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Correspondence with processor company

We're waiting for Laurens Cerulus to read a recent response and update the status.

Dear Secretariat General of the European Commission,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

All correspondence (including emails, letters and other forms of correspondence) between the European Commission and ASML on the topic of European public policy on semiconductors, in the period October 1, 2020 until February 15, 2021.

You may exclude correspondence related to specific projects funded under the EU's Horizon 2020 or previous funding programs that ASML is/was involved in.

Yours faithfully,

Laurens Cerulus
Reporter, POLITICO
Rue de la Loi 62
1040 Brussels
+32 498 60 68 16

ve_sg.accessdoc (SG), Generalsekretariat der Europäischen Kommission

[1]Ares(2021)1271085 - RE: access to documents request - Correspondence
with processor company --- Ref. Gestdem 2021/728

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

We hereby acknowledge receipt of your application for access to documents,
which was registered on 15/02/2021 under reference number GESTDEM
2021/728.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days.

The time limit will expire on 08/03/2021. In case this time limit needs to
be extended, you will be informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union.
Therefore, the European Commission cannot be held accountable for any
technical issues or problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission.
For further information on your rights, please refer to the third party’s
privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
Privacy statement – access to documents.

Yours faithfully,

Access to documents team (rc)
SG.C.1
Transparency

Zitate anzeigen

ve_sg.accessdoc (SG), Generalsekretariat der Europäischen Kommission

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2021)1293511 - FW: Ares(2021)1271085 - RE: access to documents
request - Correspondence with processor company --- Ref. Gestdem 2021/728
& Gestdem 2021/745

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

We hereby acknowledge receipt of your application for access to documents,
which was registered on 15/02/2021 under reference number:

 

* GESTDEM 2021/728 for documents concerning DG GROW and

 

* GESTDEM 2021/745 for documents concerning DG EMPL.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days.

The time limit will expire on 08/03/2021. In case this time limit needs to
be extended, you will be informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union.
Therefore, the European Commission cannot be held accountable for any
technical issues or problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission.
For further information on your rights, please refer to the third party’s
privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
Privacy statement – access to documents.

Yours faithfully,

Access to documents team (rc)
SG.C.1
Transparency

 

From: ve_sg.accessdoc (SG) <[SG request email]>
Sent: Monday, February 15, 2021 5:21 PM
To: Laurens Cerulus <[FOI #9084 email]>
Subject: Ares(2021)1271085 - RE: access to documents request -
Correspondence with processor company --- Ref. Gestdem 2021/728

 

[5]Ares(2021)1271085 - RE: access to documents request - Correspondence
with processor company --- Ref. Gestdem 2021/728

 

Sent by ve_sg.accessdoc (SG) <[6][SG request email]>. All responses
have to be sent to this email address.

Envoyé par ve_sg.accessdoc (SG) <[7][SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

We hereby acknowledge receipt of your application for access to documents,
which was registered on 15/02/2021 under reference number GESTDEM
2021/728.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days.

The time limit will expire on 08/03/2021. In case this time limit needs to
be extended, you will be informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union.
Therefore, the European Commission cannot be held accountable for any
technical issues or problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission.
For further information on your rights, please refer to the third party’s
privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
Privacy statement – access to documents.

Yours faithfully,

Access to documents team (rc)
SG.C.1
Transparency

Zitate anzeigen

ve_cnect.public_access_to_documents (CNECT), Generalsekretariat der Europäischen Kommission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2021)1698835 - Your applications for access to documents
RefGestDem 2021/0725, 2021/0726, 2021/0727, 2021/0728, 2021/0729,
2021/0730 – Extension of the deadlines and proposal for a fair solution

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mr Cerulus,

 

We refer to your e-mails of 15 February 2021 wherein you make six requests
for access to documents pursuant to Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents
(‘Regulation 1049/2001’), registered  under the above-mentioned reference
numbers.

 

By your application RefGestDem 2021/0725 you requested access a) to the
meeting minutes of the "Roundtable skills on Microelectronics" held by
Commissioner Thierry Breton on 05/10/2020 with semiconductor companies and
b) all correspondence between the Commission and the companies present at
the roundtable prior to and after the roundtable, related to the topics of
discussion that were discussed at the roundtable.

 

By your application RefGestDem 2021/0726 you requested access to a) the
meeting minutes of the "Roundtable on Processors" held by Commissioner
Thierry Breton on 27/11/2020 with semiconductor companies and b) all
correspondence between the Commission and the companies present at the
roundtable prior to and after the roundtable, related to the topics of
discussion that were discussed at the roundtable.

 

By your applications RefGestDem 2021/0727, 2021/0728, 2021/0729, 2021/0730
you requested access to all correspondence (including emails, letters and
other forms of correspondence) between the European Commission and a)
Infineon Technologies, b) ASML , c) NXP Semiconductors, d)
STMicroelectronics, respectively, on the topic of European public policy
on semiconductors, in the period October 1, 2020 until February 15, 2021.
You also indicated that we may exclude correspondence related to specific
projects funded under the EU's Horizon 2020 or previous funding programs
that the abovementioned companies are/were  members of.

