EU-Mercosur trade agreement negotiation

Josefina Martí made this access to documents request to Trade

Response to this request is long overdue. By law, under all circumstances, Trade should have responded by now (details). You can complain by requesting an internal review.

From: Josefina Martí

Delivered

Dear Trade,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I would like to request the following documents:

1) all the trade agreement drafts (and/ or proposals) submitted by both parties (EU- Mercosur) since October 2016.

2) all the agendas/ minutes/ notes produced in the negotiation rounds since October 2016.

3) a list of Commission services and officials as well as Mercosur regulatory agencies and officials who have been involved in EU-Mercosur discussions on regulatory issues in the context of the trade agreement, which started in October 2016.

4) a list of meetings of DG Trade officials and/or representatives (including the Commissioner and her Cabinet) and representatives of individual companies and/or industry federations, in which EU-Mercosur trade relations and possible new negotiations have been discussed (since October 2016). The list should include the names of the individuals and organisations attending; the date; the place; and any agendas / minutes / notes produced.

5) all correspondence (including emails) between DG Trade officials and/or representatives (including the Commissioner and her Cabinet) and representatives of companies and/ or industry federations, relating to EU-Mercosur trade relations and possible new negotiations (since October 2016).

Please, I request that, as far as possible, the information is sent in Spanish. Otherwise, in English.

Thank you in advance.

Yours sincerely,
Josefina Martí
Madrid
España

Link to this

Trade


Attachment image001.png
5K Download


Dear Ms Martí,

 

Thank you for your request for access to documents.

Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.

You may, of course, use directly the electronic form for entering your
request:

[1]http://ec.europa.eu/transparency/regdoc/...

 

 

Best regards,

Access to document team

DG TRADE

 

 

[2]cid:image001.png@01D399E3.32A0C7E0

European Commission 

 

 

 

show quoted sections

Link to this

From: Josefina Martí

Delivered

Dear Trade,

This is my postal address

Calle de Juan Bravo 62
28006 Madrid
España

Sorry for the inconvenience

Yours faithfully,

Josefina Martí

Link to this

Trade


Attachment image001.png
5K Download


Dear Ms Martí,

 

Thank you for your e-mail  dated 6 December 2018. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 7 December 2018 under reference number GestDem 2018/6527.

 

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 9
January 2019. 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 third-party 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 that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.

 

We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal
address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

 

 

Yours faithfully,

 

Access to document team

DG TRADE

 

 

[1]cid:image001.png@01D399E3.32A0C7E0

European Commission 

 

 

show quoted sections

Link to this

Trade


Attachment image001.png
5K Download


Dear Ms Martí,

 

We refer to your application for access to documents registered by DG
TRADE on 7 December 2018 with reference number GestDem 2018/6527.

 

Having gone in more detail through the relevant files, we have established
that your application concerns a very large number of documents ? As
regards point 4 and 5 of your request and after the first search and
consultation we have already identified 229 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, Article 6(3) of Regulation 1049/2001 also provides for the
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.

 

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
in more detail 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, we would like to inform
you that we have identified 229 documents (62 letters, 25 meeting reports,
other documents could be considered as correspondence ). We would like to
invite you to reduce the scope to 25 of them by narrowing for example the
period you are interested in, specifying the type of document which is
more relevant than the other or a type of stakeholder.

 

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 25 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 kindly ask you for a swift reply to our invitation for a fair
solution. In the absence of a reply within five working days, expiring on
9 January 2019, 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]cid:image001.png@01D44AB6.FC35E200

European Commission 

DG TRADE

 

 

show quoted sections

Link to this

From: Josefina Martí

Delivered

Dear Trade,

In order to narrow the amount, could we reduce the period of time? For example, only the year 2018 (from january the first to december) instead from 2016.

Thank you,
Yours faithfully,

Josefina Martí

Link to this

From: Josefina Martí

Delivered

Dear Trade,

I haven’t got an answer to my last response, and yesterday finished the time estipulated by law to send the documents.

Yours faithfully,

Josefina Martí

Link to this

Trade

Dear Ms Marti,

Thank you for your email - we apologise for the delay. The Commission was closed during the holiday period. We will now treat your email as quickly as possible.

Kind regards,

Access to Documents team

show quoted sections

Link to this

Trade

Dear Ms Martí,

Thank you very much for your reply . We apologise to coming back to you only now. This delay has been caused by the office close period around end of the year holidays.
After having taken into consideration the reduction of period of time to only the year 2018, it appears that around 70 % of already identified documents would still fall within the scope of the request. It means that we should consider more than 150 documents. As we have already explained in the below communication the assessment of such a huge number of documents cannot be carried out within the normal time limits set out in Article 7 of Regulation 1049/2001. Therefore, we would like to ask you to proceed to more detailed specification of your needs which will permit to limit the number of identified documents to 25. Your choice can be based on the type of the document as specified in the previous communication or on the further reduction of the period of time allowing to restrict the amount of documents to the number possible to be processed within the legal deadlines.

We would kindly ask you for a swift reply

Thank you in advance for your cooperation and understanding.


Yours sincerely,

Access to Documents team
DG TRADE

show quoted sections

Link to this

From: Josefina Martí

Delivered

Dear Trade,

Thanks for the answer. As you explained below, the amount of documents in question are from point number 4 and 5, right? Can we keep points 1, 2 and 3 and narrow 4 and 5?

In this case, I would ask for:
4) A list of meetings of DG Trade officials and/or representatives (including the Commissioner and her Cabinet) and representatives of individual companies and/or industry federations, in which EU-Mercosur trade relations and possible new negotiations have been discussed (since October 2016). The list should include the names of the individuals and organisations attending; the date and the place. (Without the agendas / minutes / notes produced).

5) All correspondence (including emails) between DG Trade officials and/or representatives (including the Commissioner and her Cabinet) and representatives of companies and/ or industry federations, relating to EU-Mercosur trade relations in the las 3 months (from october to december).

Yours faithfully,

Josefina Martí

Link to this

Trade


Attachment image001.png
5K Download


Dear Ms Martí,

 

We refer to your request for access to documents registered on 07/12/2018
under the reference number GestDem 2018/6527.

 

Your application is currently being handled. However, due to the heavy
workload on a large number of requests, 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.

 

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 30/01/2019.

 

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

 

Yours sincerely,

Access to Documents Team

[1]cid:image001.png@01D3781C.27834C90
European Commission
DG TRADE

 

 

References

Visible links

Link to this

From: Josefina Martí

Delivered

Dear Trade,

Please, remember that yesterday was the last day to send the information.

Yours faithfully,

Josefina Martí

Link to this

Trade


Attachment image001.png
3K Download


Dear Ms Martí,

 

We are very sorry that we were not able to provide you with the reply to
your request GESTDEM 2018/6527 by the deadline of 30/01/2019. The handling
of this file has been relatively complicated and time-consuming because it
includes a numerous search within different services in order to compile
all the information you have requested.

We are currently intensifying our efforts to finalise it as soon as
possible.

 

We apologise for the delay and we thank you very much for your patience.

 

 

Yours faithfully,

 

 

Access to Documents Team

[1]http://ec.europa.eu/trade/images/ec-logo...

European Commission

DG TRADE

 

 

show quoted sections

Link to this

From: Josefina Martí

Delivered

Dear Trade,

When do you estimate the information will be ready? It has been 15 days since the time expired.

Thank you very much,
Josefina Martí

Link to this