Organic farming regulation

Peter made this access to documents request to Agriculture and Rural Development

The request was partially successful.

From: Peter

Delivered

Dear DG Agriculture and Rural Development,

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 documents - including but not limited to e-mails, minutes and 4-column tables - related to the trilogue meetings between the Parliament and the Council on the organic farming regulation

All the best,

Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

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Agriculture and Rural Development

Dear Sir,

Thank you for your e-mail dated 01/11/2017. We hereby acknowledge receipt of your application for access to documents, which was registered on 03/11/2017 under reference number GestDem 2017/6695.

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 24/11/2017. 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,

Access to documents team
European Commission
DG Agriculture and Rural Development
Unit I.3
L130 7/96
B-1049 Brussels/Belgium

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Agriculture and Rural Development

Dear Sir,

We refer to your e-mail dated 01/11/2017 in which you make a request for access to documents, registered on 03/11/2017 under the above mentioned reference number.

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 today.

An extended time limit is needed as your application concerns a large number of documents.

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 15/12/2017.

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

Yours faithfully,

Access to documents team
European Commission
DG Agriculture and Rural Development
Unit I.3
L130 7/96
B-1049 Brussels/Belgium

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From: Peter

Delivered

Dear Madam, Sir,

The legal deadline to respond to my request, registered on 03/11/2017 under reference number GestDem 2017/6695, has passed. Please provide a response without delay.

All the best,
Peter Teffer

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Agriculture and Rural Development


Attachment Access to documents request Applicant Teffer No Gestdem 2017 6695 Extension of the deadline.txt
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Dear Sir,

Please find attached the e-mail of the extension of the deadline that was sent to you on 24/11/2017.

Kind regards,

Access to documents team
European Commission
DG Agriculture and Rural Development
Unit I.3
L130 7/96
B-1049 Brussels/Belgium

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Agriculture and Rural Development

Dear Sir,

Further to our e-mail of 24/11/2017, for the extension of the deadline which expires today, we would like to inform you that your application is currently being handled but we need a few more days in order to complete its handling.

I can assure you that we are doing our best to finalize our response and you will receive it within the coming days.

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

Yours faithfully,

Access to documents team
European Commission
DG Agriculture and Rural Development
Unit I.3
L130 7/96
B-1049 Brussels/Belgium

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From: EC ARES NOREPLY


Attachment TABLE WITH LIST OF DOCUMENTS IDENTIFIED BY THE UNIT rev.pdf
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Attachment 4Column first trilogue 2.pdf
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Attachment COM political declaration on seeds 88.pdf
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Attachment Partially negative reply to Mr.Teffer EU observer transmission letter EN.pdf
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Attachment Tableau 3 colonnes organic 1.pdf
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Please find attached document Ares(2017)6233736 regarding "Access to doc. request - Partially negative reply to Mr. Teffer - - No Gestdem 2017/6695" sent by Mr PLEWA Jerzy Bogdan on 19/12/2017.

-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender PLEWA Jerzy Bogdan (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir PLEWA Jerzy Bogdan (mailto:[email address]).

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From: Peter

Delivered

Dear Madam, Sir,

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 'Organic farming regulation', which was registered on 03/11/2017 under reference number GestDem 2017/6695.

In the Commission's reply dated 19/12/2017, Mr Jerzy Plewa writes that of the 88 documents that have been identified, only three could be made public (one had already been made public).

The reason given is that the proposed legislation has not yet been voted on in parliament and council.

“As long as the inter-institutional decision-making process has not been finalised, disclosure to the public of the preliminary views and the positions expressed in the trilogue meetings by the representatives from the Commission, the Council and the Parliament would entail a reasonably foreseeable and specific risk of putting the inter-institutional decision-making process under external pressure, thereby jeopardising the compromises reached.”

However, this stance poses considerable problems for European democracy. It would mean that the decision-making process would only become public after the proposed regulation has already been adopted.

If citizens, potentially via media, are not able to know the steps leading up to the final compromise text, they are not well-informed enough to tell their MEPs or national governments representing them in the Council whether they would like the legislative proposal to be supported. This could seriously undermine their potential to influence policy-making.

