Ref. Ares(2021)1046966 - 06/02/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
Director-General
Brussels,
GROW C4/SPR/cds(2021)
Ms Kamila Sotomska
Union of Entrepreneurs and
Employers
Nowy Świat 33 street
00-029 Warsaw
Poland
Sent by email only to:
ask+request-8753-
xxxxxxxx@xxxxxxxx.xxx
Subject: Request for access to documents – GESTDEM No. 2020/6882
Dear Ms Sotomska,
Thank you for your e-mail of 12 November 2020 which was registered at the Directorate-
General for Internal Market, Industry, Entrepreneurship and SMEs of the European
Commission on 12 November, 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 documents (correspondence, emails, messages, position papers, memos,
presentations, agendas, minutes, reports, test results, notes, pictures, videos,
recording, websites etc.) sent to or from the Automotive and Mobility Industries
unit of DG GROW (GROW.DDG1.C.4) and any assigned staff; and
all meetings (conferences, phone calls, conference calls etc.) held between the
Automotive and Mobility Industries unit of DG GROW (GROW.DDG1.C.4),
including any staff assigned, and any other party (European institutions and
agencies, international institutions, type approval authorities, research institutes,
consumer organizations, NGOs, lobby organizations, private companies etc.)
where child restraints systems were discussed since 01.09.2019, especially but
not limited to Smart Kid Belt.”
As your e-mail did not specify an end date for the time scope, we have considered
documents with a date up to and including 12 November 2020.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË
Following our request for clarification sent on 13 November 2020, you replied on 30
November, stating the following:
“Regarding the meetings, I would like to request a list of these meetings as well as any
documents which resulted thereof to include agendas, minutes, notes etc.”.
2.
INFORMATION ON MEETINGS
We have identified three meetings falling under the scope of your request. The list of
these meetings is in annex.
3.
DESCRIPTION OF DOCUMENTS IDENTIFIED
We have identified 158 documents falling under the scope of your request (including
three documents linked to meetings). The list of these documents is in annex.
4.
NON-DISCLOSURE OF THE DOCUMENTS
Following an examination of the documents requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, I would like to inform you
that access to the documents cannot be granted, as disclosure is prevented by exception to
the right of access laid down in Article 4(2), third indent of this Regulation ("The
institutions shall refuse access to a document where disclosure would undermine the
protection of […] - the purpose of inspections, investigations and audits").
The documents are all connected to a procedure of compliance verification by the
European Commission under Article 9 of the
Regulation (EU) 2018/858 of the European
Parliament and of the Council of 30 May 2018 on the approval and market surveillance
of motor vehicles and their trailers, and of systems, components and separate technical
units intended for such vehicles.
In the context of its market surveillance activities, the Commission is empowered to
organise and carry out tests and inspections to verify that vehicles, systems, components
and separate technical units placed on the internal market comply with the relevant
requirements.
Where, following the compliance verification tests, the Commission establishes that
vehicles, systems, components or separate technical units do not comply with the type-
approval requirements laid down in the Regulation or that the vehicles, systems,
components or separate technical unit do not comply with the type-approval or that the
type-approval has been granted on the basis of incorrect data, it shall initiate the
procedure provided for in Articles 53 or 54 of Regulation (EU) 2018/858.
According to the procedure under Article 54(5), the Commission consults the type-
approval authority that granted the approval of the non-compliant product, the authorities
of the other MS and the economic operator and may decide on the refusal of recognition
of the type-approval at Union level by adopting an implementing act, which has to be
implemented by the Member States.
Disclosure of the documents at this stage would undermine the protection of the
investigation in question, as it would put in the public domain ongoing exchanges;
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disclosure of which at this point in time would unduly interfere with the procedure and
may undermine the rights of the entities concerned.
According to Regulation (EC) No 1049/2001, an exception to the right of access must be
waived if there is an overriding public interest in disclosing the document concerned,
which outweighs the interest protected by the exception to the right of access. In this case
the Commission has reached the conclusion that there appears to be no overriding public
interest in their disclosure in the sense of the Regulation.
The possibility of granting partial access in accordance with Article 4(6) of Regulation
(EC) No 1049/2001 has also been examined. However, this is not considered possible
since the documents in question are covered in their entirety by the above-mentioned
exception.
5.
MEANS OF REDRESS
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review its 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
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles,
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
(e-signed)
Kerstin Jorna
Annexes: Document register
List of meetings
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Electronically signed on 05/02/2021 19:58 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline