Contacts with the tobacco industry during 2018
Mr Jean-Claude Juncker
President, European Commission
Dear Mr President,
On behalf of Corporate Europe Observatory (CEO), I would like to - under the right of access to documents in the EU treaties as developed in Regulation 1049/2001 - request access to the following documents:
- all reports (and other notes) from meetings between the European Commission and representatives of the tobacco industry (producers, distributors, importers etc, as well as organisations and individuals that are funded by and/or work to further the interests of the tobacco industry), during 2018.
- all correspondence (including emails) between the European Commission and representatives of the tobacco industry (producers, distributors, importers etc. as well as organisations and individuals that are funded by and/or work to further the interests of the tobacco industry), during 2018.
- a list of all the above-mentioned documents (including dates, names of participants/senders/recipients and their affiliation, subject of meeting/correspondence)
Please exclude all documents we have already received as a result of our access-to-document request tabled on February 05 2018, which was later split up into:
GESTDEM 2018/1199 => DG SANTE (lead)
GESTDEM 2018/1203 => DG GROW
GESTDEM 2018/1204 => DG AGRI
GESTDEM 2018/1205 => SG
GESTDEM 2018/1654 => DG TAXUD
GESTDEM 2018/2850 => DG TRADE
GESTDEM 2018/2851 => DG COMP
GESTDEM 2018/2852 => DG ECFIN
Yours faithfully,
Olivier Hoedeman
on behalf of Corporate Europe Observatory (CEO)
Rue d'Edimbourg 26
1050 Brussels
Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
Dear Olivier Hoedeman,
Thank you for your e-mail dated 11/12/2018. We hereby acknowledge receipt
of your request for access to documents, which was registered on
11/12/2018 under reference numbers listed below.
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
11/01/2019. In case this time limit needs to be extended, you will be
informed in due course.
Further to your request with the references mentioned below, we hereby
inform you that your request initially submitted to the
Secretariat-General has been re-attributed to the Directorates-Generals as
follows:
GESTDEM 2018/6660: Directorate-General for Health and Food Safety (DG
SANTE) (lead)
GESTDEM 2018/6662: Directorate-General for Internal Market, Industry,
Entrepreneurship and SMEs (DG GROW)
GESTDEM 2018/6663: Directorate-General for Agriculture and Rural
Development (DG AGRI)
GESTDEM 2018/6664: Secretariat-General (SG)
GESTDEM 2018/6665: Directorate-General for Taxation and Customs Union
(DG TAXUD)
GESTDEM 2018/6666: Directorate-General for Trade (DG TRADE)
GESTDEM 2018/6667: Directorate-General for Competition (DG COMP)
GESTDEM 2018/6668: Directorate-General for Economic and Financial
Affairs (DG ECFIN)
Best regards,
Gitte Louise Olsen
Access to documents team
European Commission
Secretariat-General
Unit C1 – Transparency, Document Management &
Access to Document
Office address BERL 05/315
+32 2 995 63 26
[1][email address]
Dear sir,
We refer to your e-mail dated 11/12/2018 in which you make a request for
access to documents, registered under the above-mentioned reference
number.
We regret to inform you that Directorate General Economic and Financial
Affairs (DG ECFIN) does not hold any documents that would correspond to
the description given in your application.
As specified in Article 2(3) of Regulation 1049/2001, the right of access
as defined in that regulation applies only to existing documents in the
possession of the institution.
Given that no such documents, corresponding to the description given in
your application, are held by DG ECFIN, we are not in a position to handle
your request.
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled
to make a confirmatory application requesting the Commission to review
this position.
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: [1][SG request email]
Yours faithfully,
ECFIN ACCESS TO DOCUMENTS TEAM
European Commission
Directorate-General for Economic and Financial Affairs
Unit R.1 – HR, business correspondent, business continuity and control
Dear Sir,
We refer to your e-mail dated 11/12/2018 in which you make a request for
access to documents, under the above mentioned reference number.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 11/01/2019.
An extended time limit is needed as part of the documents requested
originate from third parties who are being consulted.
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 01/02/2019.
We apologize for this delay and for any inconvenience this may cause.
Yours faithfully,
On behalf of DG COMP
Food Task Force
[1]cid:image001.png@01D2DB8F.91F42AB0
European Commission
DG COMPETITION
Food Task Force
Competition website: [2]http://ec.europa.eu/competition
DISCLAIMER"The views expressed are purely those of the writer and may not
in any circumstances be regarded as stating an official position of the
European Commission."
