Dear European External Action Service,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, and the code of good administrative behaviour, I am requesting documents which contain the following information from the EU Delegation in Tokyo:

1. minutes and other reports of the meetings of trade counsellors in Tokyo (between 25 March 2013 and today);

2. a list of meetings of staff in the Tokyo delegation with individual companies, industry associations, law firms, think tanks and lobby consultancies in which the EU-Japan EPA negotiations were discussed (between 25 March 2013 and today);

3. minutes, correspondence and all other documents and reports related to these meetings.

Yours faithfully,

Lora Verheecke
on behalf of Corporate Europe Observatory (CEO)
Corporate Europe Observatory
26 rue d'Edimbourg
1050 Brussels

European External Action Service

1 Attachment

Dear Ms Verheecke,
 
We refer to your application for access to documents to the European
External Action Service. Please note that after internal consultation, DG
TRADE will deal with your request.
 
We hereby acknowledge receipt of your application, which was registered on
28/03/2018 under reference number GestDem 2018/1824.
 
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
23/04/2018. In case this time limit needs to be extended, you will be
informed in due course.
 
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.
 
Yours sincerely,
 
Access to Documents Team
European Commission
Directorate-General for Trade
[1][email address
 

show quoted sections

European External Action Service

3 Attachments

Dear Ms Verheecke,

 

We refer to your application for access to documents registered by DG
TRADE on 28 March 2018 with reference number GestDem 2018/1824.

 

Your application concerns a very large number of documents, which need to
be assessed individually. Such a detailed analysis cannot be carried out
within the normal time limits set out in Article 7 of Regulation
1049/2001.

 

However, Regulation 1049/2001 also provides for a possibility to confer
with applicants in order to find a fair solution when an application
relates to a very long document or concerns a very large number of
documents. Article 6(3) provides that in the event of an application
relating to a very long document or to very large number of documents, the
institution concerned may confer with the applicant informally, with a
view to finding a fair solution.

 

In accordance with the case law of the EU Courts, such a solution can only
concern the content or the number of documents applied for, not the
deadline for replying.  This means that the scope of the request must be
reduced in a way that would enable its treatment within the extended
deadline of 15 + 15 working days.

 

Based on the above-mentioned provision, we would kindly ask you to specify
the objective of your request and your specific interest in the documents
requested, and whether you could narrow down the scope of your request, so
as to reduce it to a more manageable amount of documents. In order to help
you to narrow down your request, please note that the following documents
have been identified as falling under the scope of your request:

 

-          As regards the first point of your request, we have identified
55 documents. Please find attached a list of reports of meetings with
Member States counsellors, with the date of the meeting indicated.

 

-          As regards the third point of your request, we have identified
108 reports of meetings of staff in the EU Delegation in Tokyo with
external organisations in which the EU-Japan EPA negotiations were
discussed. We also attach a list of these reports, with the date, the name
of the organisation and the main topic of discussion. Please note that we
have not been able yet to identify the correspondence and all other
documents related to these meetings.

 

To give you an idea of the overall timeline, and taking into account other
applications for access to documents and other tasks that the staff
concerned are likely to have to deal with during the same period, we would
expect to be able to process up to 30 documents within 30 working days.
This includes:

-              assessment of the content of the documents in light of the
exceptions of Article 4 of Regulation 1049/2001;

-              third-party consultations under Article 4(4) of Regulation
1049/2001;

-              final assessment of the documents in light of the comments
received;

-              drafting of the reply;

-              redaction of those parts of the documents to which one or
several exceptions apply(ies);

-              internal approval of the draft decision on your request;

-              preparation of the reply and the documents for dispatch.

 

We would therefore kindly ask you to reduce the scope of your request by
selecting up to 30 documents in total of those included in the attached
lists, to enable us to reply within 30 working days. In the interest of
dealing with your request within the normal time limits of Regulation
1049/2001, and given the already large amount of identified documents,
this is subject to your agreement to withdraw the part of your request
related to correspondence, which we have not had the time to identify yet.
If you are still interested in the correspondence, we would suggest that
you introduce a new request once this current request is closed.

 

We would kindly ask you for a swift reply to our invitation for a fair
solution. In the absence of a reply within five working days, we will
unilaterally restrict the scope of your application to those parts that
can be dealt with within the extended deadline of 30 working days.

 

Thank you in advance for your cooperation and understanding.

