Ref. Ares(2021)4725081 - 22/07/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
Ecosystems IV: Mobility & Energy Intensive Industries
Mobility
Head of Unit
Brussels,
GROW I2/SPR/cds(2021)
Mr Peter Teffer
Ekko Voorkamer
Bemuurde Weerd WZ 3
3513 BH Utrecht
The Netherlands
Sent by email only to:
ask+request-9558-
xxxxxxxx@xxxxxxxx.xxx
Subject: Request for access to documents – GestDem No. 2021/3432 – Second reply
Dear Mr Teffer,
referring to my letter of 16 July, in which I informed you that you were receiving a partial reply
to your access to documents request GestDem No. 2021/3432, I would now like to provide you
with a follow-up reply
1.
DISCLOSURE OF THE REQUESTED DOCUMENTS
With the first reply, six documents were disclosed, out of the total of 26 documents identified.
We can now disclose a further 18 documents. The list of these documents is in annex. For two
documents originating from the Member States, the third-party consultations are still ongoing.
You will receive a separate reply regarding these documents as soon as the third-party
consultations have been completed. We apologise for the inconvenience.
The documents originate from third parties. I can confirm that DG Internal Market, Industry,
Entrepreneurship and SMEs has consulted according to Article 4, paragraph 4 of Regulation
1049/2001 the third parties with a view to assessing whether an exception in paragraph 1 or 2 is
applicable, and has obtained their permission to release the documents.
Please note that documents originating from third parties are disclosed to you based on Regulation
(EC) No 1049/2001. However, this disclosure is without prejudice to the rules on intellectual
property, which may limit your right to reproduce or exploit the released documents without the
agreement of the originator, who may hold an intellectual property right on them. The European
Commission does not assume any responsibility from their reuse.
2.
PROTECTION OF PERSONAL DATA
With regard to the documents listed above, a complete disclosure of the identified documents is
prevented by the exception concerning the protection of privacy and the integrity of the individual
outlined in Article 4(1)(b) of Regulation (EC) No 1049/2001, because they contain the following
personal data:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË
-
the names/initials and contact information of Commission staff members not pertaining to
the senior management;
-
the names/initials and contact details of other natural persons;
Article 9(1)(b) of the Data Protection Regulation1 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 specific
purpose in the public interest and where there is no reason to assume that the legitimate interests of
the data subject 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 arguments to establish the necessity to
have the data transmitted for a specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access
cannot be granted to the personal data contained in the requested documents, as the need to obtain
access thereto for a purpose in the public interest has not been substantiated and there is no reason
to think that the legitimate interests of the individuals concerned would not be prejudiced by
disclosure of the personal data concerned.
In case you would disagree with this position, you are entitled, in accordance with Article 7(2) of
Regulation (EC) No 1049/2001, to submit 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 Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles,
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Joanna Szychowska
Annexes: Document register
18 documents
1 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.
2
Electronically signed on 22/07/2021 17:05 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline