Ref. Ares(2020)4355107 - 21/08/2020
EUROPEAN COMMISSION
Secretariat-General
Directorate C – Transparency, Efficiency and Resources
SG.C.1-Transparency, Document Management and Access to Documents
Brussels,
By registered letter with AR:
Mr Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles
Belgium
Copy by e-mail:
ask+request-7504-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your e-mail concerning your applications for access to documents
under Regulation (EC) No 1049/2001 - GESTDEM 2020/2250
Dear Mr Fanta,
I refer to your e-mail of 29 June 2020, registered on the same day, in which you
submitted a confirmatory application, in accordance with Article 7(2) of Regulation (EC)
No 1049/2001 regarding public access to European Parliament, Council and Commission
documents1 (hereafter ‘Regulation (EC) No 1049/2001’).
Your confirmatory application was submitted in relation to your initial application of
10 December 2019, addressed to the Directorate-General for Internal Market, Industry,
Entrepreneurship and SMEs and subsequently handled by the Directorate-General for
Agriculture and Rural Development, whereby you requested access to, I quote:
‘- Communication with stakeholders ahead of the adoptions of Commission
Regulation (EC) No. 2257/94, also known as the 'bendy bananas law'. The
question I would like to answer is who pushed for the regulation in the first
place.’
You replied on 17 April 2020 to our request for clarification, whereby you clarified, I
quote:
‘- The communications with stakeholders in the process of drafting the
Regulation (EC) No 2257/94, including minutes of meetings with company and
1 OJ L 145, 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
trade association representatives (i.e. lobbyists) as well as letters, position papers
and other documents from such persons or groups, such as submissions to
stakeholder consultations. The time frame should be from the first public proposal
of the law until its adoption.’
On 2 June 2020 the Directorate-General for Agriculture and Rural Development replied
to your request granting wide partial access to 29 out of 41 documents.
In your confirmatory application, you inquire about the remaining documents, I quote:
‘I received a partial reply in early June which gave me access to 29 out of 41
documents. The other documents originate from national authorities. I was told
that they have been consulted and I would receive a reply as soon as they
respond.
First of all, I would like to know whether replies have been sent. If so, I would
like to ask for the replies to be passed on. Also, I would like to note that in a reply
to a separate request under German law I was told that the Ministry of Agriculture
did not receive any request for consultation with the EU Commission (see link to
exchange below). I would like to inquire whether the requests for consultation
have actually been send in all cases.’
As the Directorate-General for Environment has in the meantime sent you on 16 July
2020 a full reply to your application, the Secretariat-General will close this confirmatory
application.
Yours sincerely,
María Oliván Avilés
Head of Unit
2
Electronically signed on 21/08/2020 09:40 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
