We don't know whether the most recent response to this request contains information or not – if you are Margarida da Silva please sign in and let everyone know.

Commissioner Breton's contacts with interest representatives

We're waiting for Margarida da Silva to read recent responses and update the status.

Margarida da Silva

Dear Secretariat General of the European Commission,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting:

- All documents - including but not limited to minutes, (hand-written) notes, audio recordings, verbatim reports, operational conclusions, lines to take, e-mails, and presentations - related to the meetings Commissioner Breton and members of his Cabinet have held with interest representatives since 01 March 2020;

- All correspondence (i.e. any emails, correspondence, telephone call notes, and/or text messages including WhatsApp exchanges) between Commissioner Breton and members of his Cabinet have held with interest representatives since 01 March 2020.

Considering the current situation and challenges it presents for post delivery, I would appreciate receiving all replies electronically via this website.

Yours faithfully,

Margarida da Silva
Corporate Europe Observatory
Rue d'edimbourg 26
1050 Belgique

Secretariat General of the European Commission

Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
 
 
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
 
 
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
 
 

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...

ve_sg.accessdoc (SG), Secretariat General of the European Commission

[1]Ares(2020)2610102 - RE: access to documents request - Commissioner
Breton's contacts with interest representatives --- Ref. Gestdem 2020/2996

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

Thank you for your e-mail of 18/05/2020. We hereby acknowledge receipt of
your application for access to documents, which was registered on
18/05/2020 under reference number GESTDEM 2020/2996.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days.
The time limit will expire on 11/06/2020. In case this time limit needs to
be extended, you will be informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union.
Therefore, the European Commission cannot be held accountable for any
technical issues or problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission.
For further information on your rights, please refer to the third party’s
privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
Privacy statement – access to documents.

Yours faithfully,
Access to Documents Team (rc)

show quoted sections

ve_cnect.public_access_to_documents (CNECT), Secretariat General of the European Commission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)3038751 - GestDem 2020/2996 – Your application for public
access to documents – here: Holding reply

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Ms da Silva,

We refer to your application for access to documents dated 18 May 2020,
registered on the same date under the above-mentioned reference number, as
well as to the acknowledgement receipt provided to you – also on the same
date, our reference Ares(2020)2610102.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 11 June 2020, i.e. today.

An extended time limit is needed as the application concerns a very large
number of documents that need to be handled.

Therefore, we have to extend the time limit by 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents.

The new time limit expires on 2 July 2020.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,

DG CONNECT ACCESS TO DOCUMENTS Team

[6]cid:image001.png@01D46222.1AC4EB30
European Commission
DG CONNECT – ACCESS TO DOCUMENTS
BU25

1049 Brussels

BELGIUM

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6400C.907E7480
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

ve_cnect.public_access_to_documents (CNECT), Secretariat General of the European Commission

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2020)3053916 - Gestdem 2020/ 2996 - Fair solution proposal

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mrs Da Silva,

We refer to your request for access to documents introduced pursuant to
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (hereinafter ‘Regulation
1049/2001’) via the Register of Commission Documents on 18/05/2020 and
registered on the same date under the above-mentioned reference number.  

In your application, you request access to ‘[…] all documents - including
but not limited to minutes, (hand-written) notes, audio recordings,
verbatim reports, operational conclusions, lines to take, e-mails, and
presentations - related to the meetings Commissioner Breton and members of
his Cabinet have held with interest representatives since 01 March 2020;

- All correspondence (i.e. any emails, correspondence, telephone call
notes, and/or text messages including WhatsApp exchanges) between
Commissioner Breton and members of his Cabinet have held with interest
representatives since 01 March 2020.’

Your request concerns all meetings of Commissioner Breton and members of
his Cabinet with interest representatives since 01 March 2020 until the
date of your application, the 25 May 2020.

Your application concerns a large number of documents, which need to be
assessed individually. The analysis of these documents, together with the
need to consult the relevant Commission’s services and the third parties
concerned in accordance with Article 4(4) of Regulation 1049/2001, cannot
be expected to be completed within the normal time limits set out in
Article 7 of Regulation 1049/2001.

