Meetings with ASML
Alexander Fanta made this access to documents request to Internal Market, Industry, Entrepreneurship and SMEs as part of a batch sent to 4 authorities Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear Transparency Unit,
under Regulation 1049/2001, I would like to request all documents related to exchanges with ASML since January 1, 2020. This is meant to include minutes of meetings, position papers, e-mails and any other document.
Yours faithfully,
Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 04/10/2023 and registered on 04/10/2023 under the case number
2023/5812.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 25/10/2023. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr. Fanta,
We refer to your request for access to documents, registered on 04/10/2023
under the above mentioned reference number.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 25/10/2023.
An extended time limit is needed as in order to retrieve the documents
requested, large files have to be examined;
Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 17/11/2023.
We apologize for this delay and for any inconvenience this may cause.
Yours sincerely,
DG GROW – Access to documents team
European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG GROW/B1 – Planning and Briefings
Dear Mr Fanta,
Please find attached a message concerning your request for access to
Commission documents registered under the case number 2023/5812.
Kind regards,
DG GROW ACCESS TO DOCUMENTS
Dear DG Grow,
thank you for your fair solution proposal. I note that ASML lists a total of 21 lobby meetings with the Commission on the Transparency Register since January 1, 2020. Many of these meetings involved Commissioner Breton and his cabinet. I want to find out what was discussed at this meetings, and which follow-up exchanges happened after them. I note that, unusually, you do not give any figure for how many documents would be covered by the scope of my request. I am willing to narrow the scope of my request to any exchange between Breton, his cabinet and ASML. Can you give me an overview over how many documents are covered by this request?
Yours sincerely,
Alexander Fanta
Dear Mr Fanta,
Many thanks for your message of yesterday.
The documents you requested might concern DG CNECT and for what concerns DG GROW, we will reply shortly.
Kind regards,
DG GROW ACCESS TO DOCUMENTS TEAM
Dear Mr Fanta,
Please find enclosed a correspondence concerning your access to documents
request mentioned under the reference EASE 2023/5812.
Best regards,
DG GROW ACCESS TO DOCUMENTS
Dear Mr Fanta,
Please find enclosed the reply to your initial request with reference EASE
2023/5812.
We would appreciate if you could acknowledge the receipt of this message.
Many thanks.
Best regards,
GROW ACCESS TO DOCUMENTS TEAM
Dear Internal Market, Industry, Entrepreneurship and SMEs,
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 'Meetings with ASML'.
In regard to the meeting minutes withheld, I argue that DG Grow made an error in law by an overly broad application of this provision. European Ombudsman rulings 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 further note that the Commission is not bound by objections from the third party involved.
I note that the Commission is increasingly relying on the commercial interest exception to keep the content of lobby meetings from the public. I believe this to be in contravention to the right of transparency and the principle of good administration. What stakeholders say visa-vis the Commission as part of public procurement decisions, in regard to subsidies or in ongoing lawmaking procedures should be held to the highest standards of transparency. I see a clear overriding public interest in disclosure.
Yours faithfully,
Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/5812, sent on 29/11/2023 and registered on 29/11/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 20/12/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear applicant,
We are writing concerning your confirmatory request for access to
Commission documents for case 2023/5812 registered on 29/11/2023.
We are currently working on your confirmatory request. However, as
internal consultations still need to be performed, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring on 20/12/2023.
Therefore, in line with Article 8(2) of [1]Regulation (EC) No 1049/2001 we
need to extend this time limit by 15 additional working days. The new time
limit expires on 19/01/2024.
We apologise for any inconvenience this may cause.
Kind regards,
SG.C.1 - Access to documents team
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear applicant,
We are writing to you concerning your confirmatory request for access to
Commission documents for case 2023/5812, registered on 29 November 2023.
On 18 December 2023, we extended the time limit for replying to your
confirmatory request to 19 January 2024.
Unfortunately, we will not be able to send you the reply within this
extended time limit. This is because internal consultations are still
ongoing and need to be finalised before we can send you the reply.
However, we assure you that we are doing our best to send a reply to your
confirmatory request as soon as possible.
We regret this additional delay and sincerely apologize for any
inconvenience this may cause.
Kind regards,
SG.C.1 - Access to documents team
Dear Mr Fanta,
Please find attached a message regarding case EASE 2023/5812.
Kind regards,
SG.C.1 - Access to documents team
Dear FANTA, Alexander,
Please find attached the electronic version of European Commission
Decision C(2024)2504 as adopted by the European Commission on 10/04/2024
concerning the request 2023/5812.
In accordance with the Terms and Conditions of this portal, please note
that this decision is being formally notified pursuant to article 297 TFEU
through this electronic platform only.
Yours sincerely,
Access to documents team - S.C.1
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
[5]Your application for access to documents – EASE 2024/1143 -
Ares(2024)8444130 (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/1143.
Please acknowledge the receipt of this message by return email.
Best regards,
DG CONNECT Access to documents Team
European Commission
DG CONNECT – ACCESS TO DOCUMENTS
Rue de la Loi, 51
B-1049 Brussels/Belgium
References
Visible links
1. file:///tmp/cid:filelist.xml@01DB40DB.3AF1C420
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...