2022 7339 Final Reply.pdf

Ref. Ares(2023)815129 - 03/02/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MOBILITY AND TRANSPORT

Directorate E – Aviation
  E.1 – Aviation Policy
Brussels
MOVE.DDG2.E.1/AC

Mr Barnaby PACE

Global Witness c/o WeWork

Rue de Commerce 31 /

Handelsstraat 31

1000 Brussels

Belgium

ask+request-12352-
xxxxxxxx@xxxxxxxx.xxx

Subject:
Your application for access to documents – EASE 2022/7339
Dear Mr. PACE,
We  refer  to  request  for  access  to  European  Commission  documents  registered  on  20
December 2022 under the above-mentioned reference number.
In  your  application,  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 December 8 between Filip Alexandru Negreanu
Arboreanu and Shell Companies”.
We  have  identified  the  following  document  as  falling  within  the  scope  of  your
application:
-  E-mail  exchange  concerning  the  organization  of  the  meeting  between  Filip
Alexandru Negreanu Arboreanu and Shell Companies (hereafter ‘document 1’).

Having examined the document in question under the provisions of Regulation (EC) No
1049/2001  regarding  public  access  to  documents1  (hereinafter  ‘Regulation  (EC)  No
1049/2001’),  we  have  come  to  the  conclusion  that  the  document  may  be  partially
disclosed.  A  complete  disclosure  of  the  identified  document  is  prevented  by  the

1   Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents, OJ L 145, 31.05.2001, p. 43.

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111

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  it  contains  the  following
personal data:
-  the  names  of  Commission  staff  members  not  pertaining  to  the  senior
management;
-  the names/initials and contact details of other natural persons;
-  other  information  relating  to  identified  or  identifiable  natural  persons,  in
particular references to their functions, to the extent that these would enable their
identification.

Pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a document has
to be refused if its disclosure would undermine the protection of privacy and the integrity
of the individual, in particular in accordance with European Union legislation regarding
the protection of personal data.
The  applicable  legislation  in  this  field  is  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/EC2  (hereinafter  ‘Regulation  2018/1725’,  or  ‘the
Data Protection Regulation’).
In  particular,  Article  3(1)  of  Regulation  2018/1725  provides  that  personal  data  ‘means
any information relating to an identified or identifiable natural person […]’. The Court
of Justice has specified that any information, which by reason of its content, purpose or
effect, is linked to a particular person is to be considered as personal data3.
In its judgment in Case C-28/08 P (Bavarian Lager)4, the Court of Justice ruled that when
a request is made for access to documents containing personal data, the Data Protection
Regulation becomes fully applicable5.
Pursuant to Article 9(1)(b) of Regulation  (EU) No 2018/1725, ‘personal  data shall only
be  transmitted  to  recipients  established  in  the  Union  other  than  Union  institutions  and
bodies if  ‘[t]he recipient establishes that it is necessary to have the data transmitted for a

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, OC L 205 of 21.11.2018, p. 39.
3 Judgment of the Court of Justice of the European Union of 20 December 2017 in Case C-434/16, Peter
Nowak v Data Protection Commissioner, ECLI:EU:C:2017:994, paragraphs 33-35.
4      Judgment of 29 June 2010 in Case C-28/08 P, Commission v Bavarian Lager, ECLI:EU:C:2010:378,
paragraph 63.
5   Whereas this judgment specifically related to Regulation (EC) No 45/2001 of the European Parliament
and of the Council of 18 December 2000 on the protection of individuals with regard to the processing
of personal data by the Community institutions and bodies and on the free movement of such data, the
principles  set  out  therein  are  also  applicable  under  the  new  data  protection  regime  established  by
Regulation 2018/1725.
2

specific  purpose  in  the  public  interest  and  the  controller,  where  there  is  any  reason  to
assume that the data subject’s legitimate interests might be prejudiced, establishes that it
is  proportionate  to  transmit  the  personal  data  for  that  specific  purpose  after  having
demonstrably weighed the various competing interests’.
Only  if  these  conditions  are  fulfilled  and  the  processing  constitutes  lawful  handling  in
accordance with the requirements of Article 5 of Regulation (EU) No 2018/1725, can the
transmission of personal data occur.
According  to  Article  9(1)(b)  of  the  Data  Protection  Regulation,  the  European
Commission  has  to  examine  the  further  conditions  for  a  lawful  processing  of  personal
data only if the first condition is fulfilled, namely if the recipient has established that it is
necessary to  have the data transmitted for a specific purpose in  the public interest.  It  is
only in this case that the European Commission has to examine whether there is a reason
to  assume  that  the  data  subject’s  legitimate  interests  might  be  prejudiced  and,  in  the
affirmative, establish the proportionality of the transmission of the personal data for that
specific purpose after having demonstrably weighed the various competing interests.
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.  Therefore,  the  European
Commission does not have to examine whether there is a reason to assume that the data
subject’s legitimate interests might be prejudiced.
Notwithstanding  the  above,  please  note  that  there  are  reasons  to  assume  that  the
legitimate interests of the data subjects concerned would be prejudiced by disclosure of
the personal data reflected in the documents, as there is a real and non-hypothetical risk
that  such  public  disclosure  would  harm  their  privacy  and  subject  them  to  unsolicited
external contacts.
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 documents  originating from  third parties 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

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  to  the  Secretariat-General  of  the
Commission within 15 working days upon receipt of this letter. You can submit it in one of
the following ways:
-
by asking for a review via your portal6 account (available only for initial requests
submitted via the portal account),

-
by mail:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Brussels

or by email to: xxxxxxxxxx@xx.xxxxxx.xx

Yours faithfully,
Flor DIAZ PULIDO
Head of Unit
Enclosure:
1 E-mail


6  https://www.ec.europa.eu/transparency/documents-request
4
Electronically signed on 03/02/2023 16:59 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121