Ref. Ares(2022)3894366 - 24/05/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director General
Brussels
GROW.B.1
Ms Doring Laura
1 Long Lane Borough
London
SE1 4PG
By e-mail: ask+request-10943-
xxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – GESTDEM 2022/2020
We refer to your e-mail of 4th April 2022 in which you make a request for access to
documents, registered on 6th April 2022 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 meetings listed below:
1. between Covestro AG and Thierry Breton, Commissioner on 05/05/2021
2. between Eastman Chemical Company and Joan Canton, Cabinet member of Thierry
Breton on 03/03/2022
Concerning first point of your request, we have identified two enclosed documents falling
within the scope of your request.
A complete disclosure documents identified 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 details of 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
documents, as the need to obtain access thereto for a purpose in the public interest has not
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BREY 14/110 - Tel. direct line +32 229-61326
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.
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.
Concerning second point of your request, we regret to inform you that DG GROW does
not hold any documents that would correspond to the description given in your
application.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution. Given that no such documents, corresponding to the description given in
your application, are held by DG GROW, DG GROW is not in a position to fulfil your
request.
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
Yours faithfully,
Kerstin Jorna
Director-General
Enclosure:
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Electronically signed on 23/05/2022 14:55 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121