Stakeholder communication on the Digital Euro
Alexander Fanta a fait une demande de Accès à l'information à Banque centrale européenne
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Dear European Central Bank,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting all communication with companies, industry groups and thinktanks on the Digital Euro that has not yet been published on the ECB website. My request is meant to include e-mails, letters, text messages, etc.
Yours faithfully,
Alexander Fanta
netzpolitik.org e.V.
Schönhauser Allee 6-7
10119 Berlin
Dear Mr Fanta,
Thank you for your request dated 15 June 2023 for access to European
Central Bank (ECB) documents.
In accordance with Article 7(1) of [1]Decision ECB/2004/3 of the European
Central Bank, you will receive a reply within 20 working days.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[2][email address]
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [3]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([4]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([5][email address]) or the ECB’s Data Protection
Officer ([6][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([7]www.edps.europa.eu) any time
regarding this processing of your personal data.
Dear Mr Fanta,
We refer to your request of 15 June 2023 for access to European Central
Bank (ECB) documents.
We regret to inform you that, due to the increased workload created by a
high number of simultaneous requests, the ECB has not yet been able to
conclude its internal assessment process as well as a detailed analysis of
all legal aspects related to the possible disclosure of the requested
documents.
In accordance with Article 8(2) of [1]Decision ECB/2004/3 of the European
Central Bank, the ECB has decided to extend the time limit for responding
to your application by 20 working days.
We apologise for the inconvenience this delay may cause.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[2][email address]
From: Access to documents <[3][email address]>
Sent: 16 June 2023 15:48
To: Alexander Fanta <[4][FOI #13155 email]>
Cc: Access to documents <[5][email address]>
Subject: ECB Acknowledgement of receipt - access to documents request -
Stakeholder communication on the Digital Euro
Dear Mr Fanta,
Thank you for your request dated 15 June 2023 for access to European
Central Bank (ECB) documents.
In accordance with Article 7(1) of [6]Decision ECB/2004/3 of the European
Central Bank, you will receive a reply within 20 working days.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[7][email address]
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [8]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([9]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([10][email address]) or the ECB’s Data Protection
Officer ([11][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([12]www.edps.europa.eu) any time
regarding this processing of your personal data.
Dear Mr Fanta,
On 15 June 2023 the ECB received your application for public access to
“all communication with companies, industry groups and thinktanks on the
Digital Euro that has not yet been published on the ECB website”. On 12
July 2023, due to an exceptionally high workload resulting from a large
number of concurrent requests, the ECB extended the time limit for its
reply by an additional 20 working days in accordance with Article 7(3) of
[1]Decision ECB/2004/3 of the ECB.[2]^^[1]
As you may know, the ECB publishes extensive information on digital euro
on its [3]dedicated website and is committed to high transparency of its
investigation phase. The ECB also engages closely with various
stakeholders, including consumers, merchants, and intermediaries, to
ensure a digital euro meets users’ needs. In that context, material from
the Digital Euro Market Advisory Group and the Euro Retail Payments Board
Technical Sessions on digital euro are [4]regularly published. In
addition, ECB experts also exchange views on technical design features of
a digital euro with market experts following [5]public calls for
expression of interest, and meet with representatives from European
[6]civil society organisations and academia.
We note that you are interested in documents that have not yet been
published on the ECB website. Consequently, we understand your request
relates to official ECB communication with the private sector (companies,
industry groups and thinktanks) between the starting of the project in
October 2021 and 15 June 2023, the date we received your request.
We are pleased to inform you that following a thorough assessment in line
with the requirements set out in Decision ECB/2004/3 on public access to
ECB documents, the ECB considers that access to all documents considered
within the scope of your request can be granted in full since none of the
exceptions listed in Article 4 of the Decision apply.
For easy reference, a comprehensive list of the ECB communications
relevant to your request and made available by the ECB in the [7]Public
Register, is annexed to this email further below.
Please note that where applicable parts containing personal data of staff
members of the ECB or of third parties have been redacted, together with
shared e-mail addresses and any information that would make the data
subjects identifiable.
Finally, please also note that further redactions might apply to parts of
documents that were considered out of scope.
We hope the below will be useful for you.
