Ref. Ares(2019)7788296 - 18/12/2019
EUROPEAN COMMISSION
Secretariat-General
Directorate C - Transparency, Efficiency & Resources
The Director
Brussels
SG.C.1/CS/rc -
By registered mail with AR
Mr Aisha Down
Emerika Bluma 8
Sarajevo
Bosnia and Herzegovina
Copy by email:
ask+request-7375-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2019/6002
Dear Ms Down,
I refer to your message of 16 October 2019 in which you make a request for access to
documents, registered on the same day under the above-mentioned reference number.
1. SCOPE OF YOUR REQUEST
You request access to, I quote:
‘- all documents – including but not limited to minutes, (hand-written) notes, audio
recordings, verbatim reports, operational conclusions, lines to take, e-mails, and
presentations – related to all meetings between the Secretariat and representatives of
trade associations, unions, and think tanks on the subject of EFSI in 2014 and 2015’.
On 17 October 2019, the European Commission sent you a clarification request, whereby
it informed you that the description given in your application does not enable it to
identify concrete documents which would correspond to your request. Therefore, it
invited you to specify your request by providing more detailed information on the
documents which you seek to obtain, more particularly the topic(s) of the requested
document, references, date of the requested documents, persons or bodies who drafted
the documents, etc.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
By your email of 22 October 2019, you replied to the clarification request by providing
additional information on your request including on the names of persons and
organisations or entities, to the meetings of which your request for access to documents
pertains. However, the clarifications received were not sufficiently precise to enable the
Commission to identify the documents to which you request to obtain access.
On 23 October 2019, the Commission sent you a further clarification request, common
for all three initial requests you submitted to the Secretariat-General1. It also provided
you with the lists of all meetings held between the organisations/entities mentioned in
your requests available in the Transparency Register.
As regards the present request, registered under the reference number GESTDEM 2019-
6002, the Commission asked if you could confirm that you are interested in obtaining
access to all documents in relation to all meetings held between the President Jean-
Claude Juncker and his cabinet members and the First Vice-President Frans Timmermans
and his cabinet members, for the period 2014 and 2015, and the following
organisations/entities: European Trade Union Confederation, European Round Table of
Industrialists, FEDIL-The Voice of Luxembourg’s Industry and the American Chamber
of Commerce to the European Union.
By your email of 25 October 2019, you confirmed that you are interested in obtaining
access to:
‘[a]ll documents in relation to all meetings held between the President Jean-Claude
Juncker and his cabinet members and the First Vice-President Frans Timmermans and his
cabinet
members,
for
the
period
2014
and
2015,
and
the
following
organisations / entities: European Trade Union Confederation, European Round Table of
Industrialists, FEDIL-The Voice of Luxembourg’s Industry and the American Chamber
of Commerce to the European Union.’
Based on the above, the Commission has identified the following documents as falling
within the scope of your request GESTDEM 2019-6002:
As regards the documents in relation to all meetings held between the First Vice-President
of
the
Commission
and
his
cabinet
members,
and
the
above-mentioned
organisations / entities, for the period 2014 and 2015:
- E-mail enclosing a letter from the European Trade Union Confederation (hereafter
‘ETUC’) to the First Vice-President of 4 November 2014, reference
Ares(2014)3663561 (hereafter ‘document 1’ and ‘document 1a’);
1 Registered under the reference numbers GESTDEM 2019/5823, GESTDEM 2019/5865 and
GESTDEM 2019/6002.
2
- E-mail enclosing a letter from European social partner organisations to the First Vice-
President and Vice-President Valdis Dombrovskis of 24 April 2015, reference
Ares(2015)1780921 (hereafter ‘document 2’ and ‘document 2a’);
- Letter to the European social partners from the First Vice-President and Vice-
President Valdis Dombrovskis of 6 May 2015, reference Ares(2015)1922812
(hereafter ‘document 3’);
- E-mail of 6 February 2015 enclosing a letter from the members of the High-Level
Group on Administrative Burden Reduction to the First Vice-President of 5 February
2015 and the document entitled ‘Dissenting Opinion’, reference Ares(2015)551189
(hereafter ‘document 4’, ‘document 4a’ and ‘document 4b’);
- E-mails from the European Round Table of Industrialists (hereafter ‘ERT’) to the
Cabinet of the First Vice-President of April 2015 and June 2015 enclosing the
document entitled ‘Competitiveness Working Group membership’, reference
Ares(2015)32648 (hereafter ‘document 5’ and ‘document 5a’);
- E-mail of 9 February 2015 enclosing a letter from the American Chamber of
Commerce to the EU to the Cabinet of the First Vice-President of 6 February 2015
and the document entitled ‘AmCham EU’s response to the European Commission’s
public consultation on modalities for investment protection and ISDS in TTIP’,
reference Ares(2015)584317 (hereafter ‘document 6’, ‘document 6a’ and ‘document
6b’).
