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Contacts with Michel Petite and other Clifford Chance Staff

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Dear Legal Service,

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 documents related to contacts between Michel Petite, any other lawyers employed with Clifford Chance staff, and officials in Legal Services since January 1, 2011--including correspondence, minutes of meetings, and emails.

All documents related to revisions of the Tobacco Products Directive and the Implementing Acts of the Tobacco Products Directive since January 1, 2013.

Yours faithfully,

Aisha Down
[ADDRESS REDACTED]
[ADDRESS REDACTED]

ve_sg.accessdoc (SG), Legal Service

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2019)6158097 - RE: access to documents request - Contacts with
Michel Petite and other Clifford Chance Staff - Gestdem 2019/5641 and
2019/5642

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 Madam,

 

Thank you for your e-mail dated 03/10/2019. We hereby acknowledge receipt
of your application for access to documents, which was registered on
04/10/2019.

 

The first part of your request will be handled by the Legal Service under
Gestdem reference 2019/5641. The second part will be handled by DG SANTE
under Gestdem reference 2019/5642.

 

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 25/10/2019. 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 third-party 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 that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.

 

We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal
address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence.

 

In that case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

 

Yours faithfully,

 

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[7][email address]

 

 

 

 

 

show quoted sections

Legal Service

1 Attachment

Dear Ms Down,

We refer to your e-mail dated 03/10/2019 in which you make a request for
access to documents, registered on 04/10/2019 under the above-mentioned
reference number.

Please note that due to the wide scope of your request, parts of your
request have been attributed to another Directorate-General[1]^^[1]. This
reply relates only to the documents held by the Directorate-General for
Health and Food Safety. You received or will receive the reply from the
other Directorate-General in due course.

On the basis of Regulation (EC) No 1049/2001[2]^^[2], in the part of your
request falling under the responsibility of this DG, you requested access
to:

            ‘All documents related to revisions of the Tobacco Products
Directive[3]^^[3] and the Implementing Acts of the Tobacco Products
Directive since January 1, 2013.’

Documents concerning the legislative process are publicly available. Those
related to the revision of the Tobacco Products Directive can be found at
the following webpage:
https://ec.europa.eu/health/tobacco/prod...

 

Further information on the development of EU legislation concerning
tobacco products can be found at the webpages linked below:

As regards implementation acts, please see:

[4]https://ec.europa.eu/health/tobacco/prod...

 

As regards pictorials, please see:

[5]https://ec.europa.eu/health/tobacco/law/...

 

As regards characterising flavors, please see:

[6]https://ec.europa.eu/health/tobacco/prod...

 

As regards the track and trace system, please see:

[7]https://ec.europa.eu/health/tobacco/trac...

 

We trust that this reply serves to meet your request. In case you are
interested in additional documents, we invite you to submit a new request,
specifying the type of documents you are interested in and/or parties
concerned by the documents and to limit the scope of the request to a
specific timeframe and a specific topic related to the Tobacco Products
Directive, in order to allow us making a reasonable search in documents
management systems managed by the Commission and identifying the documents
falling under the scope of your request.

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.

Yours faithfully,

SANTE ACCESS TO DOCUMENTS

[8]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety

 

 

[1] The first part of your request is being handled by the Legal Service
under reference GestDem No 2019/5641.

2 Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

3 DIRECTIVE 2014/40/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3
April 2014 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning the manufacture,
presentation and sale of tobacco and related products and repealing
Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1–38).

 

 

------------------------

[9][1] The first part of your request is being handled by the Legal
Service under reference GestDem No 2019/5642.

[10][2] Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

[11][3] DIRECTIVE 2014/40/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 3 April 2014 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning the manufacture,
presentation and sale of tobacco and related products and repealing
Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1–38).

References

Visible links
1. file:///tmp/foiextract20191111-16232-1ttwj67#_ftn1
2. file:///tmp/foiextract20191111-16232-1ttwj67#_ftn2
3. file:///tmp/foiextract20191111-16232-1ttwj67#_ftn3
4. https://ec.europa.eu/health/tobacco/prod...
5. https://ec.europa.eu/health/tobacco/law/...
6. https://ec.europa.eu/health/tobacco/prod...
7. https://ec.europa.eu/health/tobacco/trac...
9. file:///tmp/foiextract20191111-16232-1ttwj67#_ftnref1
10. file:///tmp/foiextract20191111-16232-1ttwj67#_ftnref2
11. file:///tmp/foiextract20191111-16232-1ttwj67#_ftnref3

Legal Service

MEMOLI Renato (SANTE) would like to recall the message, "Your access to documents request Ref GestDem No 2019/5642".

