EU investment policy - correspondence and meetings with business lobby groups

The request was partially successful.

Dear Madams & Sirs,

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:

1) a list of meetings of DG Trade officials and/or representatives (including the Commissioner and the Cabinet) and representatives of individual companies and/or industry federations such as BusinessEurope, the European Services Forum (ESF), the Federation of German Industries (BDI) and/or law firms such as Freshfields, White & Case, Herbert Smith, Lovells and Sidley, in which the EU's foreign investment policy, and in particular the EU-US investment
policy was discussed (since 15 March 2013);

2) minutes and other reports of these meetings;

3) all correspondence (including emails) between DG Trade officials and/or representatives (including the Commissioner and the Cabinet) and representatives of companies, business associations and law firms, in which the EU's foreign investment policy, and in particular the EU-US investment policy was discussed (since 15 March 2013).

Yours faithfully,

Pia Eberhardt

Dear Ms Eberhardt,

Your request for access to documents has been registered under the code 2013/6482. This message is an acknowledgement of receipt.
In accordance with Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents, you will receive a reply within 15 working days (22/01/2014).

Yours faithfully,

Laura Saija
Access to Documents

European Commission
DG TRADE
Unit A3 - Information, communication and civil society
CHAR 7/90
B-1049 Brussels/Belgium
+32 2 29 83078
[email address]

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Dear Pia,

We refer to your e-mail dated 19/12/2013 in which you make a request for access to documents, registered 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 today 22/01/2014.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 12/02/2014.

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

Yours faithfully,

Indre VAICEKAUSKAITE
Access to Documents

European Commission
DG TRADE
Unit A3 - Information, communication and civil society
CHAR 7/90
B-1049 Brussels/Belgium
+32 2 295 61 07
[email address]

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Dear Madams & Sirs,

are there any news on my request? Your last deadline (12/02) has long passed and I haven't heard anything since 20 January. Can you propose a date when you will release the documents?

Yours faithfully,

Pia Eberhardt

Dear Pia,

My apologies for not updating you on time. I was almost sure I have send you a message, but it has never left my outbox.

The two units responsible for your request have been very much involved in preparing a public consultation on ISDS. the preparation had started in the beginning of January and should be finalised in a near future.

Unfortunately, as this was their priority, all the rest has been put on hold. However I have been in contact with responsible person and they have said that they will do their best to provide you with the reply in the beginning of April.

Kind regards,
Indre
________________________________________
From: TRADE ACCES DOCUMENTS
Sent: 10 March 2014 12:53
To: VAICEKAUSKAITE Indre (TRADE)
Subject: FW: access to information request - EU investment policy - GestDem 2013/6482

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Dear Ms Eberhardt,
The colleague in charge of your dossier is absent for personal reasons, I asked the Units involved to update me on the status of your reply and will be back to you with some news and hopefully a date of reply.
I apologize for the delay

Laura Saija
Access to Documents

European Commission
DG TRADE
Unit A3 - Information, communication and civil society
CHAR 7/90
B-1049 Brussels/Belgium
+32 2 29 83078
[email address]

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Dear Laura Saija (TRADE),

by online form dated 19 December 2013, I requested access, on the basis of Regulation 1049/2001, to a number of documents relating the EU's foreign investment policy.

After several deadlines had passed, I asked to be updated about the status of my request on 8 March. On 11 March, you replied that "the two units responsible for your request have been very much involved in preparing a public consultation on ISDS" and that "as this was their priority, all the rest has been put on hold". You also wrote on 11 March that the responsible services "will do their best to provide you with the reply in the beginning of April". The consultation that held up the two units was finally launched at the end of March.

To date, more than 5 months after the initial request and 11 weeks after your last notice, notwithstanding the expiration of all the time limits set by Regulation 1049/2001, the European Commission has neither granted access to the requested documents nor has it written to CEO denying total or partial access thereto.

In these circumstances, CEO requests to the Commission to reply to its application of 19 December 2013 by Friday 6 June 2014 (10 working days from now).

Otherwise CEO may activate the procedure laid down in Article 7(4) of Regulation 1049/2001.

Yours sincerely,

Pia Eberhardt

Dear Madams & Sirs,

on 26 May, 5 months after the initial request and 11 weeks after your last notice, I had requested the Commission to respond by Friday 6 June 2014 (10 working days later) and had announced that CEO might otherwise activate the procedure laid down in Article 7(4) of Regulation 1049/2001.

You responded to this via email writing that you "hope you should receive before 6 June as requested in your email of today." Until today, 12 June, nearly 6 months after I filed the initial request, I have neither received the documents via post nor via this website.

Unfortunately, CEO sees no other option now than to make use of our right of appeal to finally receive an answer to the request.

Yours faithfully,

Pia Eberhardt

Dear Pia,

I cannot give you exact day of the reply but your reply is in circulation for approval of our hierarchy.
Nevertheless, shall I consider your previous email as a confirmatory application and send it to SG for registration?

Thank you in advance for your answer.

Kind regards,
Indre

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Dear Indre,

thank you for getting back to me.

My apologies for the confusion. My previous mail was not meant as a confirmatory application, but as an information to you that, absent a response to our request, CEO will now have to move into this stage and draft one. I will send the confirmatory application via registered mail to the Secretary General.

Of course, I would prefer to not having to send it, so thank you for informing me that the response is circulating for approval in your hierarchy. However, as you know, our experience with DG Trade shows that this can mean many things - from receiving a response the week after to having to wait several more weeks if not months. So, as long as you cannot provide me with a more exact timeframe (like next week), I unfortunately, see other option than to move forward with the confirmatory application.

Yours faithfully,

Pia Eberhardt

Dear Pia,
if everything goes well you should receive the reply by the end of next week. And at latest, beginning of the week after.

Hope this is acceptable, so that you do not need to spend time to draft a confirmatory application and SG to handle it.

Have a nice afternoon!
Friendly greetings,
Indre

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Dear Indre,

thank you for your response.

In that case I'll wait with the confirmatory application and just hope that DG Trade manages for once to stick to its deadlines :). Please do let me know if that is not the case (rather than reacting only after I might have again asked where things stand).

Yours faithfully,

Pia Eberhardt

Dear Pia,

I'm writing to inform you on the state of play of your file. As mentioned last week, the reply for you is in circulation for approval of our hierarchy, but have not yet reach our Director General, thus we are not able to send you a reply today, and we hope that he will sign it next week.

Kind regards,
Indre

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