EUROPEAN COMMISSION
Brussels, 15.10.2018
C(2018) 6882 final
Mr Peter TEFFER
EU Observer
Rue Montoyer 18B
1000 Brussels
DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE
IMPLEMENTING RULES TO REGULATION (EC) NO 1049/20011
Subject: Your confirmatory application for access to documents under Regulation
(EC) No 1049/2001 - GESTDEM 2018/4357
Dear Mr Teffer,
I am writing in reference to your email of 13 September 2018, registered on the same day,
by which you lodge a confirmatory application in accordance with Article 7(2) of
Regulation (EC) 1049/2001 regarding public access to European Parliament, Council and
Commission documents2 (hereafter ‘Regulation (EC) 1049/2001’).
1.
SCOPE OF YOUR APPLICATION
In your initial application of 13 August 2018, addressed to the Secretariat-General of the
European Commission and registered under reference number GESTDEM 2018/4357, you
requested access to:
‘All documents related to the 25-5-2018 meeting between president
Jean-ClaudeJuncker and Mr Klaus Schwab, including but not limited to minutes,
(hand-written) notes, audio recordings, verbatim reports, e-mails, and presentations;
All documents related to the 15-5-2018 meeting between president Jean-Claude
Juncker and Mr Christophe Deloire, including but not limited to minutes,
(hand-written) notes, audio recordings, verbatim reports, e-mails, and presentations;
1
Official Journal L 345, 29.12.2001, p. 94.
2 Official Journal L 145, 31.05.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 229 91111
All documents related to the 7-5-2018 meeting between president Jean-Claude
Juncker and Mr Josef Ackermann, including but not limited to minutes,
(hand-written) notes, audio recordings, verbatim reports, e-mails, and presentations;
All documents related to the 6-3-2018 meeting between president Jean-Claude
Juncker and Mr Lakshmi Mittal, including but not limited to minutes, (hand-written)
notes, audio recordings, verbatim reports, e-mails, and presentations;
All documents related to the 22-1-2018 meeting between president Jean-Claude
Juncker and Mr Guillaume Klossa, including but not limited to minutes,
(hand-written) notes, audio recordings, verbatim reports, e-mails, and presentations;
All documents related to the 10-1-2018 meeting between president Jean-Claude
Juncker and Mr Hans-Walter Peters, including but not limited to minutes,
(hand-written) notes, audio recordings, verbatim reports, e-mails, and presentations’.
Through its initial reply dated 4 September 2018, the Secretariat-General of the European
Commission informed you that it had identified 16 documents as falling within the scope of
your request and granted wide partial access to those documents, subject to the sole
redaction of personal data pursuant to Article 4(1)(b) (protection of privacy and the integrity
of the individual) of Regulation (EC) 1049/2001.
In your confirmatory application you question the absence of further documents, in
particular with regard to ‘single written record of what was said during the six meetings
president Juncker had’.
When assessing a confirmatory application for access to documents submitted pursuant to
Regulation (EC) 1049/2001, the Secretariat-General of the European Commission conducts
a fresh review of the reply given at the initial stage.
Against this background, the European Commission has carried out a renewed, thorough
search for documents that would fall under the scope of your confirmatory application as
described above.
Following this renewed search, I confirm that the European Commission does not hold any
further documents that would correspond to the description given in your application.
Indeed, as specified in Article 2(3) of Regulation (EC) 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution.
Given that the European Commission does not hold any such documents corresponding to
the description given in your application, it is not in a position to fulfil your request.
2
Finally, I draw your attention to the means of redress 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 European Commission
Martin SELMAYR
Secretary-General
3
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