EASE 2023 1701 reply 31 05 2023 final.pdf

Ref. Ares(2023)3818318 - 02/06/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MOBILITY AND TRANSPORT

  The Acting Director-General
Brussels
MOVE.DDG2.E.1
Mr Olivier Hoedeman
Corporate Europe Observatory
(CEO)
Rue d'Edimbourg 26
1050 Brussels
Belgium

E-mail:  ask+request-12762-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – EASE Case 2023/1701
Dear Mr Hoedeman,
We refer to your request for access to European Commission documents registered on 17
March 2023 under the above-mentioned reference number.
You request access to the following documents:
“1) Minutes and other notes from meetings (including the online meetings) of the
Directorate-General  for  Mobility  and  Transport  (hereinafter:  DG  MOVE)  with
stakeholders/lobbyists  (from  1  March  2022  until  the  date  of  your  request)  in
which the Dutch government’s intention to reduce flights at Amsterdam Schiphol
airport was discussed;
2)  All  correspondence  (including  emails  and  instant  messages)  with
stakeholders/lobbyists,  from  1  March  2022  until  the  date  of  your  request,  about
the Dutch government’s intention to reduce flights at Amsterdam Schiphol airport
was discussed”.
In  particular,  you  asked  for  the  minutes  from  the  meetings  of  Henrik  Hololei,  previous
Director-General for Mobility and Transport, with KLM Royal Dutch Airlines on 25 July
2022, Royal Schiphol Group on 19 October 2022, and Delta Air Lines on 15 November
2022.
I consider your request to cover documents held up to the date of your initial application, i.e.
17 March 2023.
We have identified the following documents as falling within the scope of your request:
Concerning the letter of 1 July 2022 sent to DG MOVE by Airports Council International
(ACI Europe) on the capacity reduction at Amsterdam Schiphol airport:
-  1  July  2022_1_Redacted:  Email  from  Airports  Council  International  to  DG
MOVE, dated 1 July 2022, providing a briefing note;
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

-  1 July 2022_2: Briefing note: “Amsterdam Airport Schiphol – reduction of flight
movements” prepared by ACI Europe, dated June 2022, sent by email of 1 July
2022 to DG MOVE.
Concerning the on-line meeting between DG MOVE and Air France-KLM (AF KLM) on
25 July 2022:
-  25  July  2022_1_Redacted:  Email  exchange  between  AF  KLM  and  DG  MOVE
to schedule a meeting, dated between 11 July 2022 and 19 July 2022.
Concerning  the  letter  of  26  July  2022  sent  by  Dutch  trade  unions  to  Mrs  Vălean,  the
Commissioner for Transport, about the Dutch decision to reduce the capacity of slots at
Schiphol airport:
-  26  July  2022_1_Redacted:  Email  sent  by  the  Dutch  trade  unions  to  the
Commissioner for Transport, dated 26 July 2022;
-  26  July  2022_2_Redacted:  Letter  sent  by  the  Dutch  trade  unions  to  the
Commissioner for Transport (annex to the email of 26 July 2022);
-  26  July  2022_3_Redacted:  Reply  form  the  Commissioner  Valean’s  Head  of
Cabinet Walter Goetz to the letter of the Dutch trade unions, dated 14 September
2022.
Concerning  the  letter  to  Mrs  Vălean,  the  Commissioner  for  Transport,  sent  by  Airlines
for Europe (A4E) on 29 July 2022:
-  29  July  2022_1_Redacted:  Email  sent  by  Airlines  for  Europe  (A4E)  to  Mrs
Vălean, the Commissioner for Transport, on 29 July 2022;
-  29  July  2022_2_Redacted:  letter  to  Mrs  Vălean,  the  Commissioner  for
Transport, sent by Airlines for Europe (A4E) on 29 July 2022 (annex to the email
of 29 July 2022).
Concerning the letter sent to Mrs Vălean, the Commissioner for Transport, by Europeans
for  Fair  Competition  (E4FC)  on  17  August  2022,  concerning  capacity  reduction  at
Schiphol Airport:
-  17 August 2022_1_Redacted: Email sent  to  Mrs Vălean,  the Commissioner for
Transport, by Europeans for Fair Competition (E4FC) on 17 August 2022;
-  17 August 2022_2:  Letter to  Mrs Vălean, the Commissioner for Transport, sent
by  Europeans  for  Fair  Competition  (E4FC)  on  17  August  2022  (annex  to  the
email of 17 August 2022);
-  17  August  2022_3_Redacted:  Reply  from  Mrs  Vălean,  the  Commissioner  for
Transport, to E4FC, dated 14 December 2022.
Concerning the letter from Airlines for America sent to Henrik Hololei, Director-General
for Mobility and Transport, on 7 September 2022:
-  7  September  2022_1_Redacted:  Email  from  Airlines  for  America  to  Henrik
Hololei, Director-General for Mobility and Transport, dated 8 September 2022;
-  7  September  2022_2_Redacted:  Letter  from  Airlines  for  America  to  Henrik
Hololei,  Director-General  for  Mobility  and  Transport,  dated  7  September  2022
(annex to the email of 7 September 2022);
2

