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Contacts ECHA employee and third parties

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Dear European Chemicals Agency,

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 records of communications -- including, but not limited to, emails, letters, phone logs, minutes of meetings, or any other reports of such meetings -- between Fabrice Broeckaert, employee of ECHA, and the following corporations , individuals and organizations:

-Bayer
-Monsanto
-BASF
-Syngenta
-DuPont
-Dow Chemical
-AkzoNobel
-Tier3 Solutions
-ECPA
-CEFIC
-CropLife International
-CropLife America
-American Chemistry Council
-ECETOC
-ILSI
-FleishmanHillard
-Hill+Knowlton
-Ketchum
-Burson Marsteller
-v-Fluence
-Exponent
-Gradient
-Hume Brophy
-Edelman
-acumen
-Genius
-knoell
-Alan Boobis
-Roland Solecki
-Angelo Moretto
-Wolfgang Dekant
-Helmut Greim
-Daniel Dietrich
-Colin Berry
-Richard Sharpe
-Gary Williams
-Pat Heslop-Harrison
-David Kirkland
-Richard Garnett
-David Saltmiras
-Keith Solomon
-Donna Farmer
-William Heydens
-Jerry Rice
-Larry Kier
-Mark Martens

(between January 1st 2015 and January 1st 2017).

This request entails all representatives of the corporations and organizations mentioned above, or anyone explicitly speaking on their behalf.

Do not hesitate to get back to me should you need any further information which could facilitate your research.

Kind regards,
Vincent Harmsen

Postal address:
[ADDRESS REDACTED]
[ADDRESS REDACTED]
[ADDRESS REDACTED]

ECHA ATD, European Chemicals Agency

Dear Mr Harmsen,

 

We refer to your request for access to documents dated 10 July 2017.

 

We hereby acknowledge receipt of your application for access to documents,
which has been registered under reference ATD 57/2017 on 11 July 2017.

 

You request access to all records of communications - including, but not
limited to, emails, letters, phone logs, minutes of meetings, or any other
reports of such meetings - between Fabrice Broeckaert, employee of ECHA,
and the individuals and organizations listed in your email.

 

We wish to clarify the scope of your request. We would like to know
whether you seek access to the documents, as defined in your request, in
relation to a specific substance or substances that has or have been
brought through any process (such as the Harmonised Classification and
Labelling process ) at ECHA between January 1st 2015 and January 1st 2017.
If so could you please specify the substance(s) you are interested in.

 

This clarification will help ECHA to process your request promptly.

 

We therefore invite you, in accordance with Article 6(2) of Regulation
(EC) No 1049/2001 regarding public access to documents (the “ATD
Regulation”), to provide us with more detailed information on the
documents which you seek to obtain.

 

As set out in the Management Board decision on the implementation of the
ATD Regulation in ECHA ([1]MB/12/2008 final), the deadline for replying to
your request will run only from the time we have received your
clarification.

 

We would appreciate receiving the clarification of your application by 18
July 2017.

 

In accordance to Article 6 of the ATD Regulation, in the event of an
application relating to a very long document or to a very large number of
documents, ECHA can negotiate with you the deadline of reply, with a view
to finding a fair solution.

 

Thank you for your cooperation.

 

Kind regards,

 

Access to documents team

European Chemicals Agency

 

This e-mail, including any files, is intended for the use of the
individual to whom it is addressed. If you have received this message in
error, please notify the author as soon as possible and delete the message

 

 

 

 

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Dear ECHA,

Thanks a lot for your email. I am interested in all communications, not related to any specific substance or substances.
Please let me know if there is any other way in which I can facilitate your research.

Kind regards,
Vincent Harmsen

Dear ECHA,

Did you receive my last email in good order?

Kind regards,
Vincent Harmsen

ECHA ATD, European Chemicals Agency

Dear Mr Harmsen,

It seems that our response yesterday did not reach you, we apologize for that.

We acknowledge receipt of your email of 11 July 2017 by which you confirm the scope of your request as related to "all communications, not related to any specific substance or substances" and you kindly offer your cooperation to facilitate the process.

Your request is currently being processed by our services.

Kind regards,

Access to documents team
European Chemicals Agency

This e-mail, including any files, is intended for the use of the individual to whom it is addressed. If you have received this message in error, please notify the author as soon as possible and delete the message

show quoted sections

Dear ECHA,

Thanks a lot for your message and clarification.

