Ref. Ares(2021)6557665 - 25/10/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director-General
Brussels
GROW.B.1/AS
Lora Verheecke
9 Rue du Bronwe
1070 Brussels
Subject:
Your application for access to documents – GESTDEM 2021/5864
Dear Ms Verheecke,
We refer to your e-mail of 4 October 2021 in which you make a request for access to
documents, registered on the same day under the above-mentioned reference number.
You request 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 Joan Canton, Filomena Chirico and
Bolt on 7th September”
.
We have identified the enclosed 2 documents falling within the scope of your request.
With regard to the above mentioned documents, 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:
-
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 Regulation 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 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 Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BREY 08/083
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 addition, having examined the documents under Regulation (EC) No 1049/2001 and
taking into account the opinion of the consulted third party, I have come to the
conclusion that these documents may be partially disclosed. Some parts of the documents
have been blanked out as their disclosure is prevented by exception to the right of access
laid down in Article 4(2) of this Regulation. The redacted parts of the document contain
commercially sensitive information the disclosure of which would undermine the
protection of the competitive position of the company concerned.
The exceptions laid down in Article 4(2) and 4(3) of Regulation (EC) No 1049/2001
apply unless there is an overriding public interest in disclosure of the document. I have
examined whether there could be an overriding public interest in disclosure, but that I
have not been able to identify such an interest.
You may reuse public documents, which have been produced by the European
Commission or by public and private entities on its behalf based on the
Commission
Decision on the reuse of Commission documents. You may reuse the document disclosed
free of charge and for non-commercial and commercial purposes provided that the source
is acknowledged and 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.
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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Sincerely yours,
Electronically signed
Kerstin JORNA
Director-General
2
Electronically signed on 22/10/2021 17:06 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482