Ref. Ares(2015)1397831 - 30/03/2015
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
The Director-General
Brussels,
DG/JP/R.6/VA D(2015) 1277988
By registered letter with acknowledgment of receipt:
Ms Lora Verheecke
Corporate Europe Observatory (CEO)
26 rue d'Edimbourg
1050 Brussels
Advance copy by email:
ask+request-1758-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 1039/2015
Dear Sir,
We refer to your e-mail dated 18/02/2015 in which you make a request for access to documents,
registered on 18/02/2015 under the above mentioned reference number.
We have identified 2 documents related to your request of which a list is attached as well as the
documents identified. Please note that these documents cannot be reproduced or disseminated for
commercial purposes without prior consent given by the Commission.
The documents requested contain personal data 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 Community legislation
regarding the protection of personal data. The applicable legislation in this field is 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 data1.
When access is requested to documents containing personal data, Regulation (EC) No 45/2001
becomes fully applicable2. According to Article 8(b) of this Regulation, personal data shall only be
transferred to recipients if they establish the necessity of having the data transferred to them and if there
is no reason to assume that the legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the aforementioned
personal data to you has not been established and that it cannot be assumed that such disclosure would
not prejudice the legitimate rights of the persons concerned. Therefore, we are disclosing the documents
requested expunged from this personal data.
If you wish to receive these personal data, we invite you to provide us with arguments showing the
need for having these personal data transferred to you and the absence of adverse effects to the
legitimate rights of the persons whose personal data should be disclosed.
1 OJ L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian Lager Co.
Ltd, not yet reported
In case you would disagree with the assessment that the expunged data are personal data which can
only be disclosed if such disclosure is legitimate under the rules of personal data protection, you are
entitled, in accordance with Article 7(2) of Regulation 1049/2001, to make 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 Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-5
BERL 5/327
B-1049 Bruxelles
or by em
ail to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Jerzy
PLEWA
Attachments: 3
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
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