C(2018) 3996 final
Ms Julia REDA
Member of the European Parliament
Altiero Spinelli Building 05F158
60, rue Wiertz
DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE
IMPLEMENTING RULES TO REGULATION (EC) NO 1049/20011
Subject: Your confirmatory application for access to documents under Regulation
(EC) No 1049/2001 - GESTDEM 2018/1912
Dear Ms Reda,
I am writing in reference to your email of 25 May 2018, registered on 31 May 2018, by
which you lodge a confirmatory application in accordance with Article 7(2) of Regulation
1049/2001 regarding public access to European Parliament, Council and Commission
documents2 (hereafter ‘Regulation 1049/2001’).
SCOPE OF YOUR APPLICATION
In your initial application of 4 April 2018, addressed to the Directorate-General for
Competition and registered under reference number GESTDEM 2018/1912, you requested
- ‘all copyright related information sent from or to the DG COMP email account
referenced in the “From” line of the 2018 email in Ares(2018)1186485’;
- ‘all copyright-related information sent from or to the DG COMP email account
referenced in the “To” line of the 2018 email in Ares(2018)1186485’.
Official Journal L 345, 29.12.2001, p. 94.
2 Official Journal L 145, 31.05.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 229 91111
Document Ares(2018)1186485, to which you refer in your application, contains a
transmission email of 15 February 2018, by which an earlier email dated 28 June 2016 from
a staff member of the Joint Research Centre to several staff members of the European
Commission was sent and received by one and the same email account held by an official of
the Directorate-General for Competition. This email has been partially disclosed in the
context of confirmatory decision C(2018)2107 final of 3 April 2018, adopted in reply to
your previous confirmatory applications with reference numbers GESTDEM 2017/7583,
7585 and 7593.3
In its initial reply dated 25 May 20184, the Directorate-General for Competition pointed out
that ‘the only email’ [concerning the above-mentioned email from the Joint Research Centre
of 28 June 2016] ‘or concerning copyright or neighbouring rights for press publishers’ was
the above-mentioned transmission email registered under reference Ares(2018)1186485. It
concluded that there was ‘no other relevant email to or from the account of that official’.
Through your confirmatory application of 25 May 2018, you request access to the
‘[c]ommunication between two DG COMP officials concerning copyright’.
In view of the link with your previous confirmatory applications mentioned above,
I understand your current request to imply that you would like the European Commission to
verify whether it holds any further documents in the context of document
Ares(2018)1186485, i.e. further messages on copyright or neighbouring rights for press
publishers sent or received by the email-account referred to in that document, which qualify
as documents held by the European Commission in the sense of Article 2(3) of Regulation
When assessing a confirmatory application for access to documents submitted pursuant to
Regulation 1049/2001, the Secretariat-General conducts a fresh review of the reply given by
the Directorate-General concerned at the initial stage.
Against this background, the European Commission has carried out a renewed, thorough
search for documents that would fall within the scope of your confirmatory application as
Following this renewed search, I confirm that the European Commission does not hold any
further documents in this sense.
Indeed, as specified in Article 2(3) of Regulation 1049/2001, the right of access as defined
in that regulation applies only to existing documents in the possession of the institution.
Given that the European Commission does not hold any such documents corresponding to
the description given in your application, it is not in a position to handle your request.
3 These applications related to documents ‘concerning copyright or neighbouring rights for press
4 On 25 April 2018, the Directorate-General for Competition had sent you a request for clarification to
which you replied on 26 April 2018 by maintaining your initial application.
Finally, I draw your attention to the means of redress available against this decision. You
may either bring proceedings before the General Court or file a complaint with the
European Ombudsman under the conditions specified respectively in 263 and 228 of the
Treaty on the Functioning of the European Union.
For the European Commission