Ref. Ares(2022)163127 - 11/01/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
Director-General
Brussels,
JUST.01.002/Ares(2021)8225233
Ms Rachel Cox
By e-mail:
ask+request-9833-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2021/5336
Dear Ms Cox,
We refer to your e-mail of 04/08/2021 in which you make a request for access to
documents, registered on 01/09/2021 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), audio or video recordings, verbatim reports, operational
conclusions, lines to take, briefings, and presentations—related to the meeting on 2021-
06-10
between
Didier
Reynders
and
Bundesvereinigung
der
Deutschen
Arbeitgeberverbände e.V.”
Your application concerns the following document:
- briefing for the meeting.
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 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.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË
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
What is more, we would like to note that pages 3-7 of the briefing were drafted for
internal use for reflections/deliberations/consultations on which a decision has been taken
already but the full disclosure of such documents would seriously undermine the
Commission’s decision-making process in the ongoing interinstitutional discussions on
the Commission’s legislative initiative on sustainable corporate governance. They would
reveal views, policy options and negotiation positions which are currently under
consideration; the Commission's services must be free from external pressure to explore
all possible options in preparation of a decision. Therefore the exception laid down in
Article 4(3) second subparagraph of Regulation (EC) No 1049/2001 applies to these
documents and they cannot be released fully.
This document was drawn up for internal use under the responsibility of the relevant
service of the Directorate-General for Justice and Consumers. 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 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
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.
We would therefore appreciate if you could confirm receipt of the present e-mail by
replying to
xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx. Yours faithfully,
(e-signed)
Anna GALLEGO TORRES
2
Electronically signed on 10/01/2022 12:17 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
