We don't know whether the most recent response to this request contains information or not – if you are Christine Gibson please sign in and let everyone know.

Who is responsible for protecting Northern Ireland's Environment now and in the future?

We're waiting for Christine Gibson to read a recent response and update the status.

Christine Gibson

Dear Environment,

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:

1) Given that Scotland enjoy the services of an independent EPA namely SEPA, that England and Wales enjoy the services equally from the Environment Agency and Ireland enjoys the benefits of services from two EPAs (one specifically for Radiation), can you confirm who you believe is undertaking this vital independent role in Northern Ireland?

2) Given that Scotland enjoys the benefits of Marine Scotland in protecting its seas and that England and Wales is afforded the same provision by the Marine Management Organisation, can you confirm who you believe is responsible for the protection of the seas pertaining to Northern Ireland out to 12 nautical miles?

3) How does your Department ensure that your aim of protecting the European environment now and into the future is inclusive when Northern Ireland is already vulnerable and being discriminated against in the UK by a lesser and/or non-existent effective legal and regional protection system?

4) In the absence of these two critical services in Northern Ireland, what mechanism exists to ensure that this rectified and that the people and the environment of Northern Ireland are treated as equal to the rest of the UK and indeed the majority of countries across the EU (the only exception being Greece)?

I look forward to your response in due course.

Yours faithfully,

Christine Gibson

Environment

4 Attachments

Dear Mrs Gibson,

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,

 

DG ENVIRONMENT

ACCESS TO DOCUMENTS TEAM

 
[2]cid:image001.gif@01D0EB13.FFE86270
European Commission
DG Environment
Directorate E-Implementation & Support to Member States

Unit E4 - Compliance & Better Regulation

B-1049 Brussels/Belgium

 

Website: [3]http://ec.europa.eu/environment

Follow us on:
[4]cid:image001.jpg@01D2723E.68BD2210 [5]cid:image002.jpg@01D2723E.68BD2210 [6]cid:image003.png@01D2723E.68BD2210

 

 

 

 

show quoted sections

Christine Gibson

Dear Environment,
Could you please provide a means of asking this question on line in public without compromising my capacity to keep my personal information private.
The form you provide only provides means to ask for specific documents. My request is for information, not specific documents.

Can you please advise how my personal information is protected if i share it on this site in a response to your request for my full address?

Yours faithfully,

Christine Gibson

Environment

Dear Mrs Gibson,

Indeed, on 1 April 2014, the submission of a postal address became a mandatory feature for the purpose of introducing a request for access to documents.

The decision to ask for a postal address from applicants for access to documents was triggered by the following considerations:

• The need to obtain legal certainty as regards the date of receipt of the reply by the applicant under Regulation 1049/2001. 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;

• The need to direct the Commission's scarce resources first of all to those requests which have been filed by "real" applicants. With only a compulsory indication of an e-mail address, applicants can easily introduce requests under an invented identity or under the identity of a third person. Asking for a postal address helps the Commission to protect the administration, as well as other citizens and legal persons, from abuse;

• For similar reasons, asking for a compulsory indication of a postal address enables the Commission services to verify whether Article 6(3) of the Regulation, on voluminous requests, is being evaded by introducing several requests under different identities. Indeed, in its Ryanair judgment, the General Court confirmed that Article 6(3) cannot be evaded by splitting the application into a number of applications. The Commission would like to point out that, in 2012/2013, it received some 57 confirmatory requests from what it suspects to be one single applicant operating under 13 different identities;

• Knowing whether the applicant is an EU resident in the sense of Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of correctly applying the exception in Article 4(1)(b) of Regulation 1049/2001 (protection of the privacy and integrity of the individual), which has to be interpreted in accordance with Data Protection Regulation (EU) 2018/1725.

All of these considerations show that the request for and the consequent processing of a real and personal postal address is not only appropriate but also strictly necessary for the performance of a task carried out in the public interest within Data Protection Regulation (EU) 2018/1725 namely providing a smooth and effective access to documents.

