Dear Environment,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001 and Regulation 1367/2006 I am requesting documents which contain the following environmental information in relation to the derogation granted to Ireland from the requirements of the Nitrates Directive (Commission implementing decision (EU) 2022/696 of 29 April 2022 OJ L129 3.5.2022 p37-45):

All documents containing details of the negotiation between Ireland and the European Commission including documents showing the various proposals and positions adopted by Ireland and European Commission during the negotiation in relation to the proposed derogation and all technical analysis and data produced by either side in relation to water quality and protection of Natura 2000 sites in the context of the various proposals and positions as the negotiations proceeded.

For background some of the details of the negotiation have been reported in specialist Irish media outlets e.g.

I would like to receive good quality electronic copies of the documents in their original format

Yours faithfully,

Fred Logue
8/10 Coke Lane
Dublin 7


Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

documents request - Negotiation of Ireland's Nitrates Directive Derogation
- Ares(2022)5630377  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Sir,


Thank you for your e-mail of 6 August 2022. We hereby acknowledge receipt
of your application for access to documents, which was registered on 08
August 2022 under reference number GESTDEM 2022/4515.


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 30
August 2022. In case this time limit needs to be extended, you will be
informed in due course.


You have lodged your application via 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 website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.


We understand that the third party running the website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the 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 website.


If you do not wish that your correspondence with the Commission is
published on a private third-party website such as, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.


For information on how we process your personal data visit our page
[5]Privacy statement – access to documents.


Yours faithfully,

Access to Documents Team


show quoted sections

ENV D01 ARES, Environment

1 Attachment, Environment

Dear Mr Logue,

We refer to your request dated 06/08/2022 in which you made a request for
access to documents, registered on 08/08/2022 under reference number

Your application is currently being handled. Please note that the
disclosure of documents originating from third parties requires
consultation. We are still in this process of consultation.

We will reply as soon as possible.


We apologize for any inconvenience caused and we count on your


Best regards,


D1 Nitrates Team




Dear [email address],

Could you tell me when to expect a response?

Yours sincerely,

Fred Logue

Dear Environment,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Negotiation of Ireland's Nitrates Directive Derogation'.

A decision was not received within the time limits and therefore there is an implied decision refusing the request. While I appreciate that there is consultation with the third parties, this consultation does not affect the time limits nor does Regulation 1049/2001 give the third parties a veto on access.

I would hope that the information requested is released to me without any further delays.

A full history of my request and all correspondence is available on the Internet at this address:

Yours faithfully,

Fred Logue,

Dear Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2022/4515, sent on 01/10/2022 and registered on 04/10/2022.

We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 25/10/2022. We will let
you know if we need to extend this time limit for additional 15 working

Yours faithfully,

Secretariat-General - Access to Documents
European Commission, Environment

3 Attachments

Dear Mr Logue,

Our apologize for this late reply which is due to a technical problem.

Please find attached our partial positive reply.

With kind regards,

DG ENV.D1 Unit


Title: [Re] GESTDEM 2022/4515 - access to documents request - Negotiation
of Ireland's Nitrates Directive Derogation - partial positive reply

Sender: ve_env.accessdoc (ENV.E.4)
Reg. number: Ares(2022)6985763
Sensitivity: Normal



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1 Attachment

Dear Sir,


Please find attached an advance copy of the reply to your confirmatory
request for access to documents registered under the number 2022/4515.


We would be grateful if you could confirm receipt of the attached document
by return e-mail.


Thank you.


Yours faithfully,


Dear [email address],

Many thanks for your email, I confirm that this file can be closed.

Yours sincerely,

Fred Logue

Mail Delivery System,

2 Attachments

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