Ref. Ares(2019)7729627 - 16/12/2019
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
TECHNOLOGY
The Director-General
Brussels, 16th December 2019
CNECT/R4
Mr. Samuel Stolton
Euractiv Brussels
International Press Centre
Boulevard Charlemagne 1
1041 Brussels
Belgium
Advance copy by e-mail: ask+request-
xxxxxxxxxxxxx@xxxxxxxx.xxx
REGISTERED MAIL WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your application for access to documents – GestDem 2019/6277
Dear Mr Stolton,
We refer to your application for access to documents submitted under Article 2(1) of
Regulation 1049/2001 on public access to documents (hereinafter, ‘Regulation
1049/2001’) received on 04/11/2019 and registered on the same day under the above-
mentioned reference number. We also refer to our holding reply dated 26/11/2019 (our
reference,
Ares(2019)7254270) whereby we informed you that the time limit for
handling your application was extended by 15 working days pursuant to Article 7(3) of
Regulation 1049/2001.
1. SCOPE OF YOUR APPLICATION
In your application, you requested access to the following documents:
“-
A list of all meetings held between DG CNECT and US Deputy Assistant Secretary of
State for Cyber and International Communications and Information Policy, Robert
Strayer, over the past year. The list should include the dates of the meetings, the
individuals present, as well as the issues discussed.
- Detailed minutes of the above meetings.
- All correspondence (i.e. any emails, correspondence, telephone call notes, and/or text
messages including WhatsApp exchanges) between DG CNECT (including the
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
Commissioner and the Cabinet) and Mr. Strayer or a representative of his, over the past
year”.
2. DOCUMENTS FALLING WITHIN THE SCOPE OF YOUR REQUESTS
We have identified three documents as falling within the scope of your application:
-
Document 1: Email correspondence (ranging from 01/02/2019-26/02/2019) with
US authorities in preparation for a meeting held on 25 February 2019 between the
Director General for DG CONNECT and US authorities;
-
Document 2: Back to office report prepared for the same meeting;
-
Document 3: Back to office report prepared for a meeting held on 27/09/2019
between the Director General for DG CONNECT and Mr. Robert Strayer.
No documents were found in relation to the part of your request relating to a list of all
meetings between DG CONNECT and Mr. Robert Strayer over the past year.
3. ASSESSMENT UNDER REGULATION 1049/2001
Having examined the documents requested under the provisions of Regulation 1049/2001
regarding public access to documents, we regret to inform you that access cannot be granted
to the documents identified on the basis of the exception laid down in Article 4(1)(a) third
indent of Regulation 1049/2001.
Article 4(1)(a), third indent of Regulation 1049/2001 provides that the institutions shall
refuse access to a document where disclosure would undermine the protection of the
public interest as regards international relations.
According to settled case-law,
"the particularly sensitive and essential nature of the
interests protected by Article 4(1)(a) of Regulation No 1049/2001 […] calls for the
exercise of particular care. Such a decision therefore requires a margin of
appreciation".1 In this context, the Court of Justice has acknowledged that the
institutions enjoy
"a wide discretion for the purpose of determining whether the
disclosure of documents relating to the fields covered by [the] exceptions [under Article
4(1)(a)] could undermine the public interest".2
Documents 1,
2 and
3 contain comments and positions made by US authorities and DG
CONNECT. There is a concrete risk that the public disclosure of the documents would
affect the mutual trust between the EU and the US Government and thus undermine their
relations. As the Court recognised in Case T-301/10 in’t Veld v Commission, “[
…]
establishing and protecting a sphere of mutual trust in the context of international
relations is a very delicate exercise”.3 Consequently, access to Documents 1, 2 and 3 is
refused.
1 Judgment in
Sison v Council, C-266/05 P, EU:C:2007:75, paragraph 36.
2 Judgment in
Council v Sophie in’t Veld, C-350/12 P, EU:C:2014:2039, paragraph 63.
3 Judgment in
Sophie in’t Veld v Commission, T-301/10, EU:T:2013:135, paragraph 126.
2
4. PARTIAL ACCESS
We have considered whether partial access could be granted to the document requests.
However, partial access is not possible considering that the documents concerned are
covered in their entirety by the exception under Article 4(1)(a), third indent of Regulation
1049/2001.
5. CONFIRMATORY APPLICATION
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 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)
Roberto Viola
3
Electronically signed on 16/12/2019 16:50 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563