Ref. Ares(2020)3339094 - 26/06/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL INFORMATICS
The Acting Director-General
Brussels, Date as postmark
DIGIT.A.3.001
Mr Mathias Schindler
Bundestagsbüro Julia Reda, MdEP
Unter den Linden 50
DE-11011 Berlin
By email with acknowledgment of
receipt to:
ask+request-8151-
xxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – GESTDEM 2020/3467
Dear Mr Schindler,
We refer to your email of 08 June 2020 in which you make a request for access to
documents, registered on 08 June 2020 under the above-mentioned reference number.
You request access to all documents related to
“Palantir and its products and services,
including
a) meeting records (drafts, memos, invitations, appointments, cancellations)
involving Palantir officials and people representing Palantir and their interests;
b) correspondence (including within the [Authority name] and with the European
institutions concerning Palantir technologies and / or its products and services or
the regulatory environment of the EU that affects their products and services.
This may include policy papers, consultation input, memoranda or any other form
of information.
c) invoices, tenders, service agreements, purchases, orders, procurement
documents, offers etc. concerning products and services using Palantir
Technologies.”
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Commission européenne, 2920 Luxembourg, LUXEMBOURG - Tel. +352 43011
Office: MO15 07/P001 - Tel. direct line +352 4301-58522
The following documents have been identified by DIGIT as falling within the scope of your
application:
1. Side II Survey (Ref. Ares(2018)2179884) - Export date: 23-04-2018 (Survey
concluded by DIGIT for the participation of other EU Institutions, bodies, agencies
and offices in the “SIDE II” procurement procedure, directed at concluding
framework contracts with resellers of software products);
2. Product Pricelist provided by SAP Belgium N.V. to the EUIs in the context of the
negotiated procedure DIGIT/R2/2014/013/SAP (Ref. Ares(2014)3891599 -
21/11/2014).
The first document had surveyed the software needs of different EU Institutions, bodies,
agencies and offices in preparation of a procurement procedure. The survey entry relevant to
your request originates from an EU agency and more specifically, the European Union
Agency for Law Enforcement Cooperation (EUROPOL).
The second document originates from SAP Belgium N.V.
Both the originators of the identified documents have been consulted, in accordance with
Article 4(4) of Regulation (EC) No 1049/2001 (“Regulation”).
1. Access to Side II Survey (Ares(2018)2179884)
Following an examination of the above document under the provisions of the Regulation
and taking into account the opinion of the third party, I regret to inform you that access to
such document cannot be granted, as disclosure is prevented by exceptions to the right of
access laid down in Article 4(3) of this Regulation.
Following consultation with EUROPOL, we have been informed that the document
contains an opinion for internal use as part of deliberations and preliminary consultations
within EUROPOL, in preparation of a procurement procedure. The disclosure of this
opinion would undermine the decision-making process at EUROPOL, as it would reveal an
assessment which is outdated.
We have considered whether partial access could be granted to the document requested.
Nevertheless, the specific passage, which falls within the abovementioned exception, is the
only passage of the document, which includes the word “
Palantir”. Therefore, its redaction
would render the document out of the scope of your request.
The exception laid down in Article 4(3) of the Regulation apply unless there is an
overriding public interest in disclosure of the document. DIGIT examined whether there
could be an overriding public interest in disclosure, but have not been able to identify such
an interest.
2. Access to SAP Pricelist (Ares(2014)3891599 - 21/11/2014)
Having examined the aforementioned document requested under the provisions of the
Regulation and taking into consideration the opinion of the third party, I have come to the
conclusion that this document may only be partially disclosed.
The only part of the document which is relevant and falls within the scope of your request
constitutes a line in the pricelist which includes the word “Palantir”. The rest of the
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information included in this document fall outside the scope of your request and has been
blanked.
Also other parts of the (in scope) document have been blanked out, as their disclosure is
prevented by the exception to the right of access laid down in Article 4(2) first indent of this
Regulation.
According to Article 4(2) first indent of the Regulation 1049/2001 “
The institutions shall
refuse access to a document where disclosure would undermine the protection of
commercial interests of a natural or legal person, including intellectual property”.
The aforementioned document includes information related to the prices of the products
provided by SAP, which constitutes commercially sensitive information of SAP. The
disclosure of such information would undermine SAP’s commercial interests, as putting this
information in the public domain would affect its competitive position on the market.
The exceptions laid down in Article 4(2) of the Regulation apply unless there is an
overriding public interest in disclosure of the document. DIGIT examined whether there
could be an overriding public interest in disclosure, but have not been able to identify such
an interest.
After consultation with the SAP on the disclosure of the document, I would like to inform
you that, according to SAP, there is no record that any EUI participating in the relevant
framework contract has ever acquired the product indicated in the document via this
framework contract. Furthermore, according to SAP, the partnership between SAP and
Palantir Technologies Inc. has been terminated.
3. Means of redress
In accordance with Article 7(2) of Regulation (EC) No 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 Secretary-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 faithfully,
(e –signed)
Mário Campolargo
Enclosure:
Pricelist provided by SAP to the EUIs in the context of the negotiated
procedure DIGIT/R2/2014/013/SAP (commercially sensitive
information redacted)
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Electronically signed on 25/06/2020 21:15 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563