References
Visible links
2. http://ec.europa.eu/competition
http://ec.europa.eu/competition
Dear Mr Hoedeman,
We refer to your e-mail dated 11/12/2018 in which you make a request for
access to documents, registered on 11/12/2018 under the above mentioned
reference number.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 11/01/2019.
An extended time limit is needed as the documents requested originate from
third parties which have been consulted.
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 01/02/2019.
We apologize for this delay and for any inconvenience this may cause.
Yours sincerely,
DG GROW – Access to documents team
European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG GROW/03 – Strategic Planning and Delivery Unit
Dear Sir,
We refer to your request dated 11 December 2018 in which you make a
request for access to documents, registered on 11 December 2018 under the
above mentioned reference number.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application which expires on 11
January 2019.
An extended time limit for more in-depth investigations is needed in order
to complete our assessment on the possibility for the public disclosure of
the documents requested.
Therefore, we have to extend the time limit in accordance with Article
7(3) of Regulation (EC) No 1049/2001 regarding public access to documents.
The new time limit expires on 1 February 2019.
We apologize for this delay and for any inconvenience this may cause.
Yours faithfully,
TAXUD ACCESS TO DOCUMENTS
Dear Mr Hoedeman,
We refer to your request for access to documents registered under
reference GestDem 2018/6666.
Your application is currently being handled and the file is at the final
stage of the procedure. However, due to a heavy workload, 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.
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 01/02/2019.
We apologise for the delay and for any inconvenience this may cause.
Yours sincerely,
Access to Documents Team
[1]http://ec.europa.eu/trade/images/ec-logo...
European Commission
Directorate-General for Trade
[2][email address]
References
Visible links
2. mailto:[email address]
Dear Sir,
We refer to your e-mail dated 11/12/2018 in which you make a request for
access to documents, registered on 11/12/2018 under the above mentioned
reference number.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expired on 11/01/2019.
An extended time limit of 15 working days, in accordance with Article 7(3)
of Regulation (EC) No 1049/2001 regarding public access to documents, is
needed in order to finalize the treatment of your request.
The new time limit expires on 01/02/2019. However, I would like to inform
you that our response letter is about to be signed and you will receive a
reply within the next days.
We apologise for this delay and for any inconvenience this may cause.
Please note that due to the wide scope of your request, covering also
areas falling under the responsibility of other Directorates-General,
parts of your request have been attributed to other Directorates-General.
This message relates only to the request which is treated by DG AGRI.
Yours faithfully,
Access to documents team
European Commission
DG Agriculture and Rural Development
Unit I.3
L130 7/96
B-1049 Brussels/Belgium
Dear Mr Hoedeman,
Subject: Your application for access to documents – Ref GestDem No
2018/6660
We refer to your e-mail dated 11/12/2018 in which you make a request for
access to documents, registered on 11/12/2018 under the above mentioned
reference number.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expired on 11/01/2019.
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 01/02/2019.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
SANTE ACCESS TO DOCUMENTS
Please find attached document Ares(2019)238301 regarding "Access to documents request - Positive reply to Mr. Hoedeman - No Gestdem 2018/6663" sent by Mr VON KEMPIS Karl on 16/01/2019.
-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender VON KEMPIS Karl (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir VON KEMPIS Karl (mailto:[email address]).
Dear Mr Hoedeman,
We refer to your e-mail dated 11/12/2018 in which you make a request for
access to documents, registered on 12/12/2018 under the above mentioned
reference number.
Please find attached a scan of the reply to your request for access to
documents.
The paper version of the reply signed by the Director General will be sent
to you shortly by registered mail.
Please note that the documents for which access has been granted are
transmitted by e-mail only (see attachments).
Yours sincerely,
Food Task Force
[1]cid:image001.png@01D2DB8F.91F42AB0
European Commission
DG COMPETITION
Food Task Force
Competition website: [2]http://ec.europa.eu/competition
DISCLAIMER"The views expressed are purely those of the writer and may not
in any circumstances be regarded as stating an official position of the
European Commission."
