ID Member States which failed to support the 2003 Aarhus Directive on Access to Justice

La demande est partiellement réussie.

Kieran Fitzpatrick

Dear Secretariat General of the European Commission,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

I seek, in general terms, to obtain documentation which helps to identify those member states of the EU which have not been supportive of the EU’s (former) efforts to bring into effect the access to justice (ATJ) Directive related to the Aarhus Convention, namely COM 2003/0624 (Proposal for a Directive of the European Parliament and of the Council on access to justice in environmental matters /* COM/2003/0624 final - COD 2003/0246 *, i.e.” the Directive”.).
To this end:
1. Please supply any documentation which indicates any member state’s reluctance (or any reluctance as expressed by any official of a member state) to implement the specified proposed EU Directive.
2. If there is documentation available as requested in question 1, but which fails to identify all member states which have failed to support the Directive, then I would seek the following documentation: Please supply any documentation which outlines support for the Directive by any or all members states (or by officials thereof).
3. If and when the above documentation (questions 1/2) is made available, it fails to clarify the attitude of each member state to the proposed Directive, or no such documentation is obtainable, then, I seek the following documentation: Please supply any and all documentation between the Commission (including any commissioner and/or any EU official) to any member state (or any ministry or emanation or official of a member state), which sought to gain information on the attitude of any member state towards implementation of the Directive.

Where there are multiple documents which outline the attitude of a particular member state to the Directive, then I seek only the most recent documentation which clarifies such an attitude.

I seek the above documentation pursuant to Regulation 1049/2001 AND pursuant to EU REGULATION (EC) No 1367/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (of 6 September 2006), and specifically including Article 2(1) (d) of that later Regulation [as well as measures or activities designed to protect those elements]. For clarification, I seek that the requested documentation be supplied in electronic format ONLY, and my reference to documentation includes all available formats.

Yours faithfully,
Kieran Fitzpatrick
Anbally
Galway
Ireland

Secrétariat général de la Commission européenne

Thank you for your request for access to documents.
Unfortunately you have not indicated your postal address that is required for registering and handling your request in line with the procedural requirements. Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.
You may, of course, use directly the electronic form for entering your request:

http://ec.europa.eu/transparency/regdoc/...

You have lodged your application via the AsktheEU.org website. Please note that this website is not under the European Commission's management, therefore the European Commission cannot be held accountable for any technical issues or problems linked to the use of this system

Best regards,

ACCESS TO DOCUMENTS TEAM

European Commission
Secretariat General
Unit SG.B4 – Transparency

Afficher les sections citées

Kieran Fitzpatrick

Dear Secretariat General of the European Commission,

I had actually included my postal address. But for further clarity here it is - Kieran Fitzpatrick, Anbally, Galway, Postcode - H54 AX90, Ireland. I have provided this extra information, by your request, but , I request that all commmunication in relation to this request be via the AsktheEU website forum.

But, I had also understood that the EU Ombudsman had ruled that demanding postal addresses was a maladministration? (See -Decision in case 682/2014/JF on the European Commission’s requirement that persons who ask for public access to documents provide their postal address.)

Yours faithfully,
Kieran Fitzpatrick

EC ARES NOREPLY,

[1]Ares(2018)550185 - Acknowledgement of receipt - FITZPATRICK - GestDem
2018/629

Sent by ve_sg.accessdoc (SG) <[DG SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[DG SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Fitzpatrick,

Thank you for providing your complete postal address (it was missing the
postal code originally).

We hereby acknowledge receipt of your application for access to documents
dated 30/01/2018 registered on 30/01/2018 under the reference number
GestDem 2018/629.

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 20/02/2018. In case this time limit needs to
be extended, you will be informed in due course.

In response to the question you raised, please be informed that the
Commission's latest position regarding the postal address requirement is
reflected in our reply to the Ombudsman of 9 March 2017, which can be
found on the Ombudsman website
([2]https://www.ombudsman.europa.eu/en/cases...).

The Commission has been asked to provide its reply to the Ombudsman's
final conclusions on this topic by the end of the first quarter of 2018,
and this reply will also be made available on the Ombudsman's website.

Best regards,
ACCESS TO DOCUMENTS TEAM

European Commission
Secretariat General
Unit SG.B4 – Transparency

Afficher les sections citées

Secrétariat général de la Commission européenne

6 Attachments

Dear Mr Fitzpatrick,
 
Please find attached the reply to your request for access to documents
GestDem 2018/629.
 
 
Sincerely,
 
DG ENVIRONMENT
ACCESS TO DOCUMENTS TEAM

 
European Commission
DG Environment
Directorate E-Implementation & Support to Member States
Unit E4 - Compliance & Better Regulation
B-1049 Brussels/Belgium
 
Website: [1]http://ec.europa.eu/environment
Follow us on: [2][IMG][3][IMG] [4][IMG][5][IMG] [6][IMG][7][IMG]
 
 
 
 
 
 

References

Visible links
1. http://ec.europa.eu/environment
2. https://www.facebook.com/EUEnvironment
3. https://www.facebook.com/EUEnvironment
4. https://twitter.com/EU_ENV
5. https://twitter.com/EU_ENV
6. https://www.youtube.com/EUEnvironment
7. https://www.youtube.com/EUEnvironment

Kieran Fitzpatrick

Dear Secretariat General of the European Commission,

I note your reply of today, 19 February 2018. You provided me a 30-page document and a weblink to some relevant information. The weblink only provided a reply from 3-states, Ireland, UK, and the Netherlands. Hessen is a region of Germany, and does not constitute a member-state response. Therefore, I have not received any documents regarding the position of 25 Member States.