-  7  September  2022_3_Redacted:  Reply  from  DG  MOVE  to  the  letter  from
Airlines for America, dated 21 September 2022.
Concerning  a  call  held  between  DG  MOVE,  the  Amsterdam  Schiphol  Airport  and  ACI
Europe on 12 October 2022:
-  12 October 2022_1_Redacted: Report from a call held between the Directorate-
General  for  Mobility  and  Transport,  the  Amsterdam  Schiphol  Airport  and  ACI
Europe on 12 October 2022.
Concerning  the  meeting  held  between  Director-General  for  Mobility  and  Transport,
Amsterdam Schiphol Airport and ACI Europe on 19 October 2022:
-  19  October  2022_1_Redacted:  Request  for  a  meeting  between  the  Director-
General  for  Mobility  and  Transport,  Amsterdam  Schiphol  Airport  and  ACI
Europe, dated 6 October 2022.
Concerning  the  meeting  between  DG  MOVE  and  a  KLM  delegation  on  9  November
2022:
-  9 November 2002_1_Redacted: Email exchange between KLM and DG MOVE
to set up a meeting, dated between 27 July 2022 and 3 November 2022.
Concerning the meeting held  between  DG MOVE,  AF KLM and KLM on 10 November
2022:
-  10  November  2022_1_Redacted:  E-mail  from  a  representative  of  KLM  to  Mr.
Hololei,  concerning  the  meeting  to  be  held  with  Mr.  Henrik  Hololei,  dated  7
October 2022;
-  10 November 2022_2_Redacted: Meeting report authored by Commission staff,
concerning  the  meeting  held  between  Mr.  Henrik  Hololei  and  the  Air  France-
KLM Group, dated 29 November 2022.
Concerning the dinner of the Director-General for Mobility and Transport and Delta Air
Lines on 15 November 2022:
-  15 November 2022_1_Redacted: Email exchange between staff of the Director-
General for Mobility and Transport and Delta Air Lines to agree on a dinner and
the subjects to be discussed during it, dated from 6 October 2022 to 25 October
2022.
Concerning  the  meeting  held  between  the  Members  of  the  Cabinet  of  Commissioner
Vălean and Airlines for America on 6 December 2022:
-  6  December  2022_1_Redacted:  Meeting  report  authored  by  Commission  staff,
concerning  the  meeting  held  between  the  Members  of  the  Cabinet  of
Commissioner Vălean and Airlines for America, dated 6 December 2022;
-  6 December 2022_2_Redacted: E-mail from a representative acting on behalf of
Airlines for America to Commission staff, concerning the meeting to be held with
the Members of the Cabinet of Commissioner Vălean, dated 15 November 2022.
Concerning the letter of the Dutch trade unions to DG MOVE on the Dutch decision the
reduce slots, dated 7 December 2022:
3

