Ref. Ares(2021)167542 - 08/01/2021
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate A - Strategy, Better Regulation & Corporate Governance
The Director
Brussels,
SG.A2/FL/
Samuel Stolton
EURACTIV Brussels
International Press Centre
Boulevard Charlemagne 1
1041 Bruxelles
E-mail:
ask+request-8783-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2020/6996
Dear Mr Stolton,
We refer to your request for access to documents dated 17 November 2020, registered on
the same date under the above-mentioned reference number.
You have requested:
- All communication between the Commission's Regulatory Scrutiny Board and
any of the following Commission DGs: DG GROW, DG COMP, DG
CONNECT, on the subject of the Digital Services Act and/or the Digital Markets
Act. This could include but is not limited to, e-mails, text messages, basis
documents, memos or drafts.
- All communication between the Commission's Regulatory Scrutiny Board and the
cabinets of either Executive Vice-President Margrethe Vestager or Commissioner
Thierry Breton on the subject of the Digital Services Act and/or the Digital
Markets Act. This could include but is not limited to, e-mails, text messages,
basis documents, memos or drafts.
We have identified the following documents as being concerned by your application:
1. Quality checklist by the RSB - DMA – Ares(2020) 6107919;
2. Quality checklist by the RSB - DSA – Ares (2020) 6108087;
3. Invitation email by the RSB – DMA - ARES(2020)7346697;
4. Invitation email by the RSB – DSA - ARES(2020)7346877;
5. Written response on the quality checklist DMA and annex - ARES(2020)7350223;
6. Written response on the quality checklist DSA and annexes – ARES(2020)7350112;
7. Opinion on impact assessment and cover note - DMA – Ares(2020) 6422184;
8. Opinion on impact assessment and cover note - DSA – Ares(2020)6423341;
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BERL 05/365 ‐ Tel. direct line +32 229 61306
9. Submission of draft impact assessment – DMA – report, annexes, cover letter and
executive summary – Ares(2020)5359644;
10. Submission of draft impact assessment – DSA – report annexes, cover letter and
executive summary – Ares(2020)5359529;
11. Upstream meeting with RSB on DSA – e-mail and attached minutes -
ARES(2020)7350637;
12. Upstream meeting with RSB on new competition tool – e-mail and attached minutes
- ARES(2020)7350499.
I draw your attention to the fact that the opinions of the Regulatory Scrutiny Board
(documents (7) and (8)) and the final versions of the impact assessments have been
published on the Commission’s website:
https://ec.europa.eu/transparency/regdoc/?fuseaction=ia
I enclose a copy of the documents you have requested. Please note that in line with
Article 4(1)(b) of Regulation (EC) No 1049/2001 personal data in the documents have
been blanked out as their disclosure is prevented by exceptions to the right of access laid
down in Article 4(1)(b) of this Regulation. This relates to names and/or coordinates of
representatives of the Commission who do not hold a management position.
Pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its disclosure would undermine the protection of privacy and the integrity of
the individual, in particular in accordance with Community legislation regarding the
protection of personal data.
The applicable legislation in this field is Regulation (EU) 2018/1725 of the European
Parliament and of the Council of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions, bodies, offices and
agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001
and Decision No 1247/2002/EC (‘Regulation 2018/1725’).
In your request, you do not put forward any arguments to establish the necessity to have the
data transmitted for a specific purpose in the public interest. Therefore, the European
Commission does not have to examine whether there is a reason to assume that the data
subject’s legitimate interests might be prejudiced.
In accordance with Article 7(2) of Regulation 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 Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Brussels
2
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
Michael Wimmer
Enclosure:
25 annexes
3
Electronically signed on 08/01/2021 11:04 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482