Cambridge County Council PFI Waste Management Deal With Amey Cespa

The request was partially successful.

Dear Cambridgeshire County Council,

I understand that the county waste management contract with Amey Cespa is funded by a PFI deal. I would like please to understand some of the terms of this deal and contract. Please can you help with information on the following questions:

1. a. How much rubbish is Amey contracted by Cambs County Council to manage per year?
b. How much rubbish does CCC send to Amey/year?
2. When does the contract end?
3. How much does this contract cost CCC per year?
4. Have annual contract costs changed (as county needs and waste taxes have changed) since the contract was signed and if so by how much?
5. What is the cost to CCC of terminating the contract?
6. How much capital investment have Amey invested in the contract?
7. Does CCC have plans to reduce the waste business it sends to Amey or send it to other management providers to introduce budget savings?
8. On what grounds can CCC terminate the contract (specifically what are the break clauses in the contract)?
9. If Amey's application for a waste incinerator is approved by CCC will this result in a whole new waste contract between CCC and Amey, or a specific incineration contract?
10. How is the PFI deal funded? Specifically who or what organisations have invested and how much?

Yours faithfully,

J Sutton

FOI, Cambridgeshire County Council

Dear Jude

Re: Freedom of Information Request ref 8739

Your request will be dealt with in line with the Freedom of Information Act and its regulations. In accordance with the Act, the Council aims to respond to all requests within 20 working days.

If we require further information, clarification or a fee in order to fulfil your request we will contact you again. Please quote the reference number above in all future correspondence concerning this request.

Yours sincerely,

Business Intelligence Team – Information and Records
Tel. 01223 743881, Email: [Cambridgeshire County Council request email]
Box No. OCT1224, Cambridgeshire County Council, Shire Hall, Cambridge, CB3 0AP

show quoted sections

Panesar Charanjit, Cambridgeshire County Council

Good Afternoon Jude,

Thank you for your FOI request. I would appreciate it if you could clarify the following information:

4. Have annual contract costs changed (as county needs and waste taxes have changed) since the contract was signed and if so by how much?

Are you asking whether the profile of actual annual costs has changed from that envisaged when the contract was signed.

Or

Are you asking have the annual contract costs changed from year 1 when the contract was signed to the latest full financial year.

On receipt of this clarification we will progress the FOI request.

If you require clarification of the above questions asked please do not hesitate to contact me.

Regards

Charan Panesar
Business Development Officer
Place & Economy
Box No.: SH1316
Shire Hall
Cambridge
CB3 0AP
01480 373820
Email: [email address]

show quoted sections

Dear Panesar Charanjit,

Thank you for your message. To clarify, I am asking :

4. Have both the profile and the amount of actual annual contract costs changed (as county needs and waste taxes have changed) since the contract was signed and if so by how much? It would be helpful to know if there is an difference, what that annual difference is between when the contract was signed and the figures for the last financial year.

Yours sincerely,

Jude Sutton

Panesar Charanjit, Cambridgeshire County Council

Good Morning Jude,

 

We are currently working on your request and are considering what
information it is appropriate to release and whether (or not) to apply an
exemption under s31 of the Act.  This is a qualified exemption which
requires us to fully consider the public interest in disclosure before
responding. In accordance with the Act we are permitted to extend the
deadline for compliance by up to a further 20 working days and it is our
expectation that we will have completed our considerations and be able to
provide a final response by not later than 16^th April 2018.

 

Regards

 

Charan Panesar

Business Development Officer

Place & Economy

Box No.: SH1316

Shire Hall

Cambridge

CB3 0AP

01480 373820

Email: [email address]

 

From: Panesar Charanjit
Sent: 21 December 2017 09:29
To: Panesar Charanjit <[email address]>
Subject: EXTENSION TEMPLATE - draft response

 

 

From: FOI
Sent: 17 November 2017 11:49
To: Panesar Charanjit <[1][email address]>
Subject: RE: FOI - 8388 Sampling Data - draft response

 

Hi Charan

 

All that needs to be done is to email the requestor along the lines of:

“We are currently working on your request and are considering what
information it is appropriate to release and whether (or not) to apply an
exemption under s31 of the Act.  This is a qualified exemption which
requires us to fully consider the public interest in disclosure before
responding. In accordance with the Act we are permitted to extend the
deadline for compliance by upto a further 20 working days and it is our
expectation that we will have completed our considerations and be able to
provide a final response by not later than 15^th December.”

 

 

(Or words to that effect!)

Hope this helps

David

 

 

From: Panesar Charanjit
Sent: 17 November 2017 11:36
To: FOI <[2][email address]>
Subject: RE: FOI - 8388 Sampling Data - draft response

 

Hi David,

 

Sorry to bug you again but do you have a template or words that I would
send out to the FOI requester notifying them that the  deadline has been
extended and why.

 

Thanks

 

Charan

 

From: FOI
Sent: 17 November 2017 11:31
To: Smith Joanne L <[3][email address]>; FOI
<[4][email address]>; Panesar Charanjit
<[5][email address]>; Smith Matthew
<[6][email address]>
Cc: Stuart Brough <[7][email address]>
Subject: RE: FOI - 8388 Sampling Data - draft response

 

Hi Jo,

Re the non-application of the exemption: yes, that is absolutely correct,
we would not get into trouble for not applying the exemption!

 

In respect of the information itself – the s31 exemption is not a blanket
that can be thrown over all the info; “we” would need to assess what
could/could not be released.  It is always good practice to provide some
information if at all possible and stands us in good stead should the
requestor challenge a response.

Have a great holiday and we’ll catch up on your return if need be.

 

Regards

David

 

From: Smith Joanne L
Sent: 17 November 2017 11:12
To: FOI <[8][email address]>; Panesar Charanjit
<[9][email address]>; Smith Matthew
<[10][email address]>
Cc: Stuart Brough <[11][email address]>
Subject: RE: FOI - 8388 Sampling Data - draft response

 

Thank you David, that is really helpful.

 

I think I will need to look at this in more detail when I get back from
leave. I will probably have to chat about the info in more detail with you
so I can reach a decision about whether or not the full info can/should be
released.

 

Charan, are you able to please update the requestor as David suggested. I
presume if it turns out that the exemption is not appropriate then we can
release within the extension period and not be in trouble.

 

Thank you for your help. I do appreciate it.

 

Joanne

 

From: FOI
Sent: 17 November 2017 09:48
To: Smith Joanne L <[12][email address]>; Panesar
Charanjit <[13][email address]>; Smith Matthew
<[14][email address]>
Cc: Stuart Brough <[15][email address]>
Subject: RE: FOI - 8388 Sampling Data - draft response

 

Hi Joanne,

 

I think the request you are referring to was FOI_3789 (response attached)
sent in Feb 2014.

 

In the specific case of applying s31 – this would be a possibility to use
if you can justify it.  As it is a qualified exemption you would need to
consider the public interest in disclosure before applying the test.

The “good” news is that when a response may be exempted by using a
qualified exemption, the deadline can be extended for upto a further 20
working days to allow time to properly consider the arguments.    It is
good practice to advise the requestor that this is what is happening so
that their expectations can be properly managed.

 

Hope this helps.

David

 

From: Smith Joanne L
Sent: 16 November 2017 11:41
To: Panesar Charanjit <[16][email address]>; FOI
<[17][email address]>
Cc: Stuart Brough <[18][email address]>
Subject: FOI - 8388 Sampling Data - draft response

 

Good morning,

 

Well this one was a bit time consuming! I have gleamed the relevant date
from the UKFSS system and it is attached for review. It is not ready for
release in that it needs details used to filter the response down removed,
etc.

 

However, as you can see from the data, UKFSS only records where we have
taken a prosecution. Our internal system will probably (hopefully) have
more in relation to advice/warnings given. However as the request has not
asked for that I have not provided it. On the face of the data, I have
concerns that it looks as though we have done no “enforcement” yet
providing advice and written warnings only, would be within the scope or
both our enforcement policy (i.e. we have a graduated approach in that we
will seek to gain compliance before considering more serious action) and
within the scope of the FSA code of practice (i.e. that written advice on
food non-compliance is more likely to be a classed as a warning rather
than advice.

