Ref. Ares(2016)6152435 - 27/10/2016
EUROPEAN COMMISSION
Secretariat-General
Directorate D - Policy Co-ordination I
SG.D.3 - Resource Efficiency
Head of Unit
Brussels, 27 October 2016
sg.dsg1.d3/PG/ke (2016)6725477
Ms. Belen Balanya
Corporate Europe Observatory (CEO)
email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – Ref. GestDem No 2016/5577
Dear Madam,
We refer to your e-mail dated 06/10/2016 in which you make a request for access to
documents, registered on the following day under the above mentioned reference
number.
Your applications concerned access to correspondence (including e-mail) between
President Juncker, Vice President Timmermans and/or members of their cabinets with a
number of stakeholders since 29 June 2016, in which the issue of the review of the EU
Emissions Trading System Directive was addressed. You can find the requested
correspondence enclosed.
The document, to which you have requested access, contains personal data. Pursuant to
Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has to be
refused if its disclosure would undermine the protection of privacy and the integrity of
the individual, in particular in accordance with Community legislation regarding the
protection of personal data. The applicable legislation in this field is Regulation (EC) No
45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement of such data1.
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable2. According to Article 8(b) of this Regulation, personal
data shall only be transferred to recipients if they establish the necessity of having the
data transferred to them and if there is no reason to assume that the legitimate rights of
the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and/or that it cannot be
1 OJ L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BERL 6/248 - Tel. direct line +32 229-62430
http://ec.europa.eu/dgs/secretariat_general/
xxxxx.xxxxxxx@xx.xxxxxx.xx
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned. Therefore, we are disclosing the document requested expunged from this
personal data.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal
data protection, you are entitled, in accordance with Article 7(2) of Regulation
1049/2001, 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 emai
l to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Peter Handley
Enclosures:
Copy of the open letter from the European Steel Association EUROFER to Heads of
State and Government ahead of the European Council meeting (20-21/10/2016): Market
Economy Status of China, EU Trade Defence, Emissions Trading System
2
Electronically signed on 27/10/2016 12:03 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563