Access to ETS lobbying, mid April to end of June 2016
Brussels, 29 June 2016
RE: Access to Documents related to ETS review
Dear sirs,
Referring to Regulation (EC) No 1049/2001 on public access to EU documents and to the 'Aarhus Regulation' (see note) , I would herewith like to ask for access to the following:
- all correspondence (including email) since 15 April 2016 between the Commissioner for Energy and/or his cabinet and/or officials and representatives of DG Energy on one hand and representatives from BusinessEurope, CEFIC, Eurofer, the European Rountable for Industrialists (ERT), The Alliance of Energy Intensive Industries, Gas Naturally, Center for European Policy Studies (CEPS), Eurelectric, Cembureau, ZEP (Zero Emissions Platform), RWE, Repsol, Shell, ArcellorMital, IFIEC Europe, BDI (the Federation of German Industry), the European Bioeconmy Alliance, BASF and/or Lafarge on the other, in which the issue of the review of the EU ETS Directive was addressed.
- list of meetings since 15 April 2016 between officials and representatives of DG Energy one one hand (excluding the Commissioner for Energy and/or his cabinet and the Director General) and representatives from BusinessEurope, CEFIC, Eurofer, the European Rountable for Industrialists (ERT), The Alliance of Energy Intensive Industries, Gas Naturally, Center for European Policy Studies (CEPS), Eurelectric, Cembureau, ZEP (Zero Emissions Platform), RWE, Repsol, Shell, ArcellorMital, IFIEC Europe, BDI (the Federation of German Industry), the European Bioeconmy Alliance, BASF and/or Lafarge on the other, in which the issue of the review of the EU ETS Directive was addressed.
- minutes of meetings listed above
I would like to make clear I prefer you 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 retrieved and elected to produce.
To the extent possible, we prefer the documents in electronic format.Documents that cannot be sent in electronic format should be sent to Corporate Europe Observatory, Rue d’Edimbourg 26, 1050 Brussels.
Should my request be denied wholly 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.
I reserve the right to appeal.
Please confirm having received this application. I look forward to your reply within 15 business days, according to the regulation.
Thank you for your assistance.
Belen Balanya
Corporate Europe Observatory
Note: See Regulation (EC) n. 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and bodies (hereinafter "Aarhus Regulation")
Dear Ms Balanya,
Thank you for your e-mail dated 29/06/2016. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 30/06/2016 under references numbers GESTDEM 2016/3642
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
22/07/2016. 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.
Please note that the responsible Directorate-General may contact you when
handling your request pursuant to Article 6 of Regulation 1049/2001, in
order to receive a more precise explanation of the document(s) requested .
Yours faithfully,
ACCESS TO DOCUMENTS TEAM
[1]cid:image001.gif@01D1AAC8.E6AD8E50
European Commission
Secretariat General
Unit B4 – Transparency
Dear Ms Balanya,
Your application for access to documents, registered under the above
mentioned reference number, is currently being handled. However, we are
not in a position to complete the handling of your application within the
time limit of 15 working days, which expires on 22/07/2016.
An extended time limit is needed for thorough analysis as to the
availability of the documents requested.
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 12/08/2016.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully
ENER ACCES DOCUMENTS Team
[1]cid:image001.png@01D194A8.7B58AA80
European Commission
DG ENER
Unit A.1
DM24 08/046
B-1049 Brussels/Belgium
+32 2 298 17 47
From: SG DOSSIERS ACCES
Sent: Thursday, June 30, 2016 11:20 AM
To: ENER ACCES DOCUMENTS
Subject: FW: access to documents request - Access to ETS lobbying, mid
April to end of June 2016 - GESTDEM 2016/3642
Cher(e) Collègue,
Je vous prie de bien vouloir traiter la demande d'accès aux documents
ci-dessous.
Je me permets de vous rappeler que le délai impératif de réponse est de 15
jours ouvrables à partir de l'enregistrement de la demande (délai
22/07/2016).
Bien cordialement.
DANIEL VANCAMPENHOUT
Assistant
[2]cid:image001.gif@01D1A0AD.39CF0530
European Commission
Secretariat General
Unit B4 - Transparency
Dear Energy,
Your last message (22 July) regarding my request (gestdem 2016/3642) asked for an extended period until 12 August. Since then I have not got more responses from you. This is an unacceptable breach of your obligation of respond within time. I hope you will disclose the requested documents with no more delays,
Yours faithfully,
Belen Balanya
Dear Ms Balanya,
Attached please find a copy of receipt, which confirms that the reply to your request for access to documents was sent by us and received by you in August 2016.
Yours faithfully,
ENER ACCES DOCUMENTS Team
Dear Energy,
Thanks for your response. The only document I find sent with the receipt you enclose contains only two mails, one by Eurelectric and another one by CEPs. It's very surprising this is the only correspondence on ETS review over the whole period of the request.
Can you confirm there's only this?
Yours faithfully,
Belen Balanya
Dear Ms Balanya,
We confirm that these are the only documents we have been able to
identify. We also remind you that this is a DG CLIMA file and that any
lobbying would be more likely to be addressed to them rather than to DG
ENERGY.
Yours sincerely,
ENER ACCES DOCUMENTS Team
European Commission
DG ENER
Unit A.1
DM24 08/046
B-1049 Brussels/Belgium
+32 2 298 17 47
From: SG ACCES DOCUMENTS
Sent: Monday, November 14, 2016 9:40 AM
To: ENER ACCES DOCUMENTS
Subject: FW: FW: access to documents request - Access to ETS lobbying, mid
April to end of June 2016 - GESTDEM 2016/3642
Dear colleagues,
Please find below an email from the requester.
Regards,
Liliane NABIMANA
European Commission
Secrétariat Général
SG.B4 - Transparency
BERL 05/288
B-1049 Brussels/Belgium
+32 229 62828
[1][email address]