ANNEX
┌────────┬───────────────────────────┬──────────┬─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┐
│No. of│Description of document │Disclosure│Available at: │
│document│ │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 1 │Letter from Fabio Panetta │Full (only│[8]https://www.ecb.europa.eu/ecb/access_to_... │
│ │to European Banking │personal │ │
│ │Federation, European │data │ │
│ │Savings and Retail Banking │redacted) │ │
│ │Group and European │ │ │
│ │Association of Cooperative │ │ │
│ │Banks on the involvement of│ │ │
│ │the European banking │ │ │
│ │industry in the │ │ │
│ │investigation phase of the │ │ │
│ │digital euro project, dated│ │ │
│ │8 February 2022 │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 2 │Letter from Fabio Panetta │Full (only│[9]https://www.ecb.europa.eu/ecb/access_to_... │
│ │to Bundesverband deutscher │personal │ │
│ │Banken e.V. on the │data │ │
│ │involvement of the German │redacted) │ │
│ │banking industry in the │ │ │
│ │investigation phase of the │ │ │
│ │digital euro project, dated│ │ │
│ │19 July 2022 │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 3 │Email from the ECB on the │Full (only│[10]https://www.ecb.europa.eu/ecb/access_to_... │
│ │dialogue between the ECB │personal │ │
│ │and the Association of │data │ │
│ │German Banks following │redacted) │ │
│ │Bundesbank conference on │ │ │
│ │payments, dated 21 October │ │ │
│ │2022 │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 4 │Email from Fabio Panetta to│Full (only│[11]https://www.ecb.europa.eu/ecb/access_to_... │
│ │Grupo Santander, dated 21 │personal │ │
│ │October 2022 │data │ │
│ │ │redacted) │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 5 │Letter from the ECB to the │Full (only│[12]https://www.ecb.europa.eu/ecb/access_to_... │
│ │European Payments Council │personal │ │
│ │on the digital euro │data │ │
│ │project, dated 9 January │redacted) │ │
│ │2023 │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 6 │Letter from the ECB to │Full (only│[13]https://www.ecb.europa.eu/ecb/access_to_... │
│ │European Association of │personal │ │
│ │Cooperative Banks, European│data │ │
│ │Savings and Retail Banking │redacted) │ │
│ │Group and European Banking │ │ │
│ │Federation, on the digital │ │ │
│ │euro scheme, dated 9 │ │ │
│ │January 2023 │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 7 │Letter from the ECB │Full (only│[14]https://www.ecb.europa.eu/ecb/access_to_... │
│ │President to Banco │personal │ │
│ │Santander on its position │data │ │
│ │paper from January 2023 │redacted) │ │
│ │"Reflections on the design │ │ │
│ │of the digital Euro", dated│ │ │
│ │17 February 2023 │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 8 │Letter from Fabio Panetta │Full (only│[15]https://www.ecb.europa.eu/ecb/access_to_...
│ │to Association of German │personal │ │
│ │Banks on position paper "A │data │ │
│ │digital euro - the next │redacted) │ │
│ │step in the evolution of │ │ │
│ │money" from 6 February │ │ │
│ │2023, dated 23 February │ │ │
│ │2023 │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 9 │Letter from Fabio Panetta │Full (only│[16]https://www.ecb.europa.eu/ecb/access_to_... │
│ │to Association │personal │ │
│ │Europe-Finances-Régulations│data │ │
│ │(AEFR) on the debate paper │redacted) │ │
│ │"A retail CBDC in Europe: │ │ │
│ │the current situation and │ │ │
│ │challenges" from 24 April │ │ │
│ │2023, dated 6 June 2023 │ │ │
├────────┼───────────────────────────┼──────────┼─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤
│ 10 │Letter from Fabio Panetta │Full (only│[17]https://www.ecb.europa.eu/ecb/access_to_... │
│ │to EBA CLEARING on the EBA │personal │ │
│ │CLEARING's comments on the │data │ │
│ │digital euro design, dated │redacted) │ │
│ │13 June 2023 │ │ │
└────────┴───────────────────────────┴──────────┴─────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┘
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[18][email address]
From: Access to documents <[19][email address]>
Sent: Mittwoch, 12. Juli 2023 16:58
To: [20][FOI #13155 email]
Cc: Access to documents <[21][email address]>
Subject: Extension of deadline - access to documents - Stakeholder
communication on the Digital Euro
Dear Mr Fanta,
We refer to your request of 15 June 2023 for access to European Central
Bank (ECB) documents.
We regret to inform you that, due to the increased workload created by a
high number of simultaneous requests, the ECB has not yet been able to
conclude its internal assessment process as well as a detailed analysis of
all legal aspects related to the possible disclosure of the requested
documents.
