Ref. Ares(2020)7408589 - 07/12/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
Director-General
Brussels,
GROW C4/SPR/cds(2020)
Ms Lora Verheecke
9 rue du Bronze
1070 Bruxelles
By email only:
ask+request-8800-
xxxxxxxx@xxxxxxxx.xxx
Subject: Request for access to documents – GestDem No. 2020/7150
Dear Ms Verheecke,
Thank you for your e-mail of 20 November 2020, registered at the Directorate-General
for Internal Market, Industry, Entrepreneurship and SMEs of the European Commission
on 23 November 2020, and requesting access to documents under Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and Commission
documents (OJ L145, 31 May 2001, page 43 and following).
1.
SCOPE OF YOUR REQUEST
Your e-mail requested access to documents as follows:
“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 Thierry Breton and ACEA and CLEPA on 13th May 2020."
2.
DESCRIPTION OF DOCUMENTS IDENTIFIED
We have identified two documents that match the scope of your request. They are the
following:
Document 1: Ares(2020)3732250 - Briefing for the meeting
Document 2: Ares(2020)3317578 - Operational conclusions of the meeting
3.
PARTIAL DISCLOSURE OF TWO DOCUMENTS
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 partially disclosed.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË
Document 1 contains descriptions of preliminary views and policy options under
consideration and not finalized. Regulation (EC) No 1049/2001, Article 4(3) first
subparagraph:
Access to a document, drawn up by an institution for internal use or
received by an institution, which relates to a matter where the decision has not been
taken by the institution, shall be refused if disclosure of the document would seriously
undermine the institution's decision-making process, unless there is an overriding public
interest in disclosure. Disclosure of parts of this document would seriously undermine
the decision-making process of the Commission, as it would reveal preliminary views
and policy options which are currently under consideration; the Commission's services
must be free to explore all possible options in preparation of a decision free from external
pressure. Therefore, the exception laid down in Article 4(3) first subparagraph of applies
to parts of this document.
Documents 2 contains commercially sensitive business information of the companies
involved. Regulation (EC) No 1049/2001, Article 4(2) first indent:
The 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.
Disclosure of parts of this document would undermine the protection of the commercial
interests of the companies, as putting this information in the public domain would affect
their competitive position on the market. Therefore, the exception laid down in Article
4(2) first indent applies to parts of this document.
The two documents originate from the European Commission. You may reuse the
documents free of charge 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
documents. Please note that the Commission does not assume liability stemming from the
reuse.
4.
PROTECTION OF PERSONAL DATA
Some parts of the documents have been blanked out as their disclosure is prevented by
exception concerning the protection of privacy and the integrity of the individual outlined
in Article 4(1)(b) of Regulation (EC) No 1049/2001.
The documents 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 Regulation1 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
1 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/EC, OJ L 295, 21.11.2018, p. 39.
2
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
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.
5.
MEANS OF REDRESS
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review its 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
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles,
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
(e-signed)
Kerstin Jorna
Director-General
Annexes: 2 documents
3
Electronically signed on 07/12/2020 17:53 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline