C(2018) 444 final
Mr P. TEFFER
Rue Montoyer 18B
DECISION OF THE SECRETARY GENERAL ON BEHALF OF THE COMMISSION PURSUANT
TO ARTICLE 4 OF THE IMPLEMENTING RULES TO REGULATION (EC) N° 1049/20011
Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 - GESTDEM 2017/5470
Dear Mr Teffer,
I refer to your email of 24 October 2017, registered on 25 October 2017, in which you
submit a confirmatory application in accordance with Article 7(2) of Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and Commission
documents2 ('Regulation 1049/2001').
I sincerely apologise for the delay in responding to your confirmatory application.
1. SCOPE OF YOUR REQUEST
In your initial application of 7 September 2017, addressed to the Secretary-General and
forwarded to the Directorate-General for Justice and Consumers (DG JUST), you
requested access to the joint letter sent by the European Commission and EU consumer
authorities to the CEO of Volkswagen.
The Commission has identified the following two documents as falling under the scope
of your request:
Official Journal L 345 of 29.12.2001, p. 94.
2 Official Journal L 145 of 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
E-mail: [email address]
(1) Letter of 6 September 2017 addressed to Mr Müller (Chairman of the Board of
the Volkswagen Company) by Ms Astola (Director General of DG JUST) and Ms
Van Buchem (Director Consumers of the Netherlands Authority for Consumers
and Markets); and
(2) Its attached Common Position of national authorities within the Consumer
Protection Cooperation ('CPC')3.
These documents were drafted in the framework of Regulation (EC) No. 2006/2004 of
the European Parliament and of the Council of 27 October 2004 on cooperation between
national authorities responsible for the enforcement of consumer protection laws (the
Regulation on consumer protection cooperation)
That Regulation has as its objective, to lay down the conditions under which the
competent authorities in the Member States designated as responsible for the
enforcement of the laws that protects consumers' interests shall cooperate with each
other and with the Commission in order to ensure compliance with those laws and the
smooth functioning of the internal market and in order to enhance the protection of
consumers' economic interests
In this instance, the requested letter, including the position attached thereto, were drafted
by the European Commission, acting as a facilitator, and the national consumer
protection authorities, in order to express the concerns of the latter regarding the repair
and the guarantee of the Volkswagen group's diesel cars affected by the use of software
in violation of Article 5 of Regulation (EC) No. 715/2007 of the European Parliament
and of the Council of 20 June 2007 on type approval of motor vehicles with respect to
emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on
access to vehicle repair and maintenance information.
In its initial reply of 12 October 2017, DG JUST refused access to the requested
documents on the basis of the exception laid down in Article 4, paragraph 2, third indent
of Regulation 1049/2001, for the protection of the purpose of investigations.
Through your confirmatory application, you request a review of this position.
2. ASSESSMENT AND CONCLUSIONS UNDER REGULATION 1049/2001
When assessing a confirmatory application for access to documents submitted pursuant
to Regulation 1049/2001, the Secretariat-General conducts a fresh review of the reply
given by the Directorate-General concerned at the initial stage.
Following this review, I would like to inform you that the investigation in question has
progressed sufficiently in the meantime, for the above-mentioned authorities to agree to
the disclosure of their common position.
3 Both documents are registered under Ares(2017)4350353.
4 Hereafter 'the Regulation on consumer protection cooperation'.
5 Article 1.
Consequently, the requested documents are now publicly available at the following link:
For the Commission