JOINT RESEARCH CENTRE
Sent via e-mail only to1 :
Mr Krzysztof Markowski
Smart Kid S.A.
ul. Warszawska 976
05-083 Borzęcin Mały
Your application for access to documents – Ref.: GestDem No
Dear Mr Markowski,
We refer to your e-mails from 8 and 25 February 2021 in which you make a request for
access to documents, registered on 26 February 2021 under the above-mentioned
You request access to any documents where Smart Kid company has been mentioned.
I consider your request to cover documents held up to the date of your initial application, i.e.
8 February 2021.
We note that you have sent a similar request to to DG GROW, registered under GestDem
2021/0600. This reply relates only to the documents held by DG JRC under GestDem
2021/1094. You will receive the reply from DG GROW in due course.
Your application concerns the following documents held by the JRC:
1. JRC presentation in the 5th meeting of the Forum for Exchange of Information on
Enforcement, 10 June 2020, Ares(2020)3217091;
2. JRC presentation on preliminary results to GD GROW, 3 July 2020,
1 According to standard operational procedure, the reply is usually also sent to you by registered post. Please note,
however, that due to the extraordinary health and security measures currently in force during to the COVID-19
epidemics, which includes the requirement for all Commission non-critical staff to telework, we are unfortunately
not in a position to follow this procedure until further notice. We would therefore appreciate if you could confirm
receipt of the present e-mail.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: CDMA 06/162 - Tel. direct line +32 229-65897
3. JRC presentation at the 6th meeting of the Forum for Exchange of Information on
Enforcement, 10 November 2020, Ares(2020)7541366;
4. JRC Report and compliance assessment, 13 November 2020, Ares(2020)7541901;
5. JRC Report and compliance assessment of different configuration set up, 13
November 2020, Ares(2020)7542136
6. JRC Laboratory note, 20 September 2020, Ares(2020)7542278;
7. JRC Laboratory note, 2 December 2020, Ares(2020)7542368.
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
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) of the Regulation, 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
have 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;
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.
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 Secretary-General of the Commission at the following address:
Transparency, Document Management & Access to Documents (SG.C.1)
or by email to: firstname.lastname@example.org
Qualified electronic signature by:
BERNARD ROBERT MAGENHANN
Date: 2021-03-31 08:54:53 +02:00