 

So I have a couple of options. The first is to withhold that aspect of the
data as it may impact our ability to investigate and take more formal
action for continued non-compliance. However, given that the most recent
data in this request is 11 months old, and we have no active investigation
on the back of those samples, then I think is it is a non-starter.

 

However, I feel there is a discussion around whether or not we should
release the data based on:

2015 – 44 samples taken, of which 13 were unsatisfactory (29.5% failure
rate)

2016 – 37 samples taken, of which 17 were unsatisfactory (45.9% failure
rate)

These figures show we have done less sampling (which is not a surprise as
budgets are cut) but finding more non-compliances (which could indicate
that our cuts have encouraged food businesses to cut corners on
compliance). Is there an argument that in disclosing this information
because:

·         We could be hampering future activity by encouraging more food
businesses to cut corners because even if we find out we aren’t going to
prosecute.

·         Could this information being made public put more consumers at
risk of harm?

·         Is there an argument that such activity would then further
stretch our already tight resources in tackling further food
non-compliances and taking resource away from other (potentially more
serious) offences?

Would this potentially fit within a Section 31 exemption? I am willing (as
always) to put more detail together about potential harm etc., but wanted
to check on thoughts before spending time writing something that wasn’t
going anywhere!

 

I know that the response date for this is not too close, however I am on
leave next week, so if I don’t get it finished tomorrow then I will not be
completing this one until I get back on the 27^th November. I’ll try and
bring some sunshine back with me J

 

Looking forward you your thoughts on this one.

 

Joanne

 

From: Smith Joanne L
Sent: 07 November 2017 11:53
To: Panesar Charanjit <[19][email address]>
Subject: Re: FOI - 8388 - FW: Sampling data

 

Hello Charan.

 

I believe some of this data has already previously been released. I would
be interested to know if it is the same requester. I'm currently waiting
for my laptop to do its updating so I can't check the info on previous
sampling foi's we've responded to.

Joanne 

Sent with BlackBerry Work ([20]www.blackberry.com)

show quoted sections

PE Business Development, Cambridgeshire County Council

Dear Jude,

 

FOI 8739 – Cambridge County Council PFI Waste Management Deal with Amey

 

I am writing with reference to your FOI request received on 20^th February
2018 regarding PFI Waste contract. We have considered your request under
the terms of the Freedom of Information Act and our response is below.

 

QUESTIONS AND ANSWERS

 

1a. How much rubbish is Amey contracted by Cambs County Council to manage
per year?

 

All local authority produced waste across Cambridgeshire with the
exception of the dry kerbside recycling which is managed by the city and
district councils.

 

1b. How much rubbish does CCC send to Amey/year?

 

In the financial year 2016 / 2017 Amey handled 266,000 tonnes of waste
through the PFI contract.

 

 

2. When does the contract end?

 

March 2036.

 

 

3. How much does this contract cost CCC per year?

 

In the financial year 2016 / 2017 the contract cost £32,400,000

 

 

4. Have annual contract costs changed (as county needs and waste taxes
have changed) since the contract was signed and if so by how much?

 

In 2008/09 (the first full contract year of the Waste PFI), £16.5 million
was budgeted for the Waste PFI. In 2016/17, the PFI contract cost the
authority £32.1 million.

 

Some of the main operational reasons behind this increase in cost are:

·       Development of the new Mechanical Biological Treatment facility to
process the County’s waste, rather than directly landfilling it

·       Our nine recycling centres are now managed through the PFI
contract (rather than separately)

·       Waste that was disposed of through other contracts is now managed
under the PFI contract

 

Other external factors behind this increase in cost are:

·       Indexation of contract costs

·       Increase in landfill tax costs (from £32/tonne in 2008/09 to
£84.40/tonne in 2016/17)

·       Increase in total waste production

 

Of the £15.6 million increase in PFI costs above, approximately 50% was
due to planned, operational changes outlined above, whilst the remaining
50% was largely due to the external factors.

