Ref. Ares(2021)6933462 - 11/11/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR TRADE
The Director-General
Brussels,
TRADE/SW/D2 (2021) 6595825
Ms Audrey Changoe
Friends of the Earth Europe
26 rue d'Edimbourg
1050 Brussels
by email only:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your applications for access to documents – GestDem 2021/5624 and
GestDem 2021/5607
Dear Ms Changoe,
I refer to your e-mails dated 15 and 17 September 2021 in which you make two separate
requests for access to documents in accordance with Regulation (EC) No 1049/20011
(’Regulation 1049/2001’), both registered on 17 September 2021 under the above
mentioned reference numbers. This is a reply responding to both requests.
1.
SCOPE OF YOUR REQUESTS
In your applications, you request access to documents as follows:
Request 2021/5624
A list of meetings held between [X2] and Civil Society Organisations on issues
related to the EU Mercosur Free Trade Agreement from beginning January 2018
until end of September 2020.
A list of meetings held between [X3] and representatives of companies and business
associations on issues related to the EU Mercosur Free Trade Agreement from
beginning January 2018 until end of September 2020.
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.
2 In your application, you refer to an identified individual (a staff member of the European Commission
not occupying any senior management position). The name of that individual has been replaced by ‘X’
in the present reply.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: CHAR 07/067 – Tel. direct line: +32 229 60143
xxxxxx.xxxxxx@xx.xxxxxx.xx
Request 2021/5607
A list of meetings held between [Y4] and Civil Society Organisations on issues
related to the EU Mercosur Free Trade Agreement from 2020 and 2021.
A list of meetings held between [Y5] and representatives of companies and business
associations on issues related to the EU Mercosur Free Trade Agreement from 2020
and 2021.
2.
ASSESSMENT AND CONCLUSIONS UNDER REGULATION 1049/2001
I regret to inform you that unfortunately we are not in a position to handle your
applications. Any correspondence, including email correspondence and the further types
of correspondence and documents listed in your application (notably list of meetings) in
relation to individual staff members of the European Commission who are not part of
senior management – like the one referred to in your application – is subject to and
protected by privacy rules.
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’.
Your applications concern a specific category of documents, namely in relation to
specifically and precisely described type of meetings of the before mentioned individual
staff members who are not part of Commission senior management staff. As such
documents originate from, were sent to, or concern in a specific context a specifically
identified natural person, the content thereof constitutes – either directly, or indirectly
from the specific context – personal data within the meaning of Regulation 2018/17256.
According to the definition provided for in Article 3 point 1 of Regulation 2018/1725,
personal data
is ‘any information relating to an identified or identifiable natural person
[…]’. Indeed, the type of documents requested by you would reveal information about
the exchanges engaged in by the individuals concerned and any other related activities by
3 In your application, you refer to an identified individual (a staff member of the European Commission
not occupying any senior management position). The name of that individual has been replaced by ‘X’
in the present reply.
4 In your application, you refer to an identified individual (a staff member of the European Commission
not occupying any senior management position). The name of that individual has been replaced by ‘Y’
in the present reply.
5 In your application, you refer to an identified individual (a staff member of the European Commission
not occupying any senior management position). The name of that individual has been replaced by ‘Y’
in the present reply.
6 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 (‘Regulation 2018/1725’), OJ L 295, 21.11.2018, p. 39.
2
the before mentioned individuals with regard to the specific type of meetings described in
your application, and would therefore qualify as ‘personal data’.
3.
POSSIBILITY OF A CONFIRMATORY APPLICATION
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled 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 Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
‘Transparency, Document Management & Access to Documents’ (unit SG.C.1)
BERL 7/076
1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
Sabine WEYAND
3
Electronically signed on 10/11/2021 18:44 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
