Ref. Ares(2017)1216894 - 08/03/2017
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR RESEARCH & INNOVATION
Directorate J - Common Support Centre
J.1 - Common Legal Support Service
Brussels
By registered letter with acknowledgment
of receipt: Vicky Cann
Corporate Europe Observatory
(CEO)
Rue d'Edimbourg 26
1050 Bruxelles
Advance copy by email:
ask+request-3640-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents–Ref GestDem No 2016/7173
Dear Madam,
We refer to your application dated 20/12/2016 in which you made a request for access to
documents, registered on 21/12/2016 under the above mentioned reference number.
You requested access to
all documentation relating to the 12/09/16 event MEETING
WITH MEMBERS OF ERT (EUROPEAN ROUND TABLE OF INDUSTRIALISTS) which
was hosted by the Commission. This should include all invitations, attendance lists,
agendas, background papers, minutes/ notes.
Your application concerns the following documents:
1. ERT attendance list;
2. Background paper - Ideas for a European Innovation Council
-
Overview
of
Responses to the Call for Ideas – available at
https://ec.europa.eu/research/eic/index.cfm;
3. Background paper – contribution of Unit B1;
4. Background paper – contribution of Unit B3;
5. Background paper – contribution of Unit G1;
6. Background paper – ERT meeting - brief;
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: ORBN
xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
7. Background paper - ERT Paper #3 “Start-ups/Entrepreneurship” - Executive
Summary;
8. Background paper - ERT Paper #3 “Start-Ups/Entrepreneurship” – available at
http://www.ert.eu/document/ert-trilogy-digital-economy3;
9. ERT Steering Committee Members;
10. ERT meeting - short summary of discussions.
Please note that documents 1 and 10 do not reflect the position of the Commission. They
cannot be quoted as reflecting the Commission's position and cannot be reproduced or
disseminated for commercial purposes without prior consent given by the Commission.
You may reuse documents 2-6 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 documents. Please note that the Commission does not
assume liability stemming from the reuse.
Please note that documents 7-9 were received by the Commission from the European
Round Table of Industrialists (ERT). They are disclosed for information only. They do
not reflect the position of the Commission and cannot be quoted as such.
The requested documents contain names, email addresses, other addresses and telephone
numbers of certain members of the staff of the Commission and of external entities
which constitute personal data within the meaning of Article 2(a) of Regulation (EC) No
45/20011.
Article 4(1)(b) of Regulation (EC) No 1049/2001 provides that access to documents is to
be refused where disclosure would undermine the protection of
privacy and the integrity
of the individual, in particular in accordance with Community legislation regarding the
protection of personal data.
According to Article 8(b) of Regulation (EC) No 45/2001, personal data shall only be
transferred to recipients if the recipient establishes the necessity of having the data
transferred and if there is no reason to assume that the data subject's legitimate interests
might be prejudiced. Those two conditions are cumulative.
In the present case you did not put forward any arguments to substantiate a need to obtain
these personal data. Furthermore, it cannot be assumed that such disclosure would not
prejudice the legitimate rights of the persons concerned.
Therefore, in conformity with the current administrative practice, the personal data of the
staff not occupying any senior management position in the Commission and of the
individuals other than the main representatives of the concerned external entities were
withheld.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal
1 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the Community institutions
and bodies and on the free movement of such data
2
data protection, you are entitled, in accordance with Article 7(2) of Regulation
1049/2001, 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
B4 Transparency
BERL 5/282
1049 Brussels/Belgium
or by emai
l to: xxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
Liliane De Wolf
Head of Unit
3
Electronically signed on 08/03/2017 12:00 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563