Ref. Ares(2021)6513527 - 22/10/2021
EUROPEAN COMMISSION
BUDGET
Strategic Coordination and Communication
Brussels
BUDG.03/PS
Mr Barnaby PACE – Global
Witness
53, rue Belliard
B-1000 – Brussels
Sent via e-mail only: ask+request-
xxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2021/5827
Dear Sir,
We refer to your e-mail of 30/09/2021 in which you make a request for access to
documents, registered on 01/10/2021 under the above-mentioned reference number.
You request access to all documents related to the meeting on September 27 between
Johannes Hahn and OMV Aktiengesellschaft.
Your application concerns the following documents:
-
E-mail exchange between OMV and the Cabinet of Commissioner Hahn, about the meeting
arrangements, dated 14/09/2021, our reference: Ares(2021)6112941
-
E-mail from Hahn Cabinet Member Ms Herbolzheimer with feedback from the meeting,
dated 28/09/2021, our reference: Ares(2021)6112991
With regard to the 2 documents
listed above, a complete disclosure of the identified documents 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;
In your application, you indicate that the request is made on behalf of Global Witness. Transfers of
personal data from the Commission to countries that are not members of the European Economic
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
Area (EEA), or to international organisations are regulated under Chapter V of the Data Protection
Regulation1.
According to Article 47(1) of this Regulation, a transfer of personal data to a third country or an
international organisation may take place where the Commission has decided that third country, a
territory or one or more specified sectors within that country, or the international organisation in
question ensures an adequate level of protection and where the personal data are transferred solely to
allow tasks within the competence of the controller to be carried out.
Based on the information available, your international organisation is recognised by the Commission
as ensuring an adequate level of protection. However, we would further like to inform you that
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.
Please note that a document originating from third parties is 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 document without the
agreement of the originator, who may hold an intellectual property right on it. The European
Commission does not assume any responsibility from their reuse.
The second document was drawn up for internal use under the responsibility of the relevant
Members of Commissioner Hahn’s Cabinet. It solely reflects the author's 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.
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:
1 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.
2
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,
Electronically signed
Anna JAROSZ‑FRIIS
Head of Unit
3
Electronically signed on 22/10/2021 11:52 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482