This is an HTML version of an attachment to the Freedom of Information request 'Memos, guidance and guidelines on record creation DG AGRI'.



Ref. Ares(2015)1280013 - 24/03/2015
Ref. Ares(2016)5721834 - 03/10/2016
NEGATIVE REPLY – BASIC MODEL 
 
Access denied to all documents requested – No third party documents 
 
 By registered letter with acknowledgment of receipt 
 
Address 
XX 
XX 
 
Advance copy by email : XXXXX 
 
 
Dear Sir / Madam, 
Subject: 
Your application for access to documents – Ref GestDem No 201Y/XXXX 
We refer to your letter / e-mail / fax dated dd/mm/yyyy in which you make a request for access to 
documents, registered on dd/mm/yyyy under the above mentioned reference number. 
Your application concerns the following document/documents: 
Describe the document requested or provide a list of relevant documents. If the application covers a 
large number of documents, the list can be put in an annex. [If the document(s) requested do(es) not 
exist, the request is devoid of purpose and thus no further reasoning is then required]. 

 
Having examined the document/documents requested under the provisions of Regulation (EC) No 
1049/2001 regarding public access to documents, I regret to inform you that your application cannot be 
granted, as disclosure is prevented by exception/exceptions to the right of access laid down in Article 4 
of this Regulation. 
The document/documents which you seek to obtain… 
Describe the type of information contained in the document/s without revealing its/their actual content. 
Examples: 
•  contains commercially sensitive business information of the company that submitted it; 
•  relates to an ongoing investigation regarding a possible infringement of EU law (give the 
infringement case number)
•  relates to an ongoing audit concerning (describe the matter)
•  relates to a decision which has not yet been taken by the Commission; 
 

 
 
 
Disclosure of the document/documents requested would undermine the protection of 
Mention the applicable exception and describe how disclosure would affect the interest protected under 
this exception. 

Examples: 
•  the commercial interests of the company that submitted it, as putting this information in the 
public domain would affect its competitive position on the market. Therefore the exception laid 
down in Article 4(2) first indent of Regulation (EC) No 1049/2001 applies to this document. 
•  the purpose of the ongoing investigation; indeed, disclosure of the document at this point in 
time would affect the climate of mutual trust between the authorities of the Member State and 
the Commission, which is required to enable them to resolve the case without having to refer it 
to the Court of Justice. Therefore the exception laid down in Article 4(2) third indent of 
Regulation (EC) No 1049/2001 applies to this document.; 
•  the purpose of the ongoing audit, as it would put in the public domain preliminary findings 
which have not yet been confirmed and which may be rebutted by the persons/entities being 
audited; disclosure at this point in time would unduly interfere with the contradictory procedure 
and may undermine the rights of the persons/entities concerned.; Therefore the exception laid 
down in Article 4(2) third indent of Regulation (EC) No 1049/2001 applies to this document. 
•  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 Regulation (EC) No 
1049/2001 applies to this document.  
 
We have considered whether partial access could be granted to the document/documents requested.  
Explain why it is not possible to grant access to an expunged version of the document/s. 
They may be entirely covered by the exceptions or the remaining parts after expunging the confidential 
information might be meaningless or illegible.  

 
The exceptions laid down in Article 4(2) and 4(3) of Regulation 1049/2001 apply unless there is an 
overriding public interest in disclosure of the document/documents.  
Explain why the public interest in making the content of the document/s public does not outweigh the 
harm disclosure would cause to the interest/s protected by the invoked exception/s.  

This section should not be included when exceptions under Article 4(1) are invoked. 
 
 
 
 
 
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In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make 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 Secretary-General of the Commission at the following address: 
European Commission 
Secretary-General 
Transparency unit SG-B-4 
BERL 5/327 
B-1049 Bruxelles 
or by email to: xxxxxxxxxx@xx.xxxxxx.xx 
 
Yours faithfully, 
 
 
XXXXXXXXXX 
Director-General 
 
 
 
 
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