Ref. Ares(2018)5445222 - 23/10/2018
EUROPEAN COMMISSION
Directorate-General for Communications Networks, Content and Technology
Director-General
Brussels, 23rd October 2018
CONNECT/R4
Mr Peter Teffer
EUobserver
Rue Montoyer 18B
1000 Brussels
Belgium
Advance copy via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your application for access to documents- Ref GestDem 2018/4613
Dear Mr Teffer,
We refer to your e-mail dated 29 August 2018 in which you make a request for access to
documents, registered on the same date under the above mentioned reference number.
We also refer to our holding reply dated 18 September 2018, our reference
Ares(2018)4784454, whereby we informed you that the time limit for handling your
application was extended by 15 working days pursuant to Article 7(3) of Regulation (EC)
No 1049/2001 on public access to documents (hereinafter 'Regulation 1049/2001').
1. SCOPE OF YOUR APPLICATION
You request access to the following:
–
All documents related to the 20-1-2016 meeting between commissioner Günther
Oettinger and the Boston Consulting Group GmbH, including but not limited to minutes,
(hand-written) notes, audio recordings, verbatim reports, e-mails, and presentations
– All documents related to the 19-10-2017 meeting between Alina-Stefania Ujupan and
5G Automotive Association, 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
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
– All documents related to the 8-12-2017 meeting between Alina-Stefania Ujupan and
Mobivia, including but not limited to minutes, (hand-written) notes, audio recordings,
verbatim reports, e-mails, and presentations
– All documents related to the 24-1-2018 meeting between Maximilian Strotmann and
Scania, including but not limited to minutes, (hand-written) notes, audio recordings,
verbatim reports, e-mails, and presentations
– All documents related to the 20-2-2018 meeting between Alina-Stefania Ujupan and
Scania, including but not limited to minutes, (hand-written) notes, audio recordings,
verbatim reports, e-mails, and presentations
– All documents related to the 20-3-2018 meeting between Carl-Christian Buhr and
Qualcomm, including but not limited to minutes, (hand-written) notes, audio recordings,
verbatim reports, e-mails, and presentations
2. DOCUMENTS FALLING WITHIN THE SCOPE OF THE REQUEST
Your application concerns the following documents:
-
Meeting between Commissioner Günther Oettinger and the Boston Consulting
Group GmbH (20-01-2016)
1. Email dated 17/12/2015 concerning the meeting request - Ares(2015)5968565
(Document No 1)
2. Revolution in the Driver’s Seat-The Road to Autonomous vehicles- BCG (Document
No 2)
3. Revolution versus Regulation-The Make-or-Break-Questions about autonomous
vehicles-BCG (Document No 3)
- Meeting between Alina-Stefania Ujupan and 5G Automotive Association (19-10-
2017)
4. Mail dated 2/10/2017 concerning the meeting request - Ares(2017)4788484
(Document No 4)
5. 5GAA Presentation - Ares(2018)4604307 (Document No 5)
6. BTO Meeting the 5GAA- Ares(2018)4604437 (Document No 6)
7. 5GAA Position Paper- Ares(2018)4603926 (Document No 7)
8. Handwritten notes of the meeting- Ares(2018)4604546 (Document No 8)
-Meeting between Alina-Stefania Ujupan and Mobivia (08-12-2017)
9. Mobivia Corporate Presentation 2017 - Ares(2018)4606137 (Document No 9)
10. Mobivia Position paper UE - Ares(2018)4606213 (Document No 10)
11. BTO Meeting with Mobivia - Ares(2018)4606256 (Document No 11)
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-
Meeting between Maximilian Strotmann and Scania (24-1-2018)
12. Email exchanges concerning meeting request – Ares(2018)4606782 (Document No
12)
-
Meeting between Alina-Stefania Ujupan and Scania (20-2-2018)
13. Email dated 20-12-2017 concerning meeting request - Ares(2018)4607232
(Document No 13)
14. CAB Gabriel meeting Scania Board- Ares(2018)4607322 (Document No 14)
15. Handwritten notes - Ares(2018)4607461 (Document No 15)
-Meeting between Carl-Christian Buhr and Qualcomm (20-3-2018)
16. Email dated 01/02/2018 concerning the meeting request - Ares(2018)672174
(Document No 16)
17. BTO Carl-Christian Buhr meeting with Qualcomm - Ares(2018)1623567 (Document
No 17)
3. ASSESSMENT UNDER REGULATION 1049/2001
Having examined all the documents falling within the scope of your request under the
provisions of Regulation 1049/2001 and taking into account the consultation of third
parties, we have arrived at the conclusion that full disclosure can be granted for four
documents; three documents cannot be disclosed and partial access can be granted to all
other documents.
