Ref. Ares(2024)6672967 - 20/09/2024
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR JUSTICE AND CONSUMERS
The Director-General
Brussels
JUST.H.1.001/
Ms. Emma DU CHATINIER
Follow The Money
Rue Auguste Orts 2
B-1000 Brussels
ask+request-14699-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents 2024/3395
Dear Ms. Du Chatinier,
I refer to your request for access to European Commission documents registered on
27/06/2024 under the above-mentioned reference number.
Please accept my apologies for the delayed response.
You request access to:
“minutes and briefing notes for the following meetings:
- Meeting on 'General presentation of activities on the group' between Didier
Reynders Commissioner, Geneviève Tuts, Lucrezia Busa and Amazon on
18/02/2020.
- Meeting on 'consumer protection – online services subscription and fake online
reviews' between Isabelle Perignon and Amazon on 14/09/2021
- Meeting on 'The product safety pledge and its future extension' between Didier
Reynders and Amazon (as well as various other parties) on 25/11/2021
- Meeting on 'Data protection and consumers’ protection' between Lucrezia Busa,
Didier Reynders and Amazon on 07/03/2023”
The following documents fall within the scope of your application:
1 Briefing for the meeting with Amazon on 18/02/2020 – Ares(2024)6379449
(hereafter ‘document 1’)
2 Briefing for the meeting with Amazon on 14/09/2021 – CAB REYNDERS/962
(hereafter ‘document 2’)
3 Flash report of the meeting with Amazon on 14/09/2021 – Ares(2024)6380090
(hereafter ‘document 3’)
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
4 Briefing for the meeting on the Safety Pledge on 25/11/2021 – CAB
REYNDERS/1083 (hereafter ‘document 4’)
5 Flash report of the meeting on the Safety Pledge of 25/11/2021 –
Ares(2023)702181 (hereafter ‘document 5’)
6 Briefing for the meeting with Amazon of 07/03/2023 – CAB REYNDERS/1679
(hereafter ‘document 6’)
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents (1), I have come to the conclusion that
they can be partially disclosed.
A complete disclosure of the documents is prevented by the exception concerning the
protection of privacy and the integrity of the individual outlined in Article 4(1)(b) of
Regulation (EC) No 1049/2001, because they contain the following personal data:
-
the names and contact information of Commission staff members not
pertaining to the senior management;
-
the names/initials and contact details of other natural persons;
-
other information relating to an identified or identifiable natural person
(curriculum vitae).
Article 9(1)(b) of the Data Protection Regulation (2) does not allow the transmission of
these personal data, except if you prove that it is necessary to have the data transmitted to
you for a specific purpose in the public interest and where there is no reason to assume that
the legitimate interests of the data subject might be prejudiced.
In your request, you do not express any particular interest to have access to these personal
data nor do you put forward any arguments to establish the necessity to have the data
transmitted for a specific purpose in the public interest. Consequently, I conclude that,
pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access cannot be granted to
the personal data contained in the requested documents.
In addition to the personal data contained in the documents, some parts of
document 1 have been blanked out as their disclosure is prevented by the exception laid down in Article
4(1)(a), third indent of Regulation (EC) No 1049/2001 (protection of the public interest as
regards international relations). Disclosure of these parts could have repercussions on
future or ongoing negotiations and could be detrimental to the serenity, confidentiality and
effectiveness of negotiations with the United States related to the Privacy Shield and
electronic evidence.
(1) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents, OJ L 145, 31/05/2001, p.
43.
(2) 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, OJ L 295, 21.11.2018, p. 39.
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The redacted parts in
document 2 contain sensitive business information that could affect
the commercial interests of Amazon, information that relates to legal advice, and
information that relates to an enforcement file from the CPC network which is not in the
public domain. Such information cannot be disclosed for other purposes than enforcement
(see Article 33(3) Regulation (EU) 2017/2394 on cooperation between national authorities
responsible for the enforcement of consumer protection laws (3)). The exceptions laid
down in Article 4(2), first indent (protection of commercial interests of a legal person),
second indent (protection of legal advice) and third indent (protection of the purpose of
investigations) therefore apply to document 2.
Finally, parts of
document 3 had to be blanked out because of the exception laid down in
the first indent of Article 4(2), i.e. protection of commercial interests of a legal person.
They concern discussions and sensitive positions regarding the continuous update of the
Product Safety Pledge+, a voluntary industry initiative facilitated by the Commission.
Disclosing these positions could undermine the general trust in the Pledge process and
engagement of businesses to take voluntary commitments on top of the legal requirements
in the interest of EU consumers.
The exceptions laid down in Article 4(2) and 4(3) of Regulation (EC) No 1049/2001 apply
unless there is an overriding public interest in disclosure of the withheld parts of the
documents.
I have examined whether there could be an overriding public interest in disclosure, but I
have not been able to identify such an interest.
Please note that the identified documents were drawn up for internal use under the
responsibility of the relevant services of the Directorate-General for Justice and
Consumers. They solely reflect the services’ interpretation of the interventions made and
do not set out any official position of the third parties to which the documents refer, which
were not consulted on their content. Furthermore, they do not reflect the position of the
Commission and cannot be quoted as such.
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 to the Secretariat-General of the
Commission within 15 working days upon receipt of this letter. You can submit it
by mail, to:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
(3) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on
cooperation between national authorities responsible for the enforcement of consumer protection laws
and repealing Regulation (EC) No 2006/2004, OJ L 345, 27.12.2017, p. 1.
3
or by email, t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Ana GALLEGO
4
Electronically signed on 19/09/2024 18:58 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