Due to the wide scope of your request, its handling would involve the
search and assessment of many documents. The work needed to deal with your
application would cover the following steps:

- Multiple searches for the identification of the documents which fall
within the scope of the request in several document management systems,

- Retrieval and establishment of a complete list of the documents falling
under the scope of your requests, 

- Scanning of the documents which are not in pdf format,

- Preliminary individual assessment of the content of the documents in
light of the exceptions contained in Article 4 of Regulation 1049/2001,

- Third party consultations under Article 4(4) and / or 4(5) of Regulation
1049/2001,

- Final assessment of the documents in light of the comments received,

- Redaction of those parts of the documents to which one or several
exceptions apply,

- Preparation of the draft reply,

 - Finalisation of the reply at administrative level and formal approval
of the draft decision

- Preparation of the reply and the documents for dispatch. 

 

However, Article 6(3) of Regulation 1049/2001 also provides for a
possibility to confer with an applicant informally with a view to finding
a fair solution when an application relates to a very long document or
concerns a very large number of documents.

In accordance with the case law of the EU Courts, such a solution can only
concern the content or the number of documents requested, not the deadline
for replying (Judgment of the Court of Justice of 2 October 2014,  Strack
v European Commission, C-127/13). This means that the scope of the request
must be reduced in a way that would enable its processing within the
extended deadline of 15 + 15 working days.

Based on the above-mentioned provision, we would kindly ask you to specify
the objective of your application and your specific interest in the
documents requested , and whether you could narrow down the scope of your
application, so as to reduce it to a more manageable amount of documents.

According to our first estimates and taking into account the other ‘access
to documents’ requests being handled within DG CONNECT at the same time,
the global workload of the concerned staff during the same period, the
human resources available and the need to safeguard good administration,
we estimate that only a maximum of 20 documents can be dealt with in the
remaining time. We therefore kindly ask you to specify the documents you
are interested.

In order to assist you to specify the documents you are interested in, we
provide you with the publicly available list of meetings of
[5]Commissioner Thierry Breton and [6]members of his Cabinet with
organisations and self-employed individuals. This information should allow
you to choose specific meetings held between the 01 March and 25 May 2020.

Having regard to the fact that third parties need to be consulted and,
depending on the meetings choses, other Commission services might need to
be involved, we propose to restrict the scope to the documents relating to
10 meetings held in the set period. We propose you to indicate 5
additional meetings, in case the documents related to the 10 meetings
chosen will be less than 20. In this case we might be able to add
documents concerning from one to five additional meetings.  

In order to enable us to respect the time-limits of Regulation 1049/2001,
we would ask you for a swift reply to our invitation to propose a fair
solution, within five working days at the latest:

·         by e-mail to: [7][email address]

If you have any questions concerning the invitation, you can contact us at
the same address.

In the absence of a reply within five working days, we will unilaterally
restrict the scope of your application to those parts that can be dealt
with within the extended deadline of 30 working days, counting from the
registration of your application.

Your faithfully

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D640A5.FA1C0490
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
5. http://ec.europa.eu/transparencyinitiati...
6. http://ec.europa.eu/transparencyinitiati...
7. mailto:[email address]

Margarida da Silva

Dear ve_cnect.public_access_to_documents (CNECT),

While I understand that there are workload limitations, I have to raise my concerns at the way this request has been treated.

• It has taken you one month to tell me that the scope needs to be reduced
• The number of documents you tell me I can request is random and excessively low
• And while you have reserved for yourself the ability to take one month to respond, you have given me only 5 working days to consider your proposal and respond.

I am open to negotiate a fair solution though I do not agree with the limit of 20 documents. Instead, I propose to limit the request to all documents relating to 20 meetings. I have listed them below.

Please let me know as soon as possible if you accept this new proposal for a fair solution. I ask that you send me confirmation before proceeding to processing the documents.

Yours sincerely,

Margarida da Silva
List of meetings:
20/03/2020
Teleconference
The Walt Disney Company Benelux BVBA

19/03/2020
Teleconference
Google

19/03/2020
Teleconference
Netflix International B.V.

