Ref. Ares(2021)352218 - 15/01/2021
EUROPEAN COMMISSION
Brussels, 19.12.2019
C(2019) 9434 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 under
Regulation (EC) No 1049/2001 – GESTDEM 2019/5542
Dear
,
I refer to your letter of 28 October 2019, 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 documents 2 (hereafter ‘Regulation (EC) No 1049/2001’).
I also refer to the clarifications provided in your email of 19 November 2019.
In your initial application of 30 September 2019, addressed to the Directorate-General for
Communications Networks, Content and Technology, you requested access to the
following documents:
‘1. Document that services in satellite communications networks and services that use
flag State ships of M[ember] S[tates] in international seas, are not subject to the
regulation of national, European and international laws accepted by the Union, which
[you] cite above [in your request]’; and
‘2. Document that services in satellite communications networks and services that use
flag State ships of M[ember] S[tates] in international seas, are not subject to the EU Data
Processing law with the provisions of publicly available electronic communication
services in public communication networks in the Community (all M[ember] S[tates])’.
1
OJ L 345, 29.12.2001, p. 94.
2
OJ L 145, 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
In its initial reply of 15 October 2019, the Directorate-General for Communications
Networks, Content and Technology noted that the documents requested were the same
documents falling within the scope of three previous applications that you had submitted
on 16 January, 20 May and 27 May 2019 under the reference numbers Gestdem
2019/0557, 2019/2941 and 2019/3206.
The Directorate-General for Communications Networks, Content and Technology further
stressed that in the framework of your new request, you did not put forward any change
in the legal or factual circumstances warranting a review of the European Commission’s
decision in respect to the requested documents.
Against this background, the Directorate-General for Communications Networks,
Content and Technology referred you to the following previous decisions:
1) Its initial decision of 5 March 2019, registered under reference
Ares(2019)1492633 and the related confirmatory decision of the European
Commission, under C(2019)3871 final (GestDem 2019/0557);
2) Its
initial
decision
of 25 June 2019,
registered under
reference
Ares(2019)4028383 and the related confirmatory decision of the European
Commission, under C(2019)5341 final (GestDem 2019/2941); and
3) Its initial Decision of European Commission of 25 June 2019, registered under
reference Ares(2019)4029467 and the related confirmatory decision of the
European Commission, under C(2019) 5591 final (GestDem 2019/3206).
Consequently, the Directorate-General for Communications Networks, Content and
Technology assessed that it was still not in a position to meet your request in light of the
current legal and factual situation.
Moreover, the Directorate-General for Communications Networks, Content and
Technology referred you to its two detailed replies consisting of a pre-closure letter and a
closure confirmation, sent to you in the framework of your complaint CHAP(2016)3259 ,
as well as to the European Ombusdman’s decision concerning your complaint registered
under reference 1994/2018/JF.
Furthermore, the Directorate-General for Communications Networks, Content and
Technology referred you to its letter of 16 August 2019, registered under reference
Ares(2019)5285782 regarding the termination of its correspondence with you on the
above-mentioned matter.
In your confirmatory application, you reiterate your request and request a review of the
position of the Directorate-General for Communications Networks, Content and
Technology of 15 October 2019.
2
However, you do not put forward any change in the legal or factual situation either in
your confirmatory application, or in your subsequent letter of clarifications, which would
warrant a renewed search since the confirmatory decision of 22 July 2019. Besides, the
latter already reiterated its previous statement confirming the lack of documents held by
the institution corresponding to your request.
Against this background, I have examined whether there are any new circumstances that
would justify a modification of the position of the European Commission regarding your
request.
After a careful assessment of the situation, I conclude that the relevant legal and factual
circumstances have remained unchanged since the Decision of the European Commission
of 17 May 2019 3. As already reiterated in the successive decisions of the European
Commission of 9 and 22 July 2019 4, there are no documents held by the institution that
fall within the scope of your request. Therefore, I refer you to the above mentioned
European Commission Decision of 17 May 2019, and in particular to the explanations
provided therein, regarding the legal framework surrounding the context of your request
and justifying the lack of existing documents.
Consequently, the conclusion pursuant to which the European Commission is unable to
handle your request remains justified in light of the current legal and factual situation.
In the framework of your confirmatory application and your subsequent clarifications,
you also make a series of allegations against the Directorate-General for
Communications Networks, Content and Technology that are not addressed within the
scope of the present decision. Indeed, this decision is circumscribed to the framework of
Regulation (EC) No 1049/2001.
Nevertheless, I would like to stress in that respect, that the European Ombudsman did not
find any maladministration from the European Commission regarding on how it handled
your complaint about alleged infringements of national, international and EU laws by
Croatia. In fact, the European Ombudsman found that the European Commission had
provided you with sufficient explanations as to why it could not deal with alleged
violations of legislation other than that of the EU. Moreover, the European Ombudsman
noted that you were able to seek redress with competent national competition authorities
and administrative courts, a fact that you did not dispute. Furthermore, the European
Ombudsman stressed that the European Commission had dealt with four requests for
public access to documents from you, having also replied to your subsequent
confirmatory applications.5
3
C(2019)3871 final, registered under Ares (2019)3261977.
4
Registered under Ares (2019)4393042 and Ares (2019)4748035, respectively.
5
See European Ombudsman Decision of 03 April 2019 in case 1994/2018/JF ‘on how the Commission
handled an infringement complaint’, registered under Ares(2019)2356812, and available at:
https://webgate.ec.testa.eu/Ares/renditionDownload.do?itemId=090166e5c2fccb45
3