Ref. Ares(2020)3580458 - 07/07/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
TECHNOLOGY
Resources and Support
Compliance and Planning
Head of Unit
Brussels,
CNECT/R4
Ms Margarida da Silva
Corporate Europe Observatory
Rue d'Edimbourg 26
1050 Bruxelles
Belgique
Advance copy by e-mail:
ask+request-7979-
xxxxxxxx@xxxxxxxx.xxx
REGISTERED MAIL WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your application for access to documents – GestDem 2020/2996
Dear Ms Da Silva,
We refer to your request for access to documents introduced pursuant to Regulation (EC)
No 1049/2001 regarding public access to European Parliament, Council and Commission
documents (‘Regulation 1049/2001’) via the Register of Commission Documents on
18/05/2020 and registered on the same date under the above-mentioned reference
number. We also refer to our email dated 11/06/2020 (our reference,
Ares(2020)3038751) whereby we informed you that the time limit for handling your
application was extended by 15 working days pursuant to Article 7(3) of Regulation
1049/2001.
1. SCOPE OF YOUR APPLICATION
In your application, you request access to:
- ‘[…]
all documents - including but not limited to minutes, (hand-written) notes, audio
recordings, verbatim reports, operational conclusions, lines to take, e-mails, and
presentations - related to the meetings Commissioner Breton and members of his Cabinet
have held with interest representatives since 01 March 2020;
- All correspondence (i.e. any emails, correspondence, telephone call notes, and/or text
messages including WhatsApp exchanges) between Commissioner Breton and members
of his Cabinet have held with interest representatives since 01 March 2020.’
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Given the potential large number of documents falling within the scope of your request,
on 12/05/2020 we contacted you to find a fair solution based on Article 6(3) Regulation
1049/2001 (our reference Ares(2020)3053916). We asked you to reduce the scope of
your application in such a way that would enable its treatment within the extended
deadline of 15+15 working days by specifying the meetings held by Commissioner
Thierry Breton and/or members of his Cabinet with interest representatives.
In your response of 19/05/2020, you proposed to reduce the scope of the request to all
documents relating to the following 20 meetings:
20/03/2020
Teleconference
The Walt Disney Company Benelux BVBA
19/03/2020
Teleconference
Google
19/03/2020
Teleconference
Netflix International B.V.
11/03/2020
Brussels, Belgium
BUSINESSEUROPE
10/03/2020
Brussels, Belgium
Honeywell Europe NV (HON)
3M (3M)
01/04/2020
Teleconference
Leonardo S.p.A.
DASSAULT AVIATION
MBDA
Indra (Indra)
ASD-Eurospace (Eurospace)
SAFRAN
Airbus
HENSOLDT Holding Germany
26/03/2020
Teleconference
European Round Table for Industry (ERT)
26/03/2020
Videoconference
European Association Automotive Suppliers (CLEPA)
Association des Constructeurs Européens d'Automobiles (ACEA)
25/03/2020
2
Videoconference
MONDRAGON CORPORACION COOPERATIVA S. COOP (MONDRAGON
S. COOP)
Koninklijke Philips (Philips)
Medtronic (Medtronic)
Siemens AG (SAG)
ResMed (RMD)
General Electric Company (GE)
Bayerische Motoren Werke Aktiengesellschaft (BMW Group)
Leonardo S.p.A.
Smiths Group plc
Saab AB
FUNDACION CLUSTER AUTOMOCIÓN DE GALICIA CEAGA (CEAGA)
Daimler Aktiengesellschaft (DAI)
SAFRAN
Airbus
Vyaire Medical (Vyaire)
thyssenkrupp Steel Europe AG (tk SE)
20/04/2020
videoconference
Peugeot S.A.
Scania AB (publ) (Scania)
RENAULT
Fiat Chrysler Automobiles (FCA)
Northvolt
Association des Constructeurs Européens d'Automobiles (ACEA)
European Association Automotive Suppliers (CLEPA)
Bayerische Motoren Werke Aktiengesellschaft (BMW Group)
the automotive industry ecosystem - recovery measures
15/04/2020
Videoconference
Google
Tracing apps and privacy of individuals
28/04/2020
Videoconference
L'Oréal
22/04/2020
videoconference
Apple Inc.
21/04/2020
Videoconference
EuroCommerce
IKEA Services B.V. (Ingka Group (IKEA))
Independent Retail Europe (formerly UGAL - Union of Groups of Independent
Retailers of Europe)
21/04/2020
3
Videoconference
DIGITALEUROPE (DE)
11/05/2020
Videoconference
Telefonica, S.A.
