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/282
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
-e-signed-
Luisa Prista
Head of Unit
Annexes:
Document register
Zipped file containing 41 documents
4
DATE
TITLE
ARES reference
AUTHOR
ADRESSEE
16/01/2012 Study on options to fully harmonise the EU Ares(2017)5302787
Bipro
European Commission
legislation on fertilising materials
16/01/2012 Annexes to Study on options to fully Ares(2015)4535306
Bipro
European Commission
harmonise the EU legislation on fertilising
materials
16/01/2012 Annex VI to Study on options to fully Ares(2017)5302787
Bipro
European Commission
harmonise the EU legislation on fertilising
materials
01/2012
Thought starter for Working Groups
Ares(2017)4893952
ENTR D2
WG participants
18/01/2012 Report of meeting of "Working Group 3"
Ares(2017)4893952
ENTR D2
WG participants
20/04/2012 Report of meeting of "Working Group 3"
Ares(2017)4893952
ENTR D2
WG participants
20/09/2012 Report of meeting of "Working Group 3"
Ares(2017)4893952
ENTR D2
WG participants
02/04/2014 Mission report
Ares(2016)6494685
ENTR D2
Internal
20/04/2015 Letter from KV and EB to Azoty
Ares(2016)6494685
Commissioners
Groupa Azoty
Bieńkowska and Vella
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
25/01/2016 Review of the regulation on the placing on ARES(2016)978086
Zentralverband Gartenbau Jyrki Katainen
the market of fertilizers
(ZVG)
05/02/2016 Letter from Fertilizers Europe regarding ARES(2016)648259
Fertilizers Europe
Timmermans,
Bienkowska,
proposal for new fertilizer regulation
Katainen,
Vella,
Hogan,
Malmström,
Italianer,
Evans,
Calleja Crespo, Plewa
09/02/2016 Position of the group AZOTY on the new ARES(2016)688033
Groupa Azoty
Bienkowska Elzbieta
regulation on fertilizers
09/02/2016 Position of the group AZOTY on the new ARES(2016)688033
Groupa Azoty
Bienkowska Elzbieta
regulation on fertilizers (cover letter)
09/02/2016 Position of the group AZOTY on the new ARES(2016)688033
Groupa Azoty
Bienkowska Elzbieta
regulation on fertilizers (cover letter)
15/02/2016 Spanish Magrama Position on Cadmium Ares(2017)719875
MAGRAMA
GROW/D2
content in phosphate fertilisers
15/02/2016 Cover letter Spanish Magrama Position on Ares(2017)719875
MAGRAMA
GROW/D2
Cadmium content in phosphate fertilisers
6
18/02/2016 Letter from Polish Chamber of Chemical ARES(2016)902727
Polish
Chamber
of Bienkowska,
Katainen;
Industry
Chemical Industry
Timmermans,
Vella,
Hogan,
Malmström, Italianer, Pettinelli
19/02/2016 Fertilizer regulation and cadmium in ARES(2016)885646
Fertilizers Europe
Husak Tomasz
phosphate fertilizers
19/02/2016 Fertilizer regulation and cadmium in ARES(2016)885646
Fertilizers Europe
Husak Tomasz
phosphate fertilizers (cover note)
22/02/2016 Cover note PIPC to Cabinets
ARES(2016)902727
Polish
Chamber
of Bieńkowska,
Katainen;
Chemical Industry
Timmermans,
Vella,
Hogan,
Malmström, Italianer, Pettinelli
23/02/2016 Letter from Tervalis (Fertinagro) regarding ARES(2016)947904
Tervalis
Bieńkowska Elzbieta
concerns on proposed EU limits on
Cadmium in phospate fertilisers
24/02/2016 Letter from OCP S.A. to Ms. Lowri Evans, Ares(2016)6299935
OCP
Evans Lowri
dated 24/02/2016 on the "Proposed EU
limits on cadmium in phosphate fertilisers"
24/02/2016 Letter from OCP S.A. to Ms. Elzbieta Ares(2016)967280
OCP
Bieńkowska Elzbieta
Bieńkowska, dated 24/02/2016 on the
"Proposed EU limits on cadmium in
phosphate fertilisers"
7
25/02/2016 Email ANFFE to Cabinets
ARES(2016)970467
ANFFE
Bieńkowska Elzbieta
25/02/2016 Letter from ANFFE
Ares(2016)970467
ANFFE
Bieńkowska Elzbieta
02/03/2016 Cadmium in Phosphate fertilisers
ARES(2016)1065600 ROULLIER
Bieńkowska Elzbieta
11/03/2016 Letter from Bieńkowska to Fertilisers ARES(2016)1240435 Bieńkowska Elzbieta
Fertilisers Europe
Europe
11/03/2016 Reply from Lowri Evans to Tervalis Ares(2016)1252873
Lowri Evans
Tervalis (Fertinagro)
(Fertinagro)
16/03/2016 Reply from Unit D2 to Zentralverband Ares(2016)1319605
GROW/D2
Zentralverband Gartenbau e.V.
Gartenbau e.V.
17/03/2016 Reply from Bieńkowska to OCP
Ares(2016)6299935
Bieńkowska Elzbieta
OCP
17/03/2016 Reply from Unit D2 to ANFFE
Ares(2016)1361833
GROW/D2
ANFFE
20/04/2016 R- Position of the Group AZOTY
ARES(2016)1873964 Bieńkowska Elzbieta
Group AZOTY
22/04/2016 Polish Permanent Representation to the EU Ares(2016)1997883
Polish
Permanent Cabinet
Bieńkowska
Husak
Representation
Tomasz
12/05/2016 Reply from Jyrki Katainen
Ares(2016)2228425
Jyrki Katainen
Polish Chamber of Chemical
Industry
8
24/05/2016 Revision of EU Fertilizer Regulation
ARES(2016)2498434 Polish
Chamber
of Bienkowska,
Katainen;
Chemical Industry
Timmermans,
Vella,
Hogan,
Malmström, Italianer, Pettinelli
09/06/2016 R-Letter Deputy Prime Minister of Poland ARES(2016)2691849 Bieńkowska Elzbieta
Morawiecki Mateusz
Mateusz
Morawiecki
-
CE
marked
fertilising products
13/06/2016 Cover note to briefing paper by OCP S.A.
Ares(2016)5883374
OCP
DG GROW
13/06/2016 Briefing paper by OCP S.A.
Ares(2016)5883374
OCP
DG GROW
15/06/2016 Report from a meeting with the legal Ares(2016)3477575
DG GROW
Internal
representatives of OCP
06/07/2016 Report from a meeting with OCP
Ares(2016)5861100
DG GROW
Internal
15/09/2016 Email from Phosagro
Ares(2016)5359974
Phosagro
Cabinet Bieńkowska
9
Electronically signed on 06/11/2017 18:06 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563