 

 

5. What is the cost to CCC of terminating the contract?

 

The costs of terminating the contract would vary depending on the reasons
for terminating the contract, when the termination is triggered and the
level of capital investment unpaid at the point of termination.  The
actual cost would not be known until the actual event was triggered.

 

 

6. How much capital investment have Amey invested in the contract?

 

The information requested is considered to be commercially sensitive as,
if released, this could harm the competitive position of Amey for future
bidding work.

 

 

7. Does CCC have plans to reduce the waste business it sends to Amey or
send it to other management providers to introduce budget savings?

 

Through the waste PFI contract Amey have exclusivity to recycle, treat and
dispose of all waste from Household Recycling Centres and collected by
local authorities across Cambridgeshire with the exception of the dry
kerbside recycling. The County Council is continually working with Amey to
reduce the cost of dealing with Cambridgeshire’s waste and reduce the
quantity that ends up in landfill.

 

 

8. On what grounds can CCC terminate the contract (specifically what are
the break clauses in the contract)?

 

This information is publicly available through previous FOI requests.
Please see:

[1]http://files.whatdotheyknow.com/request/...

9. If Amey's application for a waste incinerator is approved by CCC will
this result in a whole new waste contract between CCC and Amey, or a
specific incineration contract?

 

The County Council is continually working to reduce its impact on the
environment and is continually investigating alternative disposal options
to landfill.  The alternatives could include treatment of Mechanical
Biological Treatment facility residues in any Energy from Waste facility
including the one proposed at Waterbeach.  The Council is still in
discussion with Amey on the arrangements for treating the waste we are
responsible for as a Waste Disposal Authority. These discussions are
completely separate to the planning process and any decision made.

 

10. How is the PFI deal funded?  Specifically who or what organisations
have invested and how much?

 

The PFI contract monthly payments are partly funded through CCC’s revenue
support grant and partly funded by PFI credits from Department for
Environment, Food & Rural Affairs (DEFRA).  In the financial year 2016 /
2017 these PFI credits totalled £2.700,000.  The contractor is required to
obtain funding for the infrastructure that they have to provide however
these details are commercially sensitive.

 

 

I hope this information is helpful but if you are unhappy with the service
you have received in relation to your request, please let me know.

 

Should you wish to make a formal complaint or request a review, you should
write to Information Management Team, at either
[2][Cambridgeshire County Council request email] or by post at Box OCT1224, Shire Hall,
Cambridge CB3 0AP within 40 days of the date of this e-mail.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, or via their website: [3]https://ico.org.uk/.

 

Generally, the ICO will not undertake a review or make a decision on a
request until the internal review process has been completed.

 

Regards

 

Charan Panesar

Business Development Officer

Policy and Business Development Team

Place & Economy, Cambridgeshire County Council

 

 

 

 

 

 

 

 

 

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Dear Charan and PE Business Development,

Thank you for your reply. May I please ask for further clarity on some of the questions.

1a. How much rubbish is Amey contracted by Cambs County Council to manage
per year?
Please can you specify actual amount contracted. 'All' of the waste from Cambs doesn't provide me with a quantity in my mind.

5. What is the cost to CCC of terminating the contract?

Please can you provide an example the cost to CCC of a break clause (e.g. operator having permit removed by Env Agency or other)?

6. How much capital investment have Amey invested in the contract?
In question 7 it is stated that 'Amey have exclusivity to recycle, treat and
dispose of all waste from Household Recycling Centres and collected by
local authorities across Cambridgeshire with the exception of the dry
kerbside recycling'.
It does not therefore follow that the answer to question 6 cannot be given due to commercial sensitivity and because it could harm Amey's competitive position for future work. Amey already have exclusivity, there appears no risk to commercial harm in disclosing this information.

9. If Amey's application for a waste incinerator is approved by CCC will
this result in a whole new waste contract between CCC and Amey, or a
specific incineration contract?
This question has not been answered directly- whole new contract or specific incinerator contract?

10. How is the PFI deal funded? Specifically who or what organisations
have invested and how much?

What were the DEFRA PFI credits for each financial year since 2012?