In accordance with Article 8(2) of [22]Decision ECB/2004/3 of the European
Central Bank, the ECB has decided to extend the time limit for responding
to your application by 20 working days.
We apologise for the inconvenience this delay may cause.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[23][email address]
From: Access to documents <[24][email address]>
Sent: 16 June 2023 15:48
To: Alexander Fanta <[25][FOI #13155 email]>
Cc: Access to documents <[26][email address]>
Subject: ECB Acknowledgement of receipt - access to documents request -
Stakeholder communication on the Digital Euro
Dear Mr Fanta,
Thank you for your request dated 15 June 2023 for access to European
Central Bank (ECB) documents.
In accordance with Article 7(1) of [27]Decision ECB/2004/3 of the European
Central Bank, you will receive a reply within 20 working days.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[28][email address]
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [29]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([30]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([31][email address]) or the ECB’s Data Protection
Officer ([32][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([33]www.edps.europa.eu) any time
regarding this processing of your personal data.
Dear European Central Bank,
Please pass this on to the person who reviews confirmatory applications.
I am filing the following confirmatory application with regards to my access to documents request 'Stakeholder communication on the Digital Euro'.
In your decision dating to August 8, 2023, I was granted partial access to 9 documents concerning lobbying on the digital euro. However, I note that communication from third parties has been redacted from those documents. As Decision ECB/2004/3 states in Article 3 (a), an "ECB document" shall refer to any document "drawn up or held by the ECB". Therefore I consider the e-mails and letters from third parties, such as the redacted part of document 3 (e-mail from the German Association of Banks), to be within the scope of my request. I kindly ask to re-examine my request and grant access not just to the communication from the ECB, but also to all communication to the ECB from stakeholders. I agree to redact personal data from the documents.
Yours faithfully,
Alexander Fanta
Dear Mr Fanta,
Thank you for your e-mail of 21 August 2023 and clarifications provided on
the scope of your initial request.
As explained in our previous response, certain redactions were applied to
sections of the documents that were deemed to be out of scope. This
applies to documents (emails) No. 3 and No. 4, as listed in the table
provided in our initial decision dated August 8, 2023.
We would like to clarify that we interpreted your request as pertaining
exclusively to official communications initiated by the ECB and not to
emails received from third parties.
Following your clarification below, we are of course glad to assess
potential disclosure of the remaining excerpts of document No.3 and No.4
initially deemed out of scope.
However, please note that this would be treated as a new request, since
the ECB has not yet assessed potential disclosure of these excerpts
against the exceptions outlined in Decision ECB/2004/3 of 4 March 2004, as
amended.
Thank you for your understanding.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[1][email address]
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [2]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([3]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([4][email address]) or the ECB’s Data Protection
Officer ([5][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([6]www.edps.europa.eu) any time
regarding this processing of your personal data.
Dear Mr Fanta,
We refer to your request of 21 August 2023, for access to European Central
Bank (ECB) documents.
We regret to inform you that, due to the need to consult the authors of
third-party documents in accordance with Article 4(4) of [1]Decision
ECB/2004/3 of the European Central Bank, the ECB has not yet been able to
conclude its internal assessment as well as a detailed analysis of all
legal aspects related to the possible disclosure of the requested
documents.
In accordance with Article 7(3) of Decision ECB/2004/3, the ECB has
decided to extend the time limit for responding to your application by 20
working days.
We apologise for the inconvenience this delay may cause.
Yours sincerely
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[2][email address]
From: Access to documents <[email address]>
Sent: Tuesday, August 22, 2023 13:36
To: Alexander Fanta <[FOI #13155 email]>
Cc: Access to documents <[email address]>
Subject: Acknowledgment of receipt - Internal review of access to
documents request - Stakeholder communication on the Digital Euro
Dear Mr Fanta,
Thank you for your e-mail of 21 August 2023 and clarifications provided on
the scope of your initial request.
As explained in our previous response, certain redactions were applied to
sections of the documents that were deemed to be out of scope. This
applies to documents (emails) No. 3 and No. 4, as listed in the table
provided in our initial decision dated August 8, 2023.
We would like to clarify that we interpreted your request as pertaining
exclusively to official communications initiated by the ECB and not to
emails received from third parties.
Following your clarification below, we are of course glad to assess
potential disclosure of the remaining excerpts of document No.3 and No.4
initially deemed out of scope.