11/03/2020
Brussels, Belgium
BUSINESSEUROPE

10/03/2020
Brussels, Belgium
Honeywell Europe NV (HON)
3M (3M)

01/04/2020
Teleconference
Leonardo S.p.A.
DASSAULT AVIATION
MBDA
Indra (Indra)
ASD-Eurospace (Eurospace)
SAFRAN
Airbus
HENSOLDT Holding Germany

26/03/2020
Teleconference
European Round Table for Industry (ERT)

26/03/2020
Videoconference
European Association Automotive Suppliers (CLEPA)
Association des Constructeurs Européens d'Automobiles (ACEA)

25/03/2020
Videoconference
MONDRAGON CORPORACION COOPERATIVA S. COOP (MONDRAGON S. COOP)
Koninklijke Philips (Philips)
Medtronic (Medtronic)
Siemens AG (SAG)
ResMed (RMD)
General Electric Company (GE)
Bayerische Motoren Werke Aktiengesellschaft (BMW Group)
Leonardo S.p.A.
Smiths Group plc
Saab AB
FUNDACION CLUSTER AUTOMOCIÓN DE GALICIA CEAGA (CEAGA)
Daimler Aktiengesellschaft (DAI)
SAFRAN
Airbus
Vyaire Medical (Vyaire)
thyssenkrupp Steel Europe AG (tk SE)

20/04/2020
videoconference
Peugeot S.A.
Scania AB (publ) (Scania)
RENAULT
Fiat Chrysler Automobiles (FCA)
Northvolt
Association des Constructeurs Européens d'Automobiles (ACEA)
European Association Automotive Suppliers (CLEPA)
Bayerische Motoren Werke Aktiengesellschaft (BMW Group)
the automotive industry ecosystem - recovery measures

15/04/2020
Videoconference
Google
Tracing apps and privacy of individuals

28/04/2020
Videoconference
L'Oréal

22/04/2020
videoconference
Apple Inc.

21/04/2020
Videoconference
EuroCommerce
IKEA Services B.V. (Ingka Group (IKEA))
Independent Retail Europe (formerly UGAL - Union of Groups of Independent Retailers of Europe)

21/04/2020
Videoconference
DIGITALEUROPE (DE)

11/05/2020
Videoconference
Telefonica, S.A.

05/05/2020
Videoconference
European Utilities Telecom Council (EUTC)

28/04/2020
Videoconference
American Chamber of Commerce to the European Union (AmCham EU)

18/05/2020
Livestream debate
Facebook Ireland Limited (FB-I)

13/05/2020
Videoconference
Association des Constructeurs Européens d'Automobiles (ACEA)
European Association Automotive Suppliers (CLEPA)

ve_sg.accessdoc (SG), Secretariat General of the European Commission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)3258587 - Commissioner Breton's contacts with interest
representatives - Gestdem 2020/2996, 2020/3792 and 2020/3793

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Madam,

 

We hereby inform you of the fact that your request for access to documents
with Gestdem reference 2020/2996 has been split as follows:

 

-           DG CNECT will handle part of your request under Gestdem
reference 2019/2996;

-           DG GROW will handle part of your request under Gestdem
reference 2019/3792;

-           DG DEFIS will handle part of your request under Gestdem
reference 2019/3793.

 

Each Service will send a separate reply.

 

Yours faithfully,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[7][email address]

 

 

 

 

 

 

show quoted sections

ve_cnect.public_access_to_documents (CNECT), Secretariat General of the European Commission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)3266807 - RE: Ares(2020)3053916 - Gestdem 2020/ 2996 - Fair
solution proposal

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Mrs Da Silva,

We refer to our fair solution proposal sent on 12/06/2020 (our ref.
Ares(2020)3053916) and to your reply sent on 19/06/2020.

 

We have the pleasure to inform you that we accept the counterproposal you
made in your email of 19/06/2020. The scope of the request Gestdem
2020/2996 is then restricted to all documents related to the 20 meetings
you have listed in your email.  

