Request for lobby documents & meetings

Adrian Burtin made this acceso a documentos request to Salud y Seguridad Alimentaria

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La solicitud fue parcialmente exitosa.

Dear Health and Food Safety,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I hereby request access to the following:

All documents, including (but not limited to) correspondence (emails and letters) between the DG SANTE and relevant companies/organisations (see below) as well as all documents including recordings, transcripts, minutes, notes, attendance lists with names of organisations, lobbyists and other participants, dates, background papers and meeting conclusions regarding meetings between the DG SANTE and said relevant companies/organisations, from January 1 2019 until June 6 2023.

Relevant companies/organisations include World Business Council for Sustainable Development, FoodDrinkEurope, Tropical Forest Alliance (TFA), European Vegetable Oil and Proteinmeal Industry (FEDIOL), Associação Brasileira das Indústrias de Óleos Vegetais (ABIOVE), The European Feed Manufacturers' Federation (FEFAC), Comité du Commerce des céréales, aliments du bétail, oléagineux, huile d'olive, huiles et graisses et agrofournitures (COCERAL), Comité des organisations professionnelles agricoles-Comité général de la coopération agricole de l'Union européenne (COPA-COGECA), Agri-food Chain Coalition (AFCC), Aceitera General Deheza S.A., Glencore, Bunge, Cargill, Dario Ruivo Lda.

If possible, I prefer you produce the documents on a rolling basis. At no point should the DG's search for (or deliberations concerning) certain documents delay the production of others that the DG has already retrieved and chosen to produce.

If some documents are partially exempted from publication, I wish to have access to a partial release of said documents.

I prefer to receive documents electronically.

Please contact me if any point of this request needs to be clarified,

Thank you for your help,

Adrian Burtin

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 07/06/2023 and registered on 09/06/2023 under case number 2023/3290.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that '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.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

Directorate-General for Health and Food Safety - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

Dear Health and Food Safety,

Thank you for your answer. My postal address is :
Adrian Burtin
Voxeurop SCE 35, rue Nationale 75013
Paris, France

Best regards,

Adrian Burtin

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 07/06/2023 and registered on 13/06/2023 under the case number
2023/3290.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 04/07/2023. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

Directorate-General for Health and Food Safety - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Clarification request EASE 2023 3290.pdf

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Dear Sir,

Please find enclosed the clarification request concerning the access to
documents request EASE 2023/3290.

Best regards,

SANTE ACCESS TO DOCUMENTS

Dear Health and Food Safety,

I hereby confirm receipt of your clarification request. I agree on reducing the scope of my application in order to make it more manageable. I suggest we reduce the timeframe of my application, which would go from 1/12/2022 to 31/05/2023. I'm open to counter offers from your part if this is not doable.

Best regards,

Adrian Burtin

Extended deadline letter.pdf

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Dear Sir,

We are writing to you concerning your request for access to documents
"EASE 2023/3290". We acknowledge that the time limit expires today, 7
August, and apologise in advance for the delay.

We would like to inform you that that your request is being handled.
Please be reassured that we are doing our utmost to provide you with the
required documents as soon as possible.

Thank you very much for your understanding.

Kind regards,

SANTE ACCESS TO DOCUMENTS

EASE 2023 3290 proposal fair solution.pdf

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Dear Sir,

Please find attached a correspondance related to your Access to Documents
request with reference EASE 2023/3290.

With kind regards,

SANTE ACCESS TO DOCUMENTS

Dear Health and Food Safety,

I hereby acknowledge your proposal for a fair solution regarding my request for documents.

In order for my claim to be processed in a timely manner, I agree that we may reduce the scope of my request to a period running from 1 December 2022 to 20 April 2023. The purpose of my application is to understand the interactions between the groups mentioned and DG Health in parallel with the debates on certain EU regulations.

I think your proposal to reduce the scope of my request to thirty documents is fair. My problem is that two policy areas are important to me: Food Hygiene, Feed and Fraud (16 documents) and Farm to Fork (31 documents). Would it be possible to receive all documents related to the first area (16 documents) and as many documents as possible related to the second area while staying at a maximum of 30 documents? Also, I'd like to highlight that any attached document, if possible, should be included in the scope of my request.

Best regards,

Adrian Burtin

Best regards,

Adrian Burtin

partial positive reply 2023 3290.pdf

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List of identified documents and type of disclosure.pdf

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10.European citizens recommendations of actions to further reduce food waste published.pdf

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9.RE Request for a meeting with Copa Cogeca on food waste.pdf

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21.Email.pdf

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26.Cover email JRC and SANTE reports concerning the EU Coordinated Action From the Hives.pdf

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27.JRC130227 EU coordinated action fraudulent practices in honey sector.pdf

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Dear Mr Burtin,