References
Visible links
2. http://ec.europa.eu/competition
http://ec.europa.eu/competition
Dear Mr Hoedeman,
On 11 December 2018 you submitted, on behalf of the Corporate Europe
Observatory, a request for access to documents relating to tobacco. In
particular, you requested:
- all reports (and other notes) from meetings between the
European Commission and representatives of the tobacco industry
(producers, distributors, importers etc, as well as organisations and
individuals that are funded by and/or work to further the interests of the
tobacco industry), during 2018
- all correspondence (including emails) between the European
Commission and representatives of the tobacco industry (producers,
distributors, importers etc. as well as organisations and individuals
that are funded by and/or work to further the interests of the tobacco
industry), during 2018
- a list of all the above-mentioned documents (including dates,
names of participants/senders/recipients and their affiliation, subject of
meeting/correspondence).
When processing your request, we took into account that under request
Gestdem 2018/1654 (and the confirmatory reply of 08/08/2018) you received
already documents covering some topics mentioned above for the first half
of 2018.
In addition we have identified the following 17 documents and their 12
annexes that answer to your current request:
Document Name in Ares ARES Number
1) MEETING REPORT - Raw tobacco – Dir 2011/64/EU. 17
April 2018 Ares(2018)2350448
2) mail 4 July 2018-Sacchetto - Fiscal threats + 4
annexes Ares(2018)6496911
3) mail 23 May 2018 - Sacchetto-Fiscal threats to EU
tobacco processing & tobacco growing industry + 2
annexes Ares(2018)6500060
4) mail 16 April 2018 - Raw tobacco + 3 annexes Ares(2018)6499557
5) MEETING REPORT Dir 2011/64/EU - e-cigarettes-Heated
Tobacco Prodcuts-25 June 2018 Ares(2018)3496998
6) Report meeting 17.7.2018 with Imperial Brands and
Altadis on Dir 2011/64/EU Ares(2018)3826051
7) mail 14 July 2018 - Al Fakher Meeting on The 18th of
July 2018 + 2 annexes Ares(2018)3848596
8) Report meeting held 18.7.2018 with Al Fakher Tobacco
Factory on Dir 2011/64/EU Ares(2018)3862993
9) Meeting report Dir 2011/64/EU, e-cigarettes. 24 July
2018, Brussels Ares(2018)3952044
10) Meeting report CECCM December 4 2018 Ares(2018)6368396
11) Meeting Report ECMA December 14 2018 Ares(2018)6515374
12) Minutes Excise Contact Group meeting 31.5.2018 Ares(2018)3766242
13) mail CECCM 29/05/2018 briefing note on the Eko-Tabak
judgment and the smoking test provided by CN Expl notes
+ Annex Ares(2018)6493427
14) Minutes Excise Contact Group meeting 26 11 2018 Ares(2018)6493907
15) Letter to EP-Received feedback on legislative
proposal for general arrangements excise duty –
harmonisation & simplification Ares(2018)4695310
16) Reply Unitab - 26 May 2018 Ares(2018)2873113
17) Letter to PMI - 2-2-2018 Ares(2018)636199
In accordance with the case law of the Court of Justice of the European
Union ^ [1][1], we are obliged to balance possible interest in access to
documents against the workload resulting from the processing of the
application. In particular, if the handling of an application would
involve a disproportionate administrative burden, the Access to Documents
Regulation provides for the possibility to confer with the applicant to
find a fair solution in accordance with Article 6(3) of Regulation
1049/2001.
In this respect, please bear in mind that, based on our experience, the
processing of 10 documents takes approximately 30 working days[2]^[3]
given that the following steps must be followed:
· preliminary assessment and interpretation of your request,
· contacts and exchanges within the Directorate General,
· identification, gathering and quick screening of the documents
falling under your request,
· assessment of the content of the documents,
· conducting consultations under Article 4(4) and/or 4(5) of
Regulation 1049/2001, if necessary,
· performing possible redactions of the relevant parts that fall
under exceptions of Regulation 1049/2001,
· preparation of the draft reply, and formal approval of the
decision by the Director General.
In addition, as your initial request was split over 8 DG’s and contacts
with other DG’s were necessary to avoid duplication of work.
Bearing this in mind the fair solution proposal is limited to 10
documents.
In view of the above, we propose a fair solution for the current request
and kindly ask you to specify 10 documents from this list you would like
to receive, Please note that documents originating from third party’s
include annexes and are subject to a consultation of the owner before they
can be released. This fair solution will reduce the workload to a
manageable amount of documents enabling its treatment within the extended
deadline of 22 February 2019.
