Ref. Ares(2020)5931722 - 26/10/2020
EUROPEAN COMMISSION
Brussels, 9.7.2019
C(2019) 5341 final
21000 Split
Croatia
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 – Gestdem 2019/2941
Dear
I am writing in reference to your email of 1 July 2019, registered on the same date, by
which you lodge 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’).
Through your initial application of 20 May 2019, you requested access to the following
documents:
1. Copy of the reply submitted by the European Commission on 05/03/2019 to your
access to documents application of 16/01/2019 (Ref. GestDem 2019/0557);
2. Document on the exemption of the Republic of Croatia from EU legislation over
satellite communication networks and services (2GHz); and
3. Document by which the Commission entrusted the European Conference of Postal
and Telecommunications Administrations (‘CEPT’) its second mandate pursuant to
Article 4 of the Radio Spectrum Decision 676/2002/EC3.
1 Official Journal L 345 of 29 December 2001, p. 94.
2 Official Journal L145 of 31 May 2001, p.43.
3 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory
framework for radio spectrum policy in the European Community (Radio Spectrum Decision), Official
Journal L 108, 24.4.2002, p. 1.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
By letter of 25 June 2019, the Directorate-General for Communications Networks, Content
and Technology provided full access to the documents listed under points 1 and 3 of your
request.
As regards the document listed under point 2 of your request, the Directorate-General for
Communications Networks, Content and Technology noted that it was also the subject of
your previous request submitted on 16 January 2019 under reference number
Gestdem 2019/0557. The Directorate-General for Communications Networks, Content and
Technology stressed that on 5 March 2019 it had informed you that it did not hold any such
a document, and that following your confirmatory application of 25 March 2019, the
European Commission had confirmed the position expressed in the said initial reply.
In your confirmatory application, you make a series of allegations against the Directorate-
General for Communications Networks, Content and Technology that will, however, not be
addressed in the scope of the present decision which is circumscribed to the framework of
Regulation (EC) No 1049/2001.
In your confirmatory application, you also request a review of the position of the
Directorate-General for Communications Networks, Content and Technology of 25 June
2019.
However, you do not put forward any change in the legal or factual situation that would
warrant a renewed search since the confirmatory decision of the European Commission of
17 May 2019 reiterating the lack of any document corresponding to point 2 of your request.
After careful examination, we came to the conclusion that the legal and factual
circumstances in question have remained unchanged since 17 May 2019.
Therefore, I refer you to the Decision of the European Commission, C(2019) 3871 final,
registered under the reference Ares(2019)3261977.
Consequently, the conclusion pursuant to which the European Commission is unable to
handle your request remains justified in the light of the current legal and factual situation.
The European Commission does not indeed hold any document corresponding to the
description provided in point 2 of your application, as stated in its Decision of 17 May 2019,
C(2019) 3871 final.
2