EUROPEAN COMMISSION
Brussels, 24.7.2019
C(2019) 5665 final
Kristen Fiedler
European Digital Rights
Rue Belliard 12
1040 Brussels, Belgium
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 2019/866
Dear Ms Fiedler,
I refer to your letter of 24 April 2019, registered on the same day, in which you submit 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').
1.
SCOPE OF YOUR REQUEST
In your initial application of 14 February 2019, addressed to the Directorate-General for
Communications Networks, Content and Technology, you requested access to:
‘ - all communication sent to and received from Members States and their National
Regulatory Authorities to prepare the implementation report of the Regulation (EU)
2015/2120 (Open Internet Regulation) which is due on 30 April 2019;
- all communication sent to and received from Member States and National Regulatory
Authorities to follow upon annual reporting obligations under the Regulation (EU)
2015/2120 (Open Internet Regulation)’.
The European Commission has identified a total of 90 documents (49 email exchanges
with annexes) as falling under the scope of your request, which are listed in Annex 1.
1
Official Journal L 345 of 29.12.2001, p. 94.
2 Official Journal L 145 of 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
In its initial reply of 23 April 2019, the Directorate-General for Communications
Networks, Content and Technology refused access to these documents based on the
exceptions of Article 4(1)(b) (protection of privacy and the integrity of the individual),
and Article 4(3), first subparagraph (protection of the ongoing decision-making process)
of Regulation (EC) No 1049/2001.
In your confirmatory application, you request a review of this position. You state that
you do not request access to the personal data contained in the documents, hence they
will fall outside the scope of the confirmatory application. However, you note that, in
your view, the exception of Article 4(3), first subparagraph (protection of the ongoing
decision-making process) of Regulation (EC) No 1049/2001 is no longer applicable since
the decision-making process is now closed.
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 Directorate-General concerned at the initial stage.
Since some of these documents originate from third parties, the Secretariat-General
consulted the national authorities of Greece, Cyprus, United Kingdom and Luxembourg
in accordance with Article 4(4) and 4(5) of Regulation (EC) No 1049/2001 with a view
of assessing whether an exception in paragraph 1 or 2 of Article 4 of Regulation (EC) No
1049/2001 could be applicable. The national authorities of Greece, Cyprus and United
Kingdom did not have any objection against the disclosure of their respective documents.
The European Commission did not receive a reply from the national authorities of
Luxembourg.
Following this review and taking into consideration the results of the consultation, I can
inform you that wide partial access is granted to 90 documents (emails and annexes)
subject to the redaction of personal data based on Article 4(1)(b) (protection of the
privacy and integrity of the individual) of Regulation (EC) No 1049/2001, as explained
previously in the initial reply of 23 April 2019.
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
Martin SELMAYR
Secretary-General
Enclosures: (91)
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