However, please note that this would be treated as a new request, since
the ECB has not yet assessed potential disclosure of these excerpts
against the exceptions outlined in Decision ECB/2004/3 of 4 March 2004, as
amended.
Thank you for your understanding.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[3][email address]
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [4]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([5]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([6][email address]) or the ECB’s Data Protection
Officer ([7][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([8]www.edps.europa.eu) any time
regarding this processing of your personal data.
Dear Mr Fanta,
Please find attached the ECB’s reply (1st batch) to your request of 21
August 2023 for access to ECB documents.
Please note that due to technical issues, the disclosed documents will be
made available in the Public Register tomorrow morning. A replacement
version of the Annex with links to the published documents included will
be provided to you.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[1][email address]
_____________________________________________
From: Access to documents <[2][email address]>
Sent: 18 September 2023 18:08
To: Alexander Fanta <[3][FOI #13155 email]>
Cc: Access to documents <[4][email address]>
Subject: Extension of deadline - Internal review of access to documents
request - Stakeholder communication on the Digital Euro
Dear Mr Fanta,
We refer to your request of 21 August 2023, for access to European Central
Bank (ECB) documents.
We regret to inform you that, due to the need to consult the authors of
third-party documents in accordance with Article 4(4) of [5]Decision
ECB/2004/3 of the European Central Bank, the ECB has not yet been able to
conclude its internal assessment as well as a detailed analysis of all
legal aspects related to the possible disclosure of the requested
documents.
In accordance with Article 7(3) of Decision ECB/2004/3, the ECB has
decided to extend the time limit for responding to your application by 20
working days.
We apologise for the inconvenience this delay may cause.
Yours sincerely
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[6][email address]
From: Access to documents <[7][email address]>
Sent: Tuesday, August 22, 2023 13:36
To: Alexander Fanta <[8][FOI #13155 email]>
Cc: Access to documents <[9][email address]>
Subject: Acknowledgment of receipt - Internal review of access to
documents request - Stakeholder communication on the Digital Euro
Dear Mr Fanta,
Thank you for your e-mail of 21 August 2023 and clarifications provided on
the scope of your initial request.
As explained in our previous response, certain redactions were applied to
sections of the documents that were deemed to be out of scope. This
applies to documents (emails) No. 3 and No. 4, as listed in the table
provided in our initial decision dated August 8, 2023.
We would like to clarify that we interpreted your request as pertaining
exclusively to official communications initiated by the ECB and not to
emails received from third parties.
Following your clarification below, we are of course glad to assess
potential disclosure of the remaining excerpts of document No.3 and No.4
initially deemed out of scope.
However, please note that this would be treated as a new request, since
the ECB has not yet assessed potential disclosure of these excerpts
against the exceptions outlined in Decision ECB/2004/3 of 4 March 2004, as
amended.
Thank you for your understanding.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[10][email address]
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [11]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([12]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([13][email address]) or the ECB’s Data Protection
Officer ([14][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([15]www.edps.europa.eu) any time
regarding this processing of your personal data.
Dear Mr Fanta,
As announced in our email yesterday, please find attached the replacement
Annex with links to the documents made available in the Public Register
earlier today.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[1][email address]
From: Access to documents
Sent: 17 October 2023 19:27
To: 'Alexander Fanta' <[2][FOI #13155 email]>
Cc: Access to documents <[3][email address]>
Subject: ECB Reply (1st batch) - Request for public access to ECB
documents - communication with the private sector on Digital Euro
Dear Mr Fanta,
Please find attached the ECB’s reply (1st batch) to your request of 21
August 2023 for access to ECB documents.
Please note that due to technical issues, the disclosed documents will be
made available in the Public Register tomorrow morning. A replacement
version of the Annex with links to the published documents included will
be provided to you.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[4][email address]
_____________________________________________
From: Access to documents <[5][email address]>
Sent: 18 September 2023 18:08
To: Alexander Fanta <[6][FOI #13155 email]>
Cc: Access to documents <[7][email address]>
Subject: Extension of deadline - Internal review of access to documents
request - Stakeholder communication on the Digital Euro
Dear Mr Fanta,
We refer to your request of 21 August 2023, for access to European Central
Bank (ECB) documents.
We regret to inform you that, due to the need to consult the authors of
third-party documents in accordance with Article 4(4) of [8]Decision
ECB/2004/3 of the European Central Bank, the ECB has not yet been able to
conclude its internal assessment as well as a detailed analysis of all
legal aspects related to the possible disclosure of the requested
documents.
