Ref. Ares(2018)857400 - 14/02/2018
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR RESEARCH & INNOVATION
The Director-General
Brussels, 13/02/2018
J1/RS/JCV/MSM
rtd.ddg3.j.1(2018)608778
By registered letter with acknowledgment
of receipt
João Costa
Rua dos Lírios nº34, 1º B
2725 - Mem Martins
Portugal
Advance copy by e-mail: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for public access to documents – GestDem Ref No
2017/7371
Dear Mr Costa,
We refer to your email dated 09/12/2017 in which you submitted, within the framework
of Regulation (EC) 1049/20011, an application for access to documents.
1. SCOPE OF YOUR REQUEST
You requested access to the correspondence and notes of the meetings of Commissioner
Carlos Moedas, his cabinet and DG Research with GALP (GALP Energia SGPS, GALP
gasnatural SA).
We have identified 9 documents falling under the scope of your request (hereinafter the
'requested documents'), namely several letters, emails exchanges and briefing notes.
2. EXAMINATION UNDER REGULATION (EC) NO 1049/2001
Having examined the requested documents under the provisions of Regulation (EC)
1049/2001, and taking account of the legitimate interests of any third party concerned,
we are pleased to inform you that partial access can be granted to the requested
documents. Some information has been withheld, as it concerns commercially sensitive
information and the personal data, as explained below.
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 (EC) 1049/2001’.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Email
: xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
2.1 Protection of commercial interests of a natural or legal person, including
intellectual property
Article 4(2), first indent, of Regulation (EC) 1049/2001 provides that
"[t]he institutions
shall refuse access to a document where disclosure would undermine the protection of
[...] commercial interests of a natural or legal person, including intellectual property,
unless there is an overriding public interest in disclosure".
The requested documents number 1, 2, 6 and 7 contain references to certain strategic
considerations and R&D projects being developed by GALP in the energy sector that
have a fundamental importance for the activities of the company. The disclosure of this
information would provide insights to competitors that are prejudicial to the business of
GALP or could undermine the ongoing projects and their potential for commercial roll-
out considering the competitive environment in which the company develops its
activities.
The public disclosure of this information might undermine the commercial interests of
the GALP within the meaning of Article 4(2), first indent, of Regulation (EC) 1049/2001.
Article 4(2), first indent, of Regulation (EC) 1049/2001 (protection of commercial
interests) applies unless there is an overriding public interest in disclosure of the
documents requested. In this instance, we have found no elements which could indicate
the existence of an overriding public interest in the sense of Regulation (EC) 1049/2001
that would outweigh the need to protect the commercial interests identified in the present
letter.
2.2 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 Community legislation regarding the
protection of personal data".
All the requested documents contain personal data such as name, surname, telephone
number, fax number, signature, email, office number of certain members of the staff of
the Commission and GALP. This information clearly constitutes personal data in the
meaning of Article 2(a) of Regulation (EC) 45/20012.
According to Article 8(b) of Regulation (EC) 45/2001, personal data shall only be
transferred to a recipient in the EU/EEA if the recipient establishes the necessity of
having the data transferred and if there is no reason to assume that the data subject's
legitimate interests might be prejudiced. Those two conditions are cumulative. In the
present case, you have not put forward any arguments to substantiate a need to obtain
2 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the institutions and bodies of the
Community and on the free movement of such data (OJ L 8, 12.01.2001, p.1), hereinafter referred to as
‘Regulation (EC) 45/2001’.
2
these personal data. Furthermore, it cannot be assumed that such disclosure would not
prejudice the legitimate rights of the persons concerned.
Therefore, personal data have been withheld from the requested documents except the
name of members the Commission and their Cabinets and the name of the main
representative of the third party, in conformity with the Commission usual practice.
3. MEANS OF REDRESS
In accordance with Article 7(2) of Regulation (EC) 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 Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/282
B-1049 Brussels
or by emai
l to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Robert-Jan SMITS
Enclosure: requested documents expunged from information protected under Regulation
1049/2001.
3
GestDem 2017/7371
List of requested documents
N°
Doc reference
Exception Art 4 Regulation 1049/2001
Type of access
1
Ares(2014)3696072
Article 4(1)(b) – privacy and integrity
Partial access
Article 4(2) 1st indent– protection of
commercial interest, including
intellectual property rights.
2
Basis document
Article 4(1)(b) – privacy and integrity
Partial access
Article 4(2) 1st indent– protection of
commercial interest, including
intellectual property rights.
3
Ares(2015)1622805
Article 4(1)(b) – privacy and integrity
Partial access
4
Exchange of Emails 05.02.2015
Article 4(1)(b) – privacy and integrity
Partial access
5
Exchange of Emails 12.02.2015
Article 4(1)(b) – privacy and integrity
Partial access
6
Ares(2015)3672172
Article 4(1)(b) – privacy and integrity
Partial access
Article 4(2) 1st indent– protection of
commercial interest, including
intellectual property rights
7
Basis document
Article 4(1)(b) – privacy and integrity
Partial access
Article 4(2) 1st indent– protection of
commercial interest, including
intellectual property rights.
8
Ares(2015)4002635
Article 4(1)(b) – privacy and integrity
Partial access
9
Ares(2016)7103610
Article 4(1)(b) – privacy and integrity
Partial access
4
Document Outline