Ref. Ares(2021)5033045 - 10/08/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
Unit 01: Communication and strategic planning
Brussels,
JUST.01/AB/Ares(2021)5623071
Ms Rachel COX
Global Witness
Rue Belliard 53
1000 Brussels
Belgium
By e-mail:
ask+request-9829-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2021/2972
Dear Ms COX,
We refer to your e-mail of 26 April 2021 in which you make a request for access to
documents, registered on 27 April 2021 under the above mentioned reference number.
You request access to:
“
All documents—including but not limited to correspondence, emails, minutes, notes
(hand written or electronic), meeting conclusions, audio or video recordings, verbatim
reports, operational conclusions, lines to take, briefings, and presentations—related to
the meeting on 24th March 2021 between Lucrezia Busa and Wilmar Europe Trading
BV”.
Your application concerns the following documents:
1. Email “Wilmar - written feedback on Sustainable Corporate Governance” with
attachment “Wilmar Position Paper Corporate Due Diligence 03.2021” (reference
number Ares(2021)4963722);
2. Report of the meeting between Ms Lucrezia Busa and Wilmar on 24 March 2021
(reference number Ares(2021)4961414).
With regard to the 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:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË
- 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.
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 the document (reference number Ares(2021)4963722) 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 report (reference number Ares(2021)4961414) was drawn up for internal use under
the responsibility of the relevant service of the Directorate-General for Justice and
Consumer. It solely reflects the service’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 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 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
According to standard operational procedure, the reply to a request for access to documents
is usually sent by registered post. Please note, however, that due to the extraordinary health
and security measures currently in force during the COVID-19 pandemic, which include the
requirement for all Commission non-critical staff to telework, we are unfortunately not in a
position to follow this procedure until further notice.
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We would therefore appreciate if you could confirm receipt of the present e-mail by
replying to
xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx. Yours faithfully,
Giles GOODALL
Head of Unit
(e-signed)
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Electronically signed on 09/08/2021 15:46 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482