As regards the documents in relation to all meetings held between the President of the
Commission and his cabinet members, and the above-mentioned organisations / entities, for
the period 2014 and 2015:
- E-mail enclosing a letter of invitation from the ETUC to the President of the
Commission to attend the ETUC Executive Committee on trade unions’ assessment
of the European Commission Work Programme 2016 of 27 November 2015,
reference Ares(2015)5425591 (hereafter ‘document 7’ and ‘document 7a’);
- Letter of reply from the President of the Commission to the ETUC of 14 December
2015, reference Ares(2015)5819301 (hereafter ‘document 8’);
- E-mail enclosing a letter from the ETUC to the President of the Commission and to
Members of the Commission of 25 November 2015 and background documents
summarising ‘ETUC’s position on National Competitiveness Boards’ and
‘Strengthening the role of social partners in economic governance and the European
Semester’, reference Ares(2015)5350613 (hereafter ‘document 9’, ‘document 9a’,
‘document 9b’ and ‘document 9c’);
- Letter of reply from the Office of the President of the Commission to the ETUC of 2
December 2015, reference Ares(2015)5513073 (hereafter ‘document 10’);
- E-mail enclosing letter from the ETUC to the President of the Commission and to a
Member of the Commission of 2 October 2015 regarding the preparatory meeting
ahead of the Tripartite Social Summit, reference Ares(2015)4097360 (hereafter
‘document 11’ and ‘document 11a’);
3
- Letter of reply from the President of the Commission to the ETUC of 5 November
2015, reference Ares(2015)4855679 (hereafter ‘document 12’);
- E-mail enclosing a letter of invitation from the ETUC to the President of the
Commission to attend the 13th ETUC Congress of 23 February 2015, reference
Ares(2015)764316 (hereafter ‘document 13’ and ‘document 13a’);
- Letter of reply from the President of the Commission to the ETUC of 4 March 2015,
reference Ares(2015)961091 (hereafter ‘document 14’);
- E-mail exchange regarding the proposal for a meeting between the Office of the
President of the Commission and the ETUC of December 2014, reference
Ares(2014)4306282 (hereafter ‘document 15’) and Ares(2015)713210 (hereafter
‘document 16’);
- E-mail from the ETUC to the President of the Commission regarding the proposal for
a meeting of 27 November 2014, reference Ares(2014)3986785 (hereafter ‘document
17’);
- E-mail exchange regarding a meeting request between the Office of the President of
the Commission and the ERT of February 2015, reference Ares(2015)532724
(hereafter ‘document 18’);
- E-mail from the Office of the President of the Commission to the ERT of 17
November 2014, reference Ares(2014)3813303 (hereafter ‘document 19’);
- Letter from the ERT to the President of the Commission of 28 October 2014,
reference Ares(2014)3660140 (hereafter ‘document 20’);
- E-mail exchange regarding an invitation from FEDIL – The Voice of Luxembourg’s
Industry (hereafter ‘FEDIL’) to the President of the Commission to attend an event of
December 2015, reference Ares(2015)5827940 (hereafter ‘document 21’);
- Letter of invitation from FEDIL to the President of the Commission to attend an
event of 2 December 2015, reference Ares(2015)5562742 (hereafter ‘document 22’
and ‘document 22a’);
- Letter of reply from the Office of the President of the Commission to FEDIL of 7
August 2015, reference Ares(2015)3310292 (hereafter ‘document 23’);
- Letter of invitation from FEDIL to the President of the Commission to attend an
event of 2 June 2015, reference Ares(2015)2347224 (hereafter ‘document 24’);
- Letter of reply from the Office of the President of the Commission to FEDIL of 3
June 2015, reference Ares(2015)2315835 (hereafter ‘document 25’);
- Letter of invitation from FEDIL to the President of the Commission to attend a
conference of 22 May 2015, reference Ares(2015)2178587 (hereafter ‘document 26’,
‘document 26a’ and ‘document 26b’); and
- E-mail exchange between the American Chamber of Commerce to the EU and the
Office of the President of the Commission regarding a meeting of January and
February 2015, reference Ares(2015)502528 (hereafter ‘document 27’).
4
2. ASSESSMENT AND CONCLUSIONS UNDER REGULATION (EC) NO 1049/2001
Following our assessment, I hereby inform you that wide partial access is granted to the
requested documents, subject only to the redaction of personal data, in accordance with
Article 4(1)(b) (protection of privacy and the integrity of the individual) of Regulation (EC)
No 1049/2001, for the reasons set out in section 2.2 below.
