Ref. Ares(2021)3824855 - 11/06/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
TECHNOLOGY
Resources and Support
Compliance and Planning
Brussels
CNECT.R.4
Lora Verheecke
9 rue du Bronze
1070 Brussels
Belgium
Advance copy per e-mail:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your request for access to documents - GestDem 2021/3132
Dear Ms Verheecke,
We refer to your e-mail of 12 May 2021 in which you make request for access to
documents pursuant to 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 (hereinafter ‘Regulation 1049/2001’), registered on the same
day under the above-mentioned reference number. We also refer to our holding reply,
dated 7 June 2021, our reference Ares(2021)3736442, whereby we informed you that the
time limit for handling your application was extended by 15 working days pursuant to
Article 7(3) of Regulation 1049/2001.
1.
SCOPE OF YOUR APPLICATION
By your application to the Directorate - General for Internal Market, Industry,
Entrepreneurship and SMEs (DG GROW) which was attributed to the Directorate -
General for Communications Networks, Content and Technology (DG CONNECT), you
request access to the following:
‘
documents which contain the following information:
All documentation (including but not limited to all email correspondence, attendance
lists, agendas, background papers, transcripts and recordings) AND the meeting
minutes/notes relating to the meeting between Joan Canton and FNSEA on 29th
March 2021.’
2.
DOCUMENTS FALLING WITHIN THE SCOPE OF THE REQUEST
We identified the following documents as falling within the scope of your request:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
Email exchange between FNSEA and Cabinet Breton including the request for
the meeting (
Document 1);
The minutes established by Commission services on the meeting
(Ares(2021)2559154) (
Document 2).
3.
ASSESSMENT UNDER REGULATION 1049/2001
Following an examination of the identified documents under the provisions of Regulation
1049/2001, we have arrived at the conclusion that partial access can be granted to both
documents. Full disclosure is prevented by the exception concerning the protection of
privacy and integrity of the individual outlined in Article 4(1)(b) Regulation 1049/2001,
since the documents contain the following personal data:
the names, functions and contact information of Commission staff members not
pertaining to the senior management;
Names, functions and contact information of other natural persons.
Article 9(1)(b) of the Data Protection Regulation1 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) Regulation 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.
4.
REUSE OF DOCUMENTS
You may reuse the parts of Document 1 and Document 2 which have been produced by the
European Commission or by public and private entities on its behalf based on the
Commission Decision on the reuse of Commission documents. You may reuse these parts
of the documents disclosed free of charge and 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.
Parts of Document 1 originate from a third party. Please note that they are disclosed to
you based on Regulation (EC) No 1049/2001. However, this disclosure is without
prejudice to the rules on intellectual property, which may limit your right to reproduce or
exploit the parts of the released document without the agreement of the originators, who
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
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may hold an intellectual property right on them. The European Commission does not
assume any responsibility from their reuse.
Document 2 was drawn up for internal use under the responsibility of the relevant
service. It solely reflects the service’s interpretation of the interventions made and does
not set out any official position of the third party 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.
5.
CONFIRMATORY APPLICATION
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 Secretariat-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 Bruxelles or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Martin Schauer
Head of Unit (acting)
Enclosures:
(2)
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Electronically signed on 10/06/2021 17:42 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline