Ref. Ares(2017)5894256 - 01/12/2017
EUROPEAN COMMISSION
Directorate-General for Trade
Directorate A - Resources, Information and Policy Coordination
Transparency and Evaluation
The Head of Unit
Brussels,
trade.a.5(2017)6470975
By registered letter with acknowledgment
of receipt
Lora Verheecke
Corporate Europe Observatory
26 Rue d'Edimbourg
1050 Brussels
Belgium
Advance copy by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2017/6161
Dear Ms Verheecke,
I refer to your email of 26 October 2017 in which you make a request for access to
documents under Regulation (EC) No 1049/20011 ("Regulation 1049/2001"), registered
on the same date under the above mentioned reference number.
You request access to
"all communication, including emails, and documents (agenda,
minutes, list of participants, etc) related to the meeting between Christian Burgsmueller,
Maria Asenius and American Chamber of Commerce to the European Union (AmCham
EU) on 17th October 2017".
We have identified the following documents that fall under the scope of your request:
An email inviting Commissioner Malmström to participate in an event of
AmCham EU on 17 October 2017, which includes a letter from the CEO of
AmCham EU in attachment ("
document 1") (Ares(2017)3905930);
A chain of emails between the Cabinet of Commissioner Malmström and
AmCham EU which includes a response to the invitation and the arrangements
for the participation of Maria Åsenius and Christian Burgsmueller to the event
("
document 2") (Ares2017 5715221);
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, OJ L 145,
31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
An email from AmCham EU that includes in attachment a letter from the CEO of
AmCham EU ("
document 3") (Ares(2017)5261816).
Please note that as this was a public event, no internal report was drafted. However, you
can find more information on this event on the website of AmCham EU,2 including
information on the intervention of Ms Asenius and a list of speakers.
I am glad to inform you that access can be granted to the content of the identified
documents. However, some personal data have been withheld in accordance with Article
4(1)(b) of Regulation 1049/2001. The legal reasoning underlying the protection of these
personal data is provided below.
In line with the Commission's commitment to ensure transparency and accountability3,
the names of the members of Cabinet (not occupying administrative positions) are
disclosed. For AmCham EU, the names of the CEO and the Acting Policy Director are
also disclosed. Copies of the accessible documents are enclosed.
***
Article 4(1) (b) of Regulation 1049/2001 provides that
“[t]he institutions shall refuse
access to a document where 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 data4.
Article 2(a) of Regulation 45/2001 provides that
"'personal data' shall mean any
information relating to an identified or identifiable natural person […]". In this respect, the
jurisprudence of the EU Courts has clarified that activities of a professional nature may fall
within the notion of
'private life'"5 and that
"surnames and forenames may be regarded as
personal data"6
, including names of the staff of the institutions7.
2
http://www.amchameu.eu/news/new-era-eu-trade-policy-constructive-dialogue
3 See Commission decisions C(2014) 9051 and C(2014) 9048 of 25 November 2014.
4 OJ L 8, 12.1.2001, p. 1. The Court of Justice has ruled that
"where an application based on Regulation
1049/2001 seeks to obtain access to documents containing personal data" "the provisions of
Regulation 45/2001, of which Articles 8(b) and 18 constitute essential provisions, become applicable
in their entirety" (see judgment in
Guido Strack v Commission, C-127/13 P,
EU:C:2014:2250,
paragraph 101; see also judgment in
Commission v Bavarian Lager, C-28/08 P, EU:C:2010:378,
paragraphs 63 and 64).
5 Judgment in
Rechnungshof v Rundfunk and Others, Joined cases C-465/00, C-138/01 and C-139/01,
EU:C:2003:294, paragraph 73.
6 Judgment in
Commission v Bavarian Lager, C-28/08 P, EU:C:2010:378, paragraph 68.
7 Judgment in
Guido Strack v Commission, C-127/13 P,
EU:C:2014:2250, paragraph 111.
2
In accordance with Article 8(b) of Regulation 45/2001 personal data may be transferred to
recipients if they establish
"the necessity of having the data transferred" and additionally
"if there is no reason to assume that the legitimate interests of the data subjects might be
prejudiced"8
. I consider on the basis of your application, that these conditions have not
been met. Therefore, in order to ensure the protection of the privacy and integrity of the
individuals concerned, the personal data in question cannot be transferred.
***
In case you would disagree with the assessment provided above, 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 5/282
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
[e-signed]
Delphine Sallard
8 The Court of Justice has clarified that
"it is for the person applying for access to establish the necessity of
transferring that data" (C-127/13 P, paragraph 107; see also judgment in C-28/08 P
Commission v Bavarian Lager, EU:C:2010:378, paragraph 77).
3
Electronically signed on 01/12/2017 11:28 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563