 

Given that the meetings you are interested in fall within the remit of
different Commission’s services, we informed you on 23/06/2020 (our ref.
Ares(2020)3258587) that the initial request has been split between three
DGs (CONNECT, GROW and DEFIS) and each service will send a separate reply.

 

Your faithfully

 

DG CONNECT ACCESS TO DOCUMENTS Team

 

[6]cid:image001.png@01D46222.1AC4EB30
European Commission
DG CONNECT/R4 - ACCESS TO DOCUMENTS

1049 Brussels

BELGIUM

 

 

 

show quoted sections

ve_cnect.public_access_to_documents (CNECT), Secretariat General of the European Commission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)3472458 - Gestdem 2020/ 2996 - 2nd Holding reply

Sent by ve_cnect.public_access_to_documents (CNECT)
<[email address]>. All responses have to be
sent to this email address.
Envoyé par ve_cnect.public_access_to_documents (CNECT)
<[email address]>. Toutes les réponses
doivent être effectuées à cette adresse électronique.

Dear Ms Da Silva,

We refer to your application for access to documents dated 18 May 2020,
registered on the same date under the above-mentioned reference number, as
well as to our holding reply sent you on the 11 June 2020 (our ref.
Ares(2020)3038751).

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit, which expires on 02 July 2020, i.e. today.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,

 

DG CONNECT ACCESS TO DOCUMENTS Team

 

[6]cid:image001.png@01D46222.1AC4EB30
European Commission
DG CONNECT/R4 - ACCESS TO DOCUMENTS

1049 Brussels

BELGIUM

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6505E.EB737A90
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

ve_defis.access documents(DEFIS), Secretariat General of the European Commission

4 Attachments

Please find attached document Ares(2020)3483298 from ve_defis.access documents (DEFIS.01) dated 02/07/2020.

Veuillez trouver ci-joint le document Ares(2020)3483298 de ve_defis.access documents (DEFIS.01) daté du 02/07/2020.

Secretariat General of the European Commission

1 Attachment

Dear Ms Da Silva,

We refer to your request for access to documents registered under the
above mentioned reference number.

The reply to your request could not be finalised within the time-limit.
Therefore, we are not in a position to complete the handling of your
application within the extended time limit of 15 working days, which
expired on 2 July 2020. Please be reassured that we are doing our best to
be able to send you the reply as soon as possible.

We apologise for this additional delay and for any inconvenience this may
cause.

Kind regards,

DG GROW – Access to documents team

 

[1]cid:479385507@17082012-2045

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG  GROW/01 – Coordination and Planning

 

References

Visible links

Secretariat General of the European Commission

1 Attachment

Dear Ms Da Silva,

We refer to your request for access to documents, registered on under the
above mentioned reference number.

The reply to your request could not be finalised yet. Therefore, we are
not in a position to complete the handling of your application within the
extended time limit of 15 working days, which expired on 2 July 2020.
Please be reassured that we are doing our best to be able to send you the
reply as soon as possible.

We apologise for this additional delay and for any inconvenience this may
cause.

Kind regards,

DG GROW – Access to documents team

 

[1]cid:479385507@17082012-2045

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG  GROW/01 – Coordination and Planning

 

References

Visible links

Margarida da Silva

Dear ve_defis.access documents(DEFIS),

Thank you for the documents.
My request covered two different meetings involving defence companies - one on 01/04/2020 (with Leonardo S.p.A., DASSAULT AVIATION, MBDA, Indra (Indra), ASD-Eurospace (Eurospace), SAFRAN, Airbus, HENSOLDT Holding Germany) and one on 25/03/2020 (with 25/03/2020 MONDRAGON CORPORACION COOPERATIVA S. COOP (MONDRAGON S. COOP), Koninklijke Philips (Philips), Medtronic (Medtronic), Siemens AG (SAG), ResMed (RMD), General Electric Company (GE), Bayerische Motoren Werke Aktiengesellschaft (BMW Group), Leonardo S.p.A., Smiths Group plc, Saab AB, FUNDACION CLUSTER AUTOMOCIÓN DE GALICIA CEAGA (CEAGA), Daimler Aktiengesellschaft (DAI), SAFRAN, Airbus, Vyaire Medical (Vyaire), thyssenkrupp Steel Europe AG (tk SE)).