All the best,
Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium

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

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Agriculture and Rural Development

Dear Sir,

Thank you for your email dated 08/01/2018, 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 AGRI in reply to your initial application GESTDEM 2017/6695.

We hereby acknowledge receipt of your confirmatory application for access to documents which was registered on 08/01/2018 (Ares(2018)105533).

Your application will be handled within 15 working days (29/01/2018). 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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[5]Ares(2018)510698 - 1st Holding reply - TEFFER - GestDem 2017/6695

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.

Subject: Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 – GESTDEM 2017/6695

 

Dear Mr Teffer,

I refer to your email of 8 January 2018, 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[6]^[1] (‘Regulation 1049/2001’).

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements we need to carry out
a full analysis of your request in order to take a final decision and,
therefore, we are not in a position to reply to your confirmatory request
within the prescribed time limit expiring on 29 January 2018.

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 19 February 2018.

Yours sincerely,

Martine Fouwels

Deputy Head of Unit

 

[7]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

 

 

------------------------

[8][1]      Official Journal L 145 of 31.5.2001, p. 43.

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[5]Ares(2018)943937 - 2nd Holding reply - TEFFER - GestDem 2017/6695

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.

Subject:                 Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2017/6695

 

Dear Mr Teffer,

I refer to your email of 8 January 2018, registered on the same date, in
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[6]^[1] ('Regulation
1049/2001').

I also refer to our holding reply of 29 January 2018, by which the time
limit for replying to your confirmatory application was extended by 15
working days, pursuant to Article 8(2) of the Regulation. This extended
time limit expires on 19 February 2018.

I regret to have to inform you that we will not be able to respond within
the extended time-limit, as we have not yet finalised internal
consultations. I can assure you that we are doing our utmost to provide
you with a final reply as soon as possible.

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

Yours sincerely,

Martin Kröger

Head of Unit

[7]Flag

European Commission

Secretariat-General

Unit B4 (Transparency)

 

 

------------------------

[8][1]      Official Journal L 145 of 31.5.2001, p. 43.

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From: Peter

Failed

Dear Mr Kröger,

Thank you for your message dated 19 February about my confirmatory application which was registered on 08/01/2018 (Ares(2018)105533), in which you inform me of the need to extend the already extended period to reply.

I have no doubt that you, as you are saying, are doing your utmost to provide me with a final reply as soon as possible – and of course accept your apology as sincere.

However, I would appreciate it if I received more information as to why more time is needed.

An extended deadline, as far as I understand the Regulation, is already exceptional:

“In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given”

From this follows that missing the extended deadline would only arise in circumstances that are even more exceptional than exceptional cases, as well as be substantiated by detailed reasons.

In my humble opinion, the justification of the Commission 'not yet having finalised internal consultations' does not qualify as 'detailed reasons'. I would appreciate if you could elaborate and explain why the exceptionally long period to respond to my confirmatory application is needed.

Looking forward to a response to the above,
All the best,
Peter Teffer

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From: Peter

Delivered

Dear Mr Kröger,

Thank you for your message dated 19 February about my confirmatory application which was registered on 08/01/2018 (Ares(2018)105533), in which you inform me of the need to extend the already extended period to reply. A previous version of this e-mail failed to reach you, so I try again.

I have no doubt that you, as you are saying, are doing your utmost to provide me with a final reply as soon as possible – and of course accept your apology as sincere.

However, I would appreciate it if I received more information as to why more time is needed.

An extended deadline, as far as I understand the Regulation, is already exceptional:

“In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given”

From this follows that missing the extended deadline would only arise in circumstances that are even more exceptional than exceptional cases, as well as be substantiated by detailed reasons.

In my humble opinion, the justification of the Commission 'not yet having finalised internal consultations' does not qualify as 'detailed reasons'. I would appreciate if you could elaborate and explain why the exceptionally long period to respond to my confirmatory application is needed.

Looking forward to a response to the above,
All the best,
Peter Teffer

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From: EC ARES NOREPLY

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[5]Ares(2018)1045979 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - Gestdem 2017/6695

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 Teffer,

 

Further to your email below, I would like to clarify the detailed reasons
for the delay pertaining to the handling of your confirmatory application.

 

As stated in our email of 19 February 2018, we have not yet finalised
internal consultations in relation to your confirmatory application. This
is due to the following reasons.

