Dear European Chemicals Agency,

Under the right of access to documents in the EU Treaties, set out in Regulation 1049/2001, and in the mark of the PIC Regulation and the chemicals listed in Annex I in such regulation, I request documents containing this information:

The detailed list of all the PIC export notifications regarding Tunisia, Algeria and Morocco as country of destination since 2019.

As mentioned in the PIC regulation, I request to have in the dataset : the identity of the substance, mixture or article to be exported, the country of origin, country of destination (Algeria, Morocco, Tunisia), expected date of first yearly export, estimated amount to be exported, intended use in the country of destination, name and address of exporter and importer from 01/01/2019 to 01/03/2021 or at least the data you have up to date.

In the event that the information is not found as I am requesting it, I request that it be given to me as it appears in the public registers, in order to avoid any previous reworking action.

I would be grateful if you could send me the information requested in accessible format (file .csv, .txt, .xls or xlsx). I would also like to remind you that you have a period of 15 days in which to send this information.

Please accept, Mr./Madam, the assurance of my best regards,

ECHA ATD, Agencia Europea de Sustancias y Preparados Químicos

Dear Ms Toulemonde,

 

Thank you for your below message dated 12 April 2021.

 

We hereby acknowledge receipt of your application for access to documents
under Regulation (EC) No 1049/2001, which has been registered on 14 April
2021 under reference ATD/022/2021.

 

Best regards,

 

Access to documents team

European Chemicals Agency

 

This e-mail, including any files, is intended for the use of the
individual to whom it is addressed. If you have received this message in
error, please notify the author as soon as possible and delete the
message.

 

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ECHA ATD, Agencia Europea de Sustancias y Preparados Químicos

Dear Ms Toulemonde,

 

We refer to your application for access to documents registered on 14
April 2021 under the above-mentioned reference number, in which you seek
access to some information contained in the PIC export notifications
regarding the importing countries Tunisia, Algeria and Morocco  from
01/01/2019 to 01/03/2021. 

 

Under Regulation (EU) No 649/2012 (the “PIC Regulation”) exporters based
in an EU Member State have to notify their intention to export certain
chemicals to a non-EU country at the latest 35 days before the first
export is due to take place in a given calendar year. A detailed
explanation on the export notification procedure under the PIC Regulation
can be found via the following link:
[1]https://echa.europa.eu/regulations/prior....

 

On ECHA’s website you can search information on the export notifications
by year, exporting EU member state, non-EU importing country, chemical
and/or mixture name, and type of product (i.e. substance, mixture or
article). A refined search is also possible by using multiple search
criteria. You can also export your search results in XML or CSV formats,
in case you wish to further work them. You can find the available
information via the following link:
[2]https://echa.europa.eu/information-on-ch....

 

In accordance with Article 6(2) of Regulation (EC) No 1049/2001 (the “ATD
Regulation”), we would kindly ask you to clarify the scope of your
request, and in particular whether the time frame indicated by you (i.e. a
general reference to the period 01/01/2019 to 01/03/2021) would
concern (i) the expected date of the first export indicated by the
exporter in the notifications or (ii) the period in which the export
notifications were submitted to/processed by ECHA.

 

In this respect, we would also like to anticipate that your application
concerns a very long timeframe and a very large number of documents
originating from third parties which need to be assessed individually.

 

For example, based on our preliminary assessment, the number of export
notifications that would fall under option (i) above is approximately
1300, originating from ca. 170 third parties. As regards option (ii) an
additional research would need to be conducted on ECHA’s database to
assess the volume of documents and third parties concerned. Therefore,
your clarification is needed to process your request.  

 

ECHA is committed to treat requests under the ATD Regulation within the
shortest timeframe possible. However, the analysis of the documents
requested by you,
together with the need to consult the third parties concerned
in accordance with Article 4(4) of the ATD Regulation, 
cannot be expected to be completed within the normal time limits set out
in Article 7 of that Regulation.  

 

Article 6(3) of the ATD Regulation provides that in the event of an
application relating to a very long document or to very large number of
documents, the institution concerned may confer with the applicant
informally, with a view to finding a fair solution.

