Ref. Ares(2019)7081902 - 15/11/2019
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
Directorate D - Natural Capital
ENV.D.1 - Land Use & Management
Brussels, 15/11/2019
WD/cc
Thomas Spekschoor
Wetstraat 155 box 92
1040 Brussel
Sent by e-mail to xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – Ref GestDem No 2019/5979
Dear Sir,
We refer to your request for access to documents dated 18/10/2019, registered on
22/10/2019 under the above-mentioned reference number.
Your request concerns
‘documents which contain the following information: all
communications between the Netherlands and the European Commission on nitrogene
emissions between 2009 and 2019.’
Your request concerning Natura 2000 areas, GestDem No 2019/5981, is being dealt with
by another service.
The handling of your request involves the assessment of a very large number of
documents originating partially from the Netherlands. The analysis of these documents,
together with the need to consult this Member State in accordance with Article 4(4) and
4(5) of Regulation (EC) No 1049/2001, cannot be expected to be completed within the
normal time limits set out in Article 7 of Regulation (EC) No 1049/2001.
However, Article 6(3) provides that in the event of an application relating to very large
number of documents, the institution concerned may confer with the applicant
informally, with a view to finding a fair solution.
In accordance with the case law of the EU Courts, such a solution can only concern the
content or the number of documents applied for, not the deadline for replying1. This
means that the scope of the request must be reduced in a way that would enable its
treatment within the extended deadline of 15 + 15 working days.
Based on the above-mentioned provision, we would kindly ask you to specify the
objective of your request and your specific interest in the documents requested2, and
whether you could narrow down the scope of your request (i.e. the subject matter(s) and
1 Judgment of the Court of Justice of 2 October 2014 in case C-127/13,
Guido Strack v
Commission, paragraphs 26-28.
2 Ibid, paragraph 28; Judgment of the General Court (then 'Court of First Instance') of 22 May 2012 in case
T-344/08,
EnBW Energie Baden-Württemberg v Commission, paragraph 105
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BU-5 5/188 - Tel. direct line +32 229-90441
timeframe covered), so as to reduce it to a more manageable amount of documents.
Please take note of the fact that a period between 2009 and 2019 implies such an
extensive search and subsequent activities that it already now appears extremely difficult,
even impossible, to carry out it in thirty working days. According to your answer, we will
take a position on your request.
In order to enable us to respect the time-limits of Regulation (EC) No 1049/2001, we
would ask you for a swift reply to our invitation to propose a fair solution, within eight
working days to:
xxxxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
(e-signed)
Claudia OLAZÁBAL
Head of Unit
2
Electronically signed on 15/11/2019 16:39 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563