Ref. Ares(2021)5004800 - 06/08/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
Acting Director-General
Brussels,
JUST.A3/MS
Ms Lynn Pasterny
Earthsight
The Green House Ethical Properties
244-254 Cambridge Heath Road
E29DA – London
England
Sent by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Ms Pasterny,
Subject:
Your application for access to documents – GESTDEM 2021/4219
We refer to your e-mail dated 18 June 2021 in which you make a request for access to
documents, registered on 25 June 2021 under the above-mentioned reference number.
You request access to “all documents – including but not limited to correspondence
(including email and letters) containing substantive discussion relevant to the meeting
topic, attendance lists, agendas, background papers, transcripts, recordings, minutes,
notes, and meeting conclusions – relating to the meetings listed below:
1. Meeting between FEDIL - The Voice of Luxembourg's Industry (FEDIL) and
Lucrezia Busa, Cabinet member of Didier Reynders and Didier Reynders,
Commissioner on 12/01/2021 to discuss due diligence;
2. Meeting between Vereniging VNO-NCW (VNO-NCW) and Didier Reynders,
Commissioner and Lucrezia Busa, Cabinet member of Didier Reynders on
12/01/2021 to discuss due diligence;
3. Meeting between Verbond van Belgische Ondernemingen / Federation des
Entreprises de Belgique (VBO / FEB) and Didier Reynders, Commissioner and
Lucrezia Busa, Cabinet member of Didier Reynders on 12/01/2021 to discuss due
diligence;
4. Meeting between European Federation of Jewellery (EFJ) and Geneviève Tuts
and Lucrezia Busa, Cabinet members of Didier Reynders on 27/11/2020 to
discuss due diligence; and
5. Meeting between Business Europe and Geneviève Tuts and Lucrezia Busa,
Cabinet members of Didier Reynders on 19/11/2020 to discuss sustainable
corporate governance,
due diligence and the upcoming European Consumer
Agenda.”
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: MO59 01/005 - Tel. direct line +32 229-92241
xxxxxx.xxxxx@xx.xxxxxx.xx
The list of documents, which fall within the scope of your application, is to be found in
the annex.
With regard to the documents listed in the annex, 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 following personal data:
-
the names/initials and contact information of Commission staff members not
pertaining to the senior management;
- the names/initials and contact details of other natural persons.
In your application, you indicate that your address is in the United Kingdom (England).
Transfers of personal data from the Commission to countries that are not members of the
European Economic Area (EEA), or to international organisations are regulated under
Chapter V of the Data Protection Regulation1.
According to Article 47(1) of this Regulation, a transfer of personal data to a third country
or an international organisation may take place where the Commission has decided that
the third country, a territory or one or more specified sectors within that country, or
the international organisation in question ensures an adequate level of protection and where
the personal data are transferred solely to allow tasks within the competence of
the controller to be carried out.
Based on the information available, the country of your residence is recognised by
the Commission as ensuring an adequate level of protection. However, we would further
like to inform you that 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 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) 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.
Please note that in the document No.7 -
(CAB REYNDERS/447) - Business Europe Advice
and Support Group meeting, in the document No. 8
-
Report: Exchange of views of Head of
Cabinet Ms Tuts with BusinessEurope’s Advisory and Support Group (ASGroup), and in
the document No. 10
- Exchange with Business Europe ASG, also content has been redacted
as it was outside the scope of your request, which concerned the “meeting […] to discuss
sustainable corporate governance, due diligence and the upcoming European Consumer
Agenda”.
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.
2
Please note that documents originating from third parties 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 released
documents without the agreement of the originator, who may hold an intellectual property
right on them. The European Commission does not assume any responsibility from their
reuse.
All disclosed meeting reports were drawn up for internal use under the responsibility of
the relevant service of the Directorate-General for Justice and Consumers. It solely reflects
the service’s interpretation of the interventions made and does not set out any official
position of the third parties 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.
In case you would disagree with the position taken in this letter, you are entitled, in
accordance with Article 7(2) of Regulation (EC) No 1049/2001, to submit 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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
According to standard operational procedure, the reply to a request for access to documents
is usually sent by registered post. Please note, however, that due to the extraordinary health
and security measures currently in force during the COVID-19 pandemic, which include
the requirement for all Commission non-critical staff to telework, we are unfortunately not
in a position to follow this procedure until further notice.
We would therefore appreciate if you could confirm receipt of the present e-mail by
replying to:
xxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-signed)
Salla SAASTAMOINEN
Enclosure:
List of documents that fall within the scope of application GESTDEM
2021/4219
3
The list of documents, which fall within the scope of application GESTDEM 2021/4219
No.
Date
Title
Ares reference of the
document
1.
12 January 2021
(CAB REYNDERS/568) Ares(2021)4202563
- Csser Reynders - due
diligence
-
Benelux
business federations
2.
12 January 2021
Flash report from the Ares(2021)4202563
meeting with the three
business federations of
the Benelux FEB/VBO,
VNO/NCW and FEDIL
3.
27 November 2020
(CAB REYNDERS/476) Ares(2021)4957416
- G Tuts meets with
European Federation of
Jewellery
4.
27 November 2020
Report: virtual meeting Ares(2021)532120
with
the
European
Federation of Jewellery
on due diligence in the
supply chains
5.
23 September 2020
EFJ FINAL Policy paper Ares(2021)4858581
on
mandatory
due
diligence
6.
23 September 2020
Meeting request from Ares(2021)4858581
EFJ
7.
19 November 2020
(CAB REYNDERS/447) Ares(2021)4958544
-
Business
Europe
Advice
and
Support
Group meeting
8.
19 November 2020
Report:
Exchange
of Ares(2021)532582
views of Head of Cabinet
Ms
Tuts
with
BusinessEurope’s
Advisory and Support
Group (ASGroup)
9.
9 November 2020
Business Europe - ASG Ares(2021)4858566
Agenda 19 November
2020
10.
6 October 2020
Exchange with Business Ares(2021)4858566
Europe ASG
Electronically signed on 06/08/2021 16:59 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
4