Ref. Ares(2022)900116 - 08/02/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
Investment
C3. Public Interest Services, Concessions
Brussels
grow.c.3(2022)937313
Mr. Hoedeman
Corporate Europe Observatory
(CEO)
Rue d'Edimbourg 26,
1050 Brussels, Belgium
Email: Olivier Hoedeman
ask+request-10397-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2021/8120
Dear Mr Hoedeman,
We refer to your e-mail of 16 December 2021, registered on 17 December 2021, in which
you request access to documents under the above-mentioned reference number.
In particular, you request access to:
“
- all reports (and other notes) from meetings with stakeholders (including companies
and lobby groups) during which the Directive on concession contracts and the exclusion
of the water sector from its scope was discussed.
- all correspondence (including emails and their attachments) with stakeholders
(including companies and lobby groups) in which the Directive on concession contracts
and the exclusion of the water sector from its scope was mentioned.
The request is limited to documents from January 1st 2020 onward”.
We have identified the enclosed documents that fall within the scope of your request.
They are presented in the enclosed table.
A complete disclosure of all 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 data:
-
the names/initials, contact information and functions of Commission staff members
not pertaining to the senior management;
-
the names/initials, contact details and functions of other natural persons.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
In addition, Article 9(1)(b) of the Data Protection Regulation does not allow the
transmission of these personal data except if it is proven that it is necessary to have the
data transmitted 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.
Based on the information available I therefore 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 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
document 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.
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.
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,
Jean-Yves MUYLLE
Head of Unit
Contact: TOADER, Maria-Magdalena, xxxxxxxxxxxxxxx.xxxxxx@xx.xxxxxx.xx
Enclosure:
Table - List of identified documents
Identified documents
2
Electronically signed on 08/02/2022 10:52 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
