Meetings on biofuels and Indirect Land-Use Change

Access Info Europe made this access to documents request to Climate Action

The request was successful.

From: Access Info Europe

Delivered

Dear Climate Action,

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:

A list of meetings of DG CLIMA officials and/or representatives (including the Commissioner Hedegaard and her Cabinet) in which biofuels and Indirect Land-Use Change (in particular the preparation of the European Commission's October 2012 proposal on the issue) were discussed with external stakeholders including:
- Representatives of individual companies
- Lobby consultancies and law firms
- Industry associations
- Civil Society Organisations

The timeframe for my request is between 1 January 2012 and 18 October 2012.

I would prefer you to produce these lists on a rolling basis, rather than waiting until the full response is ready.

Please do not hesitate to get back to me for any additional question or specification which might help you deal with my request.

Yours faithfully,

Access Info Europe
Cava San Miguel 8, 4C
28005 Madrid,
Spain

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Climate Action


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Dear Madam or Sir,

 

Thank you for your email of 15 July 2015 in which you introduced a request
for access to documents concerning a list of meetings of DG CLIMA
officials and/or representatives (including the Commissioner Hedegaard and
her Cabinet) in which biofuels and Indirect Land-Use Change (in particular
the preparation of the European Commission's October 2012 proposal on the
issue) were discussed with external stakeholders including:

- Representatives of individual companies

- Lobby consultancies and law firms

- Industry associations

- Civil Society Organisations

 

The timeframe for my request is between 1 January 2012 and 18 October
2012. 

 

 

This is a very broadly formulated request. The description given in your
letter does not enable us to identify concrete documents which would
correspond to your request. Consequently, we are unable to handle your
request in its present form.

 

We therefore invite you, pursuant to Article 6(2) of Regulation (EC) No
1049/2001 regarding public access to documents, to make a more targeted
request and provide us with more detailed information on the documents
which you seek to obtain, such as the more specific subject /scope of the
request as well as references, dates and more specific period during
which the document would have been produced, names and persons of DG CLIMA
officials and the previous Commissioner Hedegaard Cabinet members, names
of the companies, law firms, lobby consultancies, industry or civil
society organizations and provide us with any other relevant information
which would enable us to identify the documents falling under your
request. Moreover, please note that the documents you are requesting refer
to the previous Cabinet of the Commissioner Hedegaard whose mandate ended
in October 2014.

 

 

The 15 working days' time limit for handling your application will start
running when we receive the requested clarification.

 

 

Thank you in advance for your understanding.

 

Yours faithfully,

 

Veronika Hulkova

 

European Commission
Directorate-General for Climate Action
Access to Documents Team

show quoted sections

 

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:
[1][FOI #2141 email]

 

If [2][DG CLIMA request email] is the wrong address for
information requests to Climate Action, please tell the AsktheEU.org team
on email [3][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 [4]http://www.asktheeu.org/en/help/officers

 

 

 

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Dear Madame or Sir,

 

With reference to our email of 16 July 2015, we consider your request for
access to documents of 15 July 2015 as withdrawn.

Should you wish to receive the documents you were requesting, please
specify your application in line with the guidelines given in our previous
correspondence of 29 June and 30 June 2015.

 

Thank you for your understanding.

 

Yours sincerely,

 

Veronika Hulkova

European Commission
Directorate-General for Climate Action
Access to Documents Team

show quoted sections

 

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:
[1][FOI #2141 email]

 

If [2][DG CLIMA request email] is the wrong address for
information requests to Climate Action, please tell the AsktheEU.org team
on email [3][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 [4]http://www.asktheeu.org/en/help/officers

 

 

 

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Link to this

From: Access Info Europe

Delivered

Dear Climate Action,

This email is to confirm that I have not withdrawn my access to documents request.

I am trying to work out how best to reduce the scope of my request in order to facilitate your search for documents, as well as to ensure I am able to obtain the information I am looking for.

Additionally, I do not understand why you are suggesting withdrawal of my request after 10 working days, given the fact there is no specific clause in Regulation 1049/2001 that states I need to clarify a request within 10 working days. The only reference to timeframes I can see in Regulation 1049/2001 are contained in Article 7, that give the institutions 15 working days to respond to requests, and 15 working days for requesters to respond to (partial) refusals. Also, I do not know what correspondence you refer to from 29-30 June 2015.

