Dear Sir,

Thank you for your request for access to documents.

Unfortunately, you have not indicated your postal address. This is necessary for registering and handling your request in line with the procedural requirements.

Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.

Alternatively, you may use directly the electronic form available on the Europa website:

]http://ec.europa.eu/transparency/regdoc/....

Yours faithfully,

Access to documents team (cr)
SG.C.1
Transparency

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Dear Sir,

Thank you for your e-mail of 21/01/2022. We hereby acknowledge receipt of
your application for access to documents, which was registered on
21/01/2022 under reference number GESTDEM 2022/485.

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 11/02/2022. In case this time limit needs to
be extended, you will be informed in due course.

You have lodged your application via a private third-party 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 system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission.
For further information on your rights, please refer to the third party’s
privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
Privacy statement – access to documents.

Yours faithfully,

Access to documents team (cr)
SG.C.1
Transparency

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Dear Sir,

We refer to your e-mail dated 20/01/2022 in which you make a request for
access to documents, registered on 21/01/2022  under the above-mentioned
reference number.

The description given in your application does not enable us to identify
concrete documents which would correspond to your request. We therefore
invite you, pursuant to Article 6(2) of Regulation (EC) No 1049/2001
regarding public access to documents, to provide us with more detailed
information on the documents that you seek to obtain. In particular:

-          Please indicate the temporal scope for the search of documents
(from… to…).

If you need assistance in clarifying or specifying your application,
please let us know.

In accordance with Article 2, third paragraph of the Implementing Rules to
Regulation 1049/2001, the 15 working days time limit for handling your
application will resume when we receive the requested clarifications.

Thank you in advance for your understanding.

Kind regards,

DG GROW – Access to documents team

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG  GROW/B1 – Planning and Briefings

Dear Sir,

Thank you for your precision, it is noted.

Kind regards,

DG GROW ATD Team

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Dear Mr Le Louarn,

We refer to your email of 21 January 2022, in which you make a request for
access to documents, registered on the same day under the above-mentioned
reference number, and to your email of 31 January 2022 clarifying your
request.

We would like to inform you that your application concerns a very high
number of documents.

The work needed for this request entails multiple steps:

•        Contacts/exchanges and consultations with the Cabinet of
Commissioner Thierry Breton;

•        Retrieval and establishment of a complete list of the documents
falling under the scope of your request;

•        Preliminary assessment of the content of the documents in light
of the exceptions of Article 4 of Regulation EC (No) 1049/2001;

•        Assessment of the further procedural steps to undertake, for
example whether third party consultations should be made;

•        (possibly) third-party consultations under Article 4(4) of
Regulation 1049/2001 and (possibly) a further dialogue with the third
party originators of documents falling within the scope of your request;

•        Final assessment of the documents in light of the comments
received, including of the possibility of granting (partial) access;

•        Redactions of the relevant parts falling under exceptions of
Regulation EC (No) 1049/2001);

•        Preparation of the draft reply;

•        Finalization of the reply at administrative level and formal
approvals of the draft decision;

•        Final check of the documents to be (partially) released (if
applicable) (scanning of the redacted versions, administrative treatment,)
and dispatch of the reply.

The completion of these steps with regard to a very large number of
documents cannot be expected to be completed within the normal time limits
set out in Article 8 of Regulation 1049/2001.

As stated by the EU Courts, the European Commission needs to respect the
principle of proportionality and ensure that the interest of the applicant
for access is balanced against the workload resulting from the processing
of the application for access in order to safeguard the interests of good
administration. Article 6(3) of Regulation (EC) No 1049/2001 provides that
in the event of an application relating to a very long document or to very
large number of documents, the institution concerned may confer with the
applicant informally, with a view to finding a fair solution.

In accordance with the case law of the EU Courts, a fair solution can only
concern the content or the number of documents applied for, not the
deadline for replying. This means that the scope of your requests must be
reduced in a way that would enable its treatment within the extended
deadline of 15 + 15 working days.

According to our preliminary estimates on the workload and the length and
complexity of documents at stake, it would seem that the Directorate
–General for Internal Market, Industry and SMEs (DG GROW) would be able to
handle approximately 30 documents within the deadlines provided by
Regulation 1049/2001, counting from your reply to our proposal for a fair
solution.

To this end, we would kindly ask you to specify the objective of your
wide-scoped request and your specific interest in the documents requested
and whether you could narrow down the scope of your request, so as to
reduce it to a more manageable number.

In particular, we propose to focus on the handling of documents falling
within the following temporal scope: From 21 May 2021 to 21 August 2021;
and concerning only the types of stakeholders which you have explicitly
mentioned in your initial request (not going beyond with “etc.”).

In order to enable us to respect the time-limits of Regulation (EC) No
1049/2001, we would ask you for a swift reply to our invitation to this a
fair solution proposal, within five working days at the latest:

·        by e-mail to: [1][email address].

In the absence of a reply within five working days, we will unilaterally
restrict the scope of your application to those parts that can be dealt
with within the extended deadline of 30 working days, counting from your
reply clarifying your initial registered request.

Thank you in advance for your understanding.

Yours faithfully,

DG GROW – Access to documents team

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG GROW/B1 – Planning and Briefings

References

Visible links
1. mailto:[email address]

Dear Sir,

Thank you for your swift reply.

We hereby accept and confirm the restriction of the scope as suggested in your email below.

Yours faithfully,

DG GROW – Access to documents team

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Dear Sir,

We refer to your request for access to documents, registered on 21/01/202
under the above mentioned reference number.

Your application is currently being handled. However, we are not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today

An extended time limit is needed as some of the documents requested
originate from third parties which are being consulted.

Therefore, we have to extend the time limit 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 04/03/2022.

We apologize for this delay and for any inconvenience this may cause.

Yours sincerely,

DG GROW – Access to documents team

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

Dear Sir,

Your reply is under final administrative and signatory check before expedition. However, it could not be finalised today. Therefore, we are not in a position to complete the handling of your application within the extended time limit of 15 working days, which expires today. Please be reassured that we are doing our best to be able to send you the reply in the coming days.

We apologise for this additional delay and for any inconvenience this may cause.

Kind regards,

DG GROW ATD Team

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Dear Sir,

Please find enclosed the reply to your request for access to documents
registered under the above-mentioned reference number.

According to our standard operational procedure, the reply would normally
be sent to you also by registered mail. Please note, however, that due to
the extraordinary health and security measures currently in force during
to the COVID-19 pandemic, which include the requirement for the majority
of Commission non-critical staff to telework, we are unfortunately not in
a position to follow this procedure until further notice.

We would therefore appreciate it if you could confirm the receipt of this
e-mail by replying to [1][email address]

Best regards,

DG GROW – Access to documents team

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG  GROW/B1 – Planning and Briefings

References

Visible links
1. mailto:[email address]