For future access to documents requests, we would kindly ask you to
specify the objective of your request and your specific interest in the
documents requested, and whether you could significantly narrow down the
scope of your request (i.e. the subject matter(s)/or timeframe covered),
so as to reduce it to a more manageable amount of documents and to allow
us to better focus our replies on those documents that address your
objective.
In order to enable us to provide you with access to the documents as soon
as possible, we would ask you for a swift response to this proposal for a
fair solution, within five working days at the latest, by emailing
[3][email address]. In the absence of a reply
within five working days, we will unilaterally restrict the scope of your
application taking into account your legitimate interests, the deadlines
of Regulation 1049/2001 and the interests of safeguarding good
administration.
TAXUD ACCESS TO DOCUMENTS
------------------------
[4][1] Judgment of 2 October 2014, Strack v Commission, C-127/13 P,
EU:C:2014:2250, paragraphs 27-28
[5][3] Taking into account also other applications for access to documents
and other tasks that the staff concerned are likely to have to deal with
during the same period.
References
Visible links
1. file:///tmp/foiextract20211201-31628-b6s903#_ftn1
2. file:///tmp/foiextract20211201-31628-b6s903#_ftn2
3. mailto:[email address]
4. file:///tmp/foiextract20211201-31628-b6s903#_ftnref1
5. file:///tmp/foiextract20211201-31628-b6s903#_ftnref2
Dear Mr Hoedeman,
Can we please receive from you asap a reply to our question below dated 22
January ?
Many thanks,
TAXUD ACCESS TO DOCUMENTS
From: TAXUD ACCESS TO DOCUMENTS
Sent: Tuesday, January 22, 2019 1:35 PM
To: '[FOI #6176 email]'
<[FOI #6176 email]>
Subject: Fair solution proposal - access to documents request - Gestdem
2018/6665
Dear Mr Hoedeman,
On 11 December 2018 you submitted, on behalf of the Corporate Europe
Observatory, a request for access to documents relating to tobacco. In
particular, you requested:
- all reports (and other notes) from meetings between the
European Commission and representatives of the tobacco industry
(producers, distributors, importers etc, as well as organisations and
individuals that are funded by and/or work to further the interests of the
tobacco industry), during 2018
- all correspondence (including emails) between the European
Commission and representatives of the tobacco industry (producers,
distributors, importers etc. as well as organisations and individuals
that are funded by and/or work to further the interests of the tobacco
industry), during 2018
- a list of all the above-mentioned documents (including dates,
names of participants/senders/recipients and their affiliation, subject of
meeting/correspondence).
When processing your request, we took into account that under request
Gestdem 2018/1654 (and the confirmatory reply of 08/08/2018) you received
already documents covering some topics mentioned above for the first half
of 2018.
In addition we have identified the following 17 documents and their 12
annexes that answer to your current request:
Document Name in ARES Number
Ares
1) MEETING REPORT -
Raw tobacco – Dir
2011/64/EU. 17
April 2018 Ares(2018)2350448
2) mail 4 July
2018-Sacchetto -
Fiscal threats + 4
annexes Ares(2018)6496911
3) mail 23 May 2018
- Sacchetto-Fiscal
threats to EU
tobacco processing
& tobacco growing
industry + 2
annexes Ares(2018)6500060
4) mail 16 April
2018 - Raw tobacco
+ 3 annexes Ares(2018)6499557
5) MEETING REPORT
Dir 2011/64/EU -
e-cigarettes-Heated
Tobacco Prodcuts-25
June 2018 Ares(2018)3496998
6) Report meeting
17.7.2018 with
Imperial Brands and
Altadis on Dir
2011/64/EU Ares(2018)3826051
7) mail 14 July
2018 - Al Fakher
Meeting on The 18th
of July 2018 + 2
annexes Ares(2018)3848596
8) Report meeting
held 18.7.2018 with
Al Fakher Tobacco
Factory on Dir
2011/64/EU Ares(2018)3862993
9) Meeting report
Dir 2011/64/EU,
e-cigarettes. 24
July 2018, Brussels Ares(2018)3952044
10) Meeting report
CECCM December 4
2018 Ares(2018)6368396
11) Meeting Report
ECMA December 14 Ares(2018)6515374
2018
12) Minutes Excise
Contact Group
meeting 31.5.2018 Ares(2018)3766242
13) mail CECCM
29/05/2018 briefing
note on the
Eko-Tabak judgment
and the smoking
test provided by CN
Expl notes + Annex Ares(2018)6493427
14) Minutes Excise
Contact Group Ares(2018)6493907
meeting 26 11 2018
15) Letter to
EP-Received
feedback on
legislative
proposal for
general
arrangements
excise duty –
harmonisation &
simplification Ares(2018)4695310
16) Reply Unitab -
26 May 2018 Ares(2018)2873113
17) Letter to PMI -
2-2-2018 Ares(2018)636199
In accordance with the case law of the Court of Justice of the European
Union ^ [1][1], we are obliged to balance possible interest in access to
documents against the workload resulting from the processing of the
application. In particular, if the handling of an application would
involve a disproportionate administrative burden, the Access to Documents
Regulation provides for the possibility to confer with the applicant to
find a fair solution in accordance with Article 6(3) of Regulation
1049/2001.
