RCC(2016) 9

The request was partially successful.

Dear 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:

The minutes and, if available, verbatim report of the Special meeting of Chefs de cabinet on 21 January 2016, RCC(2016) 9.

(As listed on page 7 of OJ(2016) 2153 final, https://ec.europa.eu/transparency/regdoc...)

Peter Teffer

Rue Montoyer 18B
1000 Brussels

PS: I have noticed that you sometimes send both a digital and a paper version by registered mail of your response. Please only send paper versions of your communication if you do not intend to send a digital copy. The physical mail always reaches me later than e-mail, so paper versions are environmentally wasteful and somewhat inefficient.

Internal Market, Industry, Entrepreneurship and SMEs

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Dear Mr Teffer,
Thank you for your e-mail  dated 07/07/2016.  We hereby acknowledge
receipt of your application for access to documents, which was registered
on 07/07/2016 under reference number GestDem 2016/3823.
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
29/07/2016. In case this time limit needs to be extended, you will be
informed in due course.
You have lodged your application via the AsktheEU.org website. Please note
that this is a private 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
Yours faithfully,
The access to documents team
European Commission
DG for Internal Market, Industry, Entrepreneurship and SMEs
Unit A1

show quoted sections

Internal Market, Industry, Entrepreneurship and SMEs

Dear Mr. Teffer,
Subject : Your request for access to documents - GESTDEM 2016/3823 -
Holding reply
We refer to your e-mail of 7 July 2016 in which you make a request for
access to the document RCC(2016) 9 (Minutes of the special meeting of the
Commissioners' Heads of Cabinet, held on 21 January 2016.), registered
under the above mentioned reference number.
Your request is currently being handled. Unfortunately, we have not been
in a position to complete the handling of your application within the time
limit of 15 working days, which expired on 29 July 2016. An extended time
limit is needed to finalize the handling of your request.
Therefore, we have to extend the deadline with 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 22 August 2016.
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
apologize for any inconvenience this may cause
Yours sincerely,
For the Registry Director
Martine DEPREZ
European Commission
Secretariat General/Head of Unit  SG.A.1 (Registry)
Tel. +32 2 29 62236

Internal Market, Industry, Entrepreneurship and SMEs

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By registered letter with acknowledgment of receipt
Rue Montoyer 18B
1000 Brussels
                                         Advance copy by email:
[1][FOI #3109 email]
Dear Mr. Teffer,
Subject:Your application for access to documents – Ref GestDem 3823/2016
Your application concerns the document RCC(2016)9: minutes of the special
meeting of the Commissioners' Heads of Cabinet, held on 21 January 2016,
in preparation for the discussion of the dossier " Proposal for a
Regulation of the European Parliament and of the Council on the approval
and market surveillance of motor vehicles and their trailers, and of
systems, components and separate technical units intended for such
vehicles" by the College of Commissioners.
Having examined the document requested under the provisions of Regulation
(EC) No 1049/2001(1) regarding public access to documents, I have come to
the conclusion that it may be partially disclosed. Some parts of the
document have been blanked out as their disclosure is prevented by
exception to the right of access laid down in Article 4 of this
The undisclosed parts of the requested document concern positions taken by
individual Heads of Cabinet during the internal discussion leading to a
decision by the College of Commissioners.
Disclosure of these parts would reveal the opinions taken by different
Commissioners at a preliminary stage, which could be detrimental for
future decision-making. In particular, exposing the difference between the
various opinions expressed at a preparatory stage and the final decision
taken would make visible which Commissioners changed their position in the
course of the internal deliberations, or whose point of view was not
approved by the College. Given the collegiate nature of the Commission's
decision-making process, this would affect future decision-making in that
the Cabinets would not be able to exchange freely all possible ideas and
positions and the College would not have at its disposal all elements for
adopting sound decisions.
It follows from the above that the parts of the document that were not
disclosed are covered by the exception laid down in Article 4(3), second
subparagraph, of Regulation (EC) No 1049/2001, which provides that "access
to a document containing opinions for internal use as part of
deliberations and preliminary consultations within the institution
concerned shall be refused even after the decision has been taken if
disclosure of the document would seriously undermine the institution's
decision-making process, unless there is an overriding public interest in
In this particular case, I cannot appreciate any overriding public
interest that would outweigh the interest of the protection of the
Commission's decision-making process as stated above.
In accordance with Article 7(2) of Regulation 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 Secretary-General of the Commission at
the following address:
European Commission
Transparency unit SG-B.4
BERL 5/327
B-1049 Bruxelles
or by email to: [2][email address]
Yours sincerely,
(1) OJ L 145, 31.05.2001, page 43


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