EUROPEAN COMMISSION
Brussels, 16.4.2018
C(2018) 2401 final
Ms Julia REDA
European Parliament
Bât. Altiero Spinelli
Office 05F158
60 rue Wiertz
1047 Brussels
DECISION OF THE SECRETARY-GENERAL ON BEHALF OF THE COMMISSION PURSUANT
TO ARTICLE 4 OF THE IMPLEMENTING RULES TO REGULATION (EC) N° 1049/20011
Subject:
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').
1.
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.
1
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
available:
http://www.digitaleurope.org/DesktopModules/Bring2mind/DMX/Download.aspx?Com
mand=Core_Download&EntryId=2630&language=en-US&PortalId=0&TabId=353
3.
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.
Yours sincerely,
For the Commission
Martin SELMAYR
Secretary-General
2
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