In this respect, please bear in mind that, based on our experience, the
processing of 10 documents takes approximately 30 working days[2]^[3]
given that the following steps must be followed:
· preliminary assessment and interpretation of your request,
· contacts and exchanges within the Directorate General,
· identification, gathering and quick screening of the documents
falling under your request,
· assessment of the content of the documents,
· conducting consultations under Article 4(4) and/or 4(5) of
Regulation 1049/2001, if necessary,
· performing possible redactions of the relevant parts that fall
under exceptions of Regulation 1049/2001,
· preparation of the draft reply, and formal approval of the
decision by the Director General.
In addition, as your initial request was split over 8 DG’s and contacts
with other DG’s were necessary to avoid duplication of work.
Bearing this in mind the fair solution proposal is limited to 10
documents.
In view of the above, we propose a fair solution for the current request
and kindly ask you to specify 10 documents from this list you would like
to receive, Please note that documents originating from third party’s
include annexes and are subject to a consultation of the owner before they
can be released. This fair solution will reduce the workload to a
manageable amount of documents enabling its treatment within the extended
deadline of 22 February 2019.
For future access to documents requests, we would kindly ask you to
specify the objective of your request and your specific interest in the
documents requested, and whether you could significantly narrow down the
scope of your request (i.e. the subject matter(s)/or timeframe covered),
so as to reduce it to a more manageable amount of documents and to allow
us to better focus our replies on those documents that address your
objective.
In order to enable us to provide you with access to the documents as soon
as possible, we would ask you for a swift response to this proposal for a
fair solution, within five working days at the latest, by emailing
[3][email address]. In the absence of a reply
within five working days, we will unilaterally restrict the scope of your
application taking into account your legitimate interests, the deadlines
of Regulation 1049/2001 and the interests of safeguarding good
administration.
TAXUD ACCESS TO DOCUMENTS
------------------------
------------------------
[4][1] Judgment of 2 October 2014, Strack v Commission, C-127/13 P,
EU:C:2014:2250, paragraphs 27-28
[5][3] Taking into account also other applications for access to documents
and other tasks that the staff concerned are likely to have to deal with
during the same period.
References
Visible links
1. file:///tmp/foiextract20211201-31628-169an7l#_ftn1
2. file:///tmp/foiextract20211201-31628-169an7l#_ftn2
3. mailto:[email address]
4. file:///tmp/foiextract20211201-31628-169an7l#_ftnref1
5. file:///tmp/foiextract20211201-31628-169an7l#_ftnref2
Veuillez trouver ci-joint le document Ares(2019)555617 concernant "Application for access to documents - Ref GestDem 2018/6664" envoyé par M/Mme HAAG Marcel le 31/01/2019.
Please find attached document Ares(2019)555617 regarding "Application for access to documents - Ref GestDem 2018/6664" sent by Mr/Ms HAAG Marcel on 31/01/2019.
-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender HAAG Marcel (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir HAAG Marcel (mailto:[email address]).
Dear Mr Hoedeman,
Referring to our fair solution e-mail of 22 January 2019 and in the
absence of a response from you side, DG TAXUD will process and provide (as
explained in the steps) 10 documents that originate from the Commission,
allowing us to deliver a reply within the extended deadline of 22 February
2019.
