Ref. Ares(2022)1182451 - 17/02/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
SG.D.1 - Digital Transition, Industry & Single Market
SG.D.1/EW
Naomi Hirst,
Global Witness
Rue Belliard 53
1000 Bruxelles
Belgique
Email
: ask+request-10470-
xxxxxxxx@xxxxxxxx.xxx
Dear Ms Hirst,
Subject:
Your application for access to documents – GESTDEM 2022/0095
We refer to your request for access to documents on 7 January 2022, registered under the
above-mentioned reference number.
You request access to “
All documents—including but not limited to correspondence,
emails, minutes, notes (hand written or electronic), audio or video recordings, verbatim
reports, operational conclusions, lines to take, briefings, and presentations—related to
the meeting on 2021-11-17 between Margrethe Vestager and Google”.
We have identified the following documents responsive to your request:
1. Ares 2021 70639933 – e-mail exchange about the meeting request, including
original meeting request
2. Ares 2021 7122040 – briefing for EVP Vestager, in particular
o
2a EU-US Trade and Technology Council Inaugural Joint Statement
o
2b Briefing on EU-US Trade and Technology Council
o
2c Briefing on Cloud
o
2d Briefing on Digital Services Act
o
2e Steering brief
o
2f Table of content
3. Ares 2021 7269680 – meeting memo
4. Ares 2021 7122040 – meeting report
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
The full disclosure of these identified documents is prevented by the exception
concerning the protection of privacy and the integrity of the individual outlined in Article
4(1)(b) of Regulation (EC) No 1049/2001, because they contain personal data.
Article 9(1)(b) of the Data Protection Regulation (Regulation 2018/1725) does not allow
the transmission of these personal data, except if you prove that it is necessary to have
the data transmitted to you for a specific purpose in the public interest and where there is
no reason to assume that the legitimate interests of the data subject might be prejudiced.
In your request, you do neither express any particular interest to have access to these
personal data, nor put forward arguments to establish the necessity to have the data
transmitted for a specific purpose in the public interest.
Document 2b, briefing on EU-US Trade and Technology Council includes information
related to the international relations of the EU, the disclosure of which would undermine
the protection of the public interest as regards international relations. There is a material
risk that the disclosure of the information would affect the relationship with third
countries negatively and as a result, would affect the mutual trust between the EU and the
US and thus undermine their relations in relation to the discussions in the Trade and
Technology Council. Therefore, the document is partly redacted in accordance with in
Article 4(1) a) of Regulation (EC) No 1049/2001.
Document 2c, briefing on Cloud includes information related to the on-going decision-
making process of the Commission. Its disclosure would reveal preliminary views and
policy options which are currently under consideration and would consequently undermine
the institution's decision-making process. Therefore, this information is redacted
following the exception to the right of access laid down in Article 4(3) of Regulation
(EC) No 1049/2001.
Document 3, meeting memo is a part of Antitrust, Merger and State aid case files at various
procedural stages. Given that a general presumption of non-disclosure is applicable to
such proceedings, access to this document is refused in its entirety under the exception
related to the protection of the purpose of the Commission's competition investigations set
out in Article 4(2), third indent of Regulation 1049/2001.
Document 4 was drawn up for internal use under the responsibility of the relevant
services of the European Commission. It solely reflects the author's interpretation of the
interventions made and does not set out any official position of the third parties to which
the document refers, which were not consulted on its content. It does not reflect the
position of the Commission and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit a confirmatory application requesting
the Commission to review this position.
2
Such a confirmatory application should be addressed within 15 working days upon
receipt of this letter to the Secretariat-General of the Commission at the following
address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Elisabeth WERNER
Director (acting)
Enclosure:
disclosed documents
3
Electronically signed on 17/02/2022 09:36 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482