Thank you in advance,

Yours sincerely,

Jude Sutton

Dear Charan and PE Business Development,

A further related question please:

11.
When Amey was awarded the waste contract by CCC in 2008, were they selected for in a formal tender process?
If not, what process of selection was used by CCC?
If a formal tender process was used what other companies tendered for the contract?
Please can you provide a copy of the commissioning contract that was provided to all suppliers

Yours sincerely,

Jude Sutton

FOI, Cambridgeshire County Council

Dear Jude

Re: Freedom of Information Request ref 8929

Your request will be dealt with in line with the Freedom of Information
Act and its regulations. In accordance with the Act, the Council aims to
respond to all requests within 20 working days; ie by 9^th May.

Should we require further information, clarification or a fee in order to
fulfil your request we will contact you again. Please quote the reference
number above in all future correspondence concerning this request.

Yours sincerely,

 

David Price

Business Intelligence Team – Information and Records

Tel. 01223 743881, Email: [1][Cambridgeshire County Council request email]

Box No. OCT1224, Cambridgeshire County Council, Shire Hall, Cambridge, CB3
0AP

 

 

 

 

 

 

The information in this email is confidential and may be legally
privileged. It is intended solely for the addressee. If you receive this
email by mistake please notify the sender and delete it immediately.
Opinions expressed are those of the individual and do not necessarily
represent the opinion of Cambridgeshire County Council. All sent and
received email from Cambridgeshire County Council is automatically scanned
for the presence of computer viruses and security issues. Visit
[2]www.cambridgeshire.gov.uk

References

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Panesar Charanjit, Cambridgeshire County Council

7 Attachments

Dear Jude,

 

FOI 8929– Follow on Qs from FOI 8739 Cambridge County Council PFI Waste
Management Deal with Amey

I am writing with reference to your FOI request received on 9^th April
2018 regarding Follow on Questions from FOI 8739 Cambridge County Council
PFI Waste Management Deal with Amey. We have considered your request under
the terms of the Freedom of Information Act and our response is below.

 

FOI Request

          Dear Charan and PE Business Development,

 

Thank you for your reply.  May I please ask for further clarity on some of
the questions.

 

1a. How much rubbish is Amey contracted by Cambs County Council to manage
per year?

Please can you specify actual amount contracted. 'All' of the waste from
Cambs doesn't provide me with a quantity in my mind.

5. What is the cost to CCC of terminating the contract?

Please can you provide an example the cost to CCC of a break clause (e.g.
operator having permit removed by Env Agency or other)?

6. How much capital investment have Amey invested in the contract?

In question 7 it is stated that 'Amey have exclusivity to recycle, treat
and dispose of all waste from Household Recycling Centres and collected by
local authorities across Cambridgeshire with the exception of the dry
kerbside recycling'.

It does not therefore follow that the answer to question 6 cannot be given
due to commercial sensitivity and because it could harm Amey's competitive
position for future work.  Amey already have exclusivity, there appears no
risk to commercial harm in disclosing this information.

9. If Amey's application for a waste incinerator is approved by CCC will
this result in a whole new waste contract between CCC and Amey, or a
specific incineration contract?

This question has not been answered directly- whole new contract or
specific incinerator contract?

10. How is the PFI deal funded?  Specifically who or what organisations
have invested and how much?

What were the DEFRA PFI credits  for each financial year since 2012?

11. When Amey was awarded the waste contract by CCC in 2008, were they
selected for in a formal tender process? 

If not, what process of selection was used by CCC?

If a formal tender process was used what other companies tendered for the
contract?

Please can you provide a copy of the commissioning contract that was
provided to all suppliers

Thank you in advance,

 

Yours sincerely,

Jude Sutton

 

Questions/Responses

 1a. How much rubbish is Amey contracted by Cambs County Council to manage
per year?

Please can you specify actual amount contracted. 'All' of the waste from
Cambs doesn't provide me with a quantity in my mind.

 

Please see previous response to questions 1a) and 1b) of FOI request 8739

1a) All local authority produced waste across Cambridgeshire with the 
exception of the dry kerbside recycling which is managed by the city and 
district councils.

