PAFF Voting lists

La demande a été rejetée par Santé et sécurité alimentaire.

Dear Health and Food Safety,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I would like to request the voting list for the 13 December 2017 vote on draft rules for identifying endocrine-disrupting chemicals in pesticides by the Standing Committee on Plants, Animals, Food and Feed (PAFF), and the voting lists for all previous votes during 2016 and 2017 where endocrine-disrupting chemicals were voted upon.

Yours faithfully,

Vicky Cann
CEO
Rue d'Edimbourg 26
1050 Brx

Santé et sécurité alimentaire

Dear Ms Cann,

Thank you for your e-mail dated 20/12/2017.

We hereby acknowledge receipt of your application for access to documents, which was registered on 22/12/2017 under reference number GestDem 2017/7630.

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 23/01/2018. 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.

Yours faithfully,

SANTE ACCESS TO DOCUMENTS

Afficher les sections citées

Santé et sécurité alimentaire

Dear Ms Cann,

 

We refer to your emails dated 20 December 2017 in which you make requests
for access to documents, registered on the same day under the above
mentioned reference numbers.

In your applications, you requested access to the

 

·         "voting list for the 13 December 2017 vote on draft rules for
identifying endocrine-disrupting chemicals in pesticides by the Standing
Committee on Plants, Animals, Food and Feed (PAFF), and the voting lists
for all previous votes during 2016 and 2017 where endocrine-disrupting
chemicals were voted upon" (GestDem 2017/7630);

 

·         "the minutes/report for the 13 December 2017 meeting on draft
rules for identifying endocrine-disrupting chemicals in pesticides by the
Standing Committee on Plants, Animals, Food and Feed (PAFF), and the
minutes/reports for all previous votes during 2016 and 2017 where
endocrine-disrupting chemicals were discussed" (GestDem 2017/7632).

 

The documents you requested can be found here:

 

[1]https://ec.europa.eu/health/endocrine_di...

 

(The minutes and the voting lists are the same documents.)

 

You may reuse the documents requested free of charge for non-commercial
and commercial purposes provided that the source is acknowledged and that
you do not distort the original meaning or message of the documents.

Please note that the Commission does not assume liability stemming from
the reuse.

 

Yours faithfully,

 

SANTE ACCESS TO DOCUMENTS

 

European Commission

DG Health and Food Safety (SANTE)

Email: [DG SANTE request email]

 

 

References

Visible links
1. https://ec.europa.eu/health/endocrine_di...

Vicky Cann a laissé une remarque ()

This request is now being jointly handled with this request here: https://www.asktheeu.org/en/request/paff...

Vicky Cann a laissé une remarque ()

While the PAFF minutes are publicly available, DG Sante has refused access to the voting lists: https://www.asktheeu.org/en/request/paff...

Dear Health and Food Safety,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'PAFF Voting lists' GestDem 2017/7630 and 'PAFF minutes' GestDem 2017/ 7632 and its follow-up, GestDem 2018-91. I refer to your answer Ref. Ares(2018)204276 - 12/01/2018 in which the Director-General of Sante sets out the reasons why voting lists from the PAFF committee in 2016-17 cannot be released. The letter cites Article 4(3) of Regulation (EC) No 1049/2001 and argues that my original request did not contain any public interest arguments to request the documents. I make those arguments below.

Firstly, the issue of endocrine disruptors are an important matter of public health-related policy and decision-making, and therefore the interest is clear when it comes to having certainty that institutions and Member States are effectively protecting EU citizen's health and wellbeing. We are aware that Commission decision-making on EDCs has been delayed over several years, and has been subject to member state legal action. We are also aware that there has been clear lobbying, over a number of years, by those with financial interests in the issue, to influence the outcome. It is imperative to know the breakdown of the PAFF votes so as to be able to establish the extent of that influence, including on member states.

Secondly, endocrine disruptors are now a matter of concern in many communities, in many countries, for many citizens. As just one example of this, a petition on EDCs to the Commission gathered the support of nearly half a million citizens https://actions.sumofus.org/a/eu-endocri... The public interest in this issue is undeniable.

Thirdly, EU institutions can only be accountable and demonstrate legitimacy of the decisions they take in behalf of EU citizens by being transparent and open. I note that the ECJ itself has said: "Openness in that respect contributes to strengthening democracy [...].The possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights." (Case C-280/11).

ECJ rulings are important in further ways in relation to this confirmatory application.

The Commission's arguments against release are too vague. It is not enough to say that there is a "serious" risk that the decision-making process will be undermined; according to the Court, that "risk must be reasonably foreseeable and must not be purely hypothetical" (Case C-280/11).

This risk needs to be proved and it must be connected to the content of the documents requested. The Court says that it should provide "detailed evidence, having regard to the actual content of the [requested document(s)]". And this applies whether the decision-making process has been closed or not. (Case C-506/08).

I also consider that the Commission is being unreasonably overcautious. 1049 exceptions "derogate from the principle of the widest possible public access to documents, they must be interpreted and applied strictly" (Case C-280/11).

Finally, it is the Commission's responsibility to assess when there there is an overriding public interest in disclosure, not the requester's responsibility. The Court says: "If the institution applies one of the exceptions provided for in Article 4 of Regulation 1049/2001, it is for that institution to weigh the particular interest to be protected through non-disclosure of the document concerned against, inter alia, the public interest in the document being made accessible, having regard to the advantages of increased openness, as described in recital 2 to Regulation No 1049/2001, in that it enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system" (Case C-280/11).

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/paff...
and
https://www.asktheeu.org/en/request/paff...

I look forward to hearing from you as soon as possible.

Yours faithfully,

Vicky Cann

Santé et sécurité alimentaire

Dear Madam,

Thank you for your email dated 24/01/2018, 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 SANTE in reply to your initial application GESTDEM 2018/91.

We hereby acknowledge receipt of your confirmatory application for access to documents which was registered on 25/01/2018 (Ares(2018)449875).

Your application will be handled within 15 working days (15/02/2018). 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.

Yours faithfully,
Carlos Remis
SG.B.4
Transparence
Berl. 05/315

Afficher les sections citées

Dear Health and Food Safety,

Thanks. CEO's office number is +32 (0)2 893 0930.

Yours faithfully,

Vicky Cann

EC ARES NOREPLY,

1 Attachment

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

[5]Ares(2018)810213 - 1st Holding reply - CANN - GestDem 2018/91

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

Subject: Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 – GESTDEM 2018/91

 

Dear Ms Cann,

 

I refer to your e-mail of 24 January 2018, registered on the next day, by
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[6]^[1] (‘Regulation
1049/2001’).

 

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements we need to carry out
a full analysis of your request in order to take a final decision and,
therefore, we are not in a position to reply to your confirmatory request
within the prescribed time limit expiring on 15 February 2018.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation 1049/2001. The new deadline
expires on 3 March 2018.

 

Yours sincerely,

Martine Fouwels

Deputy Head of Unit

[7]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

 

------------------------

[8][1]      Official Journal L 145 of 31.5.2001, p. 43.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3A415.531ACC50
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
6. file:///tmp/foiextract20180212-10180-797cty#_ftn1
8. file:///tmp/foiextract20180212-10180-797cty#_ftnref1

EC ARES NOREPLY,

1 Attachment

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

[5]Ares(2018)1275259 - 2nd Holding reply - CANN - GestDem 2018/91

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

Subject:                 Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 – GESTDEM 2018/91 & 2017/7634

Dear Ms Cann,

 

I refer to your email of 24 January 2018, registered on the next day, by
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’).

 

I also refer to our holding reply dated 15 February 2018, by which the
time limit for replying to your confirmatory request was extended by 15
working days, pursuant to Article 8(2) of the Regulation. This extended
time limit expires on 8 March 2018.

 

As the Commission decision is currently still being finalised through the
formal decision-making process, we will not be able to respond within the
extended time-limit.

 

I can assure you that we are doing our utmost to provide you with a final
reply as soon as possible. I regret this additional delay and sincerely
apologise for any inconvenience this may cause.

 

Yours sincerely,

 

Martin Kröger

Head of Unit

[6]Flag

European Commission

Secretariat-General

Unit B4 (Transparency)

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3B641.013E83C0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

Santé et sécurité alimentaire

2 Attachments

Dear Madam,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2018/91 & 2017/7634, adopted on 15/03/2018 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