 

Yours sincerely,

 

Access to Documents Team

[1]http://ec.europa.eu/trade/images/ec-logo...
European Commission
Directorate-General for Trade

[2][adresse e-mail] 

_____________________________________________
From: TRADE ACCES DOCUMENTS
Sent: Wednesday, March 28, 2018 9:59 AM
To: '[FOI #5304 email]'
<[3][FOI #5304 email]>
Cc: EEAS ACCESS TO DOCUMENTS (EEAS)
<[4][EEAS request email]>; TRADE ACCES DOCUMENTS
<[5][adresse e-mail]>
Subject: RE: access to documents request - EU - Japan EPA stakeholder
meetings Tokyo delegation - GestDem 2018/1824

 

 

Dear Ms Verheecke,

 

We refer to your application for access to documents to the European
External Action Service. Please note that after internal consultation, DG
TRADE will deal with your request.

 

We hereby acknowledge receipt of your application, which was registered on
28/03/2018 under reference number GestDem 2018/1824.

 

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
23/04/2018. In case this time limit needs to be extended, you will be
informed in due course.

 

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.

 

Yours sincerely,

 

Access to Documents Team

<< OLE Object: Picture (Device Independent Bitmap) >>
European Commission
Directorate-General for Trade

[6][adresse e-mail] 

 

show quoted sections

European External Action Service

1 Attachment

Dear Ms Verheecke,

 

We refer to our email of 20 April, in which we invited you, pursuant to
Article 6(3) of Regulation 1049/2001, to propose a fair solution for
dealing with your request for access to documents, registered on 28 March
2018 under reference number GestDem 2018/1824.

 

We explained that such a fair solution could consist of narrowing down the
scope of your request (i.e. the timeframe covered or selecting up to 30
documents of those identified in the lists we provided you with), so as to
reduce it to a more manageable amount of documents.

 

We also indicated that we would expect to be able to process up to 30
documents within 30 working days. This includes:

-              assessment of the content of the documents in light of the
exceptions of Article 4 of Regulation 1049/2001;

-              third-party consultations under Article 4(4) of Regulation
1049/2001;

-              final assessment of the documents in light of the comments
received;

-              drafting of the reply;

-              redaction of those parts of the documents to which one or
several exceptions apply(ies);

-              internal approval of the draft decision on your request;

-              preparation of the reply and the documents for dispatch.

 

You have not replied to our invitation to propose such a fair solution.
With a view to safeguarding the interests of good administration, we
therefore see ourselves obliged to balance your possible interest in
access against the workload resulting from the processing of your
application. This is in line with the case law of the EU Courts (Judgment
of the Court of Justice of 2 October 2014 in case C-127/13, Strack v
Commission, paragraphs 27-28).

 

We have therefore, as indicated in our email of 20 April 2018, proceeded
to the unilateral restriction of the scope of your application to a number
of documents that can be dealt with within 30 working days counting from
the date of registration of your application. Based on the information
available we have not been able to identify any other conceivable way of
dealing with your request.

 

We have reduced the scope by limiting the documents to the most recent
ones, i.e. years 2017 and 2018. Consequently, your application is
understood to cover:

 

1. minutes and other reports of the meetings of trade counsellors in Tokyo
(between January 2017 and 27 March 2018);

 

2. minutes of meetings of staff in the Tokyo delegation with individual
companies, industry associations, law firms, think tanks and lobby
consultancies in which the EU-Japan EPA negotiations were discussed
(between January 2017 and 27 March 2018).

 

 

Thank you for your understanding.

 

Yours sincerely,

Access to Documents Team

[1]http://ec.europa.eu/trade/images/ec-logo...
European Commission
Directorate-General for Trade

[2][email address

 

 

 

From: TRADE ACCES DOCUMENTS
Sent: Friday, April 20, 2018 5:14 PM
To: '[FOI #5304 email]'
Cc: TRADE ACCES DOCUMENTS
Subject: RE: access to documents request - EU - Japan EPA stakeholder
meetings Tokyo delegation - GestDem 2018/1824

 

Dear Ms Verheecke,

 

We refer to your application for access to documents registered by DG
TRADE on 28 March 2018 with reference number GestDem 2018/1824.

 

Your application concerns a very large number of documents, which need to
be assessed individually. Such a detailed analysis cannot be carried out
within the normal time limits set out in Article 7 of Regulation
1049/2001.

 

However, Regulation 1049/2001 also provides for a possibility to confer
with applicants in order to find a fair solution when an application
relates to a very long document or concerns a very large number of
documents. Article 6(3) provides that in the event of an application
relating to a very long document or to very large number of documents, the
institution concerned may confer with the applicant informally, with a
view to finding a fair solution.

 

In accordance with the case law of the EU Courts, such a solution can only
concern the content or the number of documents applied for, not the
deadline for replying.  This means that the scope of the request must be
reduced in a way that would enable its treatment within the extended
deadline of 15 + 15 working days.

 

Based on the above-mentioned provision, we would kindly ask you to specify
the objective of your request and your specific interest in the documents
requested, and whether you could narrow down the scope of your request, so
as to reduce it to a more manageable amount of documents. In order to help
you to narrow down your request, please note that the following documents
have been identified as falling under the scope of your request:

 

-          As regards the first point of your request, we have identified
55 documents. Please find attached a list of reports of meetings with
Member States counsellors, with the date of the meeting indicated.