In your response I see only documents from Saffran sent to Commissioner Breton and two documents on their products in preparation for a meeting that took place on the 1st of April.

So, I would like to follow up to confirm:
- Is DEFIS also handling the meeting that took place on 25/03/2020?
- My original request included all documents related to meetings including but not limited to minutes, (hand-written) notes, audio recordings, verbatim reports, operational conclusions. I do not see any such records in your reply. Have you included these documents in your search or do they not exist?

Thank you. Yours sincerely,

Margarida da Silva

ve_cnect.public_access_to_documents(CNECT), Secretariat General of the European Commission

9 Attachments

Advance copy by e-mail and registered mail with acknowledgement of receipt

Dear Ms Da Silva,

Please find attached document Ares(2020)3580458 regarding "Your application for access to documents – GestDem 2020/2996" sent by Mr Martin Schauer on behalf of Ms Katleen Engelbosch, Head of Unit 'Compliance & Planning' on 07/07/2020.

Best regards,

European Commission
DG CONNECT — ACCESS TO DOCUMENTS
Avenue de Beaulieu, 25
B-1160 Brussels/Belgium

Secretariat General of the European Commission

Dear Ms. da Silva,

We herewith confirm that the Directorate-General for Defense Industry and Space does not know of the existence of any documents related to the meetings held on 25/03/2020 and on 01/04/2020, other than the ones already identified by the Directorate-General for Defense Industry and Space in its initial reply.

Kind regards,
DEFIS ACCESS TO DOCUMENTS TEAM

show quoted sections

Margarida da Silva

Dear ve_cnect.public_access_to_documents(CNECT),

Thank you for your response. I note that in your response you mention that DG CNECT handled 10 meetings from my request. Yet, I only received documents relating to four. On top of that, from these four meetings I only received minutes and correspondence from two.

Can you please confirm that you have done a thorough check for all documents relevant to my request?

It is quite unbelievable that at least such meetings take place without any sort of paper trail.

Thank you. Yours sincerely,
Margarida da Silva

Secretariat General of the European Commission

39 Attachments

Dear Ms Da Silva,

Please find attached the reply to your request for access to documents
registered under the reference GestDem 2020/3792, along with its
attachments. We apologise for the delay in replying and for any
inconvenience this may have caused.

According to our standard operational procedure, the reply would normally
be sent to you also by registered mail. Please note, however, that due to
the extraordinary health and security measures currently in force during
to the COVID-19 pandemic, which include the requirement for all Commission
non-critical staff to telework, we are unfortunately not in a position to
follow this procedure until further notice.

We would therefore appreciate it if you could confirm receipt of the
present e-mail by replying to [1][email address]

Best regards,

 

DG GROW – Access to documents team

 

[2]cid:479385507@17082012-2045

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG  GROW/01 – Coordination and Planning

 

 

 

 

 

References

Visible links
1. mailto:[email address]

Margarida da Silva

Dear Secretariat General of the European Commission,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Commissioner Breton's contacts with interest representatives' ( Gestdem reference 2019/379).

I submitted the original request on the 18th of May, requesting:
- All documents - including but not limited to minutes, (hand-written) notes, audio recordings, verbatim reports, operational conclusions, lines to take, e-mails, and presentations - related to the meetings Commissioner Breton and members of his Cabinet have held with interest representatives since 01 March 2020;

- All correspondence (i.e. any emails, correspondence, telephone call notes, and/or text messages including WhatsApp exchanges) between Commissioner Breton and members of his Cabinet have held with interest representatives since 01 March 2020.

I received an acknowledgement of my request on the same day, followed by two extensions. Only on the 12th of June, I received an answer from the Secretariat General asking me to limit the scope of the request. In my response from the 19th of June, I accepted to reduce my request to cover 20 meetings.