DG ENV ACCESS TO DOCUMENTS TEAM may understand that you do not intend that a personal data related to you (postal address) is made available to general public through the site AsktheEU. Therefore, you can provide your address directly to us by mail ([DG ENV request email]). Your reply will be known only by our service and will appear in the Commission database GESTDEM where all applications (and replies) are stocked. GESTDEM database can be consulted only by the staff of the Commission having a valid reason for access to the database. You can also decide to submit your request through a specific application available in http://ec.europa.eu/transparency/regdoc/...

We agree on the fact that you are not looking for a document or an environmental information but you asked for the opinion of DG ENV on your questions.

Please inform us how you intend to proceed. Without a valid postal address your application will not be handled.

Best regards,
DG ENV ACCESS TO DOCUMENTS TEAM

show quoted sections

Christine Gibson

Dear Environment,

As per advice, I have sent you my address details on your DG Environment contact form and to your email address [email address].

Please confirm that you may proceed to respond to this email as a matter of course and in adherence to relevant legislation.

Thanking you in advance.

Yours faithfully,

Christine Gibson

DODARO Angela(ENV), Environment

1 Attachment

Please find attached document Ares(2019)4909526 from SPEIGHT Paul (ENV.E.3) dated 26/07/2019.

Veuillez trouver ci-joint le document Ares(2019)4909526 de SPEIGHT Paul (ENV.E.3) daté du 26/07/2019.

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 'Who is responsible for protecting Northern Ireland's Environment now and in the future?'.

I am requesting an internal review of your response to me that generally signposted me to DAERA as the "responsible" authority to protect our environment. The reason why I am asking for an internal review is that DAERA do not carry out assessments as you have inferred nor do they take responsibility of rectifying and/or preventing environmental destructive activities as an EPA or MMO would have done.

Please also read the latest UK Nature Report 2019 https://www.bto.org/our-science/publicat... where it states that information on Northern Ireland does not exists for biodiversity nor on water quality nor air quality (other than high levels of nitrates and ammonia).
""Of the 2,450 species found in Northern Ireland that have been assessed using the IUCN Regional Red List criteria, and for which sufficient data were available, 272 (11%) are currently threatened with extinction from Ireland as a whole (Northern Ireland- specific assessments are
not available)." (NI Summary and UK main report)

I believe that you have been misguided that DAERA that provide the same protection levels as the rest of the UK who are afforded an EPA and an MMO and who obviously have better recording data available for such critical reports, without which no critical alerts or remedies would be actioned.

As Brexit is looming even closer, it is evident that our laws have not been adopted from EU law to provide effective environmental protection. Please therefore, respond to my question in light of this serious matter and specifically where the EU believes it is ultimately responsible for this small province where one of its member states have failed to comply with EU Directives in not reporting accurately on NI environmental matters.

Therefore I request an internal review of this question and look forward to hearing from you in due course.

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

Yours faithfully,

Christine Gibson

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 'Who is responsible for protecting Northern Ireland's Environment now and in the future?'.

I am requesting an internal review of your response to me that generally signposted me to DAERA as the "responsible" authority to protect our environment. The reason why I am asking for an internal review is that DAERA do not carry out assessments as you have inferred nor do they take responsibility of rectifying and/or preventing environmental destructive activities as an EPA or MMO would have done.

Please also read the latest UK Nature Report 2019 https://www.bto.org/our-science/publicat... where it states that information on Northern Ireland does not exists for biodiversity nor on water quality nor air quality (other than high levels of nitrates and ammonia).

You have assumed that DAERA that provide the same protection levels as the rest of the UK who are afforded an EPA and an MMO.

As Brexit is looming even closer, it is evident that our laws have not been adopted from EU law to provide effective environmental protection. Please therefore, respond to my question in light of this serious matter and specifically where the EU believes it is ultimately responsible for this small province where one of its member states have failed to comply with EU Directives in not reporting accurately on NI environmental matters.

Therefore I request an internal review of this question and look forward to hearing from you in due course.

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

Yours faithfully,

Christine Gibson

POREYE Veronique(ENV), Environment

1 Attachment

Please find attached document Ares(2019)6429859 from SPEIGHT Paul (ENV.E.3) dated 17/10/2019.

We don't know whether the most recent response to this request contains information or not – if you are Christine Gibson please sign in and let everyone know.