Ref. Ares(2015)5289727 - 23/11/2015
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
Directorate R. Management of resources
Director
Brussels,
R/GH/R. /RW D(2015) 5777742
Access Info Europa
Cava San Miguel 8, 4ºcentro
28005 Madrid Spain
By
registered
letter
with
acknowledgment of receipt
Advance copy by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2015/3137
Dear Access Info Europe,
We refer to your request for access to documents, registered under the above mentioned
reference number and our response of 4/11/2015.
Your application concerns documents exchanged between Commission officials and
organisations between 1 July 2012 and 18 October 2012, related to biofuels and indirect
land-use change.
You have already received 10 documents in our first response. I would like to inform you
that we have identified two more documents relevant to your request. Please find
enclosed a copy of them. Please note that the last annex of Commission document on the
meeting with OXFAM has been removed as it is not relevant to your request.
The documents to which you have requested access 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.
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, ECR 2010 I-06055.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
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/or 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.
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-4
BERL 5/327
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Georg HAEUSLER
Annex:
2
documents
2
Electronically signed on 23/11/2015 10:39 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563