 

On this basis, we would kindly ask you to provide us elements allowing us
to clarify and narrow down the scope of your request, for example by
specifically listing the PIC chemicals of your interest and by limiting
the timeframe covered, so as to reduce it to a manageable amount of
documents.  

 

As set out in the Management Board decision on the implementation of the
ATD Regulation in ECHA ([3]MB/12/2008 final), the deadline for replying to
your request will run from the time we have received your clarification.
We would appreciate receiving your clarification by Wednesday 29 April
2021. If you do not contact us within this timeframe your request will be
considered as closed and it will not be further processed.

 

In order to facilitate an agreement on a fair solution within the meaning
of Article 6(3) of the ATD Regulation, we are available to discuss the
scope of your request via a phone-conference.  If you agree, please
provide your contact details in order to arrange the technicalities.

 

Thanks in advance for your cooperation.

 

Access to documents team

European Chemicals Agency

 

This e-mail, including any files, is intended for the use of the
individual to whom it is addressed. If you have received this message in
error, please notify the author as soon as possible and delete the message

 

References

Visible links
1. https://echa.europa.eu/regulations/prior...
2. https://echa.europa.eu/information-on-ch...
3. https://echa.europa.eu/documents/10162/1...

Dear ECHA, Dear ATD

Thank you very much for your precise answer,

To facilitate your work and the time required to send the documents, I propose to restrict my request on 2 points:
- On the date: from 01/01/2020 to 30/12/20 to have the whole year 2020.
- On the substances: to choose only the pesticides banned in Annex I (which makes 131 substances instead of 242)

Concerning the precision (i) or (ii), I propose to choose the solution (ii) the period in which the export notifications were submitted to/processed by ECHA.

On the other hand, not knowing precisely how your data are constituted and organized (I thought they were already gathered in the same database) if the solution (i) is easier and faster for you, we can choose it ! In this case thank you for specifying it to me and we will do according to solution (i).

I understand that the work might need more thant regular frame, but considering that I have restricted the scope of my request, could you give me a rough estimate of when I might receive the data?

My specified request would be as follows:

Under the right of access to documents in the EU Treaties, set out in Regulation 1049/2001, and in the mark of the PIC Regulation and the chemicals listed in Annex I in such regulation, I request documents containing this information:

The detailed list of all the pesticides banned PIC export notifications regarding Tunisia, Algeria and Morocco as country of destination in 2020.

As mentioned in the PIC regulation, I request to have in the dataset : the identity of the substance or article to be exported, the country of origin, country of destination (Algeria, Morocco, Tunisia), expected date of first yearly export, estimated amount to be exported, intended use in the country of destination, name and address of exporter and importer from 01/01/2020 to 31/12/2020.

In the event that the information is not found as I am requesting it, I request that it be given to me as it appears in the public registers, in order to avoid any previous reworking action.

Please accept, Mr./Madam, the assurance of my best regards,

Marie Toulemonde

ECHA ATD, Agencia Europea de Sustancias y Preparados Químicos

Dear Ms Toulemonde,

Thank you for your message.

Based on your feedback, we reiterate our proposal to set-up a teleconference which would facilitate our discussion on the scope of the request with a view to find a fair solution in accordance with Article 6(3) of the ATD Regulation.

The teleconference could also be held in French, should you prefer so.

We could propose the following time slots:

• Wednesday 28 April, 10.00 Helsinki time (EET)
• Wednesday 28 April, 11.30 EET
• Thursday 29 April, 9.30 EET
• Thursday 29 April, 14.00 EET
• Friday 30 April, 13.00 EET
• Friday 30 April, 14.00 EET

To that end, you are kindly invited to confirm your availability for one of the indicated timeslots, and, if so, to provide your contact details with a separate communication to this email address.

Thank you in advance for your cooperation.

Best regards,

Access to documents team
European Chemicals Agency

This e-mail, including any files, is intended for the use of the individual to whom it is addressed. If you have received this message in error, please notify the author as soon as possible and delete the message

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Dear ECHA,

Fine, I'm available on Friday 30 April, 14.00 EET. French would be better ! If it's to complicated English will be also good.

I don't know how to reach you otherwise than here so I sent an email to the press room address ...

My adress email is : [email address],

Yours sincerely,

Marie Toulemonde