In accordance with Article 7(3) of Decision ECB/2004/3, the ECB has
decided to extend the time limit for responding to your application by 20
working days.
We apologise for the inconvenience this delay may cause.
Yours sincerely
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[9][email address]
From: Access to documents <[10][email address]>
Sent: Tuesday, August 22, 2023 13:36
To: Alexander Fanta <[11][FOI #13155 email]>
Cc: Access to documents <[12][email address]>
Subject: Acknowledgment of receipt - Internal review of access to
documents request - Stakeholder communication on the Digital Euro
Dear Mr Fanta,
Thank you for your e-mail of 21 August 2023 and clarifications provided on
the scope of your initial request.
As explained in our previous response, certain redactions were applied to
sections of the documents that were deemed to be out of scope. This
applies to documents (emails) No. 3 and No. 4, as listed in the table
provided in our initial decision dated August 8, 2023.
We would like to clarify that we interpreted your request as pertaining
exclusively to official communications initiated by the ECB and not to
emails received from third parties.
Following your clarification below, we are of course glad to assess
potential disclosure of the remaining excerpts of document No.3 and No.4
initially deemed out of scope.
However, please note that this would be treated as a new request, since
the ECB has not yet assessed potential disclosure of these excerpts
against the exceptions outlined in Decision ECB/2004/3 of 4 March 2004, as
amended.
Thank you for your understanding.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[13][email address]
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [14]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([15]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([16][email address]) or the ECB’s Data Protection
Officer ([17][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([18]www.edps.europa.eu) any time
regarding this processing of your personal data.
Dear Mr Fanta,
Following up on our reply of 17 October 2023 addressing the first batch
of your request, please find attached the ECB’s reply (2nd and final
batch) to your request for access to ECB documents.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[1][email address]
From: Access to documents <[email address]>
Sent: 18 October 2023 16:09
To: 'Alexander Fanta' <[FOI #13155 email]>
Cc: Access to documents <[email address]>
Subject: ECB Reply (1st batch) - Replacement Annex - Request for public
access to ECB documents - communication with the private sector on Digital
Euro
Dear Mr Fanta,
As announced in our email yesterday, please find attached the replacement
Annex with links to the documents made available in the Public Register
earlier today.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[2][email address]
From: Access to documents
Sent: 17 October 2023 19:27
To: 'Alexander Fanta' <[3][FOI #13155 email]>
Cc: Access to documents <[4][email address]>
Subject: ECB Reply (1st batch) - Request for public access to ECB
documents - communication with the private sector on Digital Euro
Dear Mr Fanta,
Please find attached the ECB’s reply (1st batch) to your request of 21
August 2023 for access to ECB documents.
Please note that due to technical issues, the disclosed documents will be
made available in the Public Register tomorrow morning. A replacement
version of the Annex with links to the published documents included will
be provided to you.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[5][email address]
_____________________________________________
From: Access to documents <[6][email address]>
Sent: 18 September 2023 18:08
To: Alexander Fanta <[7][FOI #13155 email]>
Cc: Access to documents <[8][email address]>
Subject: Extension of deadline - Internal review of access to documents
request - Stakeholder communication on the Digital Euro
Dear Mr Fanta,
We refer to your request of 21 August 2023, for access to European Central
Bank (ECB) documents.
We regret to inform you that, due to the need to consult the authors of
third-party documents in accordance with Article 4(4) of [9]Decision
ECB/2004/3 of the European Central Bank, the ECB has not yet been able to
conclude its internal assessment as well as a detailed analysis of all
legal aspects related to the possible disclosure of the requested
documents.
In accordance with Article 7(3) of Decision ECB/2004/3, the ECB has
decided to extend the time limit for responding to your application by 20
working days.
We apologise for the inconvenience this delay may cause.
Yours sincerely
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[10][email address]
From: Access to documents <[11][email address]>
Sent: Tuesday, August 22, 2023 13:36
To: Alexander Fanta <[12][FOI #13155 email]>
Cc: Access to documents <[13][email address]>
Subject: Acknowledgment of receipt - Internal review of access to
documents request - Stakeholder communication on the Digital Euro
Dear Mr Fanta,
Thank you for your e-mail of 21 August 2023 and clarifications provided on
the scope of your initial request.