 

Your applications concern a very large number of documents. At this stage,
according to our estimate  two documents relating to the minutes of the
Roundtables and approximately 49 email exchanges (with some of them
accompanied by one or more attachments) related to the relevant policy
topic would fall within the scope of your requests. Therefore, we will not
be in a position to complete the handling of your applications within the
time limit of 15 working days which expires today and we have to extend
the time limit by another 15 working days in accordance with Article 7(3)
of Regulation 1049/2001. The new time limit for all six applications
expires on 29 March 2021.

 

The circumstances of the introduction of these requests, their timing,
their scope, as well as their wording give the impression  that you made a
very wide-scope request by introducing parts of it as seemingly separate
requests.

 

In this respect, the Court of First instance (now ‘General Court’)
confirmed in its Ryanair judgment (Judgment of the General Court of 10
December 2010, Ryanair v Commission, T- 494/08, EU:T:2010:511, paragraph
34) that Article 6(3) may not be evaded by splitting an application into
several, seemingly separate, parts. As stated by the EU Courts, the
European Commission needs to respect the principle of proportionality and
ensure that the interest of the applicant for access is balanced against
the workload resulting from the processing of the application for access
in order to safeguard the interests of good administration.

 

Due to the scope of your requests, the work needed to deal with your
applications would cover the following steps:

-   Individual analysis of the documents and establishment of the final
and complete list of the documents falling under the scope of your
requests,

  - Scanning of the documents which are not in pdf format, 

- Preliminary individual assessment of the content of the documents in
light of the exceptions contained in Article 4 of Regulation 1049/2001,

 - For many of the documents, third party consultations under Article 4(4)
and/or 4(5) of Regulation 1049/2001, 

- Final assessment of the documents in light of the comments received,

 - Redaction of those parts of the documents to which one or several
exceptions apply,

- Preparation and finalisation of the reply for the requests,

 - Preparation of the reply and the documents for dispatch.

 

It follows from the above that the work needed for the treatment of your
requests cannot expected to be completed within the normal time limit set
out in Article 7 of Regulation 1049/2001.

 

Article 6(3) of the Regulation 1049/2001 provides that, in the event of an
application relating to a very long or a very large number of documents,
the institution concerned may confer with the applicant informally with a
view to finding a fair solution. In accordance with the case law of the
Union Courts, the proposal for a fair solution aims to balance the
interest of the applicant against the workload resulting from the
processing of the application in order to safeguard the interests of good
administration (Judgments of 6 December 2001, Council v Hautala, Case C
353/99 P, EU:C:2001: 661, para. 30, and of 2 October 2014, Strack v
Commission, Case C 127/13 P, EU:C:2014:2250, para.27). Such solution can
only concern the content or the number of documents applied for, not the
deadline for replying (Judgment of the Court of Justice of 2 October 2014
in case C- 127/13, Guido Strack v Commission, paragraphs 26-28). This
means that the scope of the request must be reduced in a way that would
enable its treatment within the extended deadline of 15 + 15 working days.

 

Taking this into account and based on the above-mentioned provision, we
would kindly ask you to specify the objective of your requests, your
specific interest in the requested documents and whether you could narrow
down the scope of your requests, so as to reduce it to a more manageable
amount of documents.

 

In order to help you narrow down your wide scope requests please find
below a list of the identified documents and the approximate number of
documents per category:

-              Minutes of the Roundtable on 5 October 2020 : 1

-              Minutes of the Roundtable on 27 November 2020 : 1

-              Email exchanges with  ASML : approximately 11

-              Email exchanges with Infineon: approximately 10

-              Email exchanges with NXP: approximately 10

-              Email exchanges with ST Microelectronics : approximately 6

-              Email exchanges with all abovementioned companies:
approximately 12

 

Please note that some of the abovementioned email exchanges contain one or
more documents in attachments that need to be assessed individually.

 

Taking into account the other ‘access to documents’ requests being handled
within DG CONNECT at the same time, the global workload of the concerned
staff during the same period, the human resources available and the need
to safeguard good administration, we consider that in the remaining
timeframe we would be able to deal with a  maximum of  15 documents.

 

In order to enable us to respect the time limits of Regulation 1049/2001,
we would ask you for a swift response to our proposal for a fair solution.
Please respond within three working days, i.e. by Thursday 11 March 2021
cob, at the latest.    Please send your response by email to the following
address:  [6][email address]

 

In the absence of a reply within three working days, we will unilaterally
restrict the scope of your applications to those parts that can be dealt
with within the extended deadline of 30 working days counting from the
date of registration of your applications. 

  

Thank you in advance for your cooperation. 

 

The DG CONNECT Access to Documents Team

 

[7]cid:image001.png@01D3AF19.959C0670

European Commission

DG Connect – ACCESS TO DOCUMENTS

BU25 – Avenue de Beaulieu 25

B-1160 Brussels/Belgium

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D7143F.F5DD3890
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. mailto:[email address]

Dear ve_cnect.public_access_to_documents (CNECT),

As to your suggestion to specify the objective of my requests:

I am interested in correspondence relating to policy discussions and positions specifically, meaning I am not interested in correspondence that merely deals with planning, logistics or preparation of interactions between the companies and the Commission (like the roundtables).