A. Full disclosure
Following an examination of Documents No 2, 3, 9 and 10, we have arrived at the
conclusion that full disclosure can be granted.
Please note that Documents No 2 and 3 are publicly available via the following links:
http://image-src.bcg.com/Images/BCG-Revolution-in-the-Drivers-Seat-Apr-2015_tcm9-
64351.pdf
http://image-src.bcg.com/Images/BCG-Revolution-Versus-Regulation-Sep-2015_tcm9-
74389.pdf
Please note that all the documents that can be fully disclosed were received by the
European Commission from third parties. They are disclosed for information only and
cannot be re-used without the agreement of the originator, who holds a copyright on it.
Such documents do not reflect the position of the Commission and cannot be quoted as
such.
B. Partial access with only personal data redacted
Parts of the Documents No 1, 7, 11, 12, 13 and 16 contain personal data, in particular
names, contact details and functions of the Commission staff or external staff and
handwritten signatures.
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Pursuant to Article 4(l)(b) of Regulation 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 Union 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 data (hereinafter “Regulation 45/2001”)1.
According to Article 8(b) of Regulation 45/2001, personal data shall be transferred to
recipients only 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 the necessity of disclosing the aforementioned personal data to you has
not been established and 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 these documents in which the personal data have been redacted.
As to the handwritten signatures, which are biometric data, there is a risk that their
disclosure would prejudice the legitimate interests of the persons concerned as it would
expose them to the risk of forgery and identity theft.
Please note that some of the documents which are being partially disclosed under this
section were received by the Commission from third parties (Documents No
1,7,12,13,16). They are disclosed for information only and cannot be re-used without the
agreement of the originator, who holds a copyright on it. Such documents do not reflect
the position of the Commission and cannot be quoted as such.
With respect to document No 11, please note that it was drawn up for internal use under
the responsibility of the relevant officials of DG CNECT and the relevant Cabinet. It
solely reflects the authors' interpretation of the interventions made and do not set out any
official position of the third parties to which the documents refer.
C. Partial access based on Article 4(2) and 4(3) of Regulation 1049/2001
Following an examination of Documents No 4,6,14 and 17 and taking into account the
feedback received from the third party in relation to Documents No 4 and 6, we have
arrived the following conclusions:
-Documents No 4, 6, and 17 can be partially disclosed on the basis of the commercial
interests exception laid down under Article 4(2), first indent of Regulation 1049/2001.
Further explanation on this is included below in part (i).
- Document No 14 is partially disclosed on the basis of the protection of the decision-
making process exception laid down under Article 4(3), second sub-paragraph of
Regulation 1049/2001. Further explanation is included below in part (ii).
Certain parts of these documents also contain names, contact details and functions of
Commission staff or external staff. These constitute personal data that have been
expunged for the reasons set out under Section 3B above.
1 Official Journal L8 of 12.1.2001,p.1 See also Judgment of the Court of Justice of the EU of the 29 June
2010 in case 28/08P,
Commission/ The Bavarian Lager Co. LTD, ECR 2010 I-06055.
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Please note that Document No 4 was received by the Commission from a third party. It
is disclosed for information only and cannot be re-used without the agreement of the
originator, who holds a copyright on it. It does not reflect the position of the Commission
and cannot be quoted as such.
With respect to Documents No 6, 14 and 17, please note that these were drawn up for
internal use under the responsibility of the relevant officials of DG CNECT and the
relevant Cabinet. They solely reflect the authors' interpretation of the interventions made
and do not set out any official position of the third parties to which the documents refer.
