Ref. Ares(2021)5475527 - 06/09/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY
Resource management and better regulation
Better regulation
Brussels
SANTE.A.1
Ms COX Rachel
Global Witness
Rue Belliard 53, 1000
Belgium
By email only:
a
sk request-9831-
xxxxxxxx@xxxxxxxx.xxx
Dear Madam,
Subject: Your application for access to documents - Ref GestDem No 2021/4869
We refer to your request of 4 August 2021 in which you make a request for access to
documents registered on the same date under the above-mentioned reference number.
We also refer to our letter of 25 August 2021 extending the time limit to respond to your
request according to Article 7(3) of Regulation (EC) No 1049/2001.
1. Scope of your request
In your application, you ask on the basis of Regulation (EC) No 1049/20011 access to:
All documents—including but not limited to correspondence, emails, minutes, notes
(hand written or electronic), audio or video recordings, verbatim reports, operational
conclusions, lines to take, briefings, and presentations—related to the meeting on
2021-05-27 between Karolina Herbout-Borczak and Panayiotis Pourgourides and
BEL.
2. Assessment of the documents
We have identified 6 documents that fall within the scope of your request.
You will find attached a table listing the identified documents and summarising the outcome
of the assessment carried out on the basis of Regulation (EC) No 1049/2001.
1 Regulation (EC) No 1049/2001 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
Having examined the documents under the provisions of Regulation (EC) No 1049/2001 we
have come to following conclusion:
full access can be granted to document No 1bis;
partial access can be granted to the documents No 1, 2, 3, 4 and 5 as their full
disclosure is prevented by one of the exceptions to the right of access laid down in
Article 4 of Regulation (EC) No 1049/2001.
We enclose a copy of the documents 1bis and of the document No 1, 2, 3,4 and 5, redacted of
the parts which cannot be disclosed as further explained below.
You may reuse public documents, which have been produced by the European Commission
or by public and private entities on its behalf based on the
Commission Decision on the
reuse of Commission documents. You may reuse the documents disclosed free of charge
and for non-commercial and commercial purposes provided that the source is acknowledged
and that you do not distort the original meaning or message of the documents. Please note
that the Commission does not assume liability stemming from the reuse.
Document No 2 was drawn up for internal use under the responsibility of the relevant
services of the Directorate-General for Health and Food Safety. It solely reflects the
services’interpretation of the interventions made and does not set out any official position of
the third parties to which the document refers, which was not consulted on its content. It
does not reflect the position of the Commission and cannot be quoted as such.
Please note that documents originating from third parties (document No 1, No 1bis, No 5)
are disclosed to you based on Regulation (EC) No 1049/2001. However, this disclosure is
without prejudice to the rules on intellectual property, which may limit your right to
reproduce or exploit the released documents without the agreement of the originator, who
may hold an intellectual property right on them. The European Commission does not
assume any responsibility from their reuse.
3. Protection of personal data
Protection of the privacy and integrity of the individual, in particular in accordance with
Community legislation regarding the protection of personal data - Article 4(1)(b) of
Regulation (EC) No 1049/2001.
With regard to the documents No 1, 2, 3, 4 and 5 , a complete disclosure 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 signatures/abbreviated signatures of natural persons;
-
other information relating to an identified or identifiable natural person including
their job titles.
2
Article 9(1)(b) of the Data Protection Regulation2 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, we 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.
Therefore the above listed documents are disclosed redacted of the parts containing
personal data.
4. Means of redress
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 Secretary-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 Bruxelles,
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully
Carmen GARAU
Enclosure:
List with assessment and disclosed documents
2 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
3
Electronically signed on 06/09/2021 14:35 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482