Ref. Ares(2021)49539 - 04/01/2021
Directorate C – Transparency, Efficiency & Resources
By registered mail with AR
Ms Margarida Da Silva
Corporate Europe Observatory
Rue d'Edimbourg 26
Copy by email:
Your application for access to documents – GESTDEM 2020/6201
Dear Ms Da Silva,
I refer to your e-mail/letter of 16 October 2020, registered on the same day, in which you
make a request for access to documents, under the above-mentioned reference number.
Please accept our apologies for the late reply to your request.
SCOPE OF YOUR REQUEST
You request access to, I quote:
‘Under the right of access to documents in the EU treaties, as developed in Regulation
1049/2001, I am requesting documents related to any guidance or instructions on how to
handle and process access to documents requests.
I am particularly interested in guidance regarding lobby meetings’ record-keeping and
requests regarding interactions with lobbyists’.
ASSESSMENT AND CONCLUSIONS UNDER REGULATION (EC) NO 1049/2001
We regret to inform you that the Commission does not hold any documents that would
correspond to the part of your request referring to ‘guidance regarding lobby meetings’
record-keeping and requests regarding interactions with lobbyists’.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Article 2(3) of Regulation (EC) No 1049/2001 provides, in particular, that ‘[t]his
Regulation shall apply to all documents held by an institution, that is to say, documents
drawn up or received by it and in its possession, in all areas of activity of the European
Given that no such documents, corresponding to the description given in your
application, are held by the Commission, the Commission is not in a position to fulfil
Indeed, there are two Commission Decisions that provide for the rules relating to lobby
2014/838/EU, Euratom: Commission Decision of 25 November 2014 on
the publication of information on meetings held between Directors-
General of the Commission and organisations or self-employed
2014/839/EU, Euratom: Commission Decision of 25 November 2014 on
the publication of information on meetings held between Members of the
Commission and organisations or self-employed individuals2.
If an access to documents request is submitted in relation to a lobby meeting, the
Commission applies the rules of Regulation (EC) No 1049/2001. As per Article 1(2) of
both Commission Decisions, the information to be made public shall consist of the date
of the meeting, the location, the name of the Member of the Commission and/or member
of the Cabinet or the name of the Director-General, the name of the organisation or self-
employed individual and the subject of the meeting. As there are no further record-
keeping obligation in relation to lobby meetings, the above information is published to
the public in the form of a clear and self-explanatory table as a result of a search on the
webpages of the Transparency Register3. Therefore, it did not seem particularly
necessary to issue any specific guidance on lobby meetings.
Concerning the part of your request referring to ‘documents related to any guidance or
instructions on how to handle and process access to documents requests’, the Secretariat-
General of the European Commission has identified the following documents as falling
under the scope of your request with regard to your particular interest in getting access to
documents related to lobby meetings:
Fiche 5 – Access to documents from third parties, updated August 2018,
(hereafter ‘document 1’);
Fiche 9 – Third parties’ personal data (names, signatures, contact details,
etc.), updated 30 March 2020 (hereafter ‘document 2’); and
Access to names and functions of Commission staff – Guidance note,
dated 16 December 2020 (hereafter ‘document 3’; documents 1 to 3 are
hereafter the ‘requested documents’).
I can inform you that full access is granted to the requested documents.
MEANS OF REDRESS
In accordance with Article 7(2) of Regulation (EC) No 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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
or by email to: firstname.lastname@example.org.
Electronically signed on 04/01/2021 11:15 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482