Ref. Ares(2021)5336431 - 30/08/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director-General
Brussels
GROW.I.2/SP
Mr Peter Teffer
Ekko Voorkamer
Bemuurde Weerd WZ 3
3513 BH Utrecht
The Netherlands
Sent by email only to:
ask+request-9778-
xxxxxxxx@xxxxxxxx.xxx
Subject: Request for access to documents – GestDem No. 2021/4613
Dear Mr Teffer,
Thank you for your e-mail of 19 July 2021 which was registered at the Directorate-
General for Internal Market, Industry, Entrepreneurship and SMEs of the European
Commission 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).
1.
SCOPE OF YOUR REQUEST
Your e-mail requested access to documents as follows:
Documents which contain the following information:
- All communications between the European Commission and the Dutch 'Inspectie
Leefomgeving en Transport' (Human Environment and Transport Inspectorate) about
market surveillance activities from Regulation (EU) 2018/858 (motor vehicles)
- The 27 overviews of planned market surveillance checks of each Member State, as
required by article 8.6 Regulation (EU) 2018/858 - including those received prior and
after the deadline of 1 March 2021.
As your e-mail did not specify a time scope, we have considered documents with a date
up to and including 19 July 2021.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BREY 10/039 - Tel. direct line +32 229-61195
xxxx.xxxxxx@xx.xxxxxx.xx
2.
IDENTIFICATION OF THE DOCUMENTS
Regarding the first part of your request, on 24 February 2021 the Commission has
received from Dutch 'Inspectie Leefomgeving en Transport' (Human Environment and
Transport Inspectorate) an overview of the planned market surveillance checks, in
accordance with Regulation (EU) 2018/858, Article 8(6).
Regarding the second part of your request, by 19 July 2021 the Commission has received
an overview of the planned market surveillance checks, in accordance with Regulation
(EU) 2018/858, Article 8(6), from the following Member States.
Date
Member State
01.07.2020
Slovakia
05.10.2020
Luxembourg
18.02.2021
Estonia
24.02.2021
The Netherlands
25.02.2021
Denmark
25.02.2021
Spain
01.03.2021
Sweden
01.03.2021
Hungary
01.03.2021
Germany
01.03.2021
France
09.03.2021
Finland
30.03.2021
Greece
14.04.2021
Slovenia
20.04.2021
Finland (update)
04.05.2021
Austria
10.05.2021
Spain (update)
21.05.2021
Latvia
26.05.2021
Lithuania
2
3.
NON-DISCLOSURE OF THE DOCUMENTS
Following an examination of the documents requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, I regret to inform you that
access to the identified documents cannot be granted, as disclosure is prevented by
exception to the right of access laid down in Article 4(2), third indent of this Regulation
("The institutions shall refuse access to a document where disclosure would undermine
the protection of […] - the purpose of inspections, investigations and audits").
These documents contain sensitive and confidential information on the vehicles that will
be checked and the tests that Member States will perform on those vehicles. Making this
information public would have a negative impact on the carrying out of market
surveillance activities by the Member States concerned.
According to Regulation (EC) No 1049/2001, an exception to the right of access must be
waived if there is an overriding public interest in disclosing the document concerned,
which outweighs the interest protected by the exception to the right of access. In this case
the Commission has reached the conclusion that there appears to be no overriding public
interest in their disclosure in the sense of the Regulation.
The possibility of granting partial access in accordance with Article 4(6) of Regulation
(EC) No 1049/2001 has also been examined. However, this is not considered possible
since the documents in question are covered in their entirety by the above-mentioned
exception.
4.
MEANS OF REDRESS
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-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)
Kerstin Jorna
3
Electronically signed on 27/08/2021 17:58 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
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