The documents the will be processed and provided:
Document Name in ARES Number
Ares
1) MEETING REPORT -
Raw tobacco – Dir
2011/64/EU. 17
April 2018 Ares(2018)2350448
5) MEETING REPORT
Dir 2011/64/EU -
e-cigarettes-Heated
Tobacco Prodcuts-25
June 2018 Ares(2018)3496998
6) Report meeting
17.7.2018 with
Imperial Brands and
Altadis on Dir
2011/64/EU Ares(2018)3826051
8) Report meeting
held 18.7.2018 with
Al Fakher Tobacco
Factory on Dir
2011/64/EU Ares(2018)3862993
9) Meeting report
Dir 2011/64/EU,
e-cigarettes. 24
July 2018, Brussels Ares(2018)3952044
10) Meeting report
CECCM December 4
2018 Ares(2018)6368396
11) Meeting Report
ECMA December 14 Ares(2018)6515374
2018
12) Minutes Excise
Contact Group
meeting 31.5.2018 Ares(2018)3766242
14) Minutes Excise
Contact Group Ares(2018)6493907
meeting 26 11 2018
15) Letter to
EP-Received
feedback on
legislative
proposal for
general
arrangements
excise duty –
harmonisation &
simplification Ares(2018)4695310
Kind regards,
TAXUD ACCESS TO DOCUMENTS
From: TAXUD ACCESS TO DOCUMENTS <[email address]>
Sent: Tuesday, January 22, 2019 1:35 PM
To: '[FOI #6176 email]'
<[FOI #6176 email]>
Subject: Fair solution proposal - access to documents request - Gestdem
2018/6665
Dear Mr Hoedeman,
On 11 December 2018 you submitted, on behalf of the Corporate Europe
Observatory, a request for access to documents relating to tobacco. In
particular, you requested:
- all reports (and other notes) from meetings between the
European Commission and representatives of the tobacco industry
(producers, distributors, importers etc, as well as organisations and
individuals that are funded by and/or work to further the interests of the
tobacco industry), during 2018
- all correspondence (including emails) between the European
Commission and representatives of the tobacco industry (producers,
distributors, importers etc. as well as organisations and individuals
that are funded by and/or work to further the interests of the tobacco
industry), during 2018
- a list of all the above-mentioned documents (including dates,
names of participants/senders/recipients and their affiliation, subject of
meeting/correspondence).
When processing your request, we took into account that under request
Gestdem 2018/1654 (and the confirmatory reply of 08/08/2018) you received
already documents covering some topics mentioned above for the first half
of 2018.
In addition we have identified the following 17 documents and their 12
annexes that answer to your current request:
Document Name in ARES Number
Ares
1) MEETING REPORT -
Raw tobacco – Dir
2011/64/EU. 17
April 2018 Ares(2018)2350448
2) mail 4 July
2018-Sacchetto -
Fiscal threats + 4
annexes Ares(2018)6496911
3) mail 23 May 2018
- Sacchetto-Fiscal
threats to EU
tobacco processing
& tobacco growing
industry + 2
annexes Ares(2018)6500060
4) mail 16 April
2018 - Raw tobacco
+ 3 annexes Ares(2018)6499557
5) MEETING REPORT
Dir 2011/64/EU -
e-cigarettes-Heated
Tobacco Prodcuts-25
June 2018 Ares(2018)3496998
6) Report meeting
17.7.2018 with
Imperial Brands and
Altadis on Dir
2011/64/EU Ares(2018)3826051
7) mail 14 July
2018 - Al Fakher
Meeting on The 18th
of July 2018 + 2
annexes Ares(2018)3848596
8) Report meeting
held 18.7.2018 with
Al Fakher Tobacco
Factory on Dir
2011/64/EU Ares(2018)3862993
9) Meeting report
Dir 2011/64/EU,
e-cigarettes. 24
July 2018, Brussels Ares(2018)3952044
10) Meeting report
CECCM December 4
2018 Ares(2018)6368396
11) Meeting Report
ECMA December 14 Ares(2018)6515374
2018
12) Minutes Excise
Contact Group
meeting 31.5.2018 Ares(2018)3766242
13) mail CECCM
29/05/2018 briefing
note on the
Eko-Tabak judgment
and the smoking
test provided by CN
Expl notes + Annex Ares(2018)6493427
14) Minutes Excise
Contact Group Ares(2018)6493907
meeting 26 11 2018
15) Letter to
EP-Received
feedback on
legislative
proposal for
general
arrangements
excise duty –
harmonisation &
simplification Ares(2018)4695310
16) Reply Unitab -
26 May 2018 Ares(2018)2873113
17) Letter to PMI -
2-2-2018 Ares(2018)636199
In accordance with the case law of the Court of Justice of the European
Union ^ [1][1], we are obliged to balance possible interest in access to
documents against the workload resulting from the processing of the
application. In particular, if the handling of an application would
involve a disproportionate administrative burden, the Access to Documents
Regulation provides for the possibility to confer with the applicant to
find a fair solution in accordance with Article 6(3) of Regulation
1049/2001.