05/05/2020
Videoconference
European Utilities Telecom Council (EUTC)
28/04/2020
Videoconference
American Chamber of Commerce to the European Union (AmCham EU)
18/05/2020
Livestream debate
Facebook Ireland Limited (FB-I)
13/05/2020
Videoconference
Association des Constructeurs Européens d'Automobiles (ACEA)
European Association Automotive Suppliers (CLEPA)
Given that the meetings you have selected fall within the remit of different Commission
services, you have been informed that the initial access to document request has been
split between three different Directorate Generals (our ref. Ares(2020)3258587):
- DG CONNECT will handle part of your request under Gestdem 2020/2996;
- DG GROW will handle part of your request under Gestdem 2020/3792;
- DG DEFIS will handle part of your request under Gestdem 2020/3793.
The meetings falling within the remit of DG CONNECT are the following:
20/03/2020
Teleconference
The Walt Disney Company Benelux BVBA
19/03/2020
Teleconference
Google
19/03/2020
Teleconference
Netflix International B.V.
15/04/2020
Videoconference
Google
Tracing apps and privacy of individuals
28/04/2020
4
Videoconference
L'Oréal
22/04/2020
videoconference
Apple Inc.
21/04/2020
Videoconference
DIGITALEUROPE (DE)
11/05/2020
Videoconference
Telefonica, S.A.
05/05/2020
Videoconference
European Utilities Telecom Council (EUTC)
18/05/2020
Livestream debate
Facebook Ireland Limited (FB-I)
2. DOCUMENTS FALLING WITHIN THE SCOPE OF YOUR REQUESTS
The following documents have been identified as falling within the scope of your request
for DG CONNECT, as restricted in the fair solution:
19/03/2020 – Teleconference - Netflix International B.V.
Document 1: Notes of the audio meeting with Netflix (our ref.
Ares(2020)3246615)
Document 2: Email from Netflix to Commissioner Breton (cover letter) (our ref.
Ares(2020)805701)
Document 3: Letter from Netflix - Meeting request (our ref. Ares(2020)805701)
28/04/2020 – Videoconference - L'Oréal
Document 4: Briefing note (our ref. Basis CAB Breton/200)
21/04/2020 – Videoconference - DIGITALEUROPE (DE)
Document 5: Briefing note (our ref. BASIS CAB Breton/237).
Document 6: Minutes of the VC with Digital Europe (our ref.
Ares(2020)3431648)
Document 7: DRAFT - Recommendations - Advisory Council_DRAFT
FINAL_with numbers (Draft recommendations of policy actions prepared by
DIGITAL EUROPE before the meeting and shared with the Cabinet of
Commissioner Breton). (our ref. Ares(2020)3431648)
5
18/05/2020 - Livestream debate - Facebook Ireland Limited (FB-I)
Document 8: Briefing note (our ref. Basis 276)
3. ASSESSMENT UNDER REGULATION 1049/2001
Having examined the documents requested under the provisions of Regulation 1049/2001,
we have arrived at the conclusion that
2 documents can be
fully disclosed and
6
documents can be
partially disclosed.
a) Full access
Documents 5 and
7 can be fully released.
b) Partial access
Documents 1-4, 6 and 8 contain personal data, in particular:
-
names, functions and contact details of EC staff not occupying senior management
posts
-
names, functions, handwritten signatures and contact details of other natural
persons.
A complete disclosure of these 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 1049/2001.
Article 9(1)(b) of the Data Protection Regulation1 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 not express any particular interest to have access to these personal data nor do you put
forward any argument to establish the necessity to have the data transmitted for a specific
purpose in the public interest.
Consequently, we conclude that, pursuant to Article 4(1)(b) of Regulation 1049/2001,
access cannot be granted to the personal data contained in the requested documents, as the
need to obtain access thereto for a purpose in the public interest has not been substantiated
and there is no reason to think that the legitimate interests of the individuals concerned
would not be prejudiced by disclosure of the personal data concerned.
4. REUSE OF DOCUMENTS
You may reuse the disclosed documents which have been produced by the European
Commission or by public and private entities in line with the provisions of the
Commission Decision on the reuse of Commission documents. You may reuse these
documents free of charge and for non-commercial and commercial purposes provided
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39
6
that the source is acknowledged and that you do not distort the original meaning or
message of the documents. Please note that the Commission does not assume liability
stemming from the reuse.
Documents originating from third parties are disclosed based on Regulation 1049/2001.
The disclosure is without prejudice to the rules on intellectual property, which may limit
your right to reproduce or exploit the released documents without the agreement of the
originator, who may hold an intellectual property right on them. The European
Commission does not assume any responsibility from their reuse
5. CONFIRMATORY APPLICATION
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review this position. 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
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
e-signed
Martin Schauer
p.o.Katleen Engelbosch
Enclosures:
(8)
7
Electronically signed on 07/07/2020 17:18 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563