On the 23rd of June, I was informed that my proposal had been accepted and that the request was then to be split into three and managed by DG CNECT, DG DEFIS and DG GROW. My current confirmatory application concerns the response from DG GROW, received on the 15th of July.

Partial disclosure of documents no. 2, 3, 15

Documents no. 2, 3, 15 have only been partially disclosed under the basis of the exception laid down in Article 4(2) first indent. The response I received stated that disclosure of parts of these documents would undermine the protection of commercial interests the companies involved. However, it seems that this exception was applied without taking into consideration possible overriding public interest.

In this case, there is an overriding public interest in accessing information that relates to the interactions between the Commission and commercial lobbies, especially considering that these interactions concerned the EU’s response to the health crisis and subsequent financial and regulatory actions.

Refused access to documents no. 10 and 29

Regarding documents no.10 and 29, access was entirely refused due to exception laid down in Article 4(2) first indent and Article 4 (3). First as a point of clarification, document no. 10 is not listed in the table of documents, could you confirm if there is an extra document that is not listed in the table or if the document is simply mis-numbered in the table as no. 9.1?

In terms of the basis for refusal to access, it is important to note that the European Court of Justice has found, in relation to the exceptions listed under Article 4 of Regulation 1049/2001, that: “as such exceptions derogate from the principle of the widest possible public access to documents, they must be interpreted and applied strictly.” (C-266-05). By imposing a blanket refusal under two exceptions to documents no. 10 and 29, DG Grow is failing to apply the principle of widest possible access, and therefore acting contrary to EU case law.

Furthermore, the reply I received fails to explain “specifically and actually”, as required by the EU court, how disclosure would harm the legitimate interests cited. This is especially true for the application of exception under Article 4 (2) of Regulation 1049/2001, which DG Grow has merely put forward without any explanations or justifications. In this regard, it must be recalled that it is not sufficient to merely and vaguely state that the documents are covered by both exceptions, but institutions should demonstrate that the harm caused by disclosure is “reasonably foreseeable and not purely hypothetical” (C-350/12); a failure to provide such explanations should result in disclosure of the documents in dispute.

In addition to this, Article 4(2) first indent seems to have been applied again without conducting a public interest test. Same as before, I argue that there is an overriding public interest in accessing information that relates to the interactions between the Commission and commercial lobbies, especially considering that these interactions concerned the EU’s response to the health crisis . This is especially true in this case as both documents seem to be minutes of meetings between Commissioner Breton and the carmakers lobbies where it is likely that discussions covered issues that impact consumer and labour rights, public health and environmental standards.

The exception laid down in Article 4 (3) has also been invoked to reject access to these documents. The response I have received stated that “disclosure of said documents would seriously undermine the decision-making process of the Commission, as it would reveal preliminary views and policy options which are currently under consideration; the Commission's services must be free to explore all possible options in preparation of a decision free from external pressure.“

However, simply claiming that disclosure would lead to external pressure, without stating why and how, is not enough to refuse access to documents of public interest. The response does not even specify which decision-making process would be affected, thus contravening DG Grow’s obligation to argue how “specifically and actually” disclosure would cause harm to the interest in question, and to demonstrate how this risk is “reasonably foreseeable and not purely hypothetical”.

In fact, the EU Institutions cannot validly argue that disclosure of information would "specifically and actually" undermine [exception under Article 4] where documents that are comparable to the requested information have already been made available to the public. These two documents seem to be meeting minutes between Commissioner Breton and the carmakers lobby. Hence, the information has already been shared with an external actor – a business lobby. The argument that disclosing this information creates a risk to the decision-making process is incompatible with the fact that the information has already been disclosed to some external actors.

It is particularly concerning that the EU Institutions see a risk in sharing this information with civil society, but not with business lobbies, and that DG Grow is open to receiving “external pressure” from business actors ,but considers mere scrutiny of its decisions on behalf of civil society as a threat to its decision-making process.

I therefore call on the EU Commission to review its position regarding my request. A full history of my request and all correspondence is available online at this address: https://www.asktheeu.org/en/alaveteli_pr...

