(Access to documents— Regulation (EC) No1049/2001— Request for access to the observations of the Commission and a detailed opinion of a Member State in the context of a notification procedure under Directive (EU) 2015/1535

1On 29July 2016, Poland notified the Commission about a planned amendment of the Law on games of chance in accordance with Article5 of Directive (EU) 2015/1535 of the European Parliament and the Council of 9September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ 2015 L241, p.1).This notification was registered under number 2016/398/PL.

2On 18October 2016, in the framework of the above notification procedure, the Commission issued comments within the meaning of Article5(2) of Directive 2015/1535 and, on 28October 2016, the Republic of Malta issued a detailed opinion within the meaning of Article6(2) thereof.

3On 9May 2017, the applicant Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych (Commercial Chamber of Manufacturers and Operators of Entertainment Devices), an organisation representing the interests of manufacturers, distributors and operators of entertainment devices in Poland, requested access to the Commission’s comments and the detailed opinion of the Republic of Malta (‘the two requested documents’), on the basis of the provisions of Regulation (EC) No1049/2001 of the European Parliament and of the Council of 30May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L145, p.43).

4 On 8June 2017, the Commission issued a decision in which it refused access to the two requested documents based on Article4(2), third indent, of Regulation (EC) No1049/2001 relating to the purpose of inspections, investigations and audits on the ground that those documents were directly linked to pending infringement procedure and to an investigation by the Commission concerning the compatibility with Article56 TFEU of the Polish Law on games of chance.

5On 29June 2017, the applicant sent the Commission a confirmatory application for access to the two requested documents under Article7(2) of Regulation No1049/2001.

6By Decision C(2017) 6020 final of 29August 2017 (‘the contested decision’), the Commission issued a decision rejecting the confirmatory application.