Ref. Ares(2017)2689530 - 29/05/2017
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
Directorate I. Legal, institutional and procedural matters
I.3. Enforcement of legislation, Relations with the European Ombudsman and Access to
I.3/KVK/RW D(2017) 2989909
12A Jan Stassstraat
By registered letter with acknowledgment of
Advance copy by email:
[FOI #4150 email]
Your application for access to documents – Ref GestDem No 2017/2149
We refer to your e-mail dated 04/04/2017 in which you make a request for access to documents,
registered on 6/04/2017 under reference number GestDem 2017/2149.
You request access to the following documents, dating between July 30th 2010 and October 17th
1. Communication in the form of documents (agendas, meetings, minutes of meetings, lists
of participants, etc.) between DG AGRI and interest groups, as defined in the
Transparency Register, regarding biofuels in relation to Directive 2015/1513.
2. Communication in the form of e-mail exchanges between Commissioner Dacian CIOLOS
and his cabinet and interest groups, as defined in the Transparency Register, regarding
biofuels in relation to Directive 2015/1513.
We identified 41 documents related to your request, specified in three lists attached. Letters to
other Commissioners, the Secretary General as well as the President of the European
Commission have also been included, in case DG ARGI/Commissioner Cioloṣ has been in copy.
We enclose a copy of the respective documents which we hope will meet your needs.
Parts of these documents have already been disclosed in the past, but due to new provisions as to
the protection of personal data, additional personal data of the third parties documents have been
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
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 9(1) of this Regulation and unless the conditions of Article 9(6) of the
Regulation are met, personal data shall only be transferred to recipients, other than Community
institutions and bodies, which are not subject to national law adopted pursuant to Directive
95/46/EC, if an adequate level of protection is ensured in the country of the recipient or within the
recipient international organisation and the data are transferred solely to allow tasks covered by the
competence of the controller to be carried out.
We consider that, with the information available, the fulfilment of these conditions has not been
established. 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:
Transparency unit SG-B-4
or by email to: [email address]
Additionally to the documents listed and sent, we include two links to publicly available
proceedings of two expert workshops, the 'Commodity Market Development in Europe –
Outlook', held in November 2010 and October 2011. At these expert workshops, the DG AGRI
biofuels baseline for the Impact Assessments for Directive 2015/1513 has been discussed with
stakeholders. These proceedings include the agenda of the respective workshops, the main
outcome and the list of participants:
5-6 October 2010 Outlook WS: https://ec.europa.eu/jrc/en/publication/eur-scientific-and-
1 Official Journal 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.
25-26 October 2011 Outlook WS: https://ec.europa.eu/jrc/en/publication/eur-scientific-and-
Karl VON KEMPIS
3 lists of identified documents and 41 documents
Electronically signed on 29/05/2017 16:17 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563