Ref. Ares(2018)5950247 - 21/11/2018
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE and CONSUMERS
The Director General
Brussels,
JUST.01/AC
By registered letter with
acknowledgment of receipt
Mr Peter Teffer
c/o EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium
Advance copy by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2018/4369
Dear Mr Teffer,
We refer to your e-mail dated 2/8/2018 in which you make a request for access to
documents, registered on 3/8/2018 under the above mentioned reference number.
You request access to:
"documents which contain the following information:
– all documents related to the 11-7-2018 meeting between commissioner Vera Jourova
and Amazon, including but not limited to minutes, (hand-written) notes, audio
recordings, verbatim reports, e-mails, and presentations
– all documents related to the 25-1-2018 meeting(s) held by commissioner Vera Jourova
on dual quality, including but not limited to minutes, (hand-written) notes, audio
recordings, verbatim reports, e-mails, and presentations
– all documents related to the 23-1-2018 meeting between commissioner Vera Jourova
and Facebook, including but not limited to minutes, (hand-written) notes, audio
recordings, verbatim reports, e-mails, and presentations
– all documents related to the 29-11-2017 meeting between commissioner Vera Jourova
and Microsoft, including but not limited to minutes, (hand-written) notes, audio
recordings, verbatim reports, e-mails, and presentations
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: MO59: MO59 08/005. Telephone: direct line (32-2) 2961773 - E-mail: xxxxxxxxxx.xxxxx@xx.xxxxxx.xx
– all documents related to the 17-11-2017 meeting between commissioner Vera Jourova
and Google, including but not limited to minutes, (hand-written) notes, audio recordings,
verbatim reports, e-mails, and presentations
– all documents related to the 9-11-2017 meeting between commissioner Vera Jourova
and Hospodářská komora České republiky, including but not limited to minutes, (hand-
written) notes, audio recordings, verbatim reports, e-mails, and presentations
– all documents related to the 18-10-2017 meeting between commissioner Vera Jourova
and Weber Shandwick, including but not limited to minutes, (hand-written) notes, audio
recordings, verbatim reports, e-mails, and presentations
– all documents related to the 11-10-2017 meeting between commissioner Vera Jourova
and IBM, including but not limited to minutes, (hand-written) notes, audio recordings,
verbatim reports, e-mails, and presentations"
After careful screening of the relevant files, these are the documents covered by your
request:
meeting
documents
Ares reference
– all documents related to the 11-7-2018 1. briefing
Ares(2018)4985022
meeting between commissioner Vera
Jourova and Amazon, including but not 2. flash report
Ares(2018)3706633
limited to minutes, (hand-written) notes,
audio recordings, verbatim reports, e-
mails, and presentations
– all documents related to the 25-1-2018 3. briefing
Ares(2018)757559
meeting(s) held by commissioner Vera
Jourova on dual quality, including but
not limited to minutes, (hand-written)
notes,
audio
recordings,
verbatim
reports, e-mails, and presentations
– all documents related to the 23-1-2018 4. briefing
Ares(2018)5016784
meeting between commissioner Vera
Jourova and Facebook, including but not
limited to minutes, (hand-written) notes,
audio recordings, verbatim reports, e-
mails, and presentations
– all documents related to the 29-11- 5. briefing
Ares(2018)4985999
2017 meeting between commissioner
Vera Jourova and Microsoft, including
but not limited to minutes, (hand-written)
notes,
audio
recordings,
verbatim
reports, e-mails, and presentations
– all documents related to the 17-11- 6. briefing
Ares(2018)5017086
2017 meeting between commissioner
Vera Jourova and Google, including but
not limited to minutes, (hand-written)
2
notes,
audio
recordings,
verbatim
reports, e-mails, and presentations
– all documents related to the 9-11-2017 7. briefing
Ares(2017)5741645
meeting between commissioner Vera
Jourova and Hospodářská komora České
republiky, including but not limited to
minutes, (hand-written) notes, audio
recordings, verbatim reports, e-mails,
and presentations
– all documents related to the 18-10- 8.
Flash
E. Ares(2018)4981242
2017 meeting between commissioner Hulicius
Vera Jourova and Weber Shandwick,
including but not limited to minutes, 9. letter from Mr
(hand-written) notes, audio recordings, Libermann
Ares(2017)5154323
verbatim
reports,
e-mails,
and (NOMAD food)
presentations
10.
follow-up
letter DG JUST
Ares(2017)5457768
– all documents related to the 11-10- 11. Briefing
Ares(2018)5016322
2017 meeting between commissioner
Vera Jourova and IBM, including but not
limited to minutes, (hand-written) notes,
audio recordings, verbatim reports, e-
mails, and presentations
All briefings have been prepared for internal use and aimed at providing a factual, political
and legal picture of the files that the Commissioner and her Cabinet members had to discuss
with stakeholders. Their content includes therefore staff opinions and assumptions on the
position of those stakeholders and of the Member States or third countries on a given topic.
