EUROPEAN COMMISSION
JOINT RESEARCH CENTRE
The Director-General
Brussels
JRC/SQ/ARES(2021)
Sent via e-mail only to1
Ms Christiana Maria Mauro
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Ms Mauro,
Subject:
Your application for access to documents – Ref. GestDem No 2021/2369
I refer to your application dated 14 April 2021 registered on 15 April 2021 under the above-
mentioned reference number.
Your request concerns
“documents which contain the following information: the names of the
authors of the recently published draft "Technical assessment of nuclear energy with respect to the
‘do no significant harm’ criteria of Regulation (EU) 2020/852 (‘Taxonomy Regulation’)”.
Your application concerns the following document:
ARES(2021)3535864 - JRC124193-Pubsy Registered Output Details
With regard to this document, a complete disclosure of the identified document 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 it contains the following personal data:
-
the names/other identification of Commission staff members not pertaining to the senior
management.
1 According to standard operational procedure, the reply is usually also sent to you by registered post.
Please note, however, that due to the extraordinary health and security measures currently in force
during to the COVID-19 epidemics, which includes the requirement for all Commission non-critical
staff to telework, we are unfortunately not in a position to follow this procedure until further notice. We
would therefore appreciate if you could confirm receipt of the present e-mail.
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11
Office: CDMA 06/162 – Tel. direct line +32 229 65897
xxxxxxx.xxxxx@xx.xxxxxx.xx
Article 9(1)(b) of the Data Protection Regulation2 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 put forward sufficient arguments to establish the necessity to have the
data transmitted for a specific purpose in the public interest.
In addition, due to the nature of the report, I consider that there is a real risk of attempts to directly
contact the authors of the report and/or that they would be exposed to undue pressure, which might
be prejudicial both to their legitimate interests and to the still ongoing independent review process.
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 document, 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.
For your information, the report you are mentioning in your request is currently under review by
Member States’ experts on radiation protection and radioactive waste management appointed by the
Scientific and Technical Committee referred to in the Euratom Treaty Article 31, and by experts on
environmental impacts of the Scientific Committee on Health, Environmental and Emerging Risks
(SCHEER).
Both groups of experts will provide to the Commission their opinions on the report by end of June.
The JRC will then publish it according to its practice related to scientific reports once this review
process is ended, either this summer or this autumn.
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
Transparency, Document Management and Access to Documents (SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Qualified electronic signature by:
STEPHEN PAUL JAMES QUEST
E-signed
Date: 2021-05-31 18:03:29 +02:00
Stephen QUEST
Annex: Ref. ARES(2021)3535864 - JRC124193-Pubsy Registered Output Details_Redacted
2 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