Ref. Ares(2020)2316927 - 30/04/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR FINANCIAL STABILITY, FINANCIAL SERVICES AND CAPITAL
MARKETS UNION
Policy planning and implementation, inter-institutional relations
Head of Unit
Brussels,
FISMA A2 DZ/db/2387547
Mr Kenneth Haar
Overgaden oven Vandet 12
1415 Copenhagen K
Denmark
By registered letter with
acknowledgement of receipt Advanced copy per e-mail
Subject: Your request for access to documents (our ref. GESTDEM: 2019/7381)
Dear Mr Haar,
Thank you for your e-mail dated 20 December 2019, in which you make a request for
access to documents, registered under the above mentioned reference number.
Your request is as follows:
“Under the right of access to documents in the EU treaties, as developed
in Regulation 1049/2001, I am requesting documents which contain the
following:
-
A list of meetings between representatives for the Association for Financial Markets in
Europe (AFME) AND Commissioner Valdis Dombrovskis and his cabinet as well as DG
FISMA.
-
Minutes of meetings between representatives for AFME AND Commissioner Valdis
Dombrovskis and his cabinet as well as DG FISMA.
-
Any written communication, including emails, between representatives for AFME AND
Commissioner Valdis Dombrovskis and his cabinet as well as DG FISMA.
In all cases, the request covers the period 1 January 2019 till 20 December 2019”.
On 27 February 2020, you received a first answer (Ares 1329255) with a list of the
meetings and the minutes of meetings.
As regards communications, 20 relevant documents have been identified that I am
enclosing
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: SPA2 09/044 ‐ Tel. direct line +32 229 66943
Having examined the documents requested under the provisions of Regulation (EC)
No 1049/2001 regarding public access to documents, I have come to the conclusion that
they may be only partially disclosed as they contain personal data, in particular names
and contact details. Therefore, some parts of the documents have been blanked out and
their disclosure is prevented by exception to the right of access laid down in Article 4 of
this Regulation, for data protection reasons.
Personal data can only be transmitted under specific exceptional conditions, including if
‘the recipient establishes that it is necessary to have the data transmitted for a specific
purpose in the public interest. According to Article 9(1)(b) of Regulation 2018/1725, the
European Commission also only has to examine the further conditions for a lawful
processing of personal data 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.
Notwithstanding the above, please note that there are reasons to assume that the
legitimate interests of the data subjects concerned would be prejudiced by disclosure of
the personal data reflected in the documents.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation 1049/2001,
access cannot be granted to the personal data, 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.
Should you 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, you are entitled, in accordance with Article 7(2) of
Regulation 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 Bruxelles, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(E-signed)
Dorota Kalina ZALIWSKA
Enclosures: List of meetings and 20 documents.
Electronically signed on 30/04/2020 15:48 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
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