In this respect, please bear in mind that, based on our experience, the
processing of 10 documents takes approximately 30 working days[2]^[3]
given that the following steps must be followed:
· preliminary assessment and interpretation of your request,
· contacts and exchanges within the Directorate General,
· identification, gathering and quick screening of the documents
falling under your request,
· assessment of the content of the documents,
· conducting consultations under Article 4(4) and/or 4(5) of
Regulation 1049/2001, if necessary,
· performing possible redactions of the relevant parts that fall
under exceptions of Regulation 1049/2001,
· preparation of the draft reply, and formal approval of the
decision by the Director General.
In addition, as your initial request was split over 8 DG’s and contacts
with other DG’s were necessary to avoid duplication of work.
Bearing this in mind the fair solution proposal is limited to 10
documents.
In view of the above, we propose a fair solution for the current request
and kindly ask you to specify 10 documents from this list you would like
to receive, Please note that documents originating from third party’s
include annexes and are subject to a consultation of the owner before they
can be released. This fair solution will reduce the workload to a
manageable amount of documents enabling its treatment within the extended
deadline of 22 February 2019.
For future access to documents requests, we would kindly ask you to
specify the objective of your request and your specific interest in the
documents requested, and whether you could significantly narrow down the
scope of your request (i.e. the subject matter(s)/or timeframe covered),
so as to reduce it to a more manageable amount of documents and to allow
us to better focus our replies on those documents that address your
objective.
In order to enable us to provide you with access to the documents as soon
as possible, we would ask you for a swift response to this proposal for a
fair solution, within five working days at the latest, by emailing
[3][email address]. In the absence of a reply
within five working days, we will unilaterally restrict the scope of your
application taking into account your legitimate interests, the deadlines
of Regulation 1049/2001 and the interests of safeguarding good
administration.
TAXUD ACCESS TO DOCUMENTS
------------------------
------------------------
[4][1] Judgment of 2 October 2014, Strack v Commission, C-127/13 P,
EU:C:2014:2250, paragraphs 27-28
[5][3] Taking into account also other applications for access to documents
and other tasks that the staff concerned are likely to have to deal with
during the same period.
References
Visible links
1. file:///tmp/foiextract20211201-31628-jbqi2d#_ftn1
2. file:///tmp/foiextract20211201-31628-jbqi2d#_ftn2
3. mailto:[email address]
4. file:///tmp/foiextract20211201-31628-jbqi2d#_ftnref1
5. file:///tmp/foiextract20211201-31628-jbqi2d#_ftnref2
Dear Mr Hoedeman,
We are very sorry but we will not able to provide you with the reply to
your request GESTDEM 2018/6666 by the deadline of 01/02/2019.
However, the file is currently at the last stage of the procedure so the
reply should reach you very soon.
We apologise for the delay and we thank you very much for your patience.
Yours faithfully,
Access to Documents Team
[1]http://ec.europa.eu/trade/images/ec-logo...
European Commission
DG TRADE
From: TRADE ACCES DOCUMENTS <[email address]>
Sent: Friday, January 11, 2019 4:04 PM
To: '[FOI #6176 email]'
<[FOI #6176 email]>
Cc: TRADE ACCES DOCUMENTS <[email address]>
Subject: Your access to documents request GESTDEM 2018/6666
Dear Mr Hoedeman,
We refer to your request for access to documents registered under
reference GestDem 2018/6666.
Your application is currently being handled and the file is at the final
stage of the procedure. However, due to a heavy workload, 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.
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 01/02/2019.
We apologise for the delay and for any inconvenience this may cause.