Having examined the document requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I would like to inform you that your
application can be partially granted for all documents.
However, documents to which you have requested access contain personal data, in
particular names, addresses and phone numbers.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its disclosure would undermine the protection of privacy and the integrity of
the individual, in particular in accordance with Community legislation regarding the
protection of personal data. The applicable legislation in this field is Regulation (EC) No
45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the Community
institutions and bodies and on the free movement of such data1.
1 Official Journal L 8 of 12.1.2001, p. 1
3
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable2.
According to Article 8(b) of this Regulation, personal data shall only be transferred to
recipients if they establish the necessity of having the data transferred to them and if there is
no reason to assume that the legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and/or that it cannot be
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned. Therefore, we are disclosing a version of the documents requested in which
these personal data have been redacted.
Concerning documents n. 4, and n. 11, some paragraphs have been redacted on the basis of
the exception to disclosure set in Article 4(1)(a) third indent of Regulation 1049/2001, as we
consider that its disclosure undermines the international relations with a third country.
Making available the redacted parts to the public would seriously prejudice the relations
between the European Commission and the United States government in their ongoing
dialogue on the protection of privacy in the context of transatlantic data transfers, and the
mutual confidence between them. Establishing and protecting an atmosphere of mutual
trust with the United States is a very delicate exercise and any harm to that trust cannot
easily be repaired and thus can have a serious adverse effect on any ongoing dialogue as
well as future cooperation.
The Commission also has a legitimate interest in not revealing its tactical considerations
and other strategic elements of the past discussions as this could negatively affect its
position in any future (trade) negotiations at both bilateral or multilateral (WTO/GATS)
level.
A section of document n. 11 has been redacted as it concerns topics not connected with your
request and therefore it must be considered as out of the scope of your request (annex at the
end of the document).
Concerning documents n; 4, 6 and 11, some sections have been redacted on the basis of the
exception to disclosure set in Article 4(2) second indent of Regulation 1049/2001, as they
refer to and comment on ongoing Court cases. Their disclosure would undermine the proper
conduct of such judicial procedures.
Redacted sections contain in fact references to court proceedings. Their disclosure would
undermine the protection of on-going and reasonably foreseeable future court
proceedings in that it would negatively affect the Commission ability to defend its
position in Court an equal footing with the respective applicant, contrary to the principle
of equity of arms.
Finally, full disclosure of documents 2, 3, 7, 8 and 10 would undermine the decision-
making process of the Commission, as it would reveal the preparatory work for the
negotiation strategy for the adoption of the "new deal for consumers" package, currently
under discussion in European Parliament and Council.
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P,
Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
4
Article (4)3 indicates that
" 3. Access to a document, drawn up by an institution for internal use or received by an
institution, which relates to a matter where the decision has not been taken by the
institution, shall be refused if disclosure of the document would seriously undermine the
institution's decision-making process, unless there is an overriding public interest in
disclosure.
Access to a document containing opinions for internal use as part of deliberations and
preliminary consultations within the institution concerned shall be refused even after the
decision has been taken if disclosure of the document would seriously undermine the
institution's decision-making process, unless there is an overriding public interest in
disclosure."
The Commission's services must be able to continue their intelligence and mediation work
with stakeholders and national authorities, which is essential to gather information and
feedback on a number of provisions which are debated, in order to facilitate the
elaboration of a final text which would meet the objectives of the proposed legislation, as
well as the formulation of the official position of the Commission in the context of the
co-decision procedure. Anticipating the options under consideration, would compromise
solutions and the possible fallback position on key issues, as decided by the College of
Commissioners. It would ultimately deprive the Commission of essential negotiating tools
which enable it to fulfil its institutional role at this stage of the legislative procedure.
Therefore the exception laid down in Article 4(3) second subparagraph of Regulation (EC)
No 1049/2001 applies to this document.
The exceptions laid down in Article 4(1)(b), 4(2) second indent and 4(3) of Regulation
1049/2001 apply unless there is an overriding public interest in disclosure of the document.
We have examined whether there could be an overriding public interest in disclosure, but
that you have not been able to identify such an interest.
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review this position.
5
In case you would disagree with the assessment that the redacted data are personal data
which can only be disclosed if such disclosure is legitimate under the applicable rules on the
protection of personal data, you are entitled, in accordance with Article 7(2) of Regulation
1049/2001, 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 Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-C-1
BERL 5/282
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
(e-signed)
Tiina Astola
6
Electronically signed on 20/11/2018 16:46 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563