In particular, the website (http://ec.europa.eu/environment/aarhus/c...) refers to a June-September 2013 consultation, and some of the replies refer to a questionnaire, but the link to the questionnaire/consultation results is not functional, nor is your letter link to a “short summary”.
Your reply fails to clarify, if the questionnaire was sent to all 28 member states, but it presumably was? You could provide a copy of the questionnaire as sent to each member state Environment-Ministry, or provide one such questionnaire in English, clarifying the dates that it was sent to each state?
Plus, please clarify if the other 25 states failed to reply? Plus, if any particular state failed to respond to the questionnaire, was a reminder letter/email sent? All such letters would fall under Q3 of my FOI.

I would point out that you have provided no documentation which outlines support for the proposed Directive (Q.2), nor any clarification as to whether such documentation ever existed. The 30-page document supplied refers to strong opposition from some member states, which appears to indicate that some states supported the Directive? You refer to DG ENV not possessing minutes of relevant Council meetings, but did not clarify if such minutes are held by other EU entities (See Artice 7 of Reg. 1367/2006)?
I therefore wish to provide you with an opportunity to clarify your reply.

Yours faithfully,

Kieran Fitzpatrick

Secrétariat général de la Commission européenne

Dear Sir,

Thank you for your email dated 19/02/2018, by which you request, pursuant to Regulation No 1049/2001 regarding public access to European Parliament, Council and Commission documents, a review of the position taken by DG ENV in reply to your initial application GESTDEM 2018/629.

We hereby acknowledge receipt of your confirmatory application for access to documents which was registered on 20/02/2018 (Ares(2018)960258).

Your application will be handled within 15 working days (13/03/2018). In case this time limit needs to be extended, you will be informed in due course.

Please be informed that the answer to your confirmatory application is a formal Commission decision that will be notified to you by express delivery.

We kindly offer you the possibility to provide us a contact phone number (by email to [email address]), so that the external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any other purpose than for informing the delivery service, and that it will delete it immediately thereafter.

Kind regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

Afficher les sections citées

EC ARES NOREPLY,

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)1349465 - 1st Holding reply - Fitzpatrick - GestDem 2018/629

Sent by ve_sg.accessdoc (SG) <[DG SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[DG SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Fitzpatrick,

I refer to your email of 19 February 2018, registered on 20 February 2018,
through which you submit a confirmatory application in accordance with
Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents ('Regulation
1049/2001').

We have finalised the assessment of your application. Unfortunately, the
formal decision containing the reply thereto, still requires the approval
of our hierarchy and, therefore, we are not in a position to reply to your
confirmatory request within the prescribed time limit expiring 13 March
2018.

Consequently, we have to extend the deadline for handling it by another 15
working days in accordance with Article 8(2) of Regulation 1049/2001. The
new deadline expires on 6 April 2018.

We apologise for any inconvenience this may cause.

 

Martine Fouwels

Deputy Head of Unit

[6]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3B9F3.F30048F0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

Secrétariat général de la Commission européenne

7 Attachments

Dear Sir,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2018/629, adopted on 20/03/2018 in the above-mentioned
case.

 

Please note that the Secretariat General of the European Commission will
proceed with the formal notification of the decision in the coming days.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours sincerely,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

Secrétariat général de la Commission européenne

7 Attachments

Dear Mr Fitzpatrick,

 

We are contacting you regarding the decision provided to you (by email) on
20 March 2018, containing the reply to your confirmatory application
2018/629. That application related access to, among others, to the minutes
of the Council Working Group meeting of 13 May 2013.

 

In the decision, the Commission confirmed that it does not hold this
document; however, it transmitted your application (in so far as this
document is concerned) to the Council for handling and follow-up.

 

The application was indeed transferred to the Council, however, the latter
informed us that, if you maintain your request for access to that
document, you need to contact the Council access to documents team
directly (the address of the functional mailbox:
[1][email address]).  

 

Best regards,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

From: SG ACCES DOCUMENTS
Sent: Tuesday, March 20, 2018 5:09 PM
To: 'Kieran Fitzpatrick ([FOI #5098 email])'
Subject: Confirmatory decision taken on your request for access to
documents registered under Gestdem number 2018/629

 

Dear Sir,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2018/629, adopted on 20/03/2018 in the above-mentioned
case.

 

Please note that the Secretariat General of the European Commission will
proceed with the formal notification of the decision in the coming days.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours sincerely,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

References

Visible links
1. mailto:[email address]

Secrétariat général de la Commission européenne

7 Attachments

Dear Sir,

 

Please be informed that DHL services (express delivery) are trying to
deliver the formal notification of the confirmatory decision – Gestdem
2018/629 – at the postal address you gave us but without success (absent).

 

Could you please provide us with your phone number in order to facilitate
this delivery (Commission will not use your phone number for any other
purpose than for informing the delivery service, and that it will delete
it immediately thereafter)?

 

Many thanks in advance.

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

From: SG ACCES DOCUMENTS
Sent: Tuesday, March 20, 2018 5:09 PM
To: 'Kieran Fitzpatrick ([FOI #5098 email])'
Subject: Confirmatory decision taken on your request for access to
documents registered under Gestdem number 2018/629

 

Dear Sir,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2018/629, adopted on 20/03/2018 in the above-mentioned
case.

 

Please note that the Secretariat General of the European Commission will
proceed with the formal notification of the decision in the coming days.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours sincerely,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315