As explained in our previous response, certain redactions were applied to
sections of the documents that were deemed to be out of scope. This
applies to documents (emails) No. 3 and No. 4, as listed in the table
provided in our initial decision dated August 8, 2023.
We would like to clarify that we interpreted your request as pertaining
exclusively to official communications initiated by the ECB and not to
emails received from third parties.
Following your clarification below, we are of course glad to assess
potential disclosure of the remaining excerpts of document No.3 and No.4
initially deemed out of scope.
However, please note that this would be treated as a new request, since
the ECB has not yet assessed potential disclosure of these excerpts
against the exceptions outlined in Decision ECB/2004/3 of 4 March 2004, as
amended.
Thank you for your understanding.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[14][email address]
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [15]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([16]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([17][email address]) or the ECB’s Data Protection
Officer ([18][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([19]www.edps.europa.eu) any time
regarding this processing of your personal data.
Dear European Central Bank,
Please pass this on to the person who reviews confirmatory applications.
I am filing the following confirmatory application with regards to my access to documents request 'Stakeholder communication on the Digital Euro'.
I note that almost all documents in the scope of my request were disclosed subject to redaction of personal data. (I would like to thank the transparency unit for their swift work on this matter.) However, I note that several documents originating from Banco Santander, containing its "unique business view on the Digital Euro", are withheld based on the exception for commercial interest.
First, I note that while Article 4 of Decision ECB/2004/3 protects commercial interests and calls for consultation with third parties, not all disclosure undermines the interest of a third party and the institution is not bound by objections it has raised.
Second, European Ombudsman decisions in regard to cases based on Regulation 1049/2001 state that as not all information about a company is commercially sensitive, a test should be performed each time to conclude whether the exception applies (see European Ombudsman Case: 1701/2011/ANA 24 June 2013; Case: 676/2008/RT 07 July 2010.) The goal should be to determine whether disclosure would actually undermine the commercial interests of the company (see European Ombudsman Case: 1922/2014/PL 30 August 2016). I note that in several cases the Ombudsman has found insufficient grounds for refusal (European Ombudsman Case: 676/2008/RT 07 July 2010; Case: 181/2013/AN 16 February 2015). I would like to ask the ECB whether it has performed such a test and is satisfied that the information would actually undermine the interests of the bank.
Third, I note that the ECB has disclosed a substantial number of other documents related to this file, equally containing positions of commercial actors. I find it a matter of consistency to place documents originating from Banco Santander under the same kind of scrutiny as those of others.
Fourth, I would like to argue for an overriding public interest in disclosure of the documents in question. I believe the public perception of transparency to be vital in this matter. A selective non-disclosure of documents originating from a single institution could easily create the impression of selective treatment. Meanwhile, the public should have the possibility to weigh all arguments brought forward and informing the point of view of the institutions.
Yours faithfully,
Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Dear Mr Fanta,
The European Central Bank (ECB) confirms receipt, on 16 November 2023, of your confirmatory application for access to documents as specified in your email dated 16 November 2023.
Your request has been registered and a reply will be provided to you in line with Article 8 of Decision ECB/2004/3 of the European Central Bank.
Yours sincerely
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[email address]
Privacy notice: By submitting a request for access to documents, the ECB collects information about you for the sole purpose of processing your request in accordance with Decision ECB/2004/3. All personal data are processed in accordance with EU Data Protection Law (Regulation (EU) 2018/1725 of the European Parliament and of the Council). The ECB is the controller for the processing of the personal data. The recipients of the data will be the ECB’s Compliance and Governance Office and, only when necessary, other institutions within the European System of Central Banks, the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under certain conditions to request deletion of your stored personal data. You can exercise your rights by contacting the ECB's Compliance and Governance Office ([email address]) or the ECB’s Data Protection Officer ([email address]).Furthermore, you have the right to address the European Data Protection Supervisor (www.edps.europa.eu) any time regarding this processing of your personal data.
Dear Mr Fanta,
We refer to your confirmatory application of 16 November 2023, for access to European Central Bank (ECB) documents.
We regret to inform you that, due to the need to consult the author of the third-party documents in accordance with Article 4(4) of Decision ECB/2004/3 of the European Central Bank, and in accordance with Article 8(2) of that Decision, the ECB has decided to extend the time limit for responding to your application by 20 working days.
We apologise for the inconvenience this delay may cause.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[email address]
Dear Mr Fanta,
Please find attached the reply of the European Central Bank (ECB) to your confirmatory application of 16 November 2023, for access to ECB documents.
Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[email address]