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Notification of iFuse products under Directive 2014/40/EU

Peter Beckett made this access to documents request to Health and Food Safety

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From: Peter Beckett

Delivered

Dear Health and Food Safety,

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:

All information submitted via the EU-CEG by British American Tobacco for and in support of its notification of the iFuse range of products under Article 19 of Directive 2014/40/EU, including all attachments submitted. For clarity, the iFuse product is described on its commercial website at https://ifuse.com/ro/.

Yours faithfully,

Peter Beckett

232 Chaussee d'Ixelles, 1050 Brussels, Belgium

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Health and Food Safety

Dear Mr Beckett,

Thank you for your email dated 31 August 2017 (see message below).

We hereby acknowledge receipt of your application for access to documents, which was registered today (1 September 2017) under reference number GestDem 2017/4988.

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 22 September 2017.

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,

SANTE ACCESS TO DOCUMENTS

European Commission
DG Health and Food Safety (SANTE)
Email: [DG SANTE request email]

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Health and Food Safety


Attachment Signed Registered Letter Ares 4392236.pdf
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Dear Mr. Beckett,

 

Further to your below emails concerning your requests for access to
documents in subject, please find our reply attached.

 

The original letter will be sent by registered email as indicated in the
enclosed letter.

 

 

Yours sincerely,

Unit B2 – Health in all policies, global health, tobacco control
Health and Food Safety DG (SANTE) - European Commission      
8   [1][email address]

 

 

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From: Peter Beckett

Delivered

Dear Health and Food Safety,

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 'Notification of iFuse products under Directive 2014/40/EU'.

I am surprised that the Commission has refused the entire request based on commercial sensitivities. Under Directive 2014/40/EU, all data about notified products of all categories must be made available on a public website while having due regard for commercial sensitivities. Upon making notifications, organisations are given the option to request that certain information be held confidentially. It is then the role of the Member States to review this request in line with the guidance set down in the relevant implementing measure (2015/2186).

Consequently, if the Commission holds information as requested in the 1049 request I have made, and the submitter has not marked that information 'confidential' then there is no reason for that information to be withheld from the public based on potential commercial consequences for the submitter. If the submitter has marked this information confidential, but it cannot be said to be so within the boundaries set by 2015/2186, then the Commission should also release this information to the public.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/noti...

I look forward to your response.

Yours faithfully,

Peter Beckett

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Health and Food Safety

Dear Sir,

Thank you for your email dated 10/09/2017, by which you request, pursuant to Regulation No 1049/2001 regarding public access to European Parliament, Council and Commission documents, a review of the position taken by DG SANTE in reply to your initial application GESTDEM 2017/4745 & 2017/4988.

We hereby acknowledge receipt of your confirmatory application for access to documents which was registered on 20/09/2017 (Ares(2017)4594811).

Your application will be handled within 15 working days (11/10/2017). In case this time limit needs to be extended, you will be informed in due course.

Please be informed that the answer to your confirmatory application is a formal Commission decision that will be notified to you by express delivery.

We kindly offer you the possibility to provide us a contact phone number (by email to [email address]), so that the external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any other purpose than for informing the delivery service, and that it will delete it immediately thereafter.

Yours faithfully,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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From: EC ARES NOREPLY


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Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2017)4961298 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2017/4988

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Beckett,

 

I refer to your email of 10 September 2017, registered on 20 September
2017, by which you submit a confirmatory application in accordance with
Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents (‘Regulation
1049/2001’).

 

Your confirmatory application, concerning the review of DG SANTE's reply
to your request registered under Ref No 2017/4988 (Notification of iFuse
products under Directive 2014/40/EU), is currently being handled.
Unfortunately, due to ongoing consultations, we are not in a position to
reply to your confirmatory request within the prescribed time limit that
expires on 11 October 2017.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation 1049/2001. The new deadline
expires on 3 November 2017.

 

I also note that, in your email of 10 September 2017, you do not request
the review of DG SANTE's reply to your request registered under Ref No
2017/4745 (iQOS notifications under Directive 2014/40/EU). Consequently,
we consider that the corresponding part of DG SANTE's initial reply falls
outside the scope of the confirmatory application you submitted. In light
of this, case 2017/4745 will be closed.

 

Yours sincerely,

 

 

Martine Fouwels

Deputy Head of Unit

[6]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

References

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3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

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Health and Food Safety


Attachment image001.png
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Attachment BECKETT 2017 4988 hr2 EN draft.pdf
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Dear Mr Beckett,

Please find attached a letter concerning your application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2017/4988.

Yours sincerely,

 

ACCESS TO DOCUMENTS TEAM (LC)

 

European Commission

Secretariat-General

SG B.4 – Transparency

[1][email address]

 

 

References

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1. mailto:[email address]

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Health and Food Safety


Attachment image001.gif
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Attachment 2017 4988 C 2017 7723 F1 DECISION LETTER EN V2 P1 955006.pdf
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Dear Sir,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2017/4988, adopted on 14/11/2017 in the above-mentioned
case.

 

Please note that the Secretariat General of the European Commission will
proceed with the formal notification of the decision in the coming days.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours sincerely,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

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