Numerical insight of usage of information competence Council Regulation (EU)
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:
1. I would like to obtain a numerical insight showing how often the European Commission has exercised one of the information competence laid down in Council Regulation (EU) 2015/1589 in state aid investigations. For example the request for information to the notifying Member State, the request information from other sources and investigations into specific sectors of the economy and aid instruments
2. I also wonder whether there is an external reporting obligation for the commission that must explain why, when and how the information competences have been used and how the principles of processing personal data as defined in Article 5 of the General Data Protection Regulation are ensured? Or is there another element in practice that safeguards the principles during the exercise of information powers vis-à-vis (legal) persons to ensure the right to data protection?
Carlijn de Groot
Dear Sir ,
Thank you for your e-mail of 1/5/2022. We hereby acknowledge receipt of
your email but we consider it as an information request instead of an
application for access to documents in accordance with Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and
Commission documents. You will be informed in due course.
For information on how we process your personal data visit our page
Privacy statement – access to documents.
Access to Documents team
DG Competition-European Commission
MADOU-12-85 B-1049 Brussels/Belgium
email: [email address]
Dear Ms de Groot,
We understand that your message does not constitute a request for access
to documents under Regulation 1049/2001, given that it does not refer to
any specific document as such. We are therefore treating it as a request
Please find below our answers to your two questions:
1.- We do not collect statistical data on the requests for information
sent by the Commission under Council Regulation (EU) 2015/1589 in State
Aid investigations, and therefore we cannot supply you with the
information you are requesting in this respect.
2.- There is no specific external reporting obligation as regards the
personal data received in the context of replies to requests for
information in State Aid proceedings. Please note however that full
compliance of the personal data protection principles you mention by all
EU institutions, including the Commission, is ensured by Regulation (EU)
in particular Article 4 thereof) and monitored by an independent
supervisory authority, namely the European Data Protection Supervisor (see
https://edps.europa.eu/_en). Note also that neither the GDPR nor
Regulation (EU) 2018/1725 are applicable to the data of legal persons, but
only to those of natural persons. Finally, please find the data protection
record giving details on how we process personal data in the context of
State Aid investigations at DPO Public register (europa.eu).
Unit I1 –Registry and Transparency