 

Your request concerns not only a very large number of documents (namely
84), but also very voluminous ones. As explained in the initial reply of
19 December 2017 sent by the Directorate-General for Agriculture and Rural
Development (DG AGRI), some of the documents are 600 pages long.

 

The 50 fully refused documents (consisting of agendas and non-papers) and
the refused parts of the 34 four column tables (namely their fourth
column) must be assessed under the exception of Article 4(3), first
subparagraph of Regulation 1049/2001.

 

Such assessment is quite complex as:

 

- the issue of the public disclosure of trilogue-related documents
concerns all three Institutions which must adopt a consistent position;

- the transparency of Trilogues has already been the subject of an
Ombudsman decision following her strategic inquiry OI/8/2015/JAS; and

- it is at the core of a pending Court case, namely the De Capitani v
European Parliament case (registered under Reference T-540/15).

 

Against this background, we had to inform you on 19 February 2018 that we
would not be able to respond within the extended time-limit provided for
the handling of your confirmatory application.

 

I would like hereby to reassure you that we are doing our utmost to
provide you with a final reply as soon as possible.

 

I sincerely regret the additional delay and apologise for any
inconvenience this may cause. I thank you very much in advance for your
kind understanding.

 

Martin Kröger

Head of Unit

[6]Flag

European Commission

Secretariat-General

Unit B4 (Transparency)

 

 

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Attachment 12 C 2018 1909 0 ANNEX EN V1 P1 971496.PDF.pdf
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Attachment 2 C 2018 1909 0 ANNEX EN V1 P1 971485.PDF.pdf
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Attachment 3 C 2018 1909 0 ANNEX EN V1 P1 971486.PDF.pdf
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Attachment 17 C 2018 1909 0 ANNEX EN V1 P1 971500.pdf
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Attachment 4 C 2018 1909 0 ANNEX EN V1 P1 971487.PDF.pdf
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Attachment 18 C 2018 1909 0 ANNEX EN V1 P1 971501.PDF.pdf
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Attachment 15 C 2018 1909 0 ANNEX EN V1 P1 971498.PDF.pdf
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Attachment 16 C 2018 1909 0 ANNEX EN V1 P1 971499.PDF.pdf
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Attachment 13 C 2018 1909 0 ANNEX EN V1 P1 971495.PDF.pdf
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Attachment C 2018 1909 F1 DECISION LETTER EN V2 P1 971481.pdf
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Attachment 14 C 2018 1909 0 ANNEX EN V1 P1 971497.PDF.pdf
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Attachment 1 C 2018 1909 0 ANNEX EN V1 P1 971484.PDF.pdf
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Attachment 5 C 2018 1909 0 ANNEX EN V1 P1 971488.PDF.pdf
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Attachment 11 C 2018 1909 0 ANNEX EN V1 P1 971494.PDF.pdf
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Attachment 10 C 2018 1909 0 ANNEX EN V1 P1 971493.PDF.pdf
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Attachment 7 C 2018 1909 0 ANNEX EN V1 P1 971490.PDF.pdf
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Attachment 6 C 2018 1909 0 ANNEX EN V1 P1 971489.pdf
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Attachment 9 C 2018 1909 0 ANNEX EN V1 P1 971492.PDF.pdf
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Attachment 8 C 2018 1909 0 ANNEX EN V1 P1 971491.PDF.pdf
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[5]Ares(2018)1595079 - Confirmatory decision taken on your request for
access to documents registered under Gestdem number 2017/6695

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 Sir,

 

Please find attached an advance copy of the confirmatory decision taken on
your request for access to documents registered under Gestdem number
2017/6695 adopted on 22/03/2018.

 

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 faithfully,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D3BD42.20769590

European Commission

Secretariat-General

SG B.4 – Transparency

[7][email address]

 

 

References

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From: Peter

Failed

Dear Madam, Sir,

Thanks for the partial disclosure of the documents.

Please note that on the day you sent your reply, the General Court arrived at its judgement in the De Capitani v European Parliament case. The Court has said that trilogue documents must in principle be available for those who request them, in line with my arguments for disclosing the documents related to this particular legislative file.

I therefore urge you to reconsider your reply in light of the General Court ruling of 22 March 2018.
All the best
Peter

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