Ref. Ares(2022)3334770 - 29/04/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director-General
Brussels,
GROW/B.1/MP/ (2022)
Mr Matteo Civillini
Via Cordusio 4
Milan
Italy
Email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2022/1485
Dear Mr Civillini,
We refer to your e-mail dated 10 March 2022 in which you make a request for access to documents,
registered on 14 March 2022 under the above-mentioned reference number.
You requested access to:
“- a list of all lobby and industry meetings and/or calls and/or interactions of any kind held by the
DG Industry, including any Cabinet Members and/or officials, during which “sanctions” and/or
“Russia" and/or "Russian" were discussed.
The list should include date, individuals attending and organisational affiliation, as well as the
issues discussed;
- all minutes and other reports of these meetings and/or calls;
- all documents prepared for the purpose of the meetings and/or exchanged during the course of the
meetings.
- all correspondence, including attachments (i.e. any emails, mail correspondence or telephone call
notes) between the DG Industry, including any Cabinet Members and/or officials, and any lobby
group and/or industry representative discussing “sanctions” and/or “Russia" and/or "Russian".”
On 15 March 2022, you replied to our clarification request of 14 March 2022.
Three meetings/exchanges with European business, industry and manufacturing associations took
place on 2, 3 and 9 March 2022 for which we have identified three documents that fall within the
scope of your request.
Having examined the documents requested under the provisions of Regulation (EC) No 1049/2001
regarding public access to documents, I regret to inform you that your application cannot be granted,
as disclosure is prevented by exceptions to the right of access laid down in Article 4 of this
Regulation.
The documents that you seek to obtain refer to sensitive information concerning European Union
strategic autonomy and commercial interests, supply chain disruptions and international trade relations.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BREY 14/110 - Tel. direct line +32 229 61326
Disclosure of the documents requested would undermine the protection of the public interest as regards
public security, defence and military matters as well as international relations.
Public disclosure of information included in the identified documents could expose both strengths and
vulnerabilities concerning European Union trade relations and economic policy, including supply chain
disruptions and therefore affect public security, defence and military interests of the Member States and
the European Union. The information could allow the applicant, and the wider public, in combination
with publicly accessible data to draw conclusions on possible future policy options.
In line with the settled case-law, “
the concept of public security does not have a single and specific
meaning. Thus, the concept covers both the internal security of a Member State and its external security
(see Case C-70/94 Werner v Germany [1995] ECR I-3189, paragraph 25), as well as the interruption of
supplies of essential commodities such as petroleum products which may threaten the very existence of
a country (Case 72/83 Campus Oil v Minister for Industry and Energy[1984] ECR 2727, paragraph
34).1
Furthermore, the disclosure of the identified documents could weaken European Union’s negotiating
position towards third countries and therefore undermine the protection of the public interest as regards
international relations, which is a reasonably foreseeable risk in the context of ongoing war in Ukraine.
I thus conclude that the exceptions laid down in Article 4(1) first, second and third indent of Regulation
(EC) No 1049/2001 apply to the documents identified.
We have considered whether partial access could be granted to the documents requested and came to the
conclusion that the identified documents are entirely covered by the exceptions.
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 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,
Electronically signed
Kerstin JORNA
Director-General
1
Judgment of the Court of first Instance of 17 June 1998 in case T-174/95, Svenska Journalistförbundet v Council
2
3
Electronically signed on 29/04/2022 13:24 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121