Ref. Ares(2023)4123876 - 14/06/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director-General
Brussels
GROW.B.1
Ms Venetia Roxburgh
Hamilton House, Temple,
London
United Kingdom
By email:
ask+request-13009-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref. EASE 2023/3024
Dear Ms Roxburgh,
We refer to your e-mail of 22 May 2023 in which you make a request for access to
documents, registered on 24 May 2023 under the above-mentioned reference number.
You request access to:
“All documentation (including but not limited to all email correspondence, attendance
lists, agendas, background papers, transcripts, recordings and minutes/notes) relating to
the meeting listed below:
1. Between Eurofer and Elina Laurinen, Cabinet member of Thierry Breton and Joan
Canton, Cabinet member of Thierry Breton Internal Market on the 8th February 2023
2. Between Eurofer and Elina Laurinen, Cabinet member of Thierry Breton and Joan
Canton, Cabinet member of Thierry Breton Internal Market on the 30th March 2023
3. Between thyssenkrupp and Joan Canton, Cabinet member of Thierry Breton and Thierry
Breton, Commissioner on the 2nd February 2022”.
We have identified the following two documents concerning the first and second point of
your request and falling within the scope of your request:
- “
Meeting request on behalf of the European steel industry”, 16 January 2023,
reference Ares(2023)316326 (‘document 1’);
- “
Demande de rendez-vous, 8 March 2023", reference Ares(2023)3834453
(‘document 2’).
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Concerning document 1, a complete disclosure 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 it contains the following personal data:
- the names/initials, functions, contact details and functions of Commission staff
members;
- the names/initials, functions, contact details and functions of other 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
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
document, 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.
Concerning document 2, after examination under the rules of the Regulation (EC) No
1049/2001 and taking into account the opinion of the consulted third party, I regret to
inform you that access cannot be granted, as its disclosure is prevented by the exception to
the right of access laid down in Article 4(2) first indent of this Regulation.
The originator of the document has been consulted and has objected to disclosure of the
document stating that its disclosure would undermine the protection of the commercial
interests.
Following the third party’s opinion and considering that the document contains
commercially sensitive business information, disclosure of which would undermine the
originator’s commercial standing in the competitive markets in which it operates, the
access to document 2 cannot be granted.
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 document. I have examined
whether there could be an overriding public interest in disclosure, but I have not been able
to identify such an interest.
With regards to the third point of your request, we regret to inform you that the Directorate-
General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) does not
hold any documents that would correspond to the description given in your application.
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.
2
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
Enclosure: 1
1
https://www.ec.europa.eu/transparency/documents-request
3
Electronically signed on 13/06/2023 16:07 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121