-  7 December 2022_1_Redacted:  Email from Dutch trade unions to DG  MOVE,
dated 7 December 2022;
-  7  December  2022_2_Redacted:  The  letter  from  Dutch  trade  unions  to  DG
MOVE on the Dutch decision the reduce slots, dated 7 December 2022 (annex to
the email of 7 December 2022).
Concerning the meeting held between DG MOVE and KLM on 17 January 2023:
-  17 January 2023_1_Redacted: Minutes of the meeting held between DG MOVE
and KLM on 17 January 2023.
Concerning the letter sent to DG MOVE by Airlines for America on 3 January 2023 on
the traffic reduction at the Schiphol airport:
-  3  January  2023_1_Redacted:  Email  from  Airlines  for  America  to  Henrik
Hololei, Director-General for Mobility and Transport, dated 3 January 2023;
-  3  January  2023_2_Redacted:  Letters  from  Airlines  for  America  to  Henrik
Hololei,  Director-General  for  Mobility  and  Transport,  dated  7  September  2022
and 3 January 2023 (annex to the email of 3 January 2023).
Concerning  the  meeting  held  between  DG  MOVE  and  Airlines  for  America  on  31
January 2023:
-  31 January 2023_1_Redacted: Minutes of the meeting held between DG MOVE
and Airlines for America on 31 January 2023.
Concerning the letter sent to DG MOVE by KLM on 2 February 2023 on the publication
of  a  Dutch  regulation,  capacity  at  Amsterdam  Schiphol  airport  and  a  Balanced
Approach session:
-  2  February  2023_1_Redacted:  Email  from  KLM  to  DG  MOVE  dated  2
February 2023;
-  2  February  2023_2:  Working  translation  into  English  of  the  Dutch  draft  law
concerning noise control at Amsterdam Schiphol airport (annex to the email of 2
February 2023);
-  2  February  2023_3:  KLM’s  memo  on  historical  context  of  the  New  Noise
Enforcement System – NNHS (annex to the email of 2 February 2023);
-  2  February  2023_4_Redacted:  Letter  from  KLM  to  the  Dutch  Minister  in
charge  of  transport,  dated  2  February  2023,  concerning  questions  related  to  the
application of the Balanced Approach (annex to the email of 2 February 2023).
Concerning the letter from Airlines for America to Henrik Hololei, Director-General for
Mobility and Transport, dated 17 February 2023:
-  17  February  2023_1_Redacted:  Letters  from  Airlines  for  America  to  Henrik
Hololei, Director-General for Mobility and Transport, dated 7 September 2022, 3
January 2023 and 17 February 2023;
-  17  February  2023_2_Redacted:  Email  from  Airlines  for  America  to  Henrik
Hololei, Director-General for Mobility and Transport, dated 17 February 2023.
Concerning  IATA’s  letter  of  23  February  2023  to  Mrs  Vălean,  the  Commissioner  for
Transport, concerning the capacity reduction at Amsterdam Schiphol airport:
4

-  23  February  2023_1_Redacted:  Emails  from  IATA  to  Mrs  Vălean,  the
Commissioner  for  Transport,  and  Henrik  Hololei,  Director-General  for  Mobility
and Transport, dated 27 February 2023;
-  23  February  2023_2_Redacted:  Letter  form  IATA  to  Mrs  Vălean,  the
Commissioner  for  Transport,  on  a  temporary  regulation  of  the  Minister  of
Infrastructure  and  Water  Management  of  the  Netherlands,  dated  23  February
2023.
Having  examined  the  documents  requested  under  the  provisions  of  Regulation  (EC)  No
1049/2001  regarding  public  access  to  European  Parliament,  Council  and  Commission
documents (1)  (hereinafter  ‘Regulation  (EC)  No  1049/2001’),  we  have  come  to  the
conclusion  that  the  documents  may  be  partially  disclosed.  Some  parts  of  the  documents
have been redacted, as their full disclosure is prevented by exceptions to the right of access
laid down in Article 4 of this Regulation.
First,  some  parts  of  document  31  January  2023_1_Redacted  have  been  redacted
because their disclosure is prevented by the exception to the right of access laid down in
Article 4(2), first indent of this Regulation.
Article  4(2),  first  indent  of  this  Regulation  sets  out  that  “The  institutions  shall  refuse
access  to  a  document  where  disclosure  would  undermine  the  protection  of  commercial
interests of a natural or legal person, including intellectual property (…), unless there is
an overriding public interest in disclosure”.
Some redacted parts of document 31 January 2023_1_Redacted have been identified as
containing  commercially  sensitive  information  of  the  companies  concerned.  Disclosure
of  these  parts  of  the  document  would  undermine  the  protection  of  the  commercial
interests  of  those  companies,  as  putting  this  information  in  the  public  domain  would
affect their competitive position on the market. More specifically, this document contains
information  which,  if  made  public,  could  jeopardise  the  commercial  relations  of  North
American air carriers with carriers and national authorities from certain third countries.
Therefore,  the  exception  laid  down  in  Article  4(2),  first  indent  of  Regulation  (EC)  No
1049/2001 applies to some redacted parts of this document.
The exceptions laid down in Article 4(2) 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 an overriding public interest in disclosure of the redacted parts of
document 31 January 2023_1_Redacted. However,  I have not  been able to  identify in
this case any other public interest capable of overriding the public interests protected by
Article 4(2) of Regulation (EC) No 1049/2001.

