Ref. Ares(2021)6505755 - 22/10/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR RESEARCH & INNOVATION
Common Implementation Centre
Common Legal Support Service
The Head of Unit
RS/
rtd.h.1.002(2021)7311460
Nik Völker
MiningWatch Portugal
Rua da Capela 64
6290-071 Figueiró da Serra (Gouveia)
Portugal
Advance copy by e-mail: xxx@xxxxxxxxxxx.xx
Subject: Your application for access to documents GestDem Ref No 2021/5914
Dear Mr Völker,
We refer to your application of 4 October 2021, in which you submitted a request for access to
documents within the framework of Regulation 1049/20011, registered on the same date under
the above-mentioned number.
In your application you requested the
“presentations delivered by the Commission services to the
event "The Supply of Critical Materials in Europe for the Industries of the Future" that took
place on Sep 29th 2021 (e.g. by Gerardo Herrera of DG GROW and Johan Blondelle of DG
R&I), as well as any related records (e.g. presentations of participating regions, meeting
minutes, notes on "Exchanges between the Commission, the Regions and the Audience", etc.)
held by the Commission and its services”.
We have identified one document falling under the scope of your request. Please find attached the
redacted version of the presentation
Battery R&I: Policy context and implementation.
A complete disclosure of the identified document is prevented by the exception on the protection
of privacy and integrity of the individual outlined in Article 4(1)(b) of Regulation 1049/2001,
because it contains the following personal data: the name and email address of a Commission
staff who is not senior management, and pictures, functions and names of other natural persons.
Art 9(1)(b) of the EU Data Protection Regulation2 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
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p.
43), hereinafter referred to as ‘
Regulation 1049/2001’.
2 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Email:
xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
specific purpose in the public interest and where there is no reason to assume that the legitimate
interests of the data subjects 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 Art 4(1)(b) of Regulation 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
believe that the legitimate interests of the concerned individuals would not be prejudiced by the
disclosure of their personal data.
You may reuse the disclosed document according to the
Decision on the reuse of Commission
documents, free of charge, for non-commercial and commercial purposes, provided that the
source is acknowledged and that you do not distort its original meaning and message. The
Commission does not assume liability stemming from the reuse.
Please be informed that the parts of your application referring to
“presentations delivered … by
Gerardo Herrera of DG GROW …, as well as any related records (e.g. presentations of
participating regions, … etc.) held by the Commission and its services” are handled by DG GROW
and you will receive an answer from our colleagues in due time.
In accordance with Art 7(2) of Regulation 1049/2001, should you wish the Commission to review
this position, you are entitled to make a confirmatory application within 15 working days upon
receipt of this letter, at the following address:
European Commission
Secretariat-General
Unit SG.C.1 – Transparency, document management & access to documents
BERL 07/076
1049 Brussels Belgium
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Reinhard Schulte
Encl.: redacted general presentation on batteries
2
Electronically signed on 21/10/2021 16:53 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482