Ref. Ares(2018)1227256 - 06/03/2018
EUROPEAN COMMISSION
Directorate-General for Trade
Directorate E – Neighbouring Countries, USA & Canada
Unit E2 – Russia, CIS, Ukraine, Western Balkans, EFTA, EEA and Turkey
The Head of Unit
Brussels
trade.dga2.e.2(2018)1288125
By registered letter with acknowledgment
of receipt: Mr Johannes Wetzels
Postdamer Strasse 101
D - 10785 Berlin (Germany)
Advance copy by email:
ask+request-5058-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2018/0385
Dear Mr Wetzels,
I refer to your email of 17 January 2018 in which you make a request for access to
documents under Regulation (EC) No 1049/20011 ("Regulation 1049/2001"), registered
on the 17 January 2018 under the reference number GestDem No 2018/0385.
You request access to:
"
Any study, impact assessment, forecast, paper or other document received from (or
representatives from) EuropaBio, Monsanto, Bayer Crop Science, Syngenta, BASF,
COPA COGECA or Cargill concerning or mentioning negotiations for a EU-Ukraine
Association Agreement between june 2011 and march 2014, and
A list of meetings including detailed minutes and any other reports of such meetings
between DG TRADE's officials (including the Commissioner and his Cabinet members)
and (or representatives from) EuropaBio, Monsanto, Bayer Crop Science, Syngenta,
BASF, COPA COGECA or Cargill concerning or mentioning a EU-Ukraine Association
Agreement between june 2011 and march 2014."
We have identified the following documents that fall under the scope of your request:
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 20 May 2001
regarding public access to European Parliament, Council and Commission documents, OJ L 145,
31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
A letter from BASF SE dated 9 December 2013 to Director-General DG Trade
and Director-General DG Taxud concerning the access to the bio-based raw
materials (Ares(2013)3692635) (“document 1”);
A letter from COPA-COGECA dated 13 March 2014 to Commissioner De Gucht,
concerning the support measures to Ukraine (Ares(2014)704549) (“document 2”).
I am glad to inform you that access can be granted to the content of the identified
documents. However, some personal data have been withheld in accordance with Article
4(1)(b) of Regulation 1049/2001.
Copies of the accessible documents are enclosed.
***
Article 4(1)(b) of Regulation 1049/2001 provides that
“[t]he institutions shall refuse
access to a document where 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 data2.
Article 2(a) of Regulation 45/2001 provides that
"'personal data' shall mean any
information relating to an identified or identifiable natural person […]". In this respect, the
jurisprudence of the EU Courts has clarified that activities of a professional nature may fall
within the notion of
'private life'"3 and that
"surnames and forenames may be regarded as
personal data"4
, including names of the staff of the institutions5.
In accordance with Article 8(b) of Regulation 45/2001 personal data may be transferred to
recipients if they establish
"the necessity of having the data transferred" and additionally
"if there is no reason to assume that the legitimate interests of the data subjects might be
prejudiced"6
. I consider on the basis of your application, that these conditions have not
2 OJ L 8, 12.1.2001, p. 1. The Court of Justice has ruled that
"where an application based on Regulation
1049/2001 seeks to obtain access to documents containing personal data" "the provisions of
Regulation 45/2001, of which Articles 8(b) and 18 constitute essential provisions, become applicable
in their entirety" (see judgment in
Guido Strack v Commission, C-127/13 P,
EU:C:2014:2250,
paragraph 101; see also judgment in
Commission v Bavarian Lager, C-28/08 P, EU:C:2010:378,
paragraphs 63 and 64).
3 Judgment in
Rechnungshof v Rundfunk and Others, Joined cases C-465/00, C-138/01 and C-139/01,
EU:C:2003:294, paragraph 73.
4 Judgment in
Commission v Bavarian Lager, C-28/08 P, EU:C:2010:378, paragraph 68.
5 Judgment in
Guido Strack v Commission, C-127/13 P,
EU:C:2014:2250, paragraph 111.
6 The Court of Justice has clarified that
"it is for the person applying for access to establish the necessity of
transferring that data" (C-127/13 P, paragraph 107; see also judgment in C-28/08 P
Commission v Bavarian Lager, EU:C:2010:378, paragraph 77).
2
been met. Therefore, in order to ensure the protection of the privacy and integrity of the
individuals concerned, the personal data in question cannot be transferred.
***
In case you would disagree with the assessment provided above, 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-4
BERL 5/282
BE-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
[e-signed]
Petros Sourmelis
3
Electronically signed on 06/03/2018 08:52 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
