Ref. Ares(2018)1622404 - 23/03/2018
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR RESEARCH & INNOVATION
Directorate J - Common Support Centre
J.1 - Common Legal support service
Head of Unit
Brussels,
RS/JVC/MV
rtd.ddg3.j.1(2018)1767546
By registered letter with acknowledgment
of receipt Margarida Da Silva
Corporate Europe Observatory
Rue d'Edimbourg 26
Brussels 1050
Belgium
Advance copy by e-mail:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – GestDem Ref No 2018/1180
Dear Ms Da Silva,
We refer to your letter dated 26/02/2018 in which you submitted, within the framework
of Regulation (EC) 1049/20011, an application for access to documents.
You requested access to the following documents:
‘all exchanges since May 2016 between Commissioner Moedas, his office and his
Cabinet, with the following organisations and their representatives:
Lord Jonathan Hill
Freshfields Bruckhaus Deringer LLP
London Stock Exchange Group
QVC Inc
Lloyd’s of London
Futures Industry Association, Inc
Canada Pension Plan Investment Board
Kroll Bond Rating Agency Inc
Specifically, I would like to request any emails, correspondence, meeting notes or
telephone call notes’.
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 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
Office: ORBN 10/252 - Tel. direct line +32 229-93750
Email
: xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
We have identified 3 documents falling under the scope of your request (hereinafter the
'requested documents'), namely:
- Letter from London Stock Exchange Group to Commissioner Moedas
- briefing of the ‘1000 Companies to Inspire Europe’ Report, annexed to the above-
mentioned letter
- cover page of the ‘1000 Companies to Inspire Europe’ Report
We are pleased to inform you that partial access can be granted to all the requested
documents. We have expunged information which disclosure is prevented by Article
4(1)(b) of Regulation (EC) No 1049/2001, namely the protection of privacy and the
integrity of the individual.
The requested documents contain personal data such as handwritten signature, names,
surnames, photographs. This information clearly constitutes personal data in the meaning
of Article 2(a) of Regulation (EC) 45/20012.
According to Article 8(b) of Regulation (EC) 45/2001, personal data shall only be
transferred to a recipient in the EU/EEA if the recipient establishes the necessity of
having the data transferred and if there is no reason to assume that the data subject's
legitimate interests might be prejudiced. Those two conditions are cumulative. In the
present case, you have not put forward any arguments to substantiate a need to obtain
these personal data. Furthermore, it cannot be assumed that such disclosure would not
prejudice the legitimate rights of the persons concerned.
Therefore, personal data have been withheld from the requested documents, except the
the name of individuals forming part of senior management staff of the Commission,
names of MEPs, and the name of the main representative of the third party, in conformity
with the Commission usual practice.
Please note that these documents were received by the Commission from the London
Stock Exchange Group. They are disclosed for information only and cannot be re-used
without the agreement of the originator, who holds a copyright on them. They do not
reflect the position of the Commission and cannot be quoted as such.
In accordance with Article 7(2) of Regulation (EC) 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:
2 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 institutions and bodies of the
Community and on the free movement of such data (OJ L 8, 12.01.2001, p.1), hereinafter referred to as
‘Regulation (EC) 45/2001’.
2
European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/282
B-1049 Brussels
or by emai
l to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
[Electronic signature]
Reinhard Schulte
Enclosure: requested documents
3
Electronically signed on 23/03/2018 11:37 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563