EUROPEAN COMMISSION
Brussels, 06.06.2022
C(2022) 3850 final
Ms. Sofia Gualandi
3 Quai des Pecheurs
67000 Strasbourg
France
DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE
IMPLEMENTING RULES TO REGULATION (EC) NO 1049/20011
Subject:
Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 - GESTDEM 2021/7914
Dear Ms. Gualandi,
I refer to your e-mail of 7 January 2022, registered on the same day, in which you
submitted a confirmatory application in accordance with Article 7(2) of Regulation (EC)
No 1049/2001 regarding public access to European Parliament, Council and Commission
documents2 (hereafter ‘Regulation (EC) No 1049/2001’).
Please accept our apologies for the delay in the handling of your request.
1.
SCOPE OF YOUR REQUEST
In your initial application of 7 December 2021, addressed to the Secretariat-General of
the European Commission, you requested access to, I quote:
‘the two regulatory scrutiny board's opinions repeatedly rejecting the DG JUST's
draft proposal for a directive on sustainable corporate governance (file reference:
https://ec.europa.eu/info/law/betterregulation/have-your-say/initiatives/12548-
Sustainable-corporategovernance_en’
1 OJ L 345, 29.12.2001, p. 94.
2 OJ L 145, 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Your request was passed to the relevant office in charge of these matters. The European
Commission identified two documents as falling within the scope of the request:
- The Regulatory Scrutiny Borard’s opinion on the Impact Assessment to
accompany the Proposal for a Directive on Sustainable corporate governance,
7 May 2021, Ares(2021)3065513, (hereafter ‘document 1’);
- The Regulatory Scrutiny Borard’s opinion on the resubmission of the Impact
Assessment Report to accompany a Proposal for a Directive on Sustainable
Corporate Governance, also containing the initial submission of 7 May 2021,
26 November 2021, Ares(2021)7290822, (hereafter ‘document 2’).
In its initial reply of 6 January 2022, the Regulatory Scrutiny Board refused access to
these documents on the basis of the exceptions laid down in the first subparagraph of
Article 4(3) (protection of the decision-making process) of Regulation (EC) No
1049/2001.
In your confirmatory application, you request a review of the initial reply of the
Regulatory Scrutiny Board.
2.
ASSESSMENT AND CONCLUSIONS UNDER REGULATION (EC) NO 1049/2001
When assessing a confirmatory application for access to documents submitted pursuant
to Regulation (EC) No 1049/2001, the Secretariat-General conducts a fresh review of the
reply given by the service concerned at the initial stage.
Following this review, I am pleased to inform you that full access is granted to
documents 1 and 2. Both documents are published under reference SEC(2022) 95 on the
Register of Commission Documents at
https://ec.europa.eu/transparency/documents-
register/detail?ref=SEC(2022)95&lang=en.
You may reuse the documents disclosed free of charge and for non-commercial and
commercial purposes provided that the source is acknowledged and that you do not
distort the original meaning or message of the document. Please note that the requested
documents and do not reflect the European Commission’s final deliberation on the
matter. Please also note that the European Commission does not assume liability
stemming from the reuse.
2
3.
MEANS OF REDRESS
Finally, I draw your attention to the means of redress available against this decision. You
may either bring proceedings before the General Court or file a complaint with the
European Ombudsman under the conditions specified respectively in Articles 263 and
228 of the Treaty on the Functioning of the European Union.
Yours sincerely,
For the Commission
Ilze JUHANSONE
Secretary-General
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Document Outline