Ref. Ares(2023)4265410 - 20/06/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS
The Director-General
Brussels
HOME.D.5/PM
Mr Sergi Riudalbàs
By e-mail with acknowledgement of
receipt:
ask+request-12870-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your request for access to documents – EASE 2023/2275
Dear Mr Riudalbàs,
I refer to your request for access to documents, registered on 18 April 2023 under the
above-mentioned reference number.
You request access to all documents, including but not limited to, opinions, reports,
presentations, assessments and analysis issued by the European Commission, including
its Directorate Generals and their working and expert groups, related to Germany's plans
to legalize recreational cannabis, including decriminalization, non-profit cannabis clubs
and scientific projects, as well as all communications, including but not limited to
meetings, minutes of meetings, discussions and written communications, between the
European Commission, including its Directorate Generals and their working and expert
groups, and the government of Germany related to Germany's plans to legalize
recreational cannabis, including decriminalization, non-profit cannabis clubs and
scientific projects, since their first announcement in the ruling coalition agreement in
November 2021 until today.
I assume that your request relates to documents which are up to the date of your initial
application, i.e. 18 April 2023.
I have identified the following documents as covered by your request:
- Email exchange of 31 October and 7 November 2022 on the organisation of a
meeting between me and Minister of State at the Bavarian Ministry of Health and
Care Klaus Holetschek (Ares(2022)7660837), hereinafter ‘document 1’;
- Minutes of the meeting “Meeting with the Bavarian Minister of Health Mr
Holetschek” of 17 November 2022 (Ares(2023)132936), hereinafter ‘document
2’;
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
- Legal opinion shared by the Bavarian Minister of State Klaus Holetscheck
(Ares(2023)1500132), hereinafter ‘document 3a, 3b and 3c’;
- Information on the upcoming publication of a concept paper and request for a
meeting by Dr. Thomas Steffen, State Secretary (Ares(2022)7403719),
hereinafter ‘document 4a’ and ‘document 4b;
- Follow-up letter to the meeting of 14 November 2022 by Dr. Thomas Steffen,
State Secretary (Ares(2022)8242711), hereinafter ‘document 5’;
- Meeting report - Dr Thomas Steffen, State Secretary of the German Federal
Ministry of Health - cannabis (Ares(2023)3260103), hereinafter ‘document 6’;
- Meeting report 18/1/23 - Dr Thomas Steffen, State Secretary of the German
Federal Ministry of Health – cannabis (Ares(2023)2628041), hereinafter
‘document 7’;
- Open letter from Cansativa (Ares(2022)7920572), hereinafter ‘document 8a and
8b’;
- Reply to the Open letter from Cansativa (Ares(2022)7920572), hereinafter
‘document 9’;
- Meeting organisation with Ms Carmen Wegge (Ares(2022)7498533, hereinafter
‘document 10a’;
- Meeting report Carmen Wegge (Ares(2022)7773725), hereinafter ‘document
10b’.
Having examined the above-mentioned documents in accordance with the provisions of
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 (hereinafter: ‘Regulation (EC) No 1049/2001’)1, I have come to the
conclusion that, due to the exception to the protection of privacy and the integrity of the
individual laid down in Article 4(1)(b) of Regulation (EC) No 1049/2001, these cannot
be disclosed in their entirety because they contain the following personal data:
- the names/initials and contact information of Commission staff members not part
of the senior management;
- the names/initials and contact details of other natural persons;
- any other information relating to an identified or identifiable natural person.
According to Article 9(1)(b) of the Data Protection Regulation2, these personal data may
not be transferred unless you demonstrate that the transfer of the data is necessary for a
specific purpose in the public interest and 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
(1) OJ L 145, 31.5.2001, p. 43.
(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 (OJ L 295, 21.11.2018, p. 39).
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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.
Against this background, the attached documents are communicated to you in a redacted
version from which personal data have been removed. Please note that some of these
documents are originating from third parties and disclosed on the basis of Regulation
(EC) No 1049/2001. However, such disclosure, and in particular of document 3c, is
without prejudice to the rules on the protection of intellectual property, according to
which reproduction or exploitation of the released document may require the consent of
the person holding the copyright in the document. The European Commission does not
assume any responsibility from their reuse.
