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

Correspondence with EEAS

Myriam Douo made this access to documents request to Trade

This request has an unknown status. We're waiting for Myriam Douo to read a recent response and update the status.

From: Myriam Douo

Delivered

Dear DG Trade,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting all correspondence, including emails, agendas, records of meetings, minutes of meetings, participants lists and any other reports of such meetings involving officials/representatives/Commissioner/cabinet member of DG TRADE and officials/representatives/Commissioner/cabinet member of the EEAS about the international legally binding instrument on transnational corporations and other business enterprises with respect to human rights being currently negotiated in the Human Rights council of the United Nations.

Yours faithfully,

Myriam Douo
Friends of the Earth Europe
Mundo B Building
Rue D'Edimbourg 26
1050 Brussels,
Belgium

Link to this

From: Myriam Douo

Delivered

Dear Trade,

This request was sent more than a month ago and I haven't received anything from you. Not even an acknowledgement.
Please respond to this request as soon as possible as your reply is long overdue.

Yours faithfully,
Myriam Douo

Link to this

Trade


Attachment ATT84061 1.jpg
1K Download


Dear Ms Douo,
 
Thank you for your email. We apologise for not having reacted to your
initial request, but somehow, your email was inadvertently deviated to the
wrong folder and we had therefore missed it. We realised only when you
sent the reminder below.
 
We hereby acknowledge receipt of your application for access to documents,
which was registered on 26/06/2018 under reference number GestDem
2018/3460.
 
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.
 
However, and in order to correctly identify the documents which would
correspond to your request, we invite you, pursuant to Article 6(2) of
Regulation 1049/2001, to provide us with more detailed information on the
documents which you seek to obtain, such as dates or periods during which
the documents would have been produced.
 
The 15 working days the time limit for handling your application will
start running when we receive the requested clarifications.
 
You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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 also that the European Commission is not responsible for any
possible processing of personal data by the private organisation running
the AsktheEU.org website, through which you have channelled your request.
Please refer to their privacy policy.
 
Yours sincerely,
 
Access to Documents Team
European Commission
Directorate-General for Trade
[1][DG TRADE request email] 
 
 

show quoted sections

Link to this

Trade


Attachment ATT09728 1.jpg
1K Download


Dear Ms Douo,
 
We refer to our email of 26 of June in which we acknowledged receipt of
your application GestDem 2018/3460 and in which we also asked you to
specify the time-period of the documents which you seek to obtain, in
order to enable us to identify the documents which would fall in the scope
your request.
 
As to date, we have not received the requested clarifications. We would be
grateful if you could provide us with the requested clarifications in five
working days, by Friday 3 August. In the absence of a reply within this
date, we will proceed to close your request. You may always introduce a
new request, providing more detailed information on the documents you seek
to obtain.
 
Thank you very much for your understanding.
 
Yours sincerely,
 
Access to Documents Team
European Commission
Directorate-General for Trade
[1][DG TRADE request email] 
 
_____________________________________________
From: TRADE ACCES DOCUMENTS
Sent: Tuesday, June 26, 2018 4:26 PM
To: 'Myriam Douo' <[FOI #5572 email]>
Cc: TRADE ACCES DOCUMENTS <[DG TRADE request email]>
Subject: Access to documents request - Correspondence with EEAS - GestDem
2018/3460
 
 
Dear Ms Douo,
 
Thank you for your email. We apologise for not having reacted to your
initial request, but somehow, your email was inadvertently deviated to the
wrong folder and we had therefore missed it. We realised only when you
sent the reminder below.
 
We hereby acknowledge receipt of your application for access to documents,
which was registered on 26/06/2018 under reference number GestDem
2018/3460.
 
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.
 
However, and in order to correctly identify the documents which would
correspond to your request, we invite you, pursuant to Article 6(2) of
Regulation 1049/2001, to provide us with more detailed information on the
documents which you seek to obtain, such as dates or periods during which
the documents would have been produced.
 
The 15 working days the time limit for handling your application will
start running when we receive the requested clarifications.
 
You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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 also that the European Commission is not responsible for any
possible processing of personal data by the private organisation running
the AsktheEU.org website, through which you have channelled your request.
Please refer to their privacy policy.
 
Yours sincerely,
 
Access to Documents Team
<< OLE Object: Picture (Device Independent Bitmap) >>
European Commission
Directorate-General for Trade
[2][DG TRADE request email] 
 
 

show quoted sections

Link to this

From: Myriam Douo

Delivered

Dear Trade,

I had written a reply but that is not appearing anymore.
Please send me all document starting in January 2016. As I am not aware of the type of document you have, I am not able to specify any further at this point.

