Carbon Border Adjustment Mechanism Jan-May 2021
From: Belen Balanya, Corporate Europe Observatory
Rue d’Edimbourg 26, 1050 Brussels.
6 May 2021 RE: Access to Documents related to Carbon Adjustment Mechanism.
Dear DG energy, DG Clima, Dg Grow, Secretariat General, DG Trade,
Referring to Regulation (EC) No 1049/2001 on public access to EU documents, I would herewith like to ask for access to the following:
1- all correspondence (including email) between 1st january 2021 and 6th May 2021 between Commissioner Simson, Commissioner Timmermans, Commissioner Breton, President van der Leyen, Commissioner Dombrovskis, and/or their cabinets and/or officials from DG Energy, DG Clima, DG Grow, DG Trade and Secretariat General on one hand and stakeholders on the other, where the issue of the carbon border adjustment mechanism is addressed.
2 - list of meetings/videocalls/calls between 1st December 2020 and 6th May 2021 between officials and/or representatives of the European Commission and stakeholders where the issue of the carbon border adjustment mechanism is addressed.
3 - minutes of the meetings/videocalls/calls mentioned 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
Dear Ms Balanya,
Thank you for email from 6 May 2021. We hereby acknowledge receipt of your application for access to documents, which was registered on 10 May 2021 under reference number GESTDEM 2021/3067.
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 3 June 2021. In case this time limit needs to be extended, you will be informed in due course.
You have lodged your application via a private third-party 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 private third party running the AsktheEU.org website is responsible and accountable for the processing of your personal data via that website, and not the Commission. For further information on your rights, please refer to the third party’s privacy policy.
We understand that the third party running the AsktheEU.org website usually publishes the content of applicants’ correspondence with the Commission on that website. This includes the personal data that you may have communicated to the Commission (e.g. your private postal address).
Similarly, the third party publishes on that website any reply that the Commission will send to the email address of the applicants generated by the AsktheEU.org website.
If you do not wish that your correspondence with the Commission is published on a private third-party website such as AsktheEU.org, you can provide us with an alternative, private e-mail address for further correspondence. In that case, the Commission will send all future electronic correspondence addressed to you only to that private address, and it will use only that private address to reply to your request. You should still remain responsible to inform the private third-party website about this change of how you wish to communicate with, and receive a reply from, the Commission.
For information on how we process your personal data visit our page Privacy statement – access to documents.
Yours faithfully,
Access to Documents team
European Commission
Directorate-General for Climate Action
Av. de Beaulieu 24
1049 Brussels
Dear Ms Balanya,
We refer to your request for access to documents dated 6 May 2021,
registered on 10 May 2021 under the above mentioned reference number.
We were not in a position to complete the handling of your application
within the time limit of 15 working days, which expired on 3 June 2021.
In accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents we have to extend the time limit by 15 working
days, the new deadline is set for 24 June 2021.
We apologise for this delay and for any inconvenience this may cause.
Sincerely,
Access to Documents team
[1]cid:image001.png@01D75B0C.B103A420
European Commission
Directorate-General for Climate Action
Av. de Beaulieu 24
1049 Brussels
References
Visible links
Dear Climate Action,
Please pass this on to the person who reviews confirmatory applications.
In conformity with Article 7(4) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (hereafter “the Regulation”), I hereby submits a confirmatory application regarding the Commission's implied refusal to provide the information I requested on 6 May 2021 (reference number GESTDEM 2021/3067.)
I note that the extended deadline to reply to my request of 24th June has already expired.
I accordingly urge you to disclose the requested information in the shortest time possible.
Kind regards,
Belén Balanyá
Dear Ms Balanya,
Enclosed please find a copy of our reply.
According to standard operational procedure, the reply is usually also
sent to you by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during to
the COVID-19 epidemics, which include the requirement for all Commission
non-critical staff to telework, we are unfortunately not in a position to
follow this procedure until further notice.
We would therefore appreciate if you could confirm receipt of the present
e-mail by replying to [1][email address].
We apologise for the delay in our response.
Kind regards,
Access to Documents team
[2]cid:image001.png@01D75B05.3FD189E0
European Commission
Directorate-General for Climate Action
Av. de Beaulieu 24
1049 Brussels
References
Visible links
1. mailto:[email address]
Dear Ms Balanya,
We provided a reply to this access to documents request registered under reference Gestdem 2021/3067 on 14 July 2021.
We would appreciate if you could confirm that you received our reply to your access to documents request and whether you want to proceed with the following stages of the confirmatory application.
We sincerely apologise for the delay in our reply.
Sincerely,
Access to Documents team
European Commission
Directorate-General for Climate Action
Av. de Beaulieu 24
1049 Brussels
Dear Ms Balanya,
We provided a reply to this access to documents request registered under reference Gestdem 2021/3067 on 14 July 2021.
We would appreciate if you could confirm that you received our reply to your access to documents request and whether you want to proceed with the following stages of the confirmatory application. If we do not receive a confirmation, we will consider that you do not wish to proceed with a confirmatory application without prejudice of any new confirmatory application you may want to launch based on our reply.
We would like to reiterate our sincere apology for the delay in our reply.
Sincerely,
Access to Documents team
European Commission
Directorate-General for Climate Action
Av. de Beaulieu 24
1049 Brussels