Legal Service

1 Attachment

Dear Ms Down,

We refer to your e-mail dated 03/10/2019 in which you make a request for
access to documents, registered on 04/10/2019 under the above-mentioned
reference number.

Please note that due to the wide scope of your request, parts of your
request have been attributed to another Directorate-General[1]^[1]. This
reply relates only to the documents held by the Directorate-General for
Health and Food Safety. You received or will receive the reply from the
other Directorate-General in due course.

On the basis of Regulation (EC) No 1049/2001[2]^[2], in the part of your
request falling under the responsibility of this DG, you requested access
to:

            ‘All documents related to revisions of the Tobacco Products
Directive[3]^[3] and the Implementing Acts of the Tobacco Products
Directive since January 1, 2013.’

Documents concerning the legislative process are publicly available. Those
related to the revision of the Tobacco Products Directive can be found at
the following webpage:
https://ec.europa.eu/health/tobacco/prod...

 

Further information on the development of EU legislation concerning
tobacco products can be found at the webpages linked below:

As regards implementation acts, please see:

[4]https://ec.europa.eu/health/tobacco/prod...

 

As regards pictorials, please see:

[5]https://ec.europa.eu/health/tobacco/law/...

 

As regards characterising flavors, please see:

[6]https://ec.europa.eu/health/tobacco/prod...

 

As regards the track and trace system, please see:

[7]https://ec.europa.eu/health/tobacco/trac...

 

We trust that this reply serves to meet your request. In case you are
interested in additional documents, we invite you to submit a new request,
specifying the type of documents you are interested in and/or parties
concerned by the documents and to limit the scope of the request to a
specific timeframe and a specific topic related to the Tobacco Products
Directive, in order to allow us making a reasonable search in documents
management systems managed by the Commission and identifying the documents
falling under the scope of your request.

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.

Yours faithfully,

SANTE ACCESS TO DOCUMENTS

[8]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety

 

 

[1] The first part of your request is being handled by the Legal Service
under reference GestDem No 2019/5641.

2 Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

3 DIRECTIVE 2014/40/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3
April 2014 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning the manufacture,
presentation and sale of tobacco and related products and repealing
Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1–38).

 

 

------------------------

------------------------

[9][1] The first part of your request is being handled by the Legal
Service under reference GestDem No 2019/5642.

[10][2] Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

[11][3] DIRECTIVE 2014/40/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 3 April 2014 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning the manufacture,
presentation and sale of tobacco and related products and repealing
Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1–38).

References

Visible links
1. file:///tmp/foiextract20191111-16232-vfqdeo#_ftn1
2. file:///tmp/foiextract20191111-16232-vfqdeo#_ftn2
3. file:///tmp/foiextract20191111-16232-vfqdeo#_ftn3
4. https://ec.europa.eu/health/tobacco/prod...
5. https://ec.europa.eu/health/tobacco/law/...
6. https://ec.europa.eu/health/tobacco/prod...
7. https://ec.europa.eu/health/tobacco/trac...
9. file:///tmp/foiextract20191111-16232-vfqdeo#_ftnref1
10. file:///tmp/foiextract20191111-16232-vfqdeo#_ftnref2
11. file:///tmp/foiextract20191111-16232-vfqdeo#_ftnref3

ITURRITZA FERNANDEZ DE LANDA Maria Isabel, Legal Service

[1]Ares(2019)6556290 - access to documents request - reference - GestDem
2019/5641 - contacts with Michel Petite and other Clifford Chance Staff

Sent by ITURRITZA FERNANDEZ DE LANDA Maria Isabel (SJ)
<[email address]>. All responses have to be sent to this
email address.
Envoyé par ITURRITZA FERNANDEZ DE LANDA Maria Isabel (SJ)
<[email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms Down,

We refer to your below application, requesting access to documents under
Regulation (EC) No 1049/2001. As you were informed, the part of your
request concerning the 1st point has been attributed to the Legal Service
while the part relating to the 2nd point to DG SANTE.

The Legal Service is in the process of identifying any document matching
the terms stated in point 1. In this respect, we would like to ask you to
clarify if we should interpret this point as referring to contacts
relating to the (revision of) the Tobacco Products Directive.

In this regard, the Legal Service would like to underline that Clifford
Chance is a global law firm employing hundreds of lawyers dealing with a
high variety of subject matters.

Article 6(1) of Regulation (EC) No 1049/2001 provides that "applications
for access shall be made in a sufficiently precise manner to enable the
institution to identify the document". Pursuant to paragraph 2 of Article
6: "if an application is not sufficiently precise, the institution shall
ask the applicant to clarify the application and shall assist the
applicant in doing so ...".