Yours faithfully,

Myriam Douo

Link to this

Trade


Attachment ATT46900 1.jpg
1K Download


Dear Ms Douo,
 
Thank you very much for your email and for the clarifications. Your
application will be handled within 15 working days. The time limit will
expire on 20/08/2018. In case this time limit needs to be extended, you
will be informed in due course.
 
Yours sincerely,
 
Access to Documents Team
European Commission
Directorate-General for Trade
[1][DG TRADE request email] 
 
 

show quoted sections

Link to this

Trade


Attachment ATT45959 1.jpg
1K Download


Dear Ms Douo,
 
We refer to your request for access to documents, registered with
reference number 2018/3460.
 
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 today.
 
An extended time limit is needed as your application concerns a large
number of documents.
 
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 10/09/2018.
 
We apologise for this delay and for any inconvenience this may cause.
 
Yours faithfully,
 
 
Access to Documents Team
European Commission
Directorate-General for Trade
[1][DG TRADE request email] 
 
 
_____________________________________________
From: TRADE ACCES DOCUMENTS
Sent: Monday, July 30, 2018 9:19 AM
To: 'Myriam Douo' <[FOI #5572 email]>
Cc: TRADE ACCES DOCUMENTS <[DG TRADE request email]>
Subject: RE: Access to documents request - Correspondence with EEAS -
GestDem 2018/3460
 
 
Dear Ms Douo,
 
Thank you very much for your email and for the clarifications. Your
application will be handled within 15 working days. The time limit will
expire on 20/08/2018. In case this time limit needs to be extended, you
will be informed in due course.
 
Yours sincerely,
 
Access to Documents Team
European Commission
Directorate-General for Trade
[2][DG TRADE request email] 
 
 

show quoted sections

Link to this

Trade

Dear Ms Douo,
 
Please note that your request GestDem 2018/3460 is being dealt with by the
Directorate-General for Trade (DG TRADE) of the European Commission.
 
We would like to keep you informed that we are working on the preparation
of the reply to your request. We are intensifying our efforts to complete
the reply as soon as possible.
 
We sincerely apologise for the delay and we thank you very much for your
patience.
 
Yours sincerely,
 
 
Access to Documents Team
 
European Commission
Directorate-General for Trade
[1][DG TRADE request email] 
 
 
 
 
 

References

Visible links
1. mailto:[DG TRADE request email]

Link to this

From: EC ARES NOREPLY


Attachment 09 Draft Programme Expert meeting June F.pdf
210K Download View as HTML

Attachment 08 Concept note agenda 11 June multistakeholder consultation event BHR F.pdf
234K Download View as HTML

Attachment 7 20171017 Opening remarks draft OEGWG TNCs and other BEs 3d session docx.pdf
456K Download View as HTML

Attachment 6 171027 IGWG TNCsBEs Final EU interventions Day 5 docx docx.pdf
298K Download View as HTML

Attachment 11 Summary report Multistakeholders consultations on BHR 11 June 2018 0 Redacted.pdf
45K Download View as HTML

Attachment 5 Oct session programmefinal POW doc.pdf
158K Download View as HTML

Attachment 4 20161102IGWG TNCs and other BEs Second session EU Interventions Panel V docx.pdf
379K Download View as HTML

Attachment Note TRADE reply to Ms Douo final f.pdf
467K Download View as HTML

Attachment 10 Summary report expert meeting on BHR 7 8 06 18 F.pdf
96K Download View as HTML

Attachment List of documents 2018 3460.pdf
179K Download View as HTML

Attachment 1 171109 DraftReportThirdSession docx.pdf
505K Download View as HTML

Attachment 3 20161102 draft FINAL REPORT AS DISTRIBUTED 17h docx docx.pdf
550K Download View as HTML

Attachment 12 171020 Final EU lines for OEIWG docx.pdf
409K Download View as HTML

Attachment 2 20161024 IGWG TNCs statement Palestine docx.pdf
192K Download View as HTML


Veuillez trouver ci-joint le document Ares(2018)5987512 concernant "[Re] GESTDEM 2018/3460 - Initial request" envoyé par M/Mme DEMARTY Jean-Luc le 22/11/2018.

Please find attached document Ares(2018)5987512 regarding "[Re] GESTDEM 2018/3460 - Initial request" sent by Mr/Ms DEMARTY Jean-Luc on 22/11/2018.