1b) In the financial year 2016 / 2017 Amey handled 266,000 tonnes of
waste  through the PFI contract.

 

5. What is the cost to CCC of terminating the contract?

Please can you provide an example the cost to CCC of a break clause (e.g.
operator having permit removed by Env Agency or other)?

 

The example quoted of, the operator having permit removed by Environment
Agency or other, would not lead to termination of the contract, therefore
the council does not hold this information.

 

6. How much capital investment have Amey invested in the contract?

In question 7 it is stated that 'Amey have exclusivity to recycle, treat
and dispose of all waste from Household Recycling Centres and collected by
local authorities across Cambridgeshire with the exception of the dry
kerbside recycling'.

It does not therefore follow that the answer to question 6 cannot be given
due to commercial sensitivity and because it could harm Amey's competitive
position for future work.  Amey already have exclusivity, there appears no
risk to commercial harm in disclosing this information.

 

The information requested is considered to be commercially sensitive as
Amey’s approach to structuring their proposals is their intellectual
property.  If released, this information could provide other waste
companies with a competitive advantage when competing against Amey for
other local authority contracts. This relates to other non-contract waste
within Cambridgeshire or contracts in other counties as the exclusivity is
only in relation to contract waste that Cambridgeshire County Council have
responsibility for.

 

9. If Amey's application for a waste incinerator is approved by CCC will
this result in a whole new waste contract between CCC and Amey, or a
specific incineration contract?

This question has not been answered directly- whole new contract or
specific incinerator contract?

 

Neither as the original waste PFI contract makes provision for the
Contractor to propose a sub-contracting arrangement for material to be
used as a Refuse Derived Fuel.

 

10. How is the PFI deal funded?  Specifically who or what organisations
have invested and how much?

 

See previous answer to question 10 of FOI request 8739

 

What were the DEFRA PFI credits  for each financial year since 2012?

 

2012/13: £2,691,473

2013/14: £2,691,473

2014/15: £2,691,473

2015/16: £2,691,473

2016/17: £2,691,473

2017/18: £2,611,473

 

11. When Amey was awarded the waste contract by CCC in 2008, were they
selected for in a formal tender process? 

 

Yes the procurement followed both Cambridgeshire County Council and
European Union procurement regulations that existed at that date.

 

If not, what process of selection was used by CCC?

 

N/A

 

If a formal tender process was used what other companies tendered for the
contract?

 

Estech, Focsa, Global Olivine, NEWS, Shanks, Viridor and WRG

 

Please can you provide a copy of the commissioning contract that was
provided to all suppliers

 

Attached are the Pre-Qualification Questionnaire (PQQ) and Invitation to
Supply Outline Proposals (ISOP) the commissioning contract documents that
was provided to all suppliers.

 

 

I hope this information is helpful but if you are unhappy with the service
you have received in relation to your request, please let me know.

 

Should you wish to make a formal complaint or request a review, you should
write to Information Management Team, at either
[1][Cambridgeshire County Council request email] or by post at Box OCT1224, Shire Hall,
Cambridge CB3 0AP within 40 days of the date of this e-mail.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, or via their website: [2]https://ico.org.uk/.

 

Generally, the ICO will not undertake a review or make a decision on a
request until the internal review process has been completed.

 

Regards

 

Charan Panesar

Business Development Officer

Policy and Business Development Team

Place & Economy, Cambridgeshire County Council

 

 

 

 

 

 

 

 

The information in this email is confidential and may be legally
privileged. It is intended solely for the addressee. If you receive this
email by mistake please notify the sender and delete it immediately.
Opinions expressed are those of the individual and do not necessarily
represent the opinion of Cambridgeshire County Council. All sent and
received email from Cambridgeshire County Council is automatically scanned
for the presence of computer viruses and security issues. Visit
[3]www.cambridgeshire.gov.uk

References

Visible links
1. mailto:[Cambridgeshire County Council request email]
2. https://ico.org.uk/
3. http://www.cambridgeshire.gov.uk/

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