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DG GROW - meetings with industry representatives

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To DG GROW, Internal Market, Industry, Entrepreneurship and SMEs,

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

1) a list of meetings covering the period 1. November 2021 to date between the Commissioner Breton, his cabinet and/or DG GROW AND representatives of European Automobile Manufacturers Association (ACEA), Verband Der Automobilindustrie, WindEurope, Euromines, Industrial Minerals Europe, European Raw Materials Alliance, European Battery Alliance, Eurolithium, Critical Raw Materials Alliance.

2) minutes and other reports of these meetings;

3) all correspondence between the aforementioned, including emails, covering the same period

In case my description is not sufficiently precise, I hereby would like to ask you to assist me in further clarifying the application according to regulation 1049/01 article
6.2.

Should my request be denied wholly or partially, please explain the denial or all deletions referring to specific exemptions in the regulation. Also I expect the partial
release of documents, in case of partial exemption according to article 4.6. I reserve the right to appeal.

Please confirm having received this application. I look forward to your reply within 15 working days, according to the regulation.

Yours faithfully,

Mads Barbesgaard

GROW-ACCES-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 18/11/2022 and registered on 21/11/2022 under case number 2022/6719.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

Dear Internal Market, Industry, Entrepreneurship and SMEs,

As per your response to my request for access to documents (case number 2022/6719), I am replying with my personal postal address, below:

Mads Barbesgaard
Holger Danskes Vej 45, 5., lejl. 56
DK-2000 Frederiksberg
Danmark

Yours faithfully,

Mads Barbesgaard

GROW-ACCES-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 18/11/2022 and registered on 22/11/2022 under the case number
2022/6719.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 13/12/2022. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

GROW-ACCES-DOCUMENTS@ec.europa.eu,

1 Attachment

Hello,

Please find attached a message concerning your request for access to
Commission documents registered under the above mentioned case number
2022/6719.

Kind regards,

Dear Internal Market, Industry, Entrepreneurship and SMEs,

I see that in my initial request, I forgot an "or" perhaps making it seem like I was requesting information only on meetings with all of these different actors at once. I have therefore reformulated it below. I hope this clarifies the request?

1) a list of meetings covering the period 1. November 2021 to date between the Commissioner Breton, his cabinet and/or DG GROW AND representatives of European Automobile Manufacturers Association (ACEA), Verband Der Automobilindustrie, WindEurope, Euromines, Industrial Minerals Europe, European Raw Materials Alliance, European Battery Alliance, Eurolithium OR Critical Raw Materials Alliance.

Yours faithfully,

Mads Barbesgaard

GROW-ACCES-DOCUMENTS@ec.europa.eu, Internal Market, Industry, Entrepreneurship and SMEs

Dear Sir,

Thank you for your e-mail of 25/11/2022. We hereby acknowledge the clarification of your application for access to documents, which was registered on 22/11/2022 under the reference number 2022/6719.

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 16/12/2022. In case this time-limit needs to be extended, you will be informed in due course.

Kind regards,

DG GROW – Access to documents team

European Commission
DG Internal Market, Industry, Entrepreneurship and SMEs
Unit B1/ Planning and briefings

show quoted sections

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