Moreover, documents 2 and 10b were drawn up for internal use under the responsibility
of the relevant service of the Directorate-General for Migration and Home Affairs. It
solely reflects the author'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.
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I have come to the conclusion that
document 2 and 5 may be only partially disclosed. Some parts of the document have been
blanked out as their disclosure is prevented by the exception to the right of access laid down
in the first subparagraph of Article 4(3) of this Regulation.
The redacted part of the documents you requested relates to a decision not yet taken by
the Commission.
The disclosure of the redacted part of the documents would undermine the Commission’s
decision-making process with regard to Germany’s current plans to legalise cannabis by
revealing preliminary views and policy options that are still under consideration. The
Commission services must be able to examine all existing options to prepare a decision
without external pressure. Therefore, the exception laid down in Article 4(3) first
subparagraph of Regulation (EC) No 1049/2001 applies to the redacted part of these
documents.
Moreover, having examined the requested documents 6 and 7 under Regulation (EC) No
1049/2001, I regret to inform you that your request cannot be granted, as disclosure of
the documents concerned cannot be granted due to the exception laid down in Article 4
of that Regulation.
The documents you requested relate to a decision not yet taken by the Commission.
The disclosure of the requested documents would undermine the Commission’s decision-
making process with regard to Germany’s current plans to legalise cannabis by revealing
preliminary views and policy options that are still under consideration. This is
particularly the case as scientific evidence on this issue is expected, which should feed
into the decision-making process. The Commission services must be able to examine all
existing options to prepare a decision without external pressure. Therefore the exception
laid down in Article 4(3) first subparagraph of Regulation (EC) No 1049/2001 applies to
these documents.
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We have considered whether partial access could be granted to the documents requested.
Documents 6 and 7 are fully covered by the exception laid down in the first subparagraph
of Article 4(3) of Regulation (EC) No 1049/2001.
The exceptions laid down in Articles 4(2) and 4(3) of Regulation (EC) No 1049/2001
shall apply unless there is an overriding public interest in disclosure. In this context, it
was examined whether there could be an overriding public interest in disclosure. Such an
interest could not be identified in this regard. Therefore, no partial access to documents 6
and 7 is granted.
In the light of the above, please find attached documents 1–5 and 8a–10b, some of them
in a redacted version.
You may reuse public documents, which have been produced by the European
Commission or by public and private entities on its behalf based on the
Commission
Decision on the reuse of Commission documents. You may reuse the documents
disclosed free of charge and for non-commercial and commercial purposes provided that
the source is acknowledged and that you do not distort the original meaning or message
of the documents. Please note that the Commission does not assume liability stemming
from the reuse.
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 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 EASE portal (3) account (available only for initial
requests submitted via the portal account)
or by mail:
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
Finally, I note that your request has been submitted outside the EASE portal. Therefore,
I would appreciate, if you could
acknowledge receipt of the present letter by sending
an email to xxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx.
Yours faithfully,
(3
) https://www.ec.europa.eu/transparency/documents-request
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Monique PARIAT
Enclosure:
Document 1 - Redacted - Email Austausch
Document 2 - Redacted - Meeting report - Klaus Holetschek
Document 3a - Redacted - Rechtsgutachten zur Cannabislegalisierung
Document 3b - Schreiben von Staatsminister Holetschek
Document 3c - Rechtsgutachten zur Cannabislegalisierung
Document 4a - Redacted - Letter State Secretary Dr Steffen
Document 4b - Letter State Secretary Dr Steffen - Controlled dispensing
of recreational cannabis to adults
Document 5 - Redacted - WG_ Letter State Secretary Dr Steffen -
Controlled dispensing of recreational cannabis to adults
Document 8a - Open letter from Cansativa
Document 8b - Open letter from Cansativa
Document 9 - Reply to the open letter from Cansativa
Document 10a - Redacted - Meeting organisation Carmen Wegge
Document 10b - Redacted - Meeting report Carmen Wegge
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Electronically signed on 20/06/2023 10:35 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121