Kind regards,
Vincent

ECHA ATD, European Chemicals Agency

Dear Mr Harmsen,

We acknowledge receipt of your email dated 11 July 2017 by which you inform ECHA that your request under reference ATD/57/2017 concerns "all communications, not related to any specific substance or substances".

Your request is being processed.

Kind regards,

Access to documents team
European Chemicals Agency

This e-mail, including any files, is intended for the use of the individual to whom it is addressed. If you have received this message in error, please notify the author as soon as possible and delete the message

show quoted sections

ECHA ATD, European Chemicals Agency

Dear Mr Harmsen,

We refer to your email dated 10 July 2017 in which you make a request for
access to documents under Regulation (EC) No 1049/2001 (the “ATD
Regulation”). Your request was registered on 11 July 2017.

Your application concerns all communications between Mr Fabrice Broeckaert
and certain individuals and organisations (as listed in your email)
between 1 January 2015 and 1 January 2017.

On 11 July 2017, you clarified that the request concerns all
communications and is not limited to any specific substance or substances.

As your request concerns identified natural persons (i.e. the named
individuals in your request), the information at issue constitutes a set
of personal data. Disclosure of the documents containing personal data is
considered a transfer of personal data within the meaning of Article 8 of
Regulation (EC) No 45/2001. Accordingly, the exception to disclosure under
Article 4(1)(b) of the ATD Regulation is relevant. Personal data may be
transferred to a third party on the basis of the ATD Regulation only where
that transfer fulfils certain conditions, including that the person
applying for access establishes the necessity of transferring the data.

Accordingly, we kindly ask you to give reasons capable of justifying the
necessity for ECHA to transfer the requested personal data.

ECHA will then determine whether reasons exist as to assume that the
transfer might prejudice the legitimate interests of the data subjects. If
there is no such reason, the transfer will be made.

Moreover, taking into account that Mr Fabrice Broeckaert is currently on
annual leave, his individual mailbox cannot be accessed. So far, the
handling of your request has involved searching into the functional
mailbox used by the staff member. Some documents originating from third
parties were found and will follow the procedure described in Article 4(4)
of the ATD Regulation.

ECHA is committed to treat requests under the ATD Regulation within the
shortest timeframe possible, and within the legal deadlines. However, in
light of the above, already now it can be envisaged that it will be
extremely difficult for ECHA to provide you with the relevant documents
within the normal time limits set out in Article 7 (including the
extension of deadline), i.e. within 15+15 working days. 

 

As provided for by Article 6(3), we would like to propose a fair solution
in order to ensure that all ECHA’s legal obligations are being met and
with a view to disclosing the requested document as soon as possible. We
propose to send you a reply on your request as soon as it is available and
by 15 September 2017 at the latest. In addition, if you find this helpful,
we could also disclose the communication in batches as we finalise the
search in the mailboxes.

 

You are kindly requested to inform us whether you agree to this proposal
by 28 July 2017, and to provide us with some justification establishing
the necessity of the transfer as explained above.

 

Thank you in advance for your understanding.

Kind regards,

 

Access to documents team

European Chemicals Agency

 

This e-mail, including any files, is intended for the use of the
individual to whom it is addressed. If you have received this message in
error, please notify the author as soon as possible and delete the message

 

 

Dear ECHA,

Given the fact that my request relates to documents containing information that is purely produced as part of the activities of a senior public official and relates to public business, there is little scope for labeling the content as ‘personal data’ under Article 8 of Regulation (EC) No 45/2001.

If however, you still understand that the information requested constitutes personal data, then there are clear reasons for giving access to that data:

1. The information relates to the activities of the individual in his public capacity and carrying out public business;
2. The information would help make the decision making process of the institution more transparent;
3. Disclosure of the requested information would serve the general interests of transparency of public business, since I as a journalist am asking for access to this information in order to instigate or fuel a debate of public interest;
4. Since the information relates to the activities of an individual with a previous career in the private sector, specifically working for (chemical) companies that have a financial interest in the work of ECHA, there is a very strong public interest in transparency to examine and scrutinise any potential conflicts of interest.

Kind regards,
Vincent Harmsen

Relating the time frame: I understand my request is extensive. I accept your proposal for sending a reply as soon as it is available and by 15 September 2015 at the latest. I also would like to make use of your offer to receive the disclosed communications in batches. One important condition for me is to receive the first batch of communications no later than 15 August 2017. Would that be possible for you?

Best wishes,
Vincent Harmsen

ECHA ATD, European Chemicals Agency

Dear Mr Harmsen,

 

Thank you for providing us with reasons justifying the necessity for ECHA
to transfer personal data.