Second, ith regard to the 36 documents (with the file names ending with “Redacted”) listed
above,  a  complete  disclosure  of  the  identified  documents  is  prevented  by  the  exception

(1)  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,  OJ  L  145,
31.05.2001, p. 43.
5

concerning the protection of privacy and the integrity of the individual outlined in Article
4(1)(b) of Regulation (EC) No 1049/2001 (2), 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;
-
other information relating to identified or identifiable natural persons, in particular
references to functions of natural persons, to the extent that these would enable their
identification.
Pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its disclosure would undermine the protection of privacy and the integrity of
the  individual,  in  particular  in  accordance  with  European  Union  legislation  regarding  the
protection of personal data.
The  applicable  legislation  in  this  field  is  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 (3)  (hereinafter  ‘Regulation  (EU)  2018/1725’,  or  ‘Data
Protection Regulation’).
In particular, Article 3(1) of Regulation (EU) 2018/1725 provides that personal data “means
any information relating to an identified or identifiable natural person […]”. The Court of
Justice has specified that any information, which by reason of its content, purpose or effect,
is linked to a particular person is to be considered as personal data (4).
In its judgment in Case C-28/08 P (Bavarian Lager) (5), the Court of Justice ruled that when
a  request  is  made  for  access  to  documents  containing  personal  data,  the  Data  Protection
Regulation becomes fully applicable (6).
According to Article 9(1)(b) of the Data Protection Regulation, personal data shall only be
transmitted to recipients established in the Union other than Union institutions and bodies if

(2)  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  (OJ  L  145,
31.5.2001, p. 43).
(3)   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 (OC L 205 of 21.11.2018, p. 39).
(4)   Judgment of the Court of Justice of the European Union of 20 December 2017 in Case C-434/16, Peter
Nowak v Data Protection Commissioner, ECLI:EU:C:2017:994, paragraphs 33-35.
(5)   Judgment of 29 June 2010 in Case C-28/08 P, Commission v Bavarian Lager, ECLI:EU:C:2010:378,
paragraph 63.
(6)   Whereas this judgment specifically related to Regulation (EC) No 45/2001 of the European Parliament
and of the Council of 18 December 2000 on the protection of individuals with regard to the processing
of personal data by the Community institutions and bodies and on the free movement of such data, the
principles  set  out  therein  are  also  applicable  under  the  new  data  protection  regime  established  by
Regulation (EU) 2018/1725.
6

“[t]he recipient establishes that it is necessary to have the data transmitted for a specific
purpose in the public interest and the controller, where there is any reason to assume that
the  data  subject’s  legitimate  interests  might  be  prejudiced,  establishes  that  it  is
proportionate  to  transmit  the  personal  data  for  that  specific  purpose  after  having
demonstrably weighed the various competing interests”.
Only  if  these  conditions  are  fulfilled  and  the  processing  constitutes  lawful  handling,  in
accordance  with  the  requirements  of  Article  5  of  Regulation  (EU)  2018/1725,  can  the
transmission of personal data occur.
According to Article 9(1)(b) of the Regulation (EU) 2018/1725, the European Commission
has  to  examine  the  further  conditions  for  a  lawful  processing  of  personal  data  only  if  the
first condition is fulfilled, namely if the recipient has established that it is necessary to have
the data transmitted to you for a specific purpose in the public interest. It is only in that case
the  European  Commission  has  to  examine  whether  there  is  a  reason  to  assume  that  the
legitimate interests of the data subject might be prejudiced and, in the affirmative, establish
the  proportionality  of  the  transmission  of  the  personal  data  for  that  specific  purpose  after
having demonstrably weighed the various competing interests.
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.  Therefore,  the  European
Commission  does  not  have  to  examine  whether  there  is  a  reason  to  assume  that  the  data
subjects’ legitimate interests might be prejudiced.
Notwithstanding the above, please note that there are reasons to assume that the legitimate
interests of the data subjects concerned would be prejudiced by disclosure of the personal
data  reflected  in  these  documents,  as  there  is  a  real  and  non-hypothetical  risk  that  such
public  disclosure  would  harm  their  privacy  and  subject  them  to  unsolicited  external
contacts.
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 the 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.
Please  also  note  that  the  disclosed  minutes  and  meeting  reports  were  drawn  up  for
internal  use  under  the  responsibility  of  the  relevant  services  of  the  Directorate-General
for  Mobility  and  Transport.  They  solely  reflect  the  services’  interpretation  of  the
interventions  made and do not  set out  any official  position of the third parties to  which
the documents refer, which were not consulted on their content. They do not reflect the
position of the Commission and cannot be quoted as such.
7

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  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  portal (7)  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 sincerely,
Maja BAKRAN MARCICH

(7)  https://www.ec.europa.eu/transparency/documents-request
8

Electronically signed on 01/06/2023 16:47 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121