Ref. Ares(2022)6676305 - 28/09/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
Single Market Enforcement
E3.- Notification of Regulatory Barriers
Brussels, 27.09.2022
GROW.E.3/TI/vk (2022) 7362135
Mr. Rolf Forslund
Sörbyvägen 13
722 33 Västerås
Sweden
E-mail:
ask+request-11812-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your request for access to documents – Notification 2016/615/B –
GestDem 2022/5089.
Dear Mr. Forslund,
I refer to your request of 9 September 2022, registered on the same day under the above-
mentioned GestDem reference number. Your request concerns the comments issued by
the Commission and Hungary and the detailed opinion issued by the Commission on the
“
Royal Decree amending the Royal Decree of 3 March 1992 concerning the placing on
the market of nutrients and foodstuffs to which nutrients have been added” notified by
Belgium under notification 2016/615/B in the framework of Directive (EU) 2015/1535.1
Having analysed your request in the light of Regulation (EC) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents2, we consider
access to the requested documents can be granted.
Please note that, the document issued by Hungary is disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules
on intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual
property right on them. The European Commission does not assume any responsibility
from their reuse.
Please note that, as far as the disclosed Commission document is concerned, you may
reuse it free of charge for non-commercial and commercial purposes provided that the
source is acknowledged and that you do not distort the original meaning or message of
the document. Please note also that the Commission does not assume liability stemming
from the reuse.
With regards to the document from the Hungarian authorities, the exception relating to
the protection of privacy and integrity of the individual provided for in Article 4(1)(b) of
1 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying
down a procedure for the provision of information in the field of technical regulations and of rules on
Information Society services, OJ L 241 of 17.9.2015, p.1
2 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, 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: N105 05/025 - Tel. direct line +32 229-20868
Regulation (EC) No 1049/2001 makes their full disclosure impossible, since they contain
the following personal data:
- the names/initials and contact details of natural persons.
Article 9(1)(b) of the Data Protection Regulation 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 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, as the need to obtain access thereto for a purpose in the public interest has
not been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data
concerned.
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 Secretariat-General of the Commission at the following
address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(electronically signed)
Radek MALY
Head of Unit
Enclosures: 2
Electronically signed on 27/09/2022 17:07 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
2