Ref. Ares(2017)5267556 - 27/10/2017
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
Directorate I. Legal, institutional and procedural matters
I.3. Enforcement of legislation, Relations with the European Ombudsman and Access to
Head of Unit
I.3/KVK/VA D (2017) 5680382
Mr. Mihkel Poola
Kannikese tänav 10-20, Saku, Harju
By registered letter with acknowledgment of
Advance copy by email:
[FOI #4641 email]
Your application for access to documents – Ref GestDem No 2017/5489
We refer to your e-mail dated 18/09/2017 in which you make a request for access to
documents, registered on 19/09/2017 under the above mentioned reference number.
You request access to documents "related to the Proposal of the European Commission
for a regulation of the European Parliament and of the Council laying down rules on the
making available on the market of CE marked fertilising products and amending
Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and more specifically related to
the topic of limits for contaminants in fertilizers, or at which such limits were discussed".
Please note that due to the wide scope of your request, covering also areas falling under
the responsibility of other Directorates-General, parts of your request have been
attributed to another Directorate-General (DG GROW, No Gestdem 2017/5418). This
reply relates only to the documents held/drafted by DG AGRI. You will receive the reply
from DG GROW in due course.
We have identified 5 documents related to your request of which a list is attached as well
as the documents identified.
You may reuse the documents requested free of charge for non-commercial and
commercial purposes provided that the source is acknowledged, 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.
Some of the documents to which you have requested access contain personal data.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its 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. The applicable legislation in this field is Regulation (EC) No
45/2001 of the European Parliament and of the Council of 18 December 2000 on the
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
protection of individuals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement of such data1.
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable2.
According to Article 8(b) of this Regulation, personal data shall only be transferred to
recipients if they establish the necessity of having the data transferred to them and if there is
no reason to assume that the legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and/or that it cannot be
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned. Therefore, we are disclosing the documents requested expunged from this
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 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 Secretary-General of the Commission at the following address:
Transparency unit SG-B-4
or by email to: [Emailadresse]
Karl VON KEMPIS
1 Official Journal L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
Electronically signed on 27/10/2017 17:13 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563