Ref. Ares(2015)5011813 - 11/11/2015
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
Directorate R. Management of resources
Director
Brussels,
R/GH/R.6/RW D(2015) 5438527
Katharina Klein
c/o Corporate Europe Observatory
rue d'Edimbourg 26
1050 Bruxelles
By registered letter with acknowledgment of receipt
Advance copy by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2015/5146
Dear Madam,
We refer to your request for access to documents, registered on 29/09/2015 under the
above mentioned reference number and your messages with the clarifications of
17/09/2015 and 25/09/2015.
I would like to inform you that we identified 16 documents related to your request. We
enclose a list of them and a copy and/or links to 15 documents.
Regarding the documents originating from the Commission (numbers 13 and 16) you
may reuse them free of charge for non-commercial and commercial purposes provided that
the source is acknowledged, that you do not distort the original meaning or message of the
documents. Please note that the Commission does not assume liability stemming from the
reuse.
The document number 16 to which you have requested access contains personal data, in
particular the names of EC staff.
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
As regards the document originating from the UK authorities, following consultation with
them, we can inform you that this document is soon going to be published and we will send
this public link shortly
Yours faithfully,
Georg HAEUSLER
Annex:
list of documents identified and 10 documents
2
Electronically signed on 11/11/2015 12:09 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563