Ref. Ares(2021)5284844 - 26/08/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR FINANCIAL STABILITY, FINANCIAL SERVICES AND CAPITAL
MARKETS UNION
The Director-General
Brussels,
FISMA B2 LD/eg/2021/5870881
Ms Christiana Maria Mauro
Response per e-mail
ask+request-9356-
xxxxxxxx@xxxxxxxx.xxx
Subject: Your request for access to documents (our ref. GESTDEM: 2021/2548)
Dear Ms Mauro,
Thank you very much for your e-mail dated 21 April 2021, in which you make a request
for access to documents, registered under the above mentioned reference number.
Your request is as follows:
“Under the right of access to documents in the EU treaties, as developed in Regulation
1049/2001, I am requesting documents which contain the following information:
All documentation, including but not limited to attendance lists, background papers,
minutes/notes and email correspondence about or summarizing the following meeting: 15th
meeting of the Member States Expert Group on sustainable finance on 26 February 2021.”
After a search, we could identify 20 documents falling under the scope of your request,
of which 2 can be fully released and 4 can be partially released, redacted of personal
data. You can find them enclosed together with a list of documents.
Having examined the documents requested under the provisions of Regulation (EC)
No 1049/2001 regarding public access to documents in question in accordance with
Article 4 of Regulation (EC) No 1049/2001, I have come to the conclusion that documents
17 and 20 can be released in their entirety.
Documents 1 to 8 and 11 to 16 of the enclosed list cannot be released, as they contain
written comments and opinions from Member States and the European Supervisory
Authorities provided bilaterally and confidentially to the Commission services in the
framework of the expert group for internal use of the Commission as part of deliberations
and preliminary consultations. Disclosure of such documents would seriously undermine
the institution's decision-making process, as it would jeopardise the free discussions
within the expert group, which are key to achieving its objectives. In addition, the
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: SPA2 09/044 ‐
working rules of the expert group, foresee that such deliberations and opinions shall
remain confidential. We have considered whether partial access could be granted to these
documents, and we have concluded that they are entirely covered by the exception.
With regard to the documents 9, 10, 18, and 19 on the list, a complete disclosure of the
identified documents 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 names and contact information of Commission staff
members not pertaining to the senior management and/or the names and contact details of
other 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 express any particular interest to have access to these personal data nor do you put
forward 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 Secretary-General of the Commission at the following address:
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
Yours faithfully,
(e-signed)
John Berrigan
Director-General or Director in
the Secretariat-General
Enclosures: List of documents and 6 documents redacted of personal data
Electronically signed on 26/08/2021 09:51 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
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