ETS reform

The request was successful.

Brussels, 16 December 2015

RE: Access to Documents related to ETS review

Dear sirs,
Referring to Regulation (EC) No 1049/2001 on public access to EU documents and to the 'Aarhus Regulation' (see note) , I would herewith like to ask for access to the following:

- all correspondence (including email) since 9 July 2015 between the Commissioner for Climate Action and/or his cabinet and/or officials and representatives of DG CLIMA one one hand and representatives from BusinessEurope, CEFIC, Eurofer, the European Rountable for Industrialists (ERT), The Alliance of Energy Intensive Industries, Gas Naturally, Center for European Policy Studies (CEPS), Eurelectric, Cembureau, ZEP (Zero Emissions Platform), RWE, Repsol, Shell, ArcellorMital, BASF and/or Lafarge in the other, in which the issue of the review of the EU ETS Directive was addressed.

- list of meetings since 1st October 2014 between officials and representatives of DG CLIMA one one hand (excluding the Commissioner for Climate Action and/or his cabinet and the Director General) and representatives from BusinessEurope, CEFIC, Eurofer, the European Rountable for Industrialists (ERT), The Alliance of Energy Intensive Industries, Gas Naturally, Center for European Policy Studies (CEPS), Eurelectric, Cembureau, ZEP (Zero Emissions Platform), RWE, Repsol, Shell, ArcellorMital, BASF and/or Lafarge in the other, in which the issue of the review of the EU ETS Directive was addressed.

- minutes of the meetings mentioned above

I would like to make clear I prefer you produce the documents on a rolling basis.
At no point should the Commission’s search for—or deliberations concerning—certain documents delay the production of others that the Commission has already retrieved and elected to produce.

To the extent possible, we prefer the documents in electronic format. Documents that cannot be sent in electronic format should be sent to Corporate Europe Observatory, Rue d’Edimbourg 26, 1050 Brussels.

Should my request be denied wholly or partially, please explain the denial or all deletions referring to specific exemptions in the regulation. Also I expect the partial release of documents, in case of partial exemption according to article 4.6.

I reserve the right to appeal.

Please confirm having received this application. I look forward to your reply within 15 business days, according to the regulation.

Thank you for your assistance.

Belen Balanya
Corporate Europe Observatory

Note: See Regulation (EC) n. 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and bodies (hereinafter "Aarhus Regulation")

Climate Action

Dear Mrs Balanya,

Thank you for your e-mail dated 16th December 2015. We hereby acknowledge receipt of your application for access to documents, which was registered on 18th Dececmber 2015 under reference number GestDem 2015/6667.

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 19th January 2016. In case this time limit needs to be extended, you will be informed in due course.

Kind Regards,

Mathilde CREPY
Access to document team

European Commission
DG Climate Action
Unit 003 – Administrative and Legal Support, Liaison with SRD

-----Original Message-----
From: Belen Balanya [mailto:[FOI #2470 email]]
Sent: Wednesday, December 16, 2015 5:52 PM
To: CLIMA ACCESS DOCUMENTS
Subject: access to information request - ETS reform

Brussels, 16 December 2015

RE: Access to Documents related to ETS review

Dear sirs,
Referring to Regulation (EC) No 1049/2001 on public access to EU documents and to the 'Aarhus Regulation' (see note) , I would herewith like to ask for access to the following:

- all correspondence (including email) since 9 July 2015 between the Commissioner for Climate Action and/or his cabinet and/or officials and representatives of DG CLIMA one one hand and representatives from BusinessEurope, CEFIC, Eurofer, the European Rountable for Industrialists (ERT), The Alliance of Energy Intensive Industries, Gas Naturally, Center for European Policy Studies (CEPS), Eurelectric, Cembureau, ZEP (Zero Emissions Platform), RWE, Repsol, Shell, ArcellorMital, BASF and/or Lafarge in the other, in which the issue of the review of the EU ETS Directive was addressed.

