“Limits for contaminants in fertilizers (Commission Proposal COM/2016/157).”

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Dear Legal Service,

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:

“Dear Sir/Madam,
Under the right of access to documents in the EU Treaties, as developed in Regulation 1049/2001, I hereby request access to the following documents, related to the Proposal of the European Commission for a regulation of the European Parliament and of the Council laying down rules on the making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (hereafter: the “Proposal”) and more specifically related to the topic of limits for contaminants in fertilizers, or at which such limits were discussed:
(a)
Any document related to meetings or other communications,
such as, but not limited to 1) meeting requests, 2) list of participants and parties on whose behalf such meetings were requested or whose interests were represented, 3) any materials submitted before, during or after such meetings, 4) any correspondence related to such meetings or to topics discussed or to be discussed at such meetings, 5) any follow-up documents, such as minutes, conclusions or summaries generated after such meetings,
with private parties (including third parties), their representatives, associations, or other collective bodies,
held or requested or received between 1 January 2012 and 17 March 2016,
of which the topic was, or turned out to be, limits for contaminants in fertilizers, or at which such limits were discussed;
(b)
Any document related to meetings or other communications,
such as, but not limited to 1) meeting requests, 2) list of participants and parties on whose behalf such meetings were requested or whose interests were represented, 3) any materials submitted before, during or after such meetings, 4) any correspondence related to such meetings or to topics discussed or to be discussed at such meetings, 5) any follow-up documents, such as minutes, conclusions or summaries generated after such meetings,
with private parties (including third parties), their representatives, associations, or other collective bodies,
held or requested or received between 17 March 2016 and the date of the submission of this request,
of which the topic was, or turned out to be, limits for contaminants in fertilizers, or at which such limits were discussed;
(c)
Any document, including, but not limited to, 1) internal correspondence of EC officials, as well as with outside parties, relating to limits to be proposed, 2) documents showing why specific numbers (and not other numbers) were proposed and chosen as limits for specific contaminants in the Proposal, 3) different drafts of Proposal related to contaminants and Annex I prior to its finalization, 4) your version of the Proposal, 5) your input during the inter-service consultations on the Proposal with respect to contaminant limits, 6) any opinions of lawyers relevant to contaminant limits,
held or requested or received between 1 January 2012 and the date of the submission of this request,
related to the adoption of the Proposal in the part relevant to limits on contaminants in fertilizers.

I would prefer you to produce the documents on a rolling basis. At no point should the Commission’s search for — or deliberations concerning — certain documents delay the production of others that the Commission has already in its possession and has elected to produce.
To the extent possible, I would prefer to receive the documents in machine-readable electronic format.
Should my request be denied completely or partially, please explain the denial or all deletions referring to specific exemptions in the regulation. Also, I expect the partial release of documents, in case of partial exemption according to article 4.6. of the regulation. I reserve the right to appeal.
Please confirm having received this application. I look forward to your reply within 15 working days, according to the regulation.
My address is: Kannikese tänav 10-20, Saku, Harju maakond, 75501, Estonia

Yours faithfully,

Mihkel Poola

Servicio Jurídico

1 Adjuntos

Dear Mr Poola,

 

We refer to your e-mails dated 14/09/2017 and 18/09/2017 in which you make
a request for access to documents, registered on 19/09/2017 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 on 10/10/2017.

 

An extended time limit is needed as your application concerns a large
number of documents and in order to retrieve the documents requested,
large files have to be examined. Please note that we are doing our utmost
to identify all the documents covered by the scope of your request.
However, If there are any specific aspects of particular importance for
you (e.g. any particular contaminants or interlocutors), we invite you to
let us know, in order to make sure that we do not miss any documents of
interest for you.

 

Because of the large number of documents to be examined, 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 31/10/2017.

 

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

 

In the meantime, we would like to draw your attention to three
particularly interesting sources of information on this topic, which are
already public, or accessible to anyone following simple registration.

 

The first is a collaborative workspace recording, i.a., all the technical
discussions that took place in the Commission's Fertilisers Working Group
in 2012 which founded the basis for our proposed contaminant limit values.
It is available via the link
[1]https://circabc.europa.eu/w/browse/0e57b...
, but only subject to prior registration. If you wish to register and get
access to all the documents in the workspace, then please send us your
e-mail address so that we can register you.

 

The second is a publicly available collaborative workspace which you find
via this link:
[2]https://circabc.europa.eu/w/browse/b8e01...
.

 

The third is a study report of January 2012, which explains much of the
rationale for the limit values chosen, in particular giving an overview of
limit values applied nationally in the various EU Member States. You will
find the study and the Annexes here:
https://publications.europa.eu/en/public...
;
[3]https://www.google.be/url?sa=t&rct=j...
 .

 

You may also be interested to consult the feedback we received following
the publication of our proposal,
[4]http://ec.europa.eu/transparency/regdoc/...
, or the reactions received from national Parliaments,
[5]http://www.ipex.eu/IPEXL-WEB/search.do#_....

 

As you can see, all these databases contain large numbers of documents.
Should you wish assistance in navigating towards the parts which are most
relevant for the topic of your interest, we invite you to communicate a
telephone number on which we can contact you to seek to guide you orally.

 

Yours faithfully,

 

 

DG GROW – Access to documents team

 

[6]cid:479385507@17082012-2045

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG GROW/A1 – Communication, Access to Documents and Document Management

 

References

Visible links
1. https://circabc.europa.eu/w/browse/0e57b...
2. https://circabc.europa.eu/w/browse/b8e01...
3. https://www.google.be/url?sa=t&rct=j...
4. http://ec.europa.eu/transparency/regdoc/...
5. http://www.ipex.eu/IPEXL-WEB/search.do#_...