Ref. Ares(2020)658505 - 03/02/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
Directorate I. Legal, institutional and procedural matters
I.3. Enforcement of legislation, Relations with the European Ombudsman and Access to documents
Head of Unit
Brussels,
AGRI.DDG3.I.3/KVK/VA D(2020)684355
Olivier Hoedeman
CEO Rue d'Edimbourg 26
1050 Brussels
By registered letter with acknowledgment of
receipt
Advance copy by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2020/
Dear Madam,
We refer to your e-mails dated 03/01/2020 in which you make a request for access to
documents, registered on 03/01/2020 under the above-mentioned reference numbers.
Your request access to:
- all reports (and other notes) from meetings between the European Commission and
representatives of the tobacco industry (producers, distributors, importers etc, as well as
organisations and individuals that are funded by and/or work to further the interests of
the tobacco industry), during 2019.
- all correspondence (including emails) between the European Commission and
representatives of the tobacco industry (producers, distributors, importers etc. as well as
organisations and individuals that are funded by and/or work to further the interests of
the tobacco industry), during 2019.
- a list of all the above-mentioned documents (including dates, names of
participants/senders/recipients and their affiliation, subject of meeting/correspondence).
Please note that due to the wide scope of your request, covering also areas falling under the
responsibility of other Directorates-General, parts of your request have been attributed to
other Directorates-General1. This reply relates only to the documents held by DG AGRI.
You received or will receive the replies from the other respective Directorates-General in
due course.
We identified 3 documents and we enclose a list as well as a copy of the documents.
DG SANTE GESTDEM 2019/7290, DG GROW GESTDEM 2019/7292, SG.D3 GESTDEM 2019/7295,
DG TAXUD GESTDEM 2019/7296, DG TRADE GESTDEM 2019/7297, DG COMP GESTDEM
2019/7298, DG ECFIN GESTDEM 2019/7299
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
You may reuse the documents of the European Commission free of charge for non-
commercial and commercial purposes provided that the source is acknowledged, that you
do not distort the original meaning or message of the document. Please note that the
Commission does not assume liability stemming from the reuse.
Please note that the document No 1 was received by the Commission from a third party. It is
disclosed for information only and cannot be re-used without the agreement of the
originator, who holds a copyright on it. It does not reflect the position of the Commission
and cannot be quoted as such.
With regard to all the documents, a complete disclosure of them is prevented by the
exception concerning the protection of privacy and the integrity of the individual outlined in
Article 4(1)(b) of Regulation (EC) No 1049/2001, because they contain the following
personal data:
-
the names/initials and contact information of Commission staff members not
pertaining to the senior management;
-
the names/initials and contact details of other natural persons;
-
handwritten greeting and signatures of natural persons;
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you
for a specific purpose in the public interest and where there is no reason to assume that
the legitimate interests of the data subject might be prejudiced. In your request, you do not
express any particular interest to have access to these personal data nor do you put forward
any arguments to establish the necessity to have the data transmitted for a specific purpose
in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has not
been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data concerned.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit 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 Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Karl von Kempis
e-signed
Encl.: 3 documents + 1 list
2
Electronically signed on 03/02/2020 12:10 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563