Ref. Ares(2018)2349006 - 03/05/2018
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
Directorate B - Circular Economy & Green Growth
Unit B1 – Sustainable Production, Products and Consumption
The Head of Unit
By registered letter with acknowledgment of
receipt
Ms Vicky Cann
Corporate Europe Observatory
Rue d'Edimbourg 26
1050 Bruxelles
Advance
copy
by
email
:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Madam,
Subject:
Your application for access to documents – Ref GestDem No
2018/0163, 2018/0165 and 2018/0775
We refer to
- your e-mails dated 19/12/2017 in which you make a request for access to
documents, registered on 09/01/2018 under the reference numbers GestDem No
2018/0163 and 2018/0165;
- your email dated 31/01/2018 in which you make a request for access to
documents, registered on 05/02/2018 under the reference number GestDem No
2018/0775.
Under GestDem No 2018/0163 you request access to “
a list of all lobby meetings held by
DG ENV since December 2015 where the Commission’s proposed Plastics Strategy was
discussed”.
Under GestDem No 2018/0165 you request access to “
the minutes/reports of all lobby
meetings held by DG ENV since December 2015 where the proposed Plastics Strategy was
discussed with one or more of the following organisations: PlasticsEurope, European
Chemical Industry Council (Cefic), Total, Cosmetics Europe, Borealis".
The Secretariat General limited the scope of the period and fixed the starting date
at 26
January 2017.
Please note that a list of all lobby meetings held by DG ENV as requested under Gestdem
No 2018/163 does not exist. However, according to the Commission’s code of good
administrative behavior, we have compiled it based on existing information. You will find it
enclosed in
Annex 1. This document also identifies relevant meetings and minutes falling
under the scope of your request GestDem No 2018/0165 as well as GestDem No
2017/7535.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Under GestDem No 2018/0775 you request access to “
all correspondence (including
letter and emails) and documents (position papers etc.) exchanged between Plastics
Europe and DG Environment which discussed a possible voluntary commitment by
industry, to be included in the Commission’s “European Strategy for Plastics in a
Circular Economy”.
I consider your request to cover documents held up to the date of your initial application,
i.e.
31/01/2018. Your application concerns therefore the 4 documents listed in
Annex 2.
Some of the documents to which you have requested access contain 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.
I 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 assumed that such disclosure
would not prejudice the legitimate rights of the persons concerned. Therefore, I am disclosing a
version of the documents requested in which these personal data have been redacted.
In case you would disagree with the assessment that the redacted data are personal data which can
only be disclosed if such disclosure is legitimate under the applicable rules on the protection of
personal data, 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 5/288
B-1049 Bruxelles or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Hugo-Maria SCHALLY
1 Official Journal 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.
2
Electronically signed on 03/05/2018 10:39 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563