Please don’t hesitate to contact me if you have any doubts or question in regards to this confirmatory application.
Thank you in advance.
Yours faithfully,
Margarida da Silva
Corporate Europe Observatory
Rue d'edimbourg 26
1050 Belgique

Secretariat General of the European Commission

Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
 
 
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
 
 
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
 
 

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...

ve_sg.accessdoc (SG), Secretariat General of the European Commission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)3956614 - RE: Internal review of access to documents request
- Commissioner Breton's contacts with interest representatives - Gestdem
2020/3792

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Madam,

 

Thank you for your email dated 24 July 2020 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken DG GROW
in reply to your initial application GESTDEM 2020/3792.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 20 July 2020 (Ares(2020)3956500).

 

Your application will be handled within 15 working days (17/08/2020). In
case this time limit needs to be extended, you will be informed in due
course.

 

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

 

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

 

Yours faithfully,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[7][email address]

 

 

 

 

show quoted sections

ve_sg.accessdoc (SG), Secretariat General of the European Commission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)4328310 - holding reply for 2020-3792

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Ms Da Silva,

We refer to your email of  24 July 2020, registered on 27 July 2020, by
which you submit 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[6]^[1] ("Regulation (EC) No
1049/2001").

 

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements needed to carry out a
full analysis of your request and to take a final decision. Therefore, we
were not in a position to reply to your confirmatory request within the
prescribed time limit which expired on 17 August 2020.

 

Consequently, we had to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation (EC) No 1049/2001. The new
deadline expires on 07/09/2020.

 

We regret this additional delay and sincerely apologise for any
inconvenience this may cause. However, we can assure you that we are doing
our utmost to provide you with a final reply as soon as possible.

 

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

[7]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

 

------------------------

------------------------

[8][1]               Official Journal L 145 of 31.5.2001, p. 43.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6764A.EA6E4140
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. file:///tmp/foiextract20200820-10129-1o4y06t#_ftn1
8. file:///tmp/foiextract20200820-10129-1o4y06t#_ftnref1

ve_sg.accessdoc (SG), Secretariat General of the European Commission

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)4645450 - 2nd holding letter, 2020/3792

Sent by ve_sg.accessdoc (SG) <[SG request email]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[SG request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Ms Da Silva,

I refer to your email of e-mail of 24 July 2020, registered on 27 July
2020, by which you submit confirmatory applications in accordance with
Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents (‘Regulation
1049/2001’).

I also refer to our holding reply of 19 August 2020, by which the time
limit for replying to your confirmatory applications was extended by 15
working days, pursuant to Article 8(2) of Regulation 1049/2001. This
extended time limit expires on 7 September 2020.

We are still working on the reply to your confirmatory application. I can
assure you that we are doing our utmost to provide you with a final reply
as soon as possible.

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D68530.0E3A6240
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

Secretariat General of the European Commission

4 Attachments

Dear Ms Margarida Da Silva,

 

Please find attached the electronic version of Commission Decision C(2020)
7409 final as adopted by the European Commission on 21.10.2020.

 

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

 

Please confirm receipt of the attached document by return e-mail.

 

Kind regards,

 

 

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [email address]

 

Secretariat General of the European Commission

Dear Ms Margarida Da Silva,

Could you please confirm the receipt of the document sent on the
22.10.2020

Kind regards,

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [email address]

 

 

 

From: SG GREFFE CERTIFICATION
Sent: Thursday, October 22, 2020 5:17 PM
To: '[FOI #7979 email]'
<[FOI #7979 email]>
Cc: OBLIN Frederic (SG) <[email address]>
Subject: C(2020) 7409 final addressed to Margarida Da Silva - Corporate
Europe Observatory

 

Dear Ms Margarida Da Silva,

 

Please find attached the electronic version of Commission Decision C(2020)
7409 final as adopted by the European Commission on 21.10.2020.

 

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

 

Please confirm receipt of the attached document by return e-mail.