-------------------------------------------------------------------------------------------------------------
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]).

Link to this

From: Myriam Douo

Delivered

Dear DG Trade,

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 'Correspondence with EEAS'.

I am writing to ask for a review of the way in which the above freedom of information request has been handled, with a view to obtaining the requested information.
On May 15, 2018, I asked for “all correspondence, including emails, agendas, records of meetings, minutes of meetings, participants lists and any other reports of such meetings involving officials/representatives/Commissioner/cabinet member of DG TRADE and officials/representatives/Commissioner/cabinet member of the EEAS about the international legally binding instrument on transnational corporations and other business enterprises with respect to human rights being currently negotiated in the Human Rights council of the United Nations”. After some mix-ups I finally got a response on November 22, 2018, but was disappointed to see that, most of the documents that were disclosed were public documents, public interventions, oral statements, and reports, to which I could have had access long ago. The only documents with added value, namely documents 13 to 29 as identified in the list you sent me, are being withheld and I am hereby challenging this decision.

- On point 2.1. Protection of the public interest as regards international relations:

You mention the exception of article 4(1)(a), third indent, of Regulation 1049/2001 as a reason not to disclose some of the documents requested. This exception is in place to protect the public interest as regards international relations. As you stated in your response, the disclosing of documents could “weaken the EU’s negotiating capacity and reduce […] its credibility in the further negotiations of this potential instrument’. However, anybody who has been following this process can attest that the EU is hardly negotiating. For the EU willingly negotiate on the content of the instrument is what civil society organizations have been asking for ever since the beginning of the process. However, the EU has been blocking the process, even attempting to stop it altogether. There are some serious blockages within the EU and part of the reason why I am requesting these documents is to understand the reasons why.

- On point 2.3. Protection of the institution’s decision-making process:

Another ground you refuse disclosure of the documents is Article 4(3) of Regulation 109/2001, that provides that “access to documents drawn up […] where the decision has not been taken by the institution, shall be refused is disclosure of the document would seriously undermine the institution’s decision-making process, unless there is an overriding public interest in disclosure”.
Here we would argue that the EU has avoided taking a decision on whether or not it was negotiating for 4 years now and has had a very negative, some would say counter-productive, position regarding this issue. The lack of decision-making from the Commission should not prevent citizens from obtaining these documents.
Moreover, we argue that there is indeed an overriding public interest justifying disclosure of these documents, since the international legally binding instrument on transnational corporations and other business enterprises with respect to human rights, aims to protect citizens worldwide against corporate human rights violations. In 2017, 207 activists around the world were killed opposing projects that would damage their communities, environment and land. More often than not, these projects are being developed by European transnational companies. Discussions at EU level about UN negotiations on a treaty that would hold these companies accountable has an overriding general interest, especially if some elements of these discussions are blocking the EU from coming to the negotiation table.

- Challenge of point 3. Overriding public interest

Your justification on this point is insufficient in our view. The Court Justice’s decision giving discretionary power to balance the particular interest to be protected by non-disclosure of the document against the public interest does not mean it can do so without any justification.
In essence, the possibility that disclosing the documents would “undermine the possibility of achieving the best possible outcome in the public interest” is not justification enough to refuse disclosure of the documents as there is no assessment of the harm v. benefits of disclosing the documents, or if there is, it is not sufficiently explained in your response.

Moreover, a future binding UN treaty will need to be implemented in the EU and Member States as legislation. We fall therefore under the scope of what the Court of Justice calls the EU "acting in its legislative capacity" and where citizens' right to scrutiny, transparency and openness if strengthened. We therefore believe that you have insufficiently demonstrated the lack of overriding general interest in this instance. Citizens have the right to know how the European Union, embodied by the European External Action Service and the EU delegation to the UN in Geneva, established its negotiating position before entering the negotiations at the Human Rights council of the United Nations.

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

I look forward to hearing from you.

Yours faithfully,
Myriam Douo

Link to this

From: EC ARES NOREPLY

[1]Ares(2018)6223128 - RE: Confirmatory application GESTDEM 2018/3460-
Internal review of access to documents request - Correspondence with EEAS

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 Sir,

Thank you for your email dated 04/12/2018 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
TRADE in reply to your initial application GESTDEM 2018/3460.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 04/12/2018 (Ares(2018)6223021).

Your application will be handled within 15 working days (04/01/2018).  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. Thank you for having provided your contact phone number, 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,

Carlos Remis
SG.C.1
Transparence
Berl. 05/315

show quoted sections

Link to this

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