Ref. Ares(2020)4117196 - 05/08/2020
C(2019) 1308 final
Rue Montoyer 18B
DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE
IMPLEMENTING RULES TO REGULATION (EC) NO 1049/20011
Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 - GESTDEM 2018/5002
I refer to your e-mail of 19 December 2018, registered on the same day, in which you
submitted a confirmatory application in accordance with Article 7(2) of Regulation (EC)
No 1049/2001 regarding public access to European Parliament, Council and Commission
documents2 (hereafter 'Regulation (EC) No 1049/2001').
SCOPE OF YOUR REQUEST
In your initial application of 21 September 2018, you requested access to ‘[…] all
documents, including but not limited to letters, sent by the European Space Agency to the
European Commission with comments on the Proposal for a REGULATION OF THE
EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the space
programme of the Union and the European Union Agency for the Space Programme’.
In its initial reply of 19 December 2018, the Directorate-General for Internal Market,
Industry, Entrepreneurship and SMEs informed you that it does not hold any documents
that would fall within the scope your request.
Official Journal L 345 of 29.12.2001, p. 94.
Official Journal L 145 of 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 229 91111
In your confirmatory application, you request a review of this position. You also specify
the following in your application: ‘[a] spokeswoman from the European Space Agency
has confirmed to me that ESA has indeed sent such a letter in July 2018, with the
Commission in cc.’
This information has been taken into account in the assessment, the results of which are
ASSESSMENT AND CONCLUSIONS UNDER REGULATION (EC) NO 1049/2001
When assessing a confirmatory application for access to documents submitted pursuant
to Regulation (EC) No 1049/2001, the Secretariat-General conducts a fresh review of the
reply given by the Directorate-General concerned at the initial stage.
Following this review, I can inform you that the European Commission has identified the
following document as falling within the scope of your request:
Proposal by the European Space Agency’s Director-General of 22 July 2018 for
certain amendments to the European Commission’s proposal for a Regulation
establishing the space programme of the Union and the European Space Agency
for the Space Programme, reference Ares(2019)662412.
Since this document originates from a third party, the originator has been duly consulted,
in accordance with Article 4(4) of Regulation (EC) No 1049/2001. The third party agreed
to the full disclosure of the requested document.
I can inform you that, following an assessment of the requested document and after
taking into account the opinion of the third party, full access is granted to the requested
document, since its content does not fall under any of the exceptions to the right of access
provided in Article 4 of Regulation (EC) No 1049/2001.
Please note that this document was received by the European Commission from the
European Space Agency. It is disclosed for information purposes only. It does not reflect
the position of the European Commission and cannot be quoted as such.
For the Commission