Minutes and documents on staff meetings with organisations

La solicitud fue parcialmente exitosa.

Dear Mobility & Transport,

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:

The minutes and supporting documents (reports, presentations, etc.) of the meetings:
1. Between the European association for forwarding, transport, logistic and Customs services (CLECAT) and Director-General Henrik Hololei on 4 May 2016
2. Between the European association for forwarding, transport, logistic and Customs services (CLECAT) and Desiree Oen on 12 May 2015
3. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Director-General Henrik Hololei on 17 May 2016
4. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Director-General Henrik Hololei on 2 March 2016
5. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Jocelyn Fajardo on 17 July 2015
6. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Commissioner Violeta Bulc on 17 July 2015
7. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Desiree Oen on 19 May 2015
8. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Jocelyn Fajardo on 3 December 2014

A copy of the speech given by Commissioner Violeta Bulc at the International Road Transport Union Permanent Delegation to the EU (IRU) Spring Cocktail on 4 March 2015.

Thank you.

Yours faithfully,

Bryan Carter
Freelance journalist

Movilidad y Transportes

Dear Mr. Carter,

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:
http://ec.europa.eu/transparency/regdoc/....

Best regards,

Nefeli Filos
 

European Commission
Directorate-General for Mobility and Transport (MOVE)
Unit A4: Legal Issues & Enforcement

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Dear Mobility and Transport,

My apologies for not including my postal address. Please find it here under my signature.

Yours faithfully,

Bryan Carter
[postal address]
[postal address]
[postal address]

Movilidad y Transportes

Dear Sir,

Thank you for your e-mail dated 05/01/2017. We hereby acknowledge receipt of your application for access to documents, which was registered on 06/01/2017 under reference number GestDem 2017/0097.

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 27/01/2017. 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,

Nefeli Filos
 

European Commission
Directorate-General for Mobility and Transport (MOVE)
Unit A4: Legal Issues & Enforcement

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Movilidad y Transportes

1 Adjuntos

Subject:        Your application for access to documents – Ref GestDem No
2017/0097
 
Dear Mr Carter,
 
We refer to your e-mail dated 05/01/2017 in which you make a request for
access to documents, registered on 05/01/2017 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 27/01/2017.
 
An extended time limit is needed as your application the application
concerns documents held by different Services which must be consulted.
 
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 17/02/2017.
We apologise for this delay and for any inconvenience this may cause.
 
Yours faithfully,
Eddy Liegeois
 
 
European Commission
Directorate-General for Mobility & Transport
Head of Road Transport Unit
DM28 04/64
B-1049 Brussels/[postal address]
+32 2 2951839
 
 
 
 

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Movilidad y Transportes

2 Adjuntos

Dear Mr Carter,

Please find attached a letter in reply to your e-mail dated 05/01/2017 in
which you make a request for access to documents registered under Ref
GestDem No 2017/0099.

With kind regards,

Monalisa Garagau
Secretary to the Head of Unit
 
[1]cid:image001.gif@01CD43FC.CC874890

European Commission
Directorate-General for Mobility and Transport
Unit D1: Maritime Transport and Logistics

 

DM28 3/110

Rue de Mot 28

B-1049 Brussels/[postal address]
Tel.: +32 2 298 78 61

[2][email address]

 

References

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2. mailto:[email address]

Dear Mobility and Transport,

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 'Minutes and documents on staff meetings with organisations'.

Here is what I asked for:
The minutes and supporting documents (reports, presentations, etc.) of the meetings:
1. Between the European association for forwarding, transport, logistic and Customs services (CLECAT) and Director-General Henrik Hololei on 4 May 2016
2. Between the European association for forwarding, transport, logistic and Customs services (CLECAT) and Desiree Oen on 12 May 2015
3. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Director-General Henrik Hololei on 17 May 2016
4. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Director-General Henrik Hololei on 2 March 2016
5. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Jocelyn Fajardo on 17 July 2015
6. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Commissioner Violeta Bulc on 17 July 2015
7. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Desiree Oen on 19 May 2015
8. Between the International Road Transport Union Permanent Delegation to the EU (IRU) and Jocelyn Fajardo on 3 December 2014

In a letter dated 7 February, M. Henrik Hololei writes that "no documents were found that would correspond to number 4 and 8 of your application." Can you please check again?

For number 1, 2, 3, 6 and 7, M. Hololei says my application cannot be granted under the exception to the right of access laid down in Article 4 of Regulation 1049/2001, for it would "would undermine the commercial interests of CLECAT and IRU.

However, CLECAT and IRU are both officially registered in the transparency register as non-profit organisations. Therefore, how could the disclosure of the documents "undermine the protection of commercial interests of CLECAT and IRU", as you write in your letter, since these two organisations have no commercial interest of their own? Please explain.

As you know, the European Court of Justice has already ruled (as in Joined Cases C 39/05 P and C 52/05 P Sweden and Turco v Council [2008]) that the institutions need to be more specific when using the exceptions of article 4 and give clear details as to how the disclosure of documents would “specifically” and “effectively” undermine interests. I would therefore ask you to be more specific in your answer.

Furthermore, there is clear overriding public interest in disclosing the documents, and failure to do so could only reinforce the suspicion around the Commission's decision-making process and independence towards lobby groups. CLECAT and IRU are both heavyweights in the Brussels decision-making process, and their meeting with DG MOVE come at a time of important reforms in the transport market of Europe. It is important for the public to understand what these employers organisation have to share with the DG overseeing these changes, and whether or not the reforms are independent from any other interest than the European public interest. I trust that the commission understands the necessity of transparency on matters that directly concern workers and citizens in Europe.

Yours faithfully,

Bryan Carter

Movilidad y Transportes

1 Adjuntos

Dear Mr Carter,

 

Thank you for your email dated 08/02/2017, 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
MOVE in reply to your initial application GestDem 2017/97.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 08/02/2017  (Ares(2017)701058).

 

Your application will be handled within 15 working days (01/03/2017). 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 [1][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.

 

Best regards,

 

ACCESS TO DOCUMENTS TEAM

[2]ec logo
European Commission
Secretariat General
Unit SG.B4 – Transparency

 

 

 

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Movilidad y Transportes

2 Adjuntos

Dear  Mr Carter,

 

Please find attached a letter concerning your confirmatory applications
for access to documents under Regulation (EC) No 1049/2001 - GESTDEM
2017/097

 

Yours sincerely,

 

TEAM ACCESS DOCUMENTS
[1]cid:image001.gif@01D10B5D.0CD08030
European Commission
Secretariat General

Unit B4 - Transparency

 

 

References

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Movilidad y Transportes

8 Adjuntos

Dear Mr Carter,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
GestDem number 2017/97, adopted on 20/03/2017 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.

 

Best regards,

 

Bernadett BERCZELI

 

European Commission

Secretariat General

B4 - Transparency