Dear sender,

Thank you for your message and interest in ESMA. Your input is highly
valued, and we have taken note of the points raised. ESMA endeavours to
reply within two months to factual queries received.

More information on ESMA’s investor protection work is available on our
webpage: https://www.esma.europa.eu/investor-corn....

You will find an overview of answers to previous questions relating to the
application and implementation of legislative acts within ESMA’s remit on
our dedicated webpage: https://www.esma.europa.eu/questions-and....

Please note that ESMA does not provide legal or investment advice. We are
also aware that ESMA's name and logo are falsely used to promote frauds
and scams. These aim to illegally obtain money directly or through the
request for personal details. If you have received such communication, we
encourage you to cease all interactions with your correspondent and to
report your case to domestic law enforcement authorities (such as your
local police force).

Best regards,
ESMA

Dear sender,

Thank you for your message and interest in ESMA. Your input is highly
valued, and we have taken note of the points raised. ESMA endeavours to
reply within two months to factual queries received.

More information on ESMA’s investor protection work is available on our
webpage: https://www.esma.europa.eu/investor-corn....

You will find an overview of answers to previous questions relating to the
application and implementation of legislative acts within ESMA’s remit on
our dedicated webpage: https://www.esma.europa.eu/questions-and....

Please note that ESMA does not provide legal or investment advice. We are
also aware that ESMA's name and logo are falsely used to promote frauds
and scams. These aim to illegally obtain money directly or through the
request for personal details. If you
have received such communication, we encourage you to cease all
interactions with your correspondent and to report your case to domestic
law enforcement authorities (such as your local police force).

Best regards,
ESMA

Any email from the European Securities and Markets Authority (ESMA) is
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constituting a commitment by ESMA except where provided for in a written
agreement. This email is intended only for the use of the recipient(s)
named above. Any unauthorised disclosure, use or dissemination, either in
whole or in part, is prohibited. If you have received this email in error,
please notify the sender immediately via email and delete this email from
your system.  
This communication and any attachments may contain personal information.
ESMA processes personal data in line with Regulation (EU) 2018/1725 and
Decision ESMA40-133-716. For more information, please see ESMA's  Data
Protection Statement on [1]https://www.esma.europa.eu/data-protection. In
case of queries, please consult ESMA's Data Protection Officer
([2][email address]). You may also contact the European Data Protection
Supervisor ([3][email address]).

Please consider the environment before printing this email.

References

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2. mailto:[email address]
3. mailto:[email address]

Dear sender,

Thank you for your message and interest in ESMA. Your input is highly
valued, and we have taken note of the points raised. ESMA endeavours to
reply within two months to factual queries received.

More information on ESMA’s investor protection work is available on our
webpage: [1]https://www.esma.europa.eu/investor-corn....

You will find an overview of answers to previous questions relating to the
application and implementation of legislative acts within ESMA’s remit on
our dedicated webpage:
[2]https://www.esma.europa.eu/publications-....

Please note that ESMA does not provide legal or investment advice. We are
also aware that ESMA's name and logo are falsely used to promote frauds
and scams. These aim to illegally obtain money directly or through the
request for personal details. If you have received such communication, we
encourage you to cease all interactions with your correspondent and to
report your case to domestic law enforcement authorities (such as your
local police force).

Best regards,
ESMA

Any email from the European Securities and Markets Authority (ESMA) is
sent in good faith, but shall neither be binding nor construed as
constituting a commitment by ESMA except where provided for in a written
agreement. This email is intended only for the use of the recipient(s)
named above. Any unauthorised disclosure, use or dissemination, either in
whole or in part, is prohibited. If you have received this email in error,
please notify the sender immediately via email and delete this email from
your system.  
This communication and any attachments may contain personal information.
ESMA processes personal data in line with Regulation (EU) 2018/1725 and
Decision ESMA40-133-716. For more information, please see ESMA's  Data
Protection Statement on [3]https://www.esma.europa.eu/data-protection. In
case of queries, please consult ESMA's Data Protection Officer
([4][email address]). You may also contact the European Data Protection
Supervisor ([5][email address]).

Please consider the environment before printing this email.

References

Visible links
1. https://www.esma.europa.eu/investor-corn...
2. https://www.esma.europa.eu/publications-...
3. https://www.esma.europa.eu/data-protection
4. mailto:[email address]
5. mailto:[email address]

Dear Tazu Walden,

We acknowledge receipt of your request. ESMA will process it in accordance with Regulation (EC) No 1049/2001 and provide you with a response in due course.

Kind regards,
Chrysi Raftogianni

Afficher les sections citées

Dear Tazu Walden,
 
We would like to refer you to the request for access to documents you
submitted to ESMA on 04 April 2024 in which you requested access to "[...]
meeting minutes, summary or briefing documents, position papers, or any
other relevant materials relating to [...]" a series of meetings between
ESMA and representatives of entities referred to in your message.
 