Therefore I can suggest the following to be included in the response to my query:
Minutes of the Roundtable on 5 October 2020
Minutes of the Roundtable on 27 November 2020
All attached text or presentation documents (.pdf, .doc, .docx, .ppt, .pptm and similar formats) in the email exchanges
Emails that include positions or statements of companies regarding EU policy specifically.

I would presume this eliminates all planning emails, back-and-forth coordination, etc. and thus reduces the amount of information to a manageable amount.

Yours sincerely,

Laurens Cerulus

ve_empl.01(EMPL), Generalsekretariat der Europäischen Kommission

1 Attachment

Please find attached document Ares(2021)1710162 from KORTE Joost (EMPL) dated 09/03/2021.

Veuillez trouver ci-joint le document Ares(2021)1710162 de KORTE Joost (EMPL) daté du 09/03/2021.

ve_cnect.public_access_to_documents (CNECT), Generalsekretariat der Europäischen Kommission

[1]Ares(2021)1722662 - RE: Ares(2021)1698835 - Your applications for
access to documents RefGestDem 2021/0725, 2021/0726, 2021/0727, 2021/0728,
2021/0729, 2021/0730 – Extension of the deadlines and proposal for a
fair solution

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mr Cerulus,

Thank you very much for your reply. Please note that we had already read
your request for access to correspondence as referring to correspondence
relating to the relevant policy issue and discussions. Correspondence
relating to logistics, invitations, organisational matters were thus not
counted in the approximate number of documents that have been identified
at this stage.

Therefore,  the scope of your requests still remains wide and must be
reduced to a manageable amount of documents and up to a maximum of 15
documents which is the number of documents that we would be able to deal
with within the remaining timeframe, as indicated in our email of  8 March
2021.

We take note that you are interested in the minutes of the Roundtables on
5 October 2020 and 27 November 2020 (2 documents) and we will proceed in
assessing them under Regulation 1049/2001.

Taking this into account, we would kindly ask you to specify us the emails
and attachments that you are interested in and up to a maximum of the
remaining 13 documents. Please note in this regard that the attachments to
the email exchanges are counted and assessed individually.

Thank you in advance for your cooperation.

 The DG CONNECT Access to Documents Team

European Commission
DG Connect – ACCESS TO DOCUMENTS
BU25 – Avenue de Beaulieu 25
B-1160 Brussels/Belgium

Zitate anzeigen

ve_cnect.public_access_to_documents (CNECT), Generalsekretariat der Europäischen Kommission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2021)2181875 - Your applications for access to documents
RefGestDem 2021/0725, 2021/0726, 2021/0727, 2021/0728, 2021/0729,
2021/0730

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mr Cerulus,

 

We refer to your requests for access to documents, registered under the
abovementioned reference numbers. 

 

Unfortunately, we are not able to send the reply to your applications
within the given time limit, which expires today.

 

You will receive the answer to your applications as soon as possible. 

 

We apologize for this delay and for any inconvenience this may cause. 

 

 Yours faithfully,  

 

DG CONNECT Access to Documents Team

 

 

[6]cid:image001.png@01D3AF19.959C0670

European Commission

DG Connect – ACCESS TO DOCUMENTS

BU25 – Avenue de Beaulieu 25

B-1160 Brussels/Belgium

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D724B6.F25E40B0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

ve_cnect.public_access_to_documents (CNECT), Generalsekretariat der Europäischen Kommission

[1]Ares(2021)2440778 - RE: Ares(2021)2181875 - Your applications for
access to documents RefGestDem 2021/0725, 2021/0726, 2021/0727, 2021/0728,
2021/0729, 2021/0730

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mr Cerulus,

We are doing our utmost to provide you with the reply to the
abovementioned applications as soon as possible.

We apologize for this delay and for any inconvenience this may cause.

Yours faithfully,

DG CONNECT Access to Documents Team

European Commission
DG Connect – ACCESS TO DOCUMENTS
BU25 – Avenue de Beaulieu 25
B-1160 Brussels/Belgium

Zitate anzeigen

CNECT-PUBLIC-ACCESS-TO-DOCUMENTS@ec.europa.eu, Generalsekretariat der Europäischen Kommission

2 Attachments

*** Advance copy by e-mail and registered mail with acknowledgement of
receipt ***

 

Dear Mr Cerulus,

Please find attached document Ares(2021)2551724 regarding "GestDem
2021/0725, RefGestDem 2021/0726, RefGestDem 2021/0727, RefGestDem
2021/0728, RefGestDem 2021/0729 and RefGestDem 2021/0730" sent by Mr
Roberto Viola, General Director of DG CONNECT on 15/04/2021.             

 

Best regards,    

 

European Commission

DG CONNECT — ACCESS TO DOCUMENTS

Avenue de Beaulieu, 25

B-1160 Brussels/Belgium

Wir sind nicht sicher, ob die letzte Antwort auf diese Anfrage Informationen enthält – »falls Sie Laurens Cerulus sind, bitte melden Sich an und lassen es uns wissen.