Ref. Ares(2019)1728579 - 15/03/2019
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
Space Policy, Copernicus and Defence
Defence 2
Brussels,
MB/mnf/grow.ddg3.i.5(2019
)1095215
By registered letter with
acknowledgment of receipt
Mr Bram Vranken
Vredesactie
Patriottenstraat 27
2600 Berchem
Subject:
Your application for access to documents – Ref GestDem No 2019/0524
Dear Mr Vranken,
We refer to your e-mail dated 28/01/2019 in which you make a request for access to
documents, registered on 28/01/2019 under the above-mentioned reference number.
By means of your request you ask to be granted access to “All documents containing
information relating to the involvement of arms industry actors not already disclosed to
the public (e.g. arms companies, their lobby groups, etc.) and private research centres in
the context of the setting up and continuing development of the Preparatory Action on
Defence Research.”
You further clarify that you are looking for documents –not already disclosed to the
public – which identify Commission interaction with any such arms industry actor and
private research centre in relation to the Preparatory Action on Defence Research
(PADR). Such documents may comprise minutes of meetings/correspondence with one
or more of such stakeholders or otherwise refer to such stakeholders.
Having examined your request, we concluded that the scope of the documents requested
under the provisions of Regulation (EC) No 1049/2001 regarding public access to
documents, is covered by the scope of your request GestDem 2018/4049 on 23 August 2018
by means of which you requested:
“All documents related to meetings (including but not limited to minutes, preparatory
documents, briefings) between officials of DG Grow (including the Commissioner and the
Cabinet) and representatives of individual companies, including lobby consultancies and
law firms, and/or industry associations, in which the Preparatory Action on Defence
Research (PADR) were dealt with since January 2015.”
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
The Commission by means of its decision sent to you by letter on 21 December 2018 (Our
Ref. Ares(2018)6627840, attached to this letter) for the above-mentioned GestDem
application communicated to you all relevant documents of all relevant stakeholders under
the scope of your application, with regard to the above mentioned initiatives (PADR).
Therefore the scope of our search comprised possible “private research centres” and “arms
industry actors”.
Under GestDem 2018/4049, we had identified 13 documents that matched the scope of
your request. The documents identified were disclosed with protection of personal data, in
accordance with Article 4(1)b of Regulation (EC) No 1049/2001. In your current access to
documents request, GestDem 2019/0524, you have not established the necessity to have
the data transmitted for a specific purpose in the public interest.
Against this background, the Commission examined whether the legal or factual
circumstances have changed since the Commission letter concerning the request
GestDem 2018/4049 sent to you by letter of 21 December 2018, taking into account all
the elements provided by you by means of your present request and/or the information
available to the institution.
In this context, it needs to be stressed that the “relevant circumstances” i.e. the
legal/policy context with regard to the initiatives you asked to have access for (PADR) as
well as the factual context have not been altered by any means since the Commission’s
previous reply on your request for public access. Therefore, we would like to refer you to
the Commission’s previous reply (request GestDem 2018/4049 of 21 December 2018)
concerning the same documents given, as there have not been any relevant legal or
factual circumstances warranting a review of the earlier reply as explained above.
As concerns the period of time from 24 August 2018 to date which was not covered by
your request GestDem 2018/4049, we regret to inform you that the Commission does not
hold any documents that would correspond to the description given in your application
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution.
Given that no such documents, corresponding to the description given in your
application, are held by the Commission, the Commission is not in a position to fulfil
your request.
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 taken on
GestDem 2019/0524.
2
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, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-signed)
Timo PESONEN
Enclosure:
Letter of 21 December 2018, Ref. Ares(2018)6627840
3
Electronically signed on 15/03/2019 15:15 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563