Ref. Ares(2023)849169 - 06/02/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director-General
Brussels
GROW.B.1/LN
Mrs. Lora VERHEECKE
9 rue de Bronze
1070 BRUXELLES
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – EASE 2023/0323
Dear Mrs. Verheecke,
We refer to your letter dated 17 November 2022 registered on the 18th of November
under the above-mentioned reference number, in which you make a request for access to
following documents:
“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 Kerstin Jorna and Confédération des
Petites et Moyennes Entreprises on 11th October 2022”.
We have identified 3 documents that fall within the scope of your request:
1. E-mail exchanges between CPME and the Director General’s Office, ref.
Ares(2023)575016.
2. Briefing, ref Basis 9119.
3. Minutes/debrief of the Meeting dd. 11/10/2022 between Kerstin Jorna and FR
Business Organisation CPME, ref. Ares(2023)575256.
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I regret to inform you that access to
document 2, the Briefing (ref. Basis 9119), cannot be granted, as its disclosure is
prevented by exception to the right of access laid down in Article 4 of this Regulation.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
The disclosure of this document would undermine the protection of the decision
making process of the Commission as it would reveal preliminary views and policy
options that are currently under consideration. The Commission’s services must be free
to explore all possible options in preparation of a decision free from external pressure.
Therefore, the exception laid down in Article 4 paragraph 3 of Regulation (EC) No
1049/2011 applies to this document.
I have considered whether partial access could be granted to the requested document and
concluded that after expunging the confidential information, the remaining parts of the
document are illegible.
The exceptions laid down in Article 4 paragraph 3 of Regulation (EC) No 1049/2001
apply unless there is an overriding public interest in disclosure of the documents. I have
examined whether there could be such an overriding public interest in disclosure as part
of our request, but have not been able to identify such an interest.
In addition, a complete disclosure of the identified documents 1 and 3 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 and contact information of Commission staff members not
pertaining to the senior management;
-
the names/initials and contact details of other natural persons;
-
other information relating to identified or identifiable 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.
With regard to the meeting minutes, please note that those documents were drawn up for
internal use under the responsibility of the relevant service of DG GROW. They solely
reflect the author’s interpretation of the interventions made and do 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.
2
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 to the Secretariat-General of the
Commission within 15 working days upon receipt of this letter. You can submit it in one of
the following ways:
by asking for a review via your portal1 account (available only for initial requests
submitted via the portal account),
or by mail:
European Commission
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Kerstin Jorna
Director-General
(electronically signed)
Enclosures: 2
1
https://www.ec.europa.eu/transparency/documents-request
3
Electronically signed on 06/02/2023 09:17 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121