Ref. Ares(2020)3968922 - 28/07/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
Services in the Single Market and Digitalisation
Services Directive and Policy
Brussels
GROW.E.1/JK/tb
grow.ddg2.e.1(2020)4184409
Mr Olivier Hoedeman
Corporate Europe Observatory
Rue d'Edimbourg 26
B-1050 Brussels
ask 귪깺 8310-
xxxxxxxx@xxxxxxxx.xxx
Subject: Request for access to documents – GESTDEM No. 2020/4086
Dear Mr Hoedeman,
Thank you for your e-mail of 6.07.2020 which was registered on the same day,
requesting access to documents under Regulation (EC) No 1049/2001 regarding public
access to European Parliament, Council and Commission documents (OJ L145, 31 May
2001, page 43 and following).
1.
SCOPE OF YOUR REQUEST
Your e-mail requested access to documents as follows:
- all comments provided to the Commission by stakeholders concerning incoming
notifications regarding services, since March 2020”.
2.
DESCRIPTION OF DOCUMENTS IDENTIFIED
Concerning your request to access
“all comments provided to the Commission by
stakeholders concerning incoming notifications regarding services, since March 2020” we have identified two documents that match the scope of your request. We also take the
opportunity to inform you that we have sent an acknowledgement of receipt in response
to this comment received.
A list with the three documents (comment from stakeholder on an incoming notification,
the email accompanying the comment and the acknowledgment of receipt by the
European Commission) is in annex.
3.
FULL DISCLOSURE OF 3 DOCUMENTS
We would like to inform you that the three identified documents are fully disclosed1.
1 Except for redaction of personal data. Please see reference below.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
https://ec.europa.eu/growth/index_en
The documents to which you have requested access contain personal data such as the
names, contact details and handwritten signatures of natural persons.
Article 9(1)(b) of the Data Protection Regulation 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
document, 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.
Please note that documents originating from third parties are disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules
on intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual property
right on them. The European Commission does not assume any responsibility from their
reuse. The documents do not reflect the position of the Commission and cannot be quoted as
such.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal data
protection, you are entitled, in accordance with Article 7(2) of Regulation 1049/2001, 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
Secretary-General
Transparency unit SG-B-4
BERL 5/327
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
(e-signed)
Henning EHRENSTEIN
Acting Head of Unit
Enclosure:
Documents register
3 Disclosed documents
2
Electronically signed on 17/07/2020 10:45 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
Document Outline