In relation to that, we would like to draw your attention to the nature of
your request which comprehends, as also acknowledged by you, a long list
of meetings. To this end, the need to perform a complete search as to
whether ESMA would be in possession of the requested documents has been
requiring the involvement of four different Departments whose Officers
attended the said meetings. This activity includes several interactions as
well as the work of numerous colleagues.
 
This process, together with the individual assessment of the requested
documents, would take additional days in order to be completed.
 
Therefore, in light of the above and in accordance with Article 7(3) of
Regulation (EC) No 1049/2001, we hereby notify you of the intention to
extend the deadline to reply laid down in this Regulation by 15 working
days.
 
With kind regards
 
Enrico Gagliardi
 

Afficher les sections citées

Dear Tazu Walden,
 
We would like to make reference to the request for access to documents you
submitted to ESMA on 04 April 2024 pursuant to Regulation (EC) No
1049/2001. In particular, you asked to get access to various types of
documents pertaining to a rather long list of meetings between ESMA Staff
members and representatives of entities referred to in your message,
spanning from 2022 to 2023 and focussing on “[…] sustainable finance
regulation […]”.
 
As a preliminary point, we would like to draw your attention to the fact
that ESMA does not have in place a formal system of agreed minuting of
meetings with industry representatives. In other words, the entities with
which ESMA Staff members met did not comment the documents prepared in
such a context. Hence, the nature of these documents is purely internal
and their content is based on the take of ESMA Staff members in relation
to the points discussed during such meetings.
 
Please also note that we have identified two main categories of documents
as falling within the scope of your request. They comprise:
 

 1. Internal/informal briefing reports and notes prepared by ESMA Staff
members.

 1. Public documents shared or exchanged with the industry representatives
that we considered to be relevant for the purposes of your request.

 
Against this background, please find attached (below) the documents that
we identified as falling within the scope of your request. In relation to
those, please be informed that certain parts were redacted as follows:
 

 a. The (limited) parts redacted in blue are the ones that, after a
careful individual assessment of the relevant documents, were
considered to contain sensitive elements regarding the core business
of the entities concerned. In particular, those parts include
confidential information on the business structure and strategies of
certain entities and their clients, which was shared with ESMA under
the assumption that it would have remained protected. This
information, if disclosed, would undermine the protection of the
commercial interests of the said undertakings.

 a. Personal data have been redacted (parts in black) as they were
considered irrelevant for the purposes of your request and,
consequently, their processing disproportionate in this respect.

 a. Parts in grey have been taken out as considered to be falling outside
the scope of your request.

 
In light of the above and in relation to the parts covered in point (a.)
above, we consider that the exception referred to in the first indent of
Article 4(2) of Regulation (EC) No 1049/2001 applies without any presence
of an overriding public interest in disclosure.
 
We trust that the disclosure of the requested documents addresses your
request in full and this accompanying response enables you to understand
how ESMA has balanced the principle of transparency with the necessity to
preserve the confidentiality of certain parts of the requested documents.
 
Finally we would like to refer you to Article 7(2) of the Access to
Documents Regulation which states that in the event of a total or partial
refusal, an applicant may, within 15 working days of receiving this reply,
make a confirmatory request asking ESMA to reconsider its position.
 
With kind regards,
 
Enrico Gagliardi
 
_____________________________________________
From: Enrico Gagliardi
Sent: Monday, April 15, 2024 12:56 PM
To: [FOI #14445 email]
Cc: AtD <[email address]>
Subject: RE: 24-0643 FW: access to documents request - Documents relating
to meetings between ESMA and industry members regarding sustainable
finance
 
 
Dear Tazu Walden,
 
We would like to refer you to the request for access to documents you
submitted to ESMA on 04 April 2024 in which you requested access to "[...]
meeting minutes, summary or briefing documents, position papers, or any
other relevant materials relating to [...]" a series of meetings between
ESMA and representatives of entities referred to in your message.
 
In relation to that, we would like to draw your attention to the nature of
your request which comprehends, as also acknowledged by you, a long list
of meetings. To this end, the need to perform a complete search as to
whether ESMA would be in possession of the requested documents has been
requiring the involvement of four different Departments whose Officers
attended the said meetings. This activity includes several interactions as
well as the work of numerous colleagues.
 
This process, together with the individual assessment of the requested
documents, would take additional days in order to be completed.
 
Therefore, in light of the above and in accordance with Article 7(3) of
Regulation (EC) No 1049/2001, we hereby notify you of the intention to
extend the deadline to reply laid down in this Regulation by 15 working
days.
 
With kind regards
 
Enrico Gagliardi
 

Afficher les sections citées