correspondence and meetings with Exxon(Mobil) and DG ENV

Frida Kieninger made this access to documents request to Environment

The request was successful.

From: Frida Kieninger

Delivered

Dear DG ENV,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents containing the following information:

- a list of meetings between representatives and/or officials of DG ENV and the company ExxonMobil as well as consultancies acting on their behalf – between September 1st 2015 and August 25th 2016
- Minutes or other forms of reporting of those meetings
- All correspondence, also emails, between representatives and/or officials of DG ENV and the company ExxonMobil as well as consultancies acting on their behalf – between September 1st 2015 and August 25th 2016

Please make sure that all documents are sent as soon as they are found in batches rather than waiting for the entirety of the request to be met.

Do not hesitate to get back to me should you need any further information.

Thank you for your assistance.
Yours sincerely,

Frida Kieninger

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Environment

Dear Madam,

Thank you for your e-mail dated 25/08/2016.
We hereby acknowledge receipt of your application for access to documents, which was registered on 15/09/2016 under reference number GestDem 2016/4714.

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 01/09/2016. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

DG ENVIRONMENT ACCESS TO DOCUMENTS TEAM
European Commission
Directorate-General for Environmen
Unit D.4 – Governance, Information & Reporting
BU-9 02/009
B-1160 Brussels/Belgium

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Environment

Dear Mrs Kieninger,

 

Further to your initial application for access to documents introduced on
25 August 2016 (see below), we regret to inform you that your application
cannot be handled pending the submission of a valid, real and personal
postal address.

 

Indeed, on 1 April 2014, the submission of a postal address became a
mandatory feature for the purpose of introducing a request for access to
documents.

 

The decision to ask for a postal address from applicants for access to
documents was triggered by the following considerations:

 

•             The need to obtain legal certainty as regards the date of
receipt of the reply by the applicant under Regulation 1049/2001. Indeed,
as foreseen by Article 297 of the Treaty on the Functioning of the
European Union (TFEU), […] decisions which specify to whom they are
addressed, shall be notified to those to whom they are addressed and shall
take effect upon such notification. Replies triggering the possibility for
administrative or judicial redress are therefore transmitted via
registered mail with acknowledgement of receipt. This requires an
indication of a valid postal address by the applicant;

 

•             The need to direct the Commission's scarce resources first
of all to those requests which have been filed by "real" applicants. With
only a compulsory indication of an e-mail address, applicants can easily
introduce requests under an invented identity or under the identity of a
third person. Asking for a postal address helps the Commission to protect
the administration, as well as other citizens and legal persons, from
abuse;

 

•             For similar reasons, asking for a compulsory indication of a
postal address enables the Commission services to verify whether Article
6(3) of the Regulation, on voluminous requests, is being evaded by
introducing several requests under different identities. Indeed, in its
Ryanair judgment, the General Court confirmed that Article 6(3) cannot be
evaded by splitting the application into a number of applications. The
Commission would like to point out that, in 2012/2013, it received some 57
confirmatory requests from what it suspects to be one single applicant
operating under 13 different identities;

 

•             Knowing whether the applicant is an EU resident in the sense
of Article 2(1) of Regulation 1049/2001 is a precondition for the purpose
of correctly applying the exception in Article 4(1)(b) of Regulation
1049/2001 (protection of the privacy and integrity of the individual),
which has to be interpreted in accordance with Data Protection Regulation
45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the
level of protection afforded by the third country or international
organisation when transmitting personal data to third-country residents or
legal persons. It follows that, in case of requests for documents which
include personal data, the correct application of the data protection
rules cannot be ensured in the absence of a postal address enabling the
Commission to ascertain that the minimum data protection standards will be
respected.

 

All of these considerations show that the request for and the consequent
processing of a real and personal postal address is not only appropriate
but also strictly necessary for the performance of a task carried out in
the public interest within the meaning of Article 5 (a) of Data Protection
Regulation 45/2001, namely providing a smooth and effective access to
documents.

 

By mistake, you received an acknowledgment receipt on 29 August 2016 with
a Gestdem number (see below). This number will remain valid provided that
we receive your postal address. Supposing that you provide us your postal
address, you will take note of the fact that the deadline for our reply is
suspended until the reception of your answer.

 

We therefore kindly urge you to please provide a real and valid postal
address, so as to enable us to duly register and deal with your initial
application for access to documents in the meaning of Article 6(1) of
Regulation 1049/2001. The deadline for handling your initial request shall
run as from the moment of the registration of your request following the
submission of a real, personal and valid postal address.

 

 

Thank you in advance.

 

Kind regards,

 

ENV ACCESS DOCUMENTS Team

 

 

 

 

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From: Frida Kieninger

Delivered

Dear DG Environment,

My address is 26, rue d Edimbourg, 1050 Bruxelles, Belgium

Best,

Frida Kieninger

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Environment


Attachment GestDem 2016 4714 Kieninger.pdf
25K Download View as HTML


Dear Madame,

Please find attached a letter concerning your request GestDem 2016/4714.
Best regards,

ELC
DG ENVIRONMENT
ACCESS TO DOCUMENTS TEAM

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Environment


Attachment Picture Device Independent Bitmap 1.jpg
1K Download


Dear Ms Kieninger,
 
With regard to your above-mentioned access to documents request, we've
requested permission from ExxonMobil to disclose some correspondence from
them to the Commission. While they are willing to agree to the disclosure
of the emails in question, they would appreciate if we could provide the
following information, "to ensure full transparency":
 
"The organisation(s) requesting the information"
 
Would you agree that we disclose your organisation?
 
Thank you,
 
Nevyana Petrova
 
Nevyana Petrova
European Commission
DG Environment
Unit B.2 – Sustainable Chemicals
Tel: +32 2 29 80096
E-mail: [email address]
 
 
 

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From: Frida Kieninger

Delivered

Dear DG ENV,

I agree with the disclosure of the organisation requesting the information:

Food & Water Europe
Rue d'Edimbourg 26
Brussels 1050, Belgium.

www.foodandwatereurope.org

Yours faithfully,

Frida Kieninger

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Environment


Attachment Picture Device Independent Bitmap 1.jpg
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Attachment ENV reply 4714.pdf
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Attachment Documents 4714 redacted.pdf
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Dear Ms Kieninger,
 
On behalf of Mr Hansen please find attached an advance copy of the reply
to your above-mentioned request for access to documents.
 
 
Kind regards,
 
Nevyana Petrova
 
Nevyana Petrova
European Commission
DG Environment
Unit B.2 – Sustainable Chemicals
Tel: +32 2 29 80096
E-mail: [1][email address]
 
 
 
 
 
 
 
 

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