C(2018) 2401 final
Ms Julia REDA
Bât. Altiero Spinelli
60 rue Wiertz
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 2018/818
Dear Ms Reda,
I refer to your email of 5 March 2018, registered on the same day, 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').
SCOPE OF YOUR REQUEST
In your initial application of 6 February 2018, you requested access to the Memorandum
of Understanding on the future common charging solution for smartphones
In its initial reply of 2 March 2018, the Directorate-General for Internal Market, Industry,
Entrepreneurship and SMEs refused access to this document based on the exception of
Article 4(2), first indent (protection of commercial interests of a natural or legal person)
of Regulation 1049/2001.
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
Through your confirmatory application, you request a review of this position and present
arguments supporting your request. 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.
As part of this review, the Secretariat-General re-consulted DIGITALEUROPE, the
author of this document, in accordance with Article 4(4) of Regulation 1049/2001.
DIGITALEUROPE agreed with its disclosure.
Please find the link at which the document has in the meantime been made publicly
MEANS OF REDRESS
Finally, I would like to draw your attention to the means of redress that are available
against this decision. You may either bring proceedings before the General Court or file a
complaint with the European Ombudsman under the conditions specified respectively in
Articles 263 and 228 of the Treaty on the Functioning of the European Union.
For the Commission