2.1. Consultation of third parties
As regards the document 9b and the document 9c, in particular, originating from a third
party (the ETUC) and referring to background documents setting forth that third party’s
position in respect of the issues addressed therein, the Commission consulted the third party
in accordance with Article 4(4) of Regulation (EC) No 1049/2001 with a view to assessing
whether an exception in paragraph 1 or 2 of Article 4 of Regulation (EC) No 1049/2001 is
applicable.
By its reply to the Commission, the third party confirmed that it does not object to, and
therefore agrees with the disclosure of these documents originating from it.
Following this consultation, I hereby inform you that wide partial access is granted also to
these documents, subject only to the redaction of personal data, in accordance with Article
4(1)(b) (protection of privacy and the integrity of the individual) of Regulation (EC) No
1049/2001, for the reasons set out in section 2.2 below.
Please note that the majority of the documents falling within the scope of your request
originate from third parties. They are disclosed for information only and cannot be reused
without the agreement of the originator, who holds a copyright on them. They do not reflect
the position of the Commission and cannot be quoted as such.
2.2. Protection of privacy and the integrity of the individual
Pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its 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 data.
The applicable legislation in this field is 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/EC2 (hereafter ‘Regulation (EU) 2018/1725’).
2
Official Journal L 205 of 21.11.2018, p. 39.
5
The documents to which you request access contain personal data, in particular the names,
functions, contact details (email addresses, telephone and office numbers) pertaining to staff
members of the Commission not holding any senior management positions, as well as to
third party individuals who are not considered as public figures acting in their public
capacity.
Indeed, Article 3(1) of Regulation (EU) 2018/1725 provides that personal data ‘means any
information relating to an identified or identifiable natural person […]’. The Court of Justice
has specified that any information, which by reason of its content, purpose or effect, is
linked to a particular person is to be considered as personal data.3
Please note in this respect that the names, signatures, functions, telephone numbers and/or
initials pertaining to staff members of an institution are to be considered personal data.4
In its judgment in Case C-28/08 P (
Bavarian Lager)5, the Court of Justice ruled that when a
request is made for access to documents containing personal data, the Data Protection
Regulation becomes fully applicable.6
Only if the conditions for transfer defined in Regulation (EU) 2018/1725 are fulfilled and
the processing constitutes lawful processing in accordance with the requirements of Article
5 of this regulation, can the transmission of personal data occur.
In your application, you indicate that your address is outside EU/EEA. The public
disclosure of the personal data contained in the document(s) requested would therefore
constitute processing (transfer) of personal data within the meaning of Chapter V of
Regulation (EU) 2018/1725.
According to Article 47(1) of that regulation, and unless the conditions of Article 48 are
met, a transfer of personal data to a third country or international organisation may take
place only where the Commission has decided pursuant to Article 45(3) of Regulation (EU)
2016/679 or to Article 36(3) of Directive (EU) 2016/680 that the third country, a territory or
one or more specified sectors within that third country, or the international organisation in
question ensures an adequate level of protection and where the personal data are transferred
solely to allow tasks within the competence of the controller to be carried out.
3
Judgment of the Court of Justice of the European Union of 20 December 2017 in C
ase C-434/16, Peter
Nowak v Data Protection Commissioner, request for a preliminary ruling, paragraphs 33-35,
ECLI:EU:C:2017:994.
4
Judgment of the General Court of 19 September 2018 in c
ase T-39/17, Port de Brest v Commission,
paragraphs 43-44,
ECLI:EU:T:2018:560.
5
Judgment of the Court of Justice of 29 June 2010,
European Commission v The Bavarian Lager Co.
Ltd, Case C-28/08 P, EU:C:2010:378, paragraph 59.
6 Whereas this judgment specifically related to 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 Community institutions and bodies and on the free movement of such data, the
principles set out therein are also applicable under the new data protection regime established by
Regulation (EU) 2018/1725.
6
We consider that, with the information available, the fulfilment of these conditions has not
been established. Therefore, we are disclosing the documents requested from which these
personal data have been redacted.
3.
OVERRIDING PUBLIC INTEREST IN DISCLOSURE
Article 4(1)(b) of Regulation (EC) No 1049/2001 does not include the possibility for the
exception defined therein to be set aside by an overriding public interest.
4.
PARTIAL ACCESS
Please note that partial access is granted to the requested documents.
5. 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, including in
case you would disagree with the assessment that the redacted data are personal data which
can only be disclosed if such disclosure is legitimate under the applicable rules on the
protection of personal data.
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,
Tatjana Verrier
Director
Enclosures: (43)
7
Electronically signed on 10/12/2019 13:24 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
Document Outline