I will respond soon regarding the clarification and narrowing of the scope of my request.

Yours faithfully,

Access Info Europe

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Climate Action


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Dear Access Info Europe,

 

We take a note of your reply and we will be waiting for the specification
of your request.

 

Best regards,

               

Access to documents team

European Commission
Directorate-General for Climate Action
Access to Documents Team

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From: Access Info Europe

Delivered

Dear DG CLIMA,

Thank you for your patience, I have now reframed my request as outlined below:

Pursuant to the right of access to documents laid down in EU primary law, specifically Article 15 TFUE and Article 42 of the Charter of fundamental rights of the EU, and developed in Regulation 1049/2001, I am requesting all communications (including emails) and all documents (agendas, minutes, lists of participants, etc.) related to biofuels and Indirect Land-Use Change (in particular the preparation of the European Commission's 2012 proposal on the issue) between former Commissioner Hedegaard, her then head of cabinet and the DG CLIMA Unit in charge of Transport, and the organisations outlined below. I would prefer you to produce the documents on a rolling basis, rather than waiting until the full response is ready, and I would be pleased to receive an initial list of all documents as soon as possible.
a) Industry.
• Sofiprotéol and its subsidiaries and affiliated organisations, including:
- Diester Industrie and Diester Industrie International.
- Société Agro Industrielle de Patrimoine Oléagineux (Saipol).
- Société Interoléagineuse d'Assistance et de Développement.
• BP p.l.c (BP) and BP Biofuels.

b) Civil Society Organsations
• Transport & Environment
• Oxfam International
• Friends of the Earth Europe

c) Trade associations and organisations.
• European Farmers (COPA) and European Agri-cooperatives (COGECA).
• European Biodiesel Board (EBB).
• European Producers Union of Renewable Ethanol (ePURE).
• The EU Vegetable Oil and Proteinmeal Industry (FEDIOL).

d) Consultancies and Public Affairs firms
• Hill & Knowlton International Belgium (H+K).
• Fleishman-Hillard.
• G Plus Ltd (gplus brussels).
• FIPRA International Limited (FIPRA).
• The Skill Set

The time scope of my request is between 1 July 2012 and 18 October 2012.

Please do not hesitate to get back to me for any further question or specification which might help you deal with my request.

Yours faithfully,

Access Info Europe

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Climate Action


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Dear Madam or Sir,

 

Thank you for your email by which you clarified the scope of your request.
To be able to register your request, please provide us with the name of
the person responsible together with the postal address that is required
for registering and handling your request in line with the procedural
requirements.

 

Thank you in advance for your cooperation.

 

Yours sincerely,

 

Veronika Hulkova

European Commission
Directorate-General for Climate Action
Access to Documents Team

show quoted sections

 

Please use this email address for all replies to this request:

 

[6][FOI #2141 email]

 

 

 

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 [7][5]http://www.asktheeu.org/en/help/officers

 

 

 

 

 

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From: Access Info Europe

Delivered

Dear Climate Action,

I have already provided you with my postal address for this request:

Access Info Europe
Calle Cava de San Miguel 8, 4c
28005 Madrid, Spain

According to Article 2.1. of Regulation 1049/2001, "Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions..."

Access Info Europe is a legal person with its office registered in an EU Member State (please take a look at our Statutes, ID number, registration certification - http://www.access-info.org/mission-and-s..., therefore I do not understand why you are not registering this request.

Please can you confirm if you are going to register and answer this request for the legal person Access Info Europe, or if you will be denying Access Info Europe the right of access to EU documents due to added procedural requirements that are not legally necessary?

Yours faithfully,

Access Info Europe

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Climate Action


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Dear Madam or Sir,

 

Please provide your contact details and the name of person acting for the
legal person, so we can address our reply to your hands. This is a
standard information provided by all our applicants and legal requirement
when creating a company or any other legal entity.

 

Thank you in advance for your reply.

 

Best regards,

 

Veronika Hulkova

European Commission
Directorate-General for Climate Action
Access to Documents Team

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From: Access Info Europe

Delivered

Dear Climate Action,

Thank you for your response.

Access Info Europe is a legal person as defined in Regulation 1049/2001. Please can you indicate where in Regulation 1049/2001, or your procedural requirements, there is a requirement for a natural person to also be named when a legal person is making a request? Can you confirm to me that if I do not provide the name of a natural person when making a request as a legal person, that my request will not be registered?

