Ref. Ares(2015)3700568 - 08/09/2015
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
Directorate R. Management of resources
Director
Brussels,
R/GH/R.6/VA D (2015) 4099111
Subject:
Your application for access to documents – Ref GestDem No 4455/2015
Dear Madam,
We refer to your e-mail dated 19/08/2015 in which you make a request for access to
documents, registered on 20/08/2015 under the above mentioned reference number.
We identified one document of which a copy is enclosed.
You may reuse the document requested free of charge for non-commercial and commercial
purposes provided that the source is acknowledged, that you do not distort the original
meaning or message of the document. Please note that the Commission does not assume
liability stemming from the reuse.
Please note that the document contains personal data. 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 Community legislation regarding the protection of personal data. The
applicable legislation in this field is 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 data1.
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable2. According to Article 8(b) of this Regulation, personal
data shall only be transferred to recipients if they establish the necessity of having the data
transferred to them and if there is no reason to assume that the legitimate rights of the
persons concerned might be prejudiced.
Ms Nina Holland
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
1 OJ L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, not yet reported
European Commission 1049 Brussels, BELGIUM - Tél. +32 22991111
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and that it cannot be assumed
that such disclosure would not prejudice the legitimate rights of the persons concerned.
Therefore, we are disclosing the documents requested expunged from this personal data.
If you wish to receive these personal data, we invite you to provide us with arguments
showing the need for having these personal data transferred to you and the absence of
adverse effects to the legitimate rights of the persons whose personal data should be
disclosed.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal data
protection, you are entitled, in accordance with Article 7(2) of Regulation 1049/2001, 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
Secretary-General
Transparency unit SG-B-5
BERL 5/327
B-1049 Bruxelles
or by email to
: xxxxxxxxxx@xx.xxxxxx.xx
For your information, DG DEVCO and for some aspects DG CLIMA might have more
documents pertaining to these issues
If you wish to make a new request to these two DGs, you can use directly the electronic
form for entering your request:
http://ec.europa.eu/transparency/regdoc/index.cfm?fuseaction=fmb&language=en
Yours faithfully,
Georg
HAEUSLER
Encl.: 1
2