 

-          As regards the third point of your request, we have identified
108 reports of meetings of staff in the EU Delegation in Tokyo with
external organisations in which the EU-Japan EPA negotiations were
discussed. We also attach a list of these reports, with the date, the name
of the organisation and the main topic of discussion. Please note that we
have not been able yet to identify the correspondence and all other
documents related to these meetings.

 

To give you an idea of the overall timeline, and taking into account other
applications for access to documents and other tasks that the staff
concerned are likely to have to deal with during the same period, we would
expect to be able to process up to 30 documents within 30 working days.
This includes:

-              assessment of the content of the documents in light of the
exceptions of Article 4 of Regulation 1049/2001;

-              third-party consultations under Article 4(4) of Regulation
1049/2001;

-              final assessment of the documents in light of the comments
received;

-              drafting of the reply;

-              redaction of those parts of the documents to which one or
several exceptions apply(ies);

-              internal approval of the draft decision on your request;

-              preparation of the reply and the documents for dispatch.

 

We would therefore kindly ask you to reduce the scope of your request by
selecting up to 30 documents in total of those included in the attached
lists, to enable us to reply within 30 working days. In the interest of
dealing with your request within the normal time limits of Regulation
1049/2001, and given the already large amount of identified documents,
this is subject to your agreement to withdraw the part of your request
related to correspondence, which we have not had the time to identify yet.
If you are still interested in the correspondence, we would suggest that
you introduce a new request once this current request is closed.

 

We would kindly ask you for a swift reply to our invitation for a fair
solution. In the absence of a reply within five working days, we will
unilaterally restrict the scope of your application to those parts that
can be dealt with within the extended deadline of 30 working days.

 

Thank you in advance for your cooperation and understanding.

 

Yours sincerely,

 

Access to Documents Team

[3]http://ec.europa.eu/trade/images/ec-logo...
European Commission
Directorate-General for Trade

[4][email address

_____________________________________________
From: TRADE ACCES DOCUMENTS
Sent: Wednesday, March 28, 2018 9:59 AM
To: '[FOI #5304 email]'
<[5][FOI #5304 email]>
Cc: EEAS ACCESS TO DOCUMENTS (EEAS)
<[6][EEAS request email]>; TRADE ACCES DOCUMENTS
<[7][email address]>
Subject: RE: access to documents request - EU - Japan EPA stakeholder
meetings Tokyo delegation - GestDem 2018/1824

 

 

Dear Ms Verheecke,

 

We refer to your application for access to documents to the European
External Action Service. Please note that after internal consultation, DG
TRADE will deal with your request.

 

We hereby acknowledge receipt of your application, which was registered on
28/03/2018 under reference number GestDem 2018/1824.

 

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
23/04/2018. In case this time limit needs to be extended, you will be
informed in due course.

 

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.

 

Yours sincerely,

 

Access to Documents Team

<< OLE Object: Picture (Device Independent Bitmap) >>
European Commission
Directorate-General for Trade

[8][email address

 

show quoted sections

Dear European External Action Service,

Thank you very much for your reply.
I am sorry for my delayed answer.
The way you narrowed down my request between January 2017 and 27 March 2018 is fine with me.

Yours faithfully,

Lora Verheecke

Dear European External Action Service,

Could you please tell me when I can expect an answer to my request?

Yours faithfully,

Lora Verheecke

European External Action Service

Dear Ms Verheecke,

Please note that your request GestDem 2018/1824 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
[email address]

show quoted sections

European External Action Service

Dear Ms Verkeecke,

We refer to your request GestDem 2018/1824. Unfortunately and despite our best efforts, there is still some work required to finalise the reply to your request before sending it out to you. The unit in charge has been extremely busy with, among other tasks, a high number of complicated and detailed requests for documents. In addition, the analysis of the documents had to be carried out together with the staff in the Delegation in Tokyo, which rendered the task more complex.

We will do our best endeavour to complete the reply to your request as quickly as possible. We will keep you informed on the progress of your file.

We sincerely apologise for the delay and we are sorry for any inconvenience this may cause.

Yours sincerely,

Access to Documents Team

European Commission
Directorate-General for Trade
[email address]

show quoted sections

EC ARES NOREPLY,

29 Attachments

Veuillez trouver ci-joint le document Ares(2018)5826604 concernant "Reply to GESTDEM 2018/1824 Access to documents request" envoyé par M/Mme DEMARTY Jean-Luc le 14/11/2018.

Please find attached document Ares(2018)5826604 regarding "Reply to GESTDEM 2018/1824 Access to documents request" sent by Mr/Ms DEMARTY Jean-Luc on 14/11/2018.

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