Yours faithfully,

Access Info Europe

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Dear Madam or Sir,

 

Thank you for your reply concerning the legal entity of Access Info
Europe. As we have explained in our previous correspondence to appoint a
natural person entitled to act on behalf of Access Info Europe (or any
other legal person) is standard company (civil) law requirement existing
in the legislation of all MS including EU law. The Regulation No 1049/2001
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL regarding public access to
European Parliament, Council and Commission documents does not define
legal persons as such.

 

The Art. 6 (4) of the Regulation No.1049/2001 stipulates that the
institutions shall provide information and assistance to citizens on how
and where applications for access to documents can be made. You may, of
course, use directly the electronic form for entering your request:

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

 

In accordance with the procedural rules, the applicant shall be informed
of the response to his application in writing. Indeed, as foreseen by
Article 297 of the Treaty on the Functioning of the European Union (TFEU),
[…] decisions which specify to whom they are addressed, shall be notified
to those to whom they are addressed and shall take effect upon such
notification. Replies triggering the possibility for administrative or
judicial redress are therefore transmitted via registered mail with
acknowledgement of receipt. This requires an indication of a valid postal
address by the applicant together with the name of the natural person
acting on behalf of the legal person introducing the request. Such
measures should also avoid situations where requests are introduced under
an invented identity or under the identity of a third person.

 

We trust that this has clarified the points you have raised and by
providing us the necessary contact details, we will be able to register
and handle your request for access to documents in accordance with the
relevant provisions of the Regulation No.1049/2001.

 

Best regards,

 

Veronika Hulkova

 

European Commission
Directorate-General for Climate Action
Access to Documents Team

show quoted sections

 

 

 

Please use this email address for all replies to this request:

 

 

 

[13][FOI #2141 email]

 

 

 

 

 

 

 

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From: Access Info Europe

Delivered

Dear Climate Action,

Thank you for your message.

Please consider my response as a formal complaint.

In your initial response on 16th July, you did not mention any requirement to provide a name, and you asked me to narrow down the scope of the request in order to register it, which I did. You specifically stated that "The 15 working days' time limit for handling your application will start running when we receive the requested clarification."

I provided the requested clarification and you responded that in order: “To be able to register your request, please provide us with the name of the person responsible together with the postal address that is required for registering and handling your request in line with the procedural requirements.”

I had provided you already with the postal address and with the name of the legal person making this request, which is Access Info Europe. In that message (5th August), I even sent you a link to our Statutes, ID number and registration certification: http://www.access-info.org/mission-and-s...

Despite the information I provided, and your statement that the 15 working days would begin once I had clarified my request, you asked for my “contact details and the name of person acting for the legal person.” You go on to state that “This is a standard information provided by all our applicants and legal requirement when creating a company or any other legal entity.”

I responded once again requesting clarification and confirmation as to whether or not, under your procedural requirements, failure to provide the name of a natural person when making this request as a legal person, would result in my request not being registered. In your latest message on 7th August, you confirm that this is the case, and state the following:

“As we have explained in our previous correspondence to appoint a natural person entitled to act on behalf of Access Info Europe (or any other legal person) is standard company (civil) law requirement existing in the legislation of all MS including EU law… We trust that this has clarified the points you have raised and by providing us the necessary contact details, we will be able to register and handle your request for access to documents in accordance with the relevant provisions of the Regulation No.1049/2001.”

Your response did not clarify any of my points. The message first of all gives the impression that you require me to name the legal representative of Access Info Europe whilst at the same time asks me to provide only necessary contact details. I would ask again for a clarification but I have already asked you twice to clarify exactly what your requirements are, and you have consistently failed to provide a link to any decision or text that publicises these procedural requirements. Indeed, you concede that Regulation 1049/2001 on access to EU documents does not even define “legal person”, and then you cite Article 297 of TFEU which mentions nothing about either legal or natural persons. You fail to indicate a decision or regulation that would give a specific legal basis to your procedural requirements that I must provide the contact details of a natural person when attempting to file a request as a legal person.

Please consider this a formal complaint (and not a confirmatory application as you still have not registered this correspondence as a request) against a) your failure to handle my request in line with the Code of Good Administrative Practice, b) your refusal to register my request in violation of the access to documents Regulation, and c) your unreasoned and disproportionate blockage of my ability to exercise the right of access to documents, which the Treaties clearly state apply also to legal persons.

