Car industry lobbyists, CARS21 and Better Regulation - confirmatory application

Olivier Hoedeman made this access to documents request to Secretariat General of the European Commission

The request was partially successful.

From: Olivier Hoedeman

Delivered

Dear Secretariat General,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I would like to submit a confirmatory application:

On March 9th 2016, DG GROW responded to my application for access to documents submitted and registered 27/01/2016 (GESTDEM No. 2016/348). Six documents were (partially) released. On February 17th DG GROW extended the time limit with another 15 working days. In its response on March 9th, DG GROW wrote that "we have understood "European Commission officials" to exclude the Commissioner for DG Enterprise and Industry. In addition, we have understood "meetings between European Commission officials and representatives of" to mean bilateral meetings".

I would like to appeal both decisions on the interpretation of my request. Both unduly limit the scope of the request. I also note that DG GROW could have consulted with me about this interpretation at an early stage, at the latest around February 17th when they extended the time limit for responding to the request. DG GROW provided no arguments for narrowing down the scope of my request this way.

The interpretation of "European Commission officials" as excluding the Commissioner for DG Enterprise and Industry is not justified. While there are a differences between a Commissioner and other Commission officials, it is common sense to include everyone in the Commission in the category "European Commission officials".

Narrowing the interpreting of "meetings between European Commission officials and representatives of" to mean only "bilateral meetings" is not justified. There is nothing in my request that indicates that it should not cover meetings with several or many car companies and lobby groups present. It is a misinterpretation of the request.

Finally, the names of both Commission officials and car industry representatives were removed from the six documents. I would like to appeal this. The disclosure of the names is necessary in order to assess whether these Commission officials and car industry representatives since went through the revolving door into roles that might involve conflicts of interest.

Yours faithfully,

Olivier Hoedeman
on behalf of Corporate Europe Observatory (CEO)

Corporate Europe Observatory (CEO)
Rue d'Edimbourg 26,
1050 Brussels, Belgium

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Dear Mr Hoedeman,
 
Thank you for your email dated 21/03/2016, 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 DG
GROW in reply to your initial application GESTDEM 2016/348.
 
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 22/03/2016 (Ares(2016)1418033).
 
Your application will be handled within 15 working days (15/04/2016).   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 [1][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, and that it will
delete it immediately thereafter.
 
Yours faithfully,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[2][email address]
 

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Dear Mr Hoedeman,
 
We hereby acknowledge receipt of your complementary request for access to
documents which you included in your confirmatory application GESTDEM
2016/348 :
 
- all correspondence (including emails) between the Commissioner for DG
Enterprise and Industry
      and representatives of Volkswagen, Renault, Volvo, Fiat,
     Ford, ACEA and other car companies and car industry lobby groups,
     in which CARS21 and/or Better Regulation was discussed (between
     January 2004 and June 2006 as well as between January 2010 and
     December 2012);
 
This complementary request has been registered on 12/04/2014 under
reference number GESTDEM 2016/1887, and will be dealt with by DG GROW at
initial stage.
 
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
03/05/2016.
 
In case this time limit needs to be extended, you will be informed in due
course.
 
Yours faithfully,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]
 

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Attachment HOEDEMAN 2016 348 HR1.pdf
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Dear Mr Hoedeman,

 

Please find attached a letter concerning your confirmatory application for
access to documents under Regulation (EC) No 1049/2001 - GESTDEM
No 2016/348

 

Yours sincerely,

 

TEAM ACCESS DOCUMENTS
[1]cid:image001.gif@01D10B5D.0CD08030
European Commission
Secretariat General

Unit B4 - Transparency

 

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Attachment 2016 348.pdf
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Attachment 1 annex.pdf
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Attachment 3 annex.pdf
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Dear Sir,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2016/348, adopted on 28/04/2016 in the above-mentioned
case.

 

Please note that the Secretariat General of the European Commission will
proceed with the formal notification of the decision in the coming days.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours sincerely,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

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Secretariat General of the European Commission


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Dear Mr Hoedeman,
 
We refer to your request for access to documents registered on 12/04/2016
under the above mentioned reference number.
 
Your application is currently being handled. However, since the
consultation of documents/files is still ongoing, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today (03/05/2016).
 
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 30/05/2016.
 
We apologise for this delay and for any inconvenience this may cause.
 
Yours faithfully,
The access to documents team
European Commission
DG for Internal Market, Industry, Entrepreneurship and SMEs
Unit A5
 
 
_____________________________________________

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Attachment GESTDEM 2016 1887 Hoedeman Document register.pdf
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Attachment GESTDEM 2016 1887 Hoedeman Reply.pdf
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Attachment GESTDEM 2016 1887 Hoedeman documents.zip
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Dear Mr Hoedeman,

 

please find enclosed a reply letter concerning your access to documents
request GestDem 2016/1887, a document register, and the related documents.

 

Best regards,

 [1]cid:image001.png@01D1BA8F.0CEDDD60

European Commission
DG Internal Market, Industry, Entrepreneurship and SMEs
Automotive and Mobility Industries Unit

 

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