Request for Documents Relating to Potential Influence on the Assessment of "On-Hold" Botanical Claims
Dear Health and Food Safety,
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:
1) Correspondence: Emails, letters, or other forms of communication exchanged between representatives of large food manufacturers such as Danone, Unilever, and Nestlé, their affiliates, or their lobby organizations (e.g., the European Food Information Council (EUFIC)) and EU officials, discussing the timeline, status, or methodology of the assessment of "on-hold" botanical claims under Regulation (EC) No 1924/2006 on nutrition and health claims.
2) Meetings: Minutes, notes, or summaries of meetings held with representatives of these companies, their affiliates, or lobby organizations such as EUFIC, where botanical claims or related regulatory processes were discussed.
3) Documents: Internal memos, analyses, or reports that refer to potential influence or lobbying efforts—whether direct or via intermediary organizations—to delay or affect the scientific assessment of "on-hold" botanical claims.
The timeframe of this request is from 2012 to the present, given that the claims have been "on hold" since that year.
My inquiry aims to understand whether there has been any influence or lobbying by large food manufacturers or their associated organizations to delay or otherwise affect the assessment of "on-hold" botanical claims, and how such actions may have impacted the decision-making process regarding consumer protection and regulatory efficiency.
If any part of the requested documentation is subject to exemptions under Regulation 1049/2001, please provide detailed reasoning for the redactions or withholdings. I also kindly ask that you consider partial disclosure where possible.
Thank you for your time and assistance. Please feel free to contact me should you require clarification or further details about this request.
Yours faithfully,
Irene van den Berg
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 26/11/2024 and registered on 28/11/2024 under case number 2024/6582.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Directorate-General for Health and Food Safety - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Health and Food Safety,
My postal adress is:
The Investigative Desk
Overhoeksplein 2
3031 KS Amsterdam
Yours faithfully,
Irene van den Berg
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 26/11/2024 and registered on 28/11/2024 under the case number
2024/6582.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 19/12/2024. 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 Health and Food Safety - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
Kind regards,
Dear Ms van den Berg
We acknowledge that the time limit to reply to your access to documents
request 2024/6582 expired on 22 January 2025, and apologise in advance for
the delay.
We would like to inform you that your request has been handled and a reply
prepared. This is currently under review and it will be sent to you as
soon as it is signed at the appropriate level.
Please be reassured that we are doing our utmost to send you our reply as
soon as possible.
Thank you very much for your understanding.
Kind regards,
SANTE CONSULT A.1
European Commission
DG Health and Food Safety
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 'Request for Documents Relating to Potential Influence on the Assessment of "On-Hold" Botanical Claims'.
On November 26 2024, I submitted a FOIA request to the Health and Food Safety department of the European Union. Under Regulation (EC) No 1049/2001 regarding public access to EU documents, the institution is required to respond within 15 working days, with a possible extension of an additional 15 working days in exceptional circumstances.
As this deadline has now long passed, I formally object to the failure to process my request in a timely manner. I kindly urge you to immediately proceed with the request and provide me with the requested documents no later than 7, or to issue a reasoned decision on my request.
If there are exceptional circumstances justifying the delay, I request a written explanation. Should I not receive a timely response, I reserve the right to consider further legal action.
I look forward to your prompt reply.
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/request/request...
Yours faithfully,
Irene van den Berg
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2024/6582, sent on 19/02/2025 and registered on 19/02/2025.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 12/03/2025. 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 madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear madam,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
We apologise for the delay in sending our reply to you and any
inconvenience it has caused.
Please acknowledge the receipt of this message by return email.
Kind regards,
SANTE CONSULT A1
Dear applicant,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/6582.
Kind regards,
Secretariat-General - Access to documents
European Commission