Ref. Ares(2021)7938574 - 22/12/2021
EUROPEAN COMMISSION
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 documents
Brussels
AGRI.DDG3.I.3/KVK/AB D(2021) 8154345
Ms Lucy Owens
1 Long Ln,
London, SE1 4PG
United Kingdom
Email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2021/5884
Dear Madam,
We refer to your e-mail of 29/09/2021 in which you make a request for access to
documents, registered on 12/10/2021 under the above-mentioned reference number.
You requested access to “
all correspondence, including emails, sent and received since
01/01/2020, between the Commissioner for Agriculture, his cabinet, his officials, and any
other representatives of DG AGRI, and representatives from Copa Cogeca and its
subsidiaries”. In view of your
agreement on the fair solution proposal, the scope of your
initial application has been narrowed down and the timeframe covered by your request has
been limited to the period 01/01/2021-12/10/2021.
We have identified 119 documents with 37 annexes falling within the scope of your request.
You will find enclosed the lists of the documents identified, the links to the public
documents, as well as original or redacted copies of the aforementioned documents with
annexes.
With regard to the majority of documents mentioned above, 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;
-
handwritten signatures/abbreviated signatures of natural persons.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
In your application, you indicate that your address is in the United Kingdom. Transfers of
personal data from the Commission to countries that are not members of the European
Economic Area (EEA) 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 may
take place where the Commission has decided that the third country 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.
You may reuse 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.
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.
Furthermore, documents n° 1A.1, 5.C1, 14.G2, 1.G4, 4.G4 were drawn up for internal use
under the responsibility of the relevant services of the Directorate-General for Agriculture
and Rural Development. It solely reflects the services’ 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 this position, 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.
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
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
Yours faithfully,
Karl von Kempis
Head of Unit
Enclosure:
20 lists of the documents identified, 119 documents with 37 annexes
3
Electronically signed on 21/12/2021 15:41 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482