 

Kind regards,

 

 

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [1][email address]

 

References

Visible links
1. mailto:[email address]

Secretariat General of the European Commission

Dear Ms Margarida Da Silva,

Could you please confirm the receipt of the document sent on the
22.10.2020

Kind regards,

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [1][email address]

 

 

 

Sent: Friday, October 30, 2020 9:43 AM

Sent: Thursday, October 22, 2020 5:17 PM

From: SG GREFFE CERTIFICATION
Sent: Friday, October 30, 2020 9:43 AM
To: '[FOI #7979 email]'
<[FOI #7979 email]>
Cc: OBLIN Frederic (SG) <[email address]>
Subject: 1 RA C(2020) 7409 final addressed to Margarida Da Silva -
Corporate Europe Observatory

 

Dear Ms Margarida Da Silva,

Could you please confirm the receipt of the document sent on the
22.10.2020

Kind regards,

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [2][email address]

 

 

 

From: SG GREFFE CERTIFICATION
Sent: Thursday, October 22, 2020 5:17 PM
To: '[FOI #7979 email]'
<[3][FOI #7979 email]>
Cc: OBLIN Frederic (SG) <[4][email address]>
Subject: C(2020) 7409 final addressed to Margarida Da Silva - Corporate
Europe Observatory

 

Dear Ms Margarida Da Silva,

 

Please find attached the electronic version of Commission Decision C(2020)
7409 final as adopted by the European Commission on 21.10.2020.

 

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

 

Please confirm receipt of the attached document by return e-mail.

 

Kind regards,

 

 

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [5][email address]

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[FOI #7979 email]
4. mailto:[email address]
5. mailto:[email address]

Secretariat General of the European Commission

Dear Ms Margarida Da Silva,

It is very important for us.

Please, could you please acknowledge the receipt of the document enclosed
in the message addressed to you ?

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [email address]

 

 

4             3 RA Sent: Today

3             2 RA Sent: Thursday, November 12, 2020 10:08 AM

2             1 RA Sent: Friday, October 30, 2020 9:43 AM

1             Sent: Thursday, October 22, 2020 5:17 PM

From: SG GREFFE CERTIFICATION
Sent: Thursday, November 12, 2020 10:08 AM
To: '[FOI #7979 email]'
<[FOI #7979 email]>
Cc: OBLIN Frederic (SG) <[email address]>
Subject: 2 RA C(2020) 7409 final addressed to Margarida Da Silva -
Corporate Europe Observatory

 

Dear Ms Margarida Da Silva,

Could you please confirm the receipt of the document sent on the
22.10.2020

Kind regards,

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [1][email address]

 

 

 

Sent: Friday, October 30, 2020 9:43 AM

Sent: Thursday, October 22, 2020 5:17 PM

From: SG GREFFE CERTIFICATION
Sent: Friday, October 30, 2020 9:43 AM
To: '[FOI #7979 email]'
<[2][FOI #7979 email]>
Cc: OBLIN Frederic (SG) <[3][email address]>
Subject: 1 RA C(2020) 7409 final addressed to Margarida Da Silva -
Corporate Europe Observatory

 

Dear Ms Margarida Da Silva,

Could you please confirm the receipt of the document sent on the
22.10.2020

Kind regards,

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [4][email address]

 

 

 

From: SG GREFFE CERTIFICATION
Sent: Thursday, October 22, 2020 5:17 PM
To: '[FOI #7979 email]'
<[5][FOI #7979 email]>
Cc: OBLIN Frederic (SG) <[6][email address]>
Subject: C(2020) 7409 final addressed to Margarida Da Silva - Corporate
Europe Observatory

 

Dear Ms Margarida Da Silva,

 

Please find attached the electronic version of Commission Decision C(2020)
7409 final as adopted by the European Commission on 21.10.2020.

 

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

 

Please confirm receipt of the attached document by return e-mail.

 

Kind regards,

 

 

Giovanni VALASTRO

COMMISSION EUROPEENNE

Équipe certification/notification 

BERL 05/155

Tél: +32-2-29 61594

Email: [7][email address]

 

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #7979 email]
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[FOI #7979 email]
6. mailto:[email address]
7. mailto:[email address]

We don't know whether the most recent response to this request contains information or not – if you are Margarida da Silva please sign in and let everyone know.