Yours faithfully,

Access Info Europe

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From: Access Info Europe

Delivered

Dear Climate Action,

In addition to the complaint I have just sent you about the handling of this request (which I am still interested in getting a formal response to), I continue to be interested in getting my request registered and having it answered.

Therefore, in order to process the registration of the request, whilst still confirming that Access Info Europe is the legal person to whom any decision regarding this request should be addressed, I am providing the contact details you asked for, below.

Yours faithfully,

Andreas Pavlou
Access Info Europe
Calle Cava de San Miguel 8 4c
28005 Madrid
Spain

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Dear Mr. Pavlou,

 

Thank you for your e-mail dated 10^th August 2015 by which you provided
your contact details.  We hereby acknowledge receipt of your application
for access to documents, which was registered on 11^th August 2015 under
reference number GestDem 2015/4338.

Please be informed the reply to your second email also dated 10^th August
2015 by which you complain about the management of your access to
documents request will be treated separately.

 

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 1^st
September 2015. 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 faithfully,

 

Mathilde CREPY
Access to document team

 

[1]cid:image001.gif@01CF3250.5B02B3F0
European Commission
DG Climate Action
Unit 003 – Administrative and Legal Support, Liaison with SRD

 

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Attachment Aknowledgement of receipt.pdf
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Dear Mr. Pavlou,

I refer to your email dated 10^th August 2015 in which you complained
about the management of your access to document request.
Please find attached the acknowledgement of receipt of your complaint.

Yours sincerely,

Rudy Van Horenbeek
DG Climate Action - Head of administrative and legal coordination cell
CLIMA.003
European Commission
tel      + 32 2 29 90 339
e-mail [1][email address]

"The views expressed are purely those of the writer and may not in any
circumstances be regarded as stating an official position of the European
Commission."

 

 

 

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Dear Mr Pavlou,

 

We refer to your email dated 10^th August 2015  following which we
registered your application for access to documents on the 11^th August
2015 under the reference GestDem 2015/4338.

 

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 on 1^st  September 2015.

 

An extended time limit is needed as your application as most of the
identified documents are currently being assessed by the third party they
originate from.

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 22^nd September
2015.

 

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

 

Yours faithfully

 

Mathilde CREPY
Access to document team

 

[1]cid:image001.gif@01CF3250.5B02B3F0
European Commission
DG Climate Action
Unit 003 – Administrative and Legal Support, Liaison with SRD

 

References

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Climate Action


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Attachment Document 1 Ares 2012 899589 DG CLIMA Reply to EBB Fediol and Coceral.pdf
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Attachment Document 2a Ares 2012 986640 ePure Cover email to Commissioner.pdf
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Attachment Document 2b Ares 2012 986640 ePure Letter to Commissioner Invitation to conference.pdf
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Attachment Document 2c Ares 2012 986640 ePure programme of conference.pdf
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Attachment RE ePURE s conference.html
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Attachment Document 3a Ares 2012 1085869 EBB Fediol ePure Copa Cogeca Cover email.pdf
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Attachment Document 3b Ares 2012 1099528 EBB Fediol ePure Copa Cogeca Position paper.pdf
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Attachment Document 4a Ares 2012 1099528 Fediol Cover Email to Commissioner Hedegaard.pdf
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Attachment Document 4b Ares 2012 1099528 EBB Fediol ePure Copa Cogeca Request for meeting with CH.pdf
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Attachment Document 5a Ares 2012 1116600 Transport Environment Cover email.pdf
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Attachment Document 5b Ares 2012 1116600 Transport Environment letter to Commissioner ILUC proposal.pdf
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Attachment Document 6a Ares 2012 1140961 Transport Environment Gestdem 2012 3899 3900 Reply from DG CLIMA.pdf
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Attachment Document 6b Ares 2012 1140961 Transport Environment Gestdem 2012 3899 3900 Overview table.pdf
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Attachment Document 7a Ares 2012 1151049 Oxfam Email to Commissiner.pdf
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Attachment Document 7b Ares 2012 1151049 Oxfam Letter to Commissiner.pdf
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Attachment Document 7c Ares 2012 1151049 Oxfam Briefing Paper Hunger grains.pdf
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Attachment Document 8 Ares 2012 1212703 Transport Environment letter to Commissioner ILUC proposal 2.pdf
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Dear Mr Pavlou,

 

We refer to your email dated 10th August 2015  following which we
registered your application for access to documents on the 11th August
2015 under the reference GestDem 2015/4338.

