Ref. Ares(2017)5600500 - 16/11/2017
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR RESEARCH & INNOVATION
Directorate J - Common Support Centre
J.1 - Common Legal support service
The Acting Head of Unit
Brussels,
RS/JVC/MSM
rtd.ddg3.j.1(2017)6247521
By registered letter with acknowledgment
of receipt Ms Vicky Cann
CEO
Rue d'Edimbourg 26
1050 Bruxelles
Belgium
Advance copy by e-mail: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – GestDem Ref No 2017/6125
Dear Ms Cann,
We refer to your email dated 25/10/2017 in which you submitted, within the framework
of Regulation (EC) 1049/20011, an application for access to documents.
You requested access to the following documents:
a copy of the invitation letter and
agenda, plus any subsequent versions, sent to Commissioner Moedas from
BusinessEurope to attend its Advisory and Support Group on 21 November 2017.
We have identified three documents falling under the scope of your request (hereinafter
the 'requested documents'), namely an exchange of emails and two versions of the draft
agenda.
We are pleased to inform you that full access can be granted to requested documents 2
and 3 (draft agenda) and partial access can be granted to requested document 1 (exchange
of emails). We have expunged information which disclosure is prevented by Article
4(1)(b) of Regulation (EC) No 1049/2001, namely the protection of privacy and the
integrity of the individual.
Document 1 contains personal data such as the name, email, office number, telephone
number of some member of the Commission's staff as well as of BusinessEurope. This
1 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
Email
: xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
information clearly constitutes personal data in the meaning of Article 2(a) of Regulation
(EC) 45/20012.
According to Article 8(b) of Regulation (EC) 45/2001, personal data shall only be
transferred to a recipient in the EU/EEA 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 have 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, personal data have been withheld from the requested documents except the
name of individuals forming part of senior management staff of the Commission and the
name of the main representative of the third party in conformity with the Commission
usual practice.
Please note that this document was received by the Commission from BusinessEurope. It
is disclosed for information only. It does not reflect the position of the Commission and
cannot be quoted as such.
In accordance with Article 7(2) of Regulation (EC) 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 Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/282
B-1049 Brussels
or by emai
l to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
[Electronic signature]
Reinhard Schulte
2 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 institutions and bodies of the
Community and on the free movement of such data (OJ L 8, 12.01.2001, p.1), hereinafter referred to as
‘Regulation (EC) 45/2001’.
2
Electronically signed on 15/11/2017 18:52 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563