Yours sincerely,
Access to Documents Team
[2]http://ec.europa.eu/trade/images/ec-logo...
European Commission
Directorate-General for Trade
[3][email address]
References
Visible links
3. mailto:[email address]
Dear Mr. Hoedeman,
With reference to your letter of 11 December 2018, you may find attached
Commissions' reply to your access to Documents request – GESTDEM
2018/6660.
Best Regards,
European Commission
Directorate-General for Health and Food Safety
Unit B2 – Cross-border healthcare and tobacco control
B-1049 Brussels/Belgium
E-mail: [1][email address]
References
Visible links
1. mailto:[email address]
Veuillez trouver ci-joint le document Ares(2019)621986 concernant "[Re] GESTDEM 2018/6662 - Initial request- Tobacco" envoyé par M SORO Stefano le 04/02/2019.
Please find attached document Ares(2019)621986 regarding "[Re] GESTDEM 2018/6662 - Initial request- Tobacco" sent by Mr SORO Stefano on 04/02/2019.
-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender SORO Stefano (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir SORO Stefano (mailto:[email address]).
Veuillez trouver ci-joint le document Ares(2019)678338 concernant "[Re] GESTDEM 2018/6666 - Initial request" envoyé par M/Mme DEMARTY Jean-Luc le 06/02/2019.
Please find attached document Ares(2019)678338 regarding "[Re] GESTDEM 2018/6666 - Initial request" sent by Mr/Ms DEMARTY Jean-Luc on 06/02/2019.
-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender DEMARTY Jean-Luc (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir DEMARTY Jean-Luc (mailto:[email address]).
Veuillez trouver ci-joint le document Ares(2019)797238 concernant "GESTDEM 2018/6665 - Hoedeman - partial access "Contacts with the tobacco industry during 2018"" envoyé par M/Mme SABEV Momchil le 11/02/2019.
Please find attached document Ares(2019)797238 regarding "GESTDEM 2018/6665 - Hoedeman - partial access "Contacts with the tobacco industry during 2018"" sent by Mr/Ms SABEV Momchil on 11/02/2019.
-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender SABEV Momchil (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir SABEV Momchil (mailto:[email address]).
Dear Mr Hoedeman,
Please see enclosed the documents that you refer to on your letter from
11^th of December 2018.
With kind regards,
Unit B2 – Cross border healthcare and tobacco control
Health and Food Safety DG (SANTE) - European Commission
8 [1][email address]
References
Visible links
1. mailto:[email address]
Dear Mr Hoedeman,
Further to your request for access to documents in subject, please find
our reply attached.
The original letter along with the annexes will be sent by registered
email as indicated in the enclosed letter.
Yours sincerely,
[1]cid:image001.gif@01D0F165.EAE03EE0
European Commission
Directorate-General for Health and Food Safety
Unit B2 – Crossborder healthcare and tobacco control
B-1049 Brussels/Belgium
E-mail: [2][email address]
References
Visible links
2. mailto:[email address]
Dear Mr Hoedeman,
With reference to your request for access to documents (Gestdem
2018/6660), you may find attached European Commission’s reply.
Best Regards,
[1]cid:image001.gif@01D0F165.EAE03EE0
European Commission
Directorate-General for Health and Food Safety
Unit B2 – Cross-border healthcare and tobacco control
B-1049 Brussels/Belgium
E-mail: [2][email address]
References
Visible links
2. mailto:[email address]
Dear Mr Olivier Hoedeman,
We refer to your email dated 11/12/2018 in which you make a request for
access to documents. Please see attached the folder with a partial answer
and a final batch will follow.
Best Regards,
[1]cid:image001.gif@01D0F165.EAE03EE0
European Commission
Directorate-General for Health and Food Safety
Unit B2 – Cross-border healthcare and tobacco control
B-1049 Brussels/Belgium
E-mail: [2][email address]
References
Visible links
2. mailto:[email address]
Dear Mr Olivier Hoedeman,
We refer to your email dated 11/12/2018 in which you make a request for
access to documents. Please see attached our answer.
Best Regards,
[1]cid:image001.gif@01D0F165.EAE03EE0
European Commission
Directorate-General for Health and Food Safety
Unit B2 – Cross-border healthcare and tobacco control
B-1049 Brussels/Belgium
E-mail: [2][email address]
References
Visible links
2. mailto:[email address]