Ref. Ares(2020)2245669 - 27/04/2020
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
Services in the Single Market and Digitalisation
Services Directive and Policy
Mr Olivier Hoedeman
Corporate Europe Observatory
Rue d'Edimbourg 26
Subject: Request for access to documents – GESTDEM No. 2020/1908
Dear Mr Hoedeman,
Thank you for your e-mail of 3.04.2020, which was registered on the same day,
requesting access to documents under Regulation (EC) No 1049/2001 regarding public
access to European Parliament, Council and Commission documents (OJ L145, 31 May
2001, page 43 and following).
SCOPE OF YOUR REQUEST
You requested access to documents as follows:
“- all information published on the Commission's website about incoming notifications
- all comments provided to the Commission by stakeholders concerning incoming
notifications regarding services”
DESCRIPTION OF DOCUMENTS IDENTIFIED
Concerning your request to access “all information published on the Commission's
website about incoming notifications regarding services”
we would like to inform you
that this information is publicly available under the following web link: https://ec.europa.eu/internal_market/imi-net/repositories/services-directive-
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 https://ec.europa.eu/growth/index_en
Concerning your request to access “all comments provided to the Commission by
stakeholders concerning incoming notifications regarding services”
we have identified
three documents that match the scope of your request. The list of these documents is in
Those three documents are comments from stakeholders on notifications received.
FULL DISCLOSURE OF 3 DOCUMENTS
We would like to inform you that three identified documents are fully disclosed1.
The documents to which you have requested access contain personal data such as the
names, contact details and handwritten signatures of natural persons.
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you
for a specific purpose in the public interest and where there is no reason to assume that
the legitimate interests of the data subject might be prejudiced.
In your request, you do not express any particular interest to have access to these
personal data nor do you put forward any arguments to establish the necessity to have the
data transmitted for a specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has
not been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data
Please note that documents originating from third parties are disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules
on intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual
property right on them. The European Commission does not assume any responsibility
from their reuse. The documents do not reflect the position of the Commission and
cannot be quoted as such.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal
data protection, you are entitled, in accordance with Article 7(2) of Regulation
1049/2001, to make a confirmatory application requesting the Commission to review this
1 Except for redaction of personal data. Please see reference below.
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:
Transparency unit SG-B-4
or by email to: email@example.com
Acting Head of Unit
Electronically signed on 24/04/2020 21:15 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563