 

ECHA will continue handling your request in accordance with the ATD
Regulation and Regulation (EC) No 45/2001.

 

We appreciate the fact that you have accepted our fair solution proposal
with regards the deadline of 15 September 2017. In return we also agree to
provide you with a first batch of the communications found within the
scope of your request by 15 August 2017.

 

Kind regards,

 

 

Access to documents team

European Chemicals Agency

 

This e-mail, including any files, is intended for the use of the
individual to whom it is addressed. If you have received this message in
error, please notify the author as soon as possible and delete the message

 

show quoted sections

ECHA Classification, European Chemicals Agency

10 Attachments

Dear Mr Harmsen

 

With reference to your request (ATD/57/2017) please find attached a reply
from Mr Jack de Bruijn, Director of Risk Management.

 

Best regards,

 

Sharon Spiteri Enden

Classification and Prioritisation Unit
European Chemicals Agency
Annankatu 18, P.O. Box 400, FI-00121 Helsinki, Finland
Tel: +358 9 686 1 8865

[1][email address]
[2]http://echa.europa.eu/ 

[3]http://echanet.echa.europa.local/support...

The above represents the opinion of the author and is not an official
position of the European Chemicals Agency. This email, including any files
attached to it, is intended for the use of the individual to whom it is
addressed. If you have received this message in error, please notify the
author as soon as possible and delete the message.

 

 

 

References

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2. http://echa.europa.eu/
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4. https://www.facebook.com/EUECHA
5. https://www.youtube.com/user/EUchemicals
6. https://www.linkedin.com/company/europea...

ECHA ATD, European Chemicals Agency

Dear Mr Harmsen,

 

During the third party consultation, ECHA has received a request to
disclose the identity of the applicant of the access to documents
application ATD/57/2017.

 

We seek your consent to disclose the information that you, Mr Harmsen, is
the applicant in the above mentioned application.

 

We will appreciate to receive your reply by Friday 8 September.

 

Thank you in advance,

 

 

Access to documents team

European Chemicals Agency

 

This e-mail, including any files, is intended for the use of the
individual to whom it is addressed. If you have received this message in
error, please notify the author as soon as possible and delete the message

 

 

ECHA Classification, European Chemicals Agency

7 Attachments

Dear Mr Harmsen

 

With reference to your request (ATD/57/2017) please find attached a reply
from Mr Jack de Bruijn, Director of Risk Management.

 

Best regards,

 

Maria Jesus MARTIN

Classification and Prioritisation Unit
European Chemicals Agency
Annankatu 18, P.O. Box 400, FI-00121 Helsinki, Finland
Tel: +358 9 686 1 8865

[1][email address]
[2]http://echa.europa.eu/ 

[3][IMG] [4][IMG] [5][IMG] [6][IMG]

The above represents the opinion of the author and is not an official
position of the European Chemicals Agency. This email, including any files
attached to it, is intended for the use of the individual to whom it is
addressed. If you have received this message in error, please notify the
author as soon as possible and delete the message.

 

 

 

 

 

 

References

Visible links
1. mailto:[email address]
2. http://echa.europa.eu/
3. http://www.twitter.com/EU_ECHA
4. https://www.facebook.com/EUECHA
5. https://www.youtube.com/user/EUchemicals
6. https://www.linkedin.com/company/europea...

ECHA Classification, European Chemicals Agency

6 Attachments

Dear Mr Harmsen

 

With reference to your request (ATD/57/2017) please find attached a reply
from Mr Jack de Bruijn, Director of Risk Management.

 

Best regards,

 

Maria Jesus MARTIN

Classification and Prioritisation Unit
European Chemicals Agency
Annankatu 18, P.O. Box 400, FI-00121 Helsinki, Finland
Tel: +358 9 686 1 8865

[1][email address]
[2]http://echa.europa.eu/ 

[3][IMG] [4][IMG] [5][IMG] [6][IMG]

The above represents the opinion of the author and is not an official
position of the European Chemicals Agency. This email, including any files
attached to it, is intended for the use of the individual to whom it is
addressed. If you have received this message in error, please notify the
author as soon as possible and delete the message.

 

References

Visible links
1. mailto:[email address]
2. http://echa.europa.eu/
3. http://www.twitter.com/EU_ECHA
4. https://www.facebook.com/EUECHA
5. https://www.youtube.com/user/EUchemicals
6. https://www.linkedin.com/company/europea...

We don't know whether the most recent response to this request contains information or not – if you are Vincent Harmsen please sign in and let everyone know.