(i) Partial access based on Article 4(2) first indent of Regulation 1049/2001 (Protection
of commercial interests)
Article 4(2) first indent of Regulation 1049/2001 provides that the
institutions shall
refuse access to a document where disclosure would undermine the protection of
commercial interests of a natural or legal person, including intellectual property...unless
there is an overriding public interest in disclosure.
Parts of the Documents No 4, 6, and 17 contain sensitive commercial information.
Part of the Document No 4 is information allowing conclusions on the intent of 5GAA
and thus its future actions. Disclosing the intended topic of the meeting would undermine
the protection of 5GAA’s commercial interests.
Parts of the Document No 6 contain points made by the third parties that participated in
the meeting and their expressed views. These views allow for conclusions on the
respective third party’s opinion on the subject matter. Such information alone may be
used to predict the party’s future business behaviour and thus allow competitors to
prepare accordingly. This information was given during a non-public meeting and is
confidential and commercially sensitive.
Parts of No 17 contain information which Qualcomm shared with the Commission
services relating to its strategy and views regarding its competitors and potential
customers which could undermine its commercial interests, if publicly released.
Based on the foregoing we consider that there is a real and non-hypothetical risk that
public access to the above-mentioned information would undermine the commercial
interests of the parties concerned.
(ii) Partial access based on Article 4(3) second subparagraph of Regulation 1049/2001
(Protection of the decision-making process)
The second subparagraph of Article 4(3) of Regulation 1049/2001 provides that
[a]ccess
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.
Parts of document No 14 contain preliminary views and reflections of the Commission
services concerning the Electronic Communications Code and the General Data
Protection Regulation (GDPR).
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Disclosure of this part of the document could cause significant damage to the
Commission’s functioning and internal decision-making process. Disclosure of
preliminary opinions would deter Commission staff and officials from putting forward
their views independently and without being unduly influenced by the prospect of wide
disclosure exposing the Commission. The effective decision-making process within the
Commission would thus be seriously undermined should the specific part of the
document be disclosed.
D. Non- Disclosure
We regret to inform you that access to Documents No 5, 8, 15 cannot be granted as
disclosure is prevented by exceptions to the right of access laid down in Article 4 of
Regulation 1049/2001.
Following an examination of the abovementioned documents and taking into account the
opinion of the third party in relation to Document No 5, we regret to inform you that this
document cannot be disclosed as disclosure would undermine the protection of
commercial interests of 5GAA, including its intellectual property (Article 4(2) first
indent of Regulation 1049/2001). The presentation is intellectual property of 5GAA since
the content and design were made by 5GAA. Moreover, it contains commercially
sensitive information relating to the 5GAA strategies and positions.
With regard to Commission services’ own documents No 8 and 15, their disclosure
would undermine the protection of privacy and integrity of the individual (Article 4(1)
(b) of Regulation 1049/2001). These documents are handwritten notes and they constitute
biometric data. Therefore, there is a risk that their disclosure would prejudice the
legitimate interests of the persons concerned, as it would expose them to the risk of
forgery and identity theft. Please note, however, that the content of these handwritten
notes is reflected in Documents No 6 and 14 which are partially disclosed.
We have considered whether partial access could be granted to these documents.
However, partial access is not possible considering that the documents concerned are
covered in their entirety by the abovementioned exceptions of Article 4 of Regulation
1049/2001.
4. OVERRIDING PUBLIC INTEREST IN DISCLOSURE
The exceptions laid down in Articles 4(2) and 4(3) of Regulation 1049/2001 apply unless
there is an overriding public interest in disclosure of the documents
. Such an interest
must, firstly, be a public interest and, secondly, outweigh the harm caused by disclosure.
We have examined whether there could be an overriding public interest in disclosure but
we have not been able to identify such interest.
5. CONFIRMATORY APPLICATION
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.
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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-B-4
BERL 5/282
1049 Bruxelles
or by ema
il to: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-Signed)
Roberto Viola
Enclosures: (14)
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Electronically signed on 23/10/2018 15:14 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
Document Outline
