Ref. Ares(2023)1817038 - 13/03/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION
Working Conditions and Social Dialogue
Spain, Malta
Brussels,
EMPL.C.4/RAA
Mr Maximilian Henning
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents –EASE 2023/0891
Dear Mr Henning,
I refer to your e-mail of 8 February 2023 (Ares(2023)926953) in which you make a request
for access to documents, registered on the same day under the above-mentioned reference
number. With my letter of 1 March 2023 (Ares(2023)1486261), I informed you that I
extended the time limit of this request until 22 March 2023 in accordance with Article 7(3)
of Regulation (EC) No 1049/2001.
You request access to all minutes, agendas, summaries, notes, or memos issued before or
after; documents prepared for, issued in preparation for, or exchanged during; as well as
all correspondence including attachments by either of the meeting parties related to the
meeting held between Commissioner Schmit and representatives of the Spanish trade
union Unión General de Trabajadoras y Trabajadores (UGT) on 31 January 2023.
I consider your request to cover documents held up to the date of your initial application,
i.e., 8 February 2023. Therefore, your application concerns the following documents, that
you will find attached in annex:
Document 1
Briefing drafted by relevant Commission services for Commissioner
Schmit, of 27 January 2023.
Document 2
Country factsheet of Spain, annexed to the briefing.
Document 3
Exchange of emails between relevant members of the cabinet of
Commissioner Schmit and relevant members of the office of the
Member of the European Parliament (MEP) Alicia Homs to organise
the meeting.
Document 4
First list of participants from UGT that was attached to the email sent
by the office of MEP Alicia Homs on 10 January 2023.
Document 5
Second list of participants from UGT that was attached to the email
sent by the office of MEP Alicia Homs on 30 January 2023
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Document 6
Flash report of the meeting drafted by relevant Commission services
to be circulated internally, of 2 February 2023.
A complete disclosure of Documents 1 and 3-6 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 European Commission and European
Parliament staff members not pertaining to the senior management; and
-
the names, contact details and job positions of members of UGT who are not public
figures acting in their public capacity.
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
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, 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.
Please note that Document 6 was drawn up for internal use under the responsibility of the
relevant services of the Directorate-General for Employment, Social Affairs, and Inclusion
of the Commission. It solely reflects the author's interpretation of the interventions made
and does not set out any official position of the third parties to which the document refers,
which was not consulted on its content. It does not reflect the position of the Commission
and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit 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. You can submit it in one of the following ways:
by asking for a review via your portal account (available only for initial requests
submitted via the portal account),
or by mail:
European Commission Secretariat-General Transparency, Document Management &
Access to Documents (SG.C.1) BERL 7/076 B-1049 Brussels,
or by email to: xxxxxxxxxx@xx.xxxxxx.xx
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Yours sincerely,
Electronically signed
Maria IGLESIA
Head of Unit
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Electronically signed on 13/03/2023 17:46 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121