- list of meetings since 1st October 2014 between officials and representatives of DG CLIMA one one hand (excluding the Commissioner for Climate Action and/or his cabinet and the Director General) and representatives from BusinessEurope, CEFIC, Eurofer, the European Rountable for Industrialists (ERT), The Alliance of Energy Intensive Industries, Gas Naturally, Center for European Policy Studies (CEPS), Eurelectric, Cembureau, ZEP (Zero Emissions Platform), RWE, Repsol, Shell, ArcellorMital, BASF and/or Lafarge in the other, in which the issue of the review of the EU ETS Directive was addressed.

- minutes of the meetings mentioned above

I would like to make clear I prefer you produce the documents on a rolling basis.
At no point should the Commission’s search for—or deliberations concerning—certain documents delay the production of others that the Commission has already retrieved and elected to produce.

To the extent possible, we prefer the documents in electronic format. Documents that cannot be sent in electronic format should be sent to Corporate Europe Observatory, Rue d’Edimbourg 26, 1050 Brussels.

Should my request be denied wholly or partially, please explain the denial or all deletions referring to specific exemptions in the regulation. Also I expect the partial release of documents, in case of partial exemption according to article 4.6.

I reserve the right to appeal.

Please confirm having received this application. I look forward to your reply within 15 business days, according to the regulation.

Thank you for your assistance.

Belen Balanya
Corporate Europe Observatory

Note: See Regulation (EC) n. 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and bodies (hereinafter "Aarhus Regulation")

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

This is a request for access to information under Article 15 of the TFEU and, where applicable, Regulation 1049/2001 which has been sent via the AsktheEU.org website.

Please kindly use this email address for all replies to this request: [FOI #2470 email]

If [DG CLIMA request email] is the wrong address for information requests to Climate Action, please tell the AsktheEU.org team on email [email address]

This message and all replies from Climate Action will be published on the AsktheEU.org website. For more information see our dedicated page for EU public officials at http://www.asktheeu.org/en/help/officers

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

hide quoted sections

Climate Action

1 Attachment

Dear Mrs. Balanya,

 

I refer to your email dated 16^th December 2015 in which you requested to
be provided access to Commission documents.   

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 yesterday, on 19^th  January 2016.
Indeed, the consultation of the third parties from which some of the
identified documents originate is still on-going.  

In order to identify and retrieve the documents requested, large
quantities of files as well as our archives have to be examined.
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 9^th February
2016.

 

We apologize for this delay and for any inconvenience this may cause.

 

Kind Regards,

 

Mathilde CREPY
Access to document team

 

[1]cid:image001.gif@01CF3250.5B02B3F0
European Commission
DG Climate Action
Unit 001 – Administrative and Legal Support, Liaison with SRD

 

 

References

Visible links

Climate Action

4 Attachments

Dear Ms. Balanya,

 

With reference to your request for access to documents of 16^th December
2015, registered as GestDem 2015-6667, please find attached DG CLIMA's
reply (ref. Ares(2015) 732489) and the documents which we have identified
as falling under your request and which can be disclosed (either fully or
partially) pursuant to Regulation 1049/2001. Please also find attached an
overview table of all the identified relevant documents to your request
and the corresponding exception of Regulation 1049/2001 applying to their
disclosure.

 

Please note that most of these documents were received by the Commission
from third parties. They are disclosed for information only [and cannot be
re-used without the agreement of the originator, who holds a copyright on
it]. It does not reflect the position of the Commission and cannot be
quoted as such.

 

Please note that this letter is being also sent via registered letter with
acknowledgment of receipt.

 

Yours sincerely,

 

 

Mathilde CREPY
Access to document team

 

[1]cid:image001.gif@01CF3250.5B02B3F0
European Commission
DG Climate Action
Unit 001 – Administrative and Legal Support, Liaison with SRD

 

 

References

Visible links