 

In your initial application, you explicitly stated that you would prefer
receiving the documents you requested on a rolling basis rather than
waiting for the full response. I am therefore pleased to send you the
first part of the reply to your application (which will be split into two
parts).

Please find attached the documents which we have identified as falling
under your request and which can be disclosed pursuant to Regulation
1049/2001.

 

As underlined in my previous email, most of the identified documents
originate from third parties and some of their disclosure is still being
assessed by them.

We will get back to you shortly.  

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

 

Finally, please not that similar documents to what you requested were
found in other Commission's services than DG CLIMA (such as letters
addressed to President Barroso). We would therefore suggest you to lodge a
new initial application concerning these documents.

 

Yours faithfully

 

Mathilde CREPY
Access to document team

 

[1]cid:image001.gif@01CF3250.5B02B3F0
European Commission
DG Climate Action
Unit 003 – Administrative and Legal Support, Liaison with SRD

 

 

References

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Climate Action


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Attachment Document 9a Ares 2012 1022111 EBB Cover email CAB Request for meeting.pdf
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Attachment RE Ares 2012 1022111 Request for a meeting on Indirect Land Use Change and revision of EU biofuels policy perspectives.html
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Attachment Document 10a Ares 2012 1068580 EBB Cover email CAB EBB arguments.pdf
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Attachment Document 10b Ares 2012 1068580 EBB Position paper.pdf
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Attachment RE EBB position on potential legislative proposal for ILUC Ares 20012 1068580.html
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Attachment image001.jpg
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Attachment Overview table 2015 4338 compiled parts I II.doc
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Dear Mr Pavlou,

I refer to your access to documents request registered under the reference
GestDem 2015/4338.

You had already received the first part of our reply to your request on
17^th September 2015. I am pleased to hereby send you the second and last
batch of the requested documents together with an overview table of all
the documents you have been provided in this email and the previous one
(see below) for your convenience.

Please note that these documents are sent to you via email only.

Yours faithfully,

Mathilde CREPY
Access to document team

 

[1]cid:image001.gif@01CF3250.5B02B3F0
European Commission
DG Climate Action
Unit 003 – Administrative and Legal Support, Liaison with SRD

 

 

 

From: CLIMA ACCESS DOCUMENTS
Sent: Thursday, September 17, 2015 9:57 PM
To: '[FOI #2141 email]'
Cc: CLIMA ACCESS DOCUMENTS
Subject: Gestdem 2015/4338 - Reply part I

 

Dear Mr Pavlou,

 

We refer to your email dated 10th August 2015  following which we
registered your application for access to documents on the 11th August
2015 under the reference GestDem 2015/4338.

 

In your initial application, you explicitly stated that you would prefer
receiving the documents you requested on a rolling basis rather than
waiting for the full response. I am therefore pleased to send you the
first part of the reply to your application (which will be split into two
parts).

Please find attached the documents which we have identified as falling
under your request and which can be disclosed pursuant to Regulation
1049/2001.

 

As underlined in my previous email, most of the identified documents
originate from third parties and some of their disclosure is still being
assessed by them.

We will get back to you shortly.  

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

 

Finally, please not that similar documents to what you requested were
found in other Commission's services than DG CLIMA (such as letters
addressed to President Barroso). We would therefore suggest you to lodge a
new initial application concerning these documents.

 

Yours faithfully

 

Mathilde CREPY
Access to document team

 

[2]cid:image001.gif@01CF3250.5B02B3F0
European Commission
DG Climate Action
Unit 003 – Administrative and Legal Support, Liaison with SRD

 

 

References

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Attachment Reply to complainant Access Info Europe GestDem 2015 4338.pdf
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Dear Mr. Pavlou,

I refer to your email dated 10^th August 2015 in which you complained
about the management of your access to document request.
Please find attached the reply of DG Climate Action to your complaint.

Please note that you will also receive this reply via registered mail with
acknowledgement of receipt.

Yours sincerely,

Mathilde CREPY
Access to document team

 

[1]cid:image001.gif@01CF3250.5B02B3F0
European Commission
DG Climate Action
Unit 003 – Administrative and Legal Support, Liaison with SRD

 

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