Ref. Ares(2021)7244953 - 24/11/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
The Director-General
Brussels,
ENV.B.3
Ms Julia Hurley
Sensengasse 2b/5001B
Vienna 1090
AUSTRIA
Reply sent by e-mail (with request for
acknowledgement of receipt):
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Ms. Hurley,
Subject: Your application for access to documents: Ref GestDem No 2021/4887
We refer to your request for access to documents dated 04/08/2021 and registered under
the above-mentioned reference number.
You requested access to the following:
“The proceedings of the online public
consultation "Reducing marine litter: action on single-use plastics and fishing gear" from
15 December 2017 to 12 February 2018….”
In that regard, your application concerns the following document/documents:
The responses table to a questionnaire of the public consultation concerning Single Use
Plastic Directive.
With regard to this document, a complete disclosure of the identified document 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 details of other natural persons
- the names of the companies that requested to stay anonymous
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
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BU-5 04/007 - Tel. direct line +32 229-64968
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.
In your access to documents request you further specify: “… including the summary as
well as the replies submitted by the following: UNESDA; FoodDrinkEurope;
EUROPEN; European Food & Drinks Council; The Coca-Cola Company; Coca-Cola
Europacific Partners (formerly Coca-Cola European Partners); Coca-Cola Hellenic;
AIJN; The Haga Initiative; PET user alliance; Sustainable Agriculture Initiative;
Sustainability Consortium; Beverage Industry Environmental Rountable (BIER)”.
We regret to inform you that further to the above, the Directorate-General for
Environment does not hold any documents that would correspond to the description
given in your application. As specified in Article 2(3) of Regulation (EC) No 1049/2001,
the right of access as defined in that regulation applies only to existing documents in the
possession of the institution.
Given that further summaries and replies as described in your application are not held by
the Directorate-General for Environment, the Directorate-General is not in a position to
fulfil your request in that regard under the provisions of Regulation (EC) No 1049/2001.
Please note that the replies of all companies that answered the questionnaire are listed in
the table attached to this letter.
In accordance with Article 7(2) of Regulation (EC) No 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 Secretariat-General of the Commission at the following
address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Brussels
or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
e-signed
Florika FINK‑HOOIJER
2
Electronically signed on 24/11/2021 17:33 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482