Ref. Ares(2021)6490759 - 21/10/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL DEFENCE INDUSTRY AND SPACE
Coordination and Interinstitutional Relations
Brussels
DEFIS.01/
VERHEECKE Lora
9 rue du Bronze,
1070 Bruxelles
Belgium
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2021/5892
Dear VERHEECKE Lora,
We refer to your application for access to documents in object submitted within the
framework of Regulation (EC) No 1049/2001.1
1.
SCOPE OF YOUR APPLICATION
In your application GESTDEM 2021/5892, registered 05/10/2021, you requested access
to:
All documentation (including but not limited to all email correspondence,
attendance lists, agendas, background papers, transcripts, recordings and
minutes/notes) relating to the meeting between Thales and Breton's office on
19th July.
We have identified the following document as falling within the scope of your request:
1. The e-mails
Demande de entretien entre le Commissaire Breton et M. of 16/11-
2020 - 16/06/2021, Ares(2021)4029478 (Document 1);
After having consulted THALES GROUP regarding the document and information
originating from them in accordance with Articles 4(4) and 4(5) of Regulation 1049/2001,
DG DEFIS:
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).
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: - Office: Tel. direct line
gives partial access to Document 1 only subject to the redaction of personal data on
the basis of Article 4(1)(b) (protection of the privacy and the integrity of the
individual);
Please see below our analysis on the requested document.
2.
ASSESSMENT AND CONCLUSIONS UNDER REGULATION 1049/2001
2.1. Protection of privacy and the integrity of the individual
According to Article 4(1)(b) of Regulation (EC) 1049/2001, access to documents is refused
where disclosure would undermine the protection of "
privacy and the integrity of the
individual", in particular in accordance with European Union legislation regarding the
protection of personal data2.
The requested Documents 1 contains personal data such as names, functions and contacts of
Commission’s officials not having the function of senior management staff and of third
parties identified in the documents. This information clearly constitutes personal data in the
meaning of Article 3(1) of Regulation 2018/1725.
Pursuant to Article 9(1)(b) of Regulation 2018/1725, personal data shall only be transmitted
to recipients established in the Union other than Union institutions and bodies if
‘[t]he
recipient establishes that it is necessary to have the data transmitted for a specific purpose
in the public interest and the controller, where there is any reason to assume that the data
subject’s legitimate interests might be prejudiced, establishes that it is proportionate to
transmit the personal data for that specific purpose after having demonstrably weighed the
various competing interests’.
According to Article 9(1)(b) of Regulation 2018/1725, the European Commission has to
examine the further conditions for a lawful processing of personal data only if the first
condition is fulfilled, namely if the recipient has established that it is necessary to have the
data transmitted for a specific purpose in the public interest. In your request, you do not put
forward any arguments to establish the necessity to have the data transmitted for a specific
purpose in the public interest.
Therefore, personal data have been redacted in the requested document.
3.
DISCLAIMER AND RE-USE OF DOCUMENTS
Please note that information originating from third party is 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 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 (‘Regulation 2018/1725’).
2
You may reuse the disclosed information originating from the European Commission 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 document.
Please note that the Commission does not assume liability stemming from the reuse.
4.
MEANS OF REDRESS
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled 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 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
According to standard operational procedure, the reply is usually also sent to you by
registered post. Please note, however, that due to the extraordinary health and security
measures currently in force during to the COVID-19 epidemics, which include the
requirement for all Commission non-critical staff to telework, we are unfortunately not in a
position to follow this procedure until further notice.
We would therefore appreciate if you could confirm receipt of the present e-mail by
replying to
xxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx.
Yours faithfully,
Giancarlo Granero
Head of Unit
Enclosure:
requested Document 1 expunged from data according to the Regulation
1049/200
3
Electronically signed on 20/10/2021 12:26 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline