Ref. Ares(2022)6835635 - 04/10/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR JUSTICE AND CONSUMERS
The Director-General
Brussels
JUST.DDG.E.3/BW
Ms Nienke Palstra
Global Witness
Rue Belliard 53
1000 Bruxelles / Belgique
By email: ask+request-11711-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2022/4574
Dear Ms Palstra,
We refer to your e-mail of 11 August 2022 in which you make a request for access to
documents, registered on 12 August 2022 under the above-mentioned reference number.
You request access to all documents - including but not limited to correspondence, emails,
minutes, notes (hand written or electronic), audio or video recordings, verbatim reports,
operational conclusions, lines to take, briefings, and presentations - related to the meeting on
2022-05-25 between Geneviève Tuts and Amazon Europe Core SARL.
Your application concerns the following documents:
Briefing for the Head of Cabinet Ms. Tuts for the virtual meeting with Amazon
representatives on 25 May 2022; please note that this document mentions 4 May
2022 as date of the meeting as this meeting was postponed.
Flash report from the meeting between Head of Cabinet Ms. Tuts with Amazon
representatives of 25 May 2022 (Ares(2022)4133337).
With regard to the two documents listed above, a complete disclosure is prevented by the
exception concerning the protection of privacy and the integrity of the individual outlined
in Article 4(1)(b) of Regulation (EC) No 1049/2001, because they contain the following
personal data:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: LX40 05/004 - Tel. direct line +32 229-83335
- the names/initials and contact information of Commission staff members not
pertaining to the senior management;
- the names/initials and contact details of other natural persons;
- other information relating to an identified or identifiable natural person (i.e. job
titles, email addresses, phone numbers, or CVs that would allow the identification
of natural persons).
Article 9(1)(b) of the Data Protection Regulation1 does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you for
a specific purpose in the public interest and where there is no reason to assume that the
legitimate interests of the data subject might be prejudiced. In your request, you do not
express any particular interest to have access to these personal data nor do you put
forward any arguments to establish the necessity to have the data transmitted for a
specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has
not been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data
concerned.
Furthermore, some parts of the documents have been redacted as their disclosure is
prevented by the exception to the right of access laid down in Article 4(3) of Regulation
(EC) No 1049/2001, given that it relates to an ongoing policy discussion. These parts
outline preliminary and confidential positions linked to the process of discussing the future
of the Product Safety Pledge and internal ongoing work on the evaluation of consumer law
directives in accordance with the rules on Better Regulation as well as the proposal for a
new General Product Safety Regulation. Disclosure of these parts would seriously
undermine the institution's decision-making process linked to these initiatives. We have
examined whether there could be an overriding public interest in their disclosure, but such
an interest has not been identified.
Other parts of the documents have been redacted as their disclosure is prevented by the
exception to the right of access laid down in Article 4(2) of Regulation (EC) No 1049/2001,
given that it relates to a coordinated action under Regulation (EU) 2017/2394 on
cooperation between national authorities responsible for the enforcement of consumer
protection laws. This action is not yet concluded, as competent authorities monitor the
implementation of the company’s commitments as provided by Article 20 (4) of Regulation
(EU) 2017/2394. Furthermore, it should be noted, that the documents mentioned above
contain legal advice by the consumer protection cooperation networks, which the competent
authorities may use in the context of their investigations and/or enforcement actions,
including in front of the competent courts. Disclosure of certain information that is shared
among the competent authorities and the Commission, as well as, where appropriate, with
third parties concerned by the investigation – including in particular certain information in
respect to the legal assessment – could undermine the efficiency of such actions.
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
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The documents listed above were drawn up for internal use under the responsibility of the
relevant Commission services. They solely reflect the services’ interpretation of the
situation and the interventions made and do not set out any official position of the third
parties to which the documents refer, which was not consulted on its content. They do not
reflect the position of the Commission and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit 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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
This reply is sent to you via email only and we would appreciate if you could confirm
receipt of the present e-mail by replying to xxxxxxx@xx.xxxxxx.xx.
Yours faithfully,
Ana GALLEGO
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Electronically signed on 30/09/2022 08:37 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