Since your application is formulated in very broad terms without any
limitations as to the possible persons and matters concerned (in case of
no connection between the 1st and 2nd point of your request) and covering
a period of almost 9 years, we kindly request you to clarify its scope in
order to enable the Commission to identify the document(s) which would be
subject of your application.

Pending this clarification, the Legal Service is not in a position to deal
with your request.

Thank you for your understanding.

Yours sincerely,

___________________________

EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
Email: [SJ request email]

show quoted sections

Dear ITURRITZA FERNANDEZ DE LANDA Maria Isabel,

Thanks very much for this correspondence. DG Sante has already sufficiently answered point (2) of my request.

In accordance with your request for clarification, I hereby split point (2) of my previous request into 2 parts:

1. All documents related to contacts between Michel Petite and officials in Legal Services since January 1, 2011--including correspondence, minutes of meetings, and emails.

2. All documents related to lawyers employed with Clifford Chance AND officials in Legal Services RELATED to the Tobacco Products Directive between January 1, 2011 and January 1, 2015.

Yours sincerely,
Aisha Down

Legal Service

Dear Mrs Down,

We thank you for the clarifications concerning your request.

Please note that, in the meantime, the Legal Service has to request for an extension of the deadline to deal with your application, in accordance with Article 7(3) of Regulation (EC) No 1049/2001.
This is due to the large number and nature of the requests the Legal Service is presently dealing with as well as to the intensive searches to be made to identify the documents that would match the terms of your request. Please note that the new time limit expires on 18/11/2019.

We apologise for this delay and for any inconvenience this may cause. Thank you for your understanding.

___________________________

EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
Email: [SJ request email]

show quoted sections

ve_sj.acces docs (SJ), Legal Service

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2019)6662204 - Access to documents request - reference - GestDem
2019/5641 - contacts with Michel Petite and other Clifford Chance Staff

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mrs Down,

 

We thank you for the clarifications concerning your request. 

 

Please note that, in the meantime, the Legal Service has to request for an
extension of the deadline to deal with your application, in accordance
with Article 7(3) of Regulation (EC) No 1049/2001.

This is due to the large number and nature of the requests the Legal
Service is presently dealing with as well as to the intensive searches to
be made to identify the documents that would match the terms of your
request. Please note that the new time limit expires on 18/11/2019.

 

We apologise for this delay and for any inconvenience this may cause.
Thank you for your understanding.

 

 

Access to Documents team

 

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[email address]

 

show quoted sections

Legal Service

1 Attachment

Dear Mrs Down,
 
We refer to your above-mentioned request asking for documents under
Regulation (EC) No 1049/2001.  We also refer to our email dated 23/10/2019
asking for a clarification of your request as well as to our email of
28/10/2019 whereby we informed you that the time limit for handing your
application was extended by 15 working days pursuant to Article 7(3) of
that regulation.
 
Please be informed that we have proceeded to internal searches in view of
identifying any document that would fall under the scope of your request.
This process is still ongoing and, therefore, it will not be possible to
provide you with a reply within the extended deadline, which expires
today. Please be assured that we will do our utmost to send you the reply
in the shortest time possible.
 
We apologize for any inconvenience this additional delay cay cause.
 
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
Email: [1][SJ request email]
P Before printing, think about the environment
 
 
 
 

References

Visible links
1. mailto:[SJ request email]

Dear Legal Service,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Contacts with Michel Petite and other Clifford Chance Staff'.

I am grateful for your hard work and dedication to transparency, and to your previous responses to this request. However, your most recent communication leaves me unsure when to expect a response from you. By law, that response should have come 13 days ago. Please clarify when you will give me an answer.

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

Yours faithfully,

Aisha Down

ve_sj.acces docs (SJ), Legal Service

[1]Ares(2019)7468352 - RE: Internal review of access to documents request
- Contacts with Michel Petite and other Clifford Chance Staff

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Ms Down,

The Legal Service acknowledges receipt of your email below.

We regret the delay in responding to your request which is due to
additional internal researches we had to conduct.
Please be informed that the response to your request has been submitted to
the competent persons and will be sent to you in the course of this week.

Yours faithfully,

Access to Documents team

European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[email address]

show quoted sections

ve_sj.acces docs (SJ), Legal Service

4 Attachments

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2019)7518689 - Your request for Access to Documents - Reference:
GestDem 2019/5641

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mrs Down,

 

Please find attached the Legal Service’s reply to your above-referenced
request for access to documents.

 

The original of our reply-letter will also be sent to you via Registered
Mail with Acknowledgment of Receipt.

 

Kind regards,

 

Access to Documents team

[6]cid:image001.gif@01D407C0.3E8CFF10

European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[7][email address]

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D5AC29.096B20F0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
7. mailto:[email address]

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