Ref. Ares(2021)6392614 - 19/10/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR TRADE
Directorate D – The Americas, Agriculture and Food Safety
Latin America
The Head of Unit
Brussels,
TRADE D.2 (2021) 6963168
Ms Audrey Changoe
Friends of the Earth Europe
26 rue d'Edimbourg
1050 Brussels
By email only:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – GestDem 2021/5780
Dear Ms Changoe,
I refer to your e-mail dated 27 September 2021 in which you make a request for access to
documents in accordance with Regulation (EC) No 1049/20011 (’Regulation
1049/2001’), registered on 29 September 2021 under the above mentioned reference
number.
1. SCOPE OF YOUR REQUEST
In your application, you request access to:
‘All documents - including but not limited to minutes, (hand-written) notes, audio
recordings, verbatim reports, operational conclusions, lines to take, e-mails and
presentations, as well as correspondence (i.e. any emails, correspondence, telephone call
notes, and/or text messages including WhatsApp exchanges) - related to the meeting
between the European Centre for International Political Economy and Trade officials on
15-06-2021 re. the EU Mercosur Trade Deal.’
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 20 May 2001
regarding public access to European Parliament, Council and Commission documents, Official Journal
OJ L 145, 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
2. ASSESSMENT AND CONCLUSIONS UNDER REGULATION 1049/2001
With regard to this scope, we have identified
1 document which is enclosed as annex to
this reply. The document is a report of the meeting between the European Centre for
International Political and Economy and Trade officials held on 15-06-2021,
Ares(2021)3926511.
I am pleased to inform you that nearly full access is given to the requested document
where only personal data have been withheld.
With regard to the document referred to above, a complete disclosure of the identified
documents is prevented by the exception concerning the protection of privacy and the
integrity of the individual outlined in Article 4(1)(b) of Regulation 1049/2001, because it
contains 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.
Pursuant to Article 4(1)(b) of Regulation 1049/2001, the Commission has to refuse
access to a document where 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’.
Article 9(1)(b) of the Data Protection Regulation(EU) 2018/17252 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 any 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 1049/2001, access cannot be granted to the
personal data in question, 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.
3. POSSIBILITY OF CONFIRMATORY APPLICATION
In case you would disagree with this position, you are entitled, in accordance with
Article 7(2) of Regulation 1049/2001, you are entitled 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:
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 (‘Regulation 2018/1725’), OJ L 205 of 21.11.2018, p. 39.
2
European Commission
Secretariat-General
‘Transparency, Document Management & Access to Documents’ (Unit SG C.1)
Rue de la Loi 200/Wetstraat 200
BERL 7/76
1049 Brussels
Belgium,
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
Paolo GARZOTTI
Enclosure:
Disclosed document related to GestDem 2021/5780 – Report of the meeting
between the European Centre for International Political and Economy and
Trade officials held on 15-06-2021, Ares(2021) 3926511
(redacted).
3
Electronically signed on 18/10/2021 22:19 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
