Climate City Contract with Klagenfurt
Alexander Fanta made this access to documents request to Climate Action Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear Climate Action,
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:
- The Climate City Contract presented by the city of Klagenfurt, as mentioned in this press release:
https://ec.europa.eu/commission/presscor...
- Any additional documentation provided by Klagenfurt, as well as any exchanges with the city on this issue (e-mails, letters, etc)
Yours faithfully,
Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Dear Climate Action,
can you please confirm you have registered my request?
Yours faithfully,
Alexander Fanta
Dear Climate Action,
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 'Climate City Contract with Klagenfurt'.
My request has been ignored by DG CLIMA and apparently not even registered. This is a clear breach of Regulation 1049/2001 and at this point appears to point to severe understaffing at the transparency unit in the DG.
Yours faithfully,
Alexander Fanta
Dear Mr Fanta,
Thank you for your call this morning and for showing understanding.
I would like to inform you that our final reply to your request about COP28 briefings will be out by tomorrow, and that I am going to reattribute your request on "Climate City Contract with Klagenfurt" to DG RTD (Research and innovation), since the EU Mission on Climate-Neutral and Smart Cities falls under its policy remit.
Thank you again for your patience and understanding.
Best regards,
Vincenzo Alfio
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 12/10/2023 and registered on 24/11/2023 under the case number
2023/7012.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 15/12/2023. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Directorate-General for Research and Innovation - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr Fanta,
We are writing concerning your request for access to Commission documents
registered on 24 November 2023 under case number EASE 2023/7012.
We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring today, 15 December 2023. The documents
requested originate from third parties, which need to be consulted.art
Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days.
We apologise for any inconvenience this may cause.
Kind regards,
RTD Access to Documents
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear Mr. Fanta,
This is to inform you that we are still working on your request and to
apoligise for this delay.
Third parties involved had to be consulted and it took longer than
expected.
We will provide you with a reply as soon as ready.
Kind regards,
RTD Access to Documents
Dear Mr. Fanta,
Please find attached the reply to your request for access to Commission
documents registered under the above case number 2023/7012.
Please acknowledge the receipt of this message by return email.
Kind regards,
R&I Access to Documents
Dear Mr. Fanta,
Please find attached the reply to your request for access to Commission
documents registered under the above case number 2023/7012.
Please acknowledge the receipt of this message by return email.
Kind regards,
R&I Access to Documents
Dear Mr. Fanta,
Please find attached the reply to your request for access to Commission
documents registered under the above case number 2023/7012.
Please acknowledge the receipt of this message by return email.
Kind regards,
R&I Access to Documents
Dear Climate Action,
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 'Climate City Contract with Klagenfurt'.
I was denied access to parts of document 2 based on the exception for commercial interest in Article 4(2), first indent of Regulation (EC) 1049/2001. The Commission stated in its initial reply that, as the activities of the municipal company referenced in the document take place on the free market, and the document contains budget plans for said company, the Municipality considered that the disclosure of these figures and information could harm the competitiveness of the company concerned and thus undermine its commercial interest.
European Ombudsman rulings state that as not all information about a company is commercially sensitive, a test should be performed each time to conclude whether the exception applies (see European Ombudsman Case: 1701/2011/ANA 24 June 2013; Case: 676/2008/RT 07 July 2010.) The goal should be to determine whether disclosure would actually undermine the commercial interests of the company (see European Ombudsman Case: 1922/2014/PL 30 August 2016). I note that in several cases the Ombudsman has found insufficient grounds for refusal (European Ombudsman Case: 676/2008/RT 07 July 2010; Case: 181/2013/AN 16 February 2015). I further note that the Commission is not bound by objections from the third party involved.
I contend that the Commission has not clearly demonstrated how, exactly, the disclosure of information related to the budget would hurt the municipal company's market position. I hold that budgeting of a municipal company, which in this case is wholly owned by the city, is clearly a matter of public discussion. While concrete purchase decisions might be considered a matter of commercial interest, I can't see how general planning of this type might hurt the company's interest. I ask the Commission to re-evaluate and perform a test to conclude whether this exception actually applies.
As the subject matter concerns climate policy, a matter of vital interest to the public, I contend that there is also an overriding public interest in disclosure. Failure to disclose information on budget planning for the green transition hampers any effort for the public, stakeholders and decision-makers concerned to properly scrutinize and evaluate the plans, as should be the goal of the Climate City Contract Klagenfurt has made with the Commission. By failing to fully disclose the plan, the Commission risks to undermine the very objective of its program.
Yours faithfully,
Alexander Fanta
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/7012, sent on 12/02/2024 and registered on 12/02/2024.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 04/03/2024. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear applicant,
We are writing concerning your confirmatory request for access to
Commission documents for case 2023/7012, registered on 12/02/2024.
We are currently working on your confirmatory request. However, we have
not yet been able to gather all the elements necessary to carry out a full
analysis of your request. As internal consultation are ongoing, we will
not be able to send you the reply within the prescribed time limit
expiring on 04/03/2024.
Therefore, in line with Article 8(2) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 25/03/2024.
We apologise for any inconvenience this may cause.
Kind regards,
SG.C.1 - Access to documents team
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...