Ref. Ares(2021)3604085 - 01/06/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director-General
Brussels
GROW.B.1/MS
Ms Rachel Cox
Global Witness
Rue du Commerce 31
1000 Brussels
Belgium
By email to:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2021/3293
Dear Ms Cox,
We refer to your e-mail of 19 May 2021 in which you make a request for access to
documents, registered on 19 May 2021 under the above-mentioned reference number.
1. Scope of your request
You request access to “All documents - including but not limited to correspondence,
emails, minutes (hand written or electronic), notes (hand written or electronic), meeting
conclusions, audio or video recordings, verbatim reports, operational conclusions, lines
to take, briefings, and presentations - related to the meeting on 7th May 2020 between
Gaelle Garnier and Nestlé S.A. (Nestlé (SIX: NESN), Mondelez Europe GmbH (MDLZ),
FoodDrinkEurope (FoodDrinkEurope))”.
2. Identification and assessment of the concerned documents
We have identified 5 documents that fall within the scope of your request.
You will find attached a table listing the identified documents and summarising the
outcome of the assessment carried out on the basis of Regulation (EC) No 1049/2001.
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001, I have come to the conclusion that they may be partially disclosed. Some
parts of the documents have been blanked out as their disclosure is prevented by
exceptions to the right of access laid down in Article 4 of the Regulation. Those
exceptions concern: protection of privacy and the integrity of the individual and
protection of the commercial interests of a legal person.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Please note that the 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.
Please also note that the reports were drawn up for internal use under the responsibility of
the relevant directorate in the Directorate-General for Internal Market, Industry,
Entrepreneurship and SMEs. It solely reflects the service’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.
3. Reasons for partial access
- Protection of personal data
Protection of the privacy and integrity of the individual, in particular in accordance with
Community legislation regarding the protection of personal data - Article 4(1)(b) of
Regulation (EC) No 1049/2001.
A complete disclosure of the identified documents is prevented by the 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 they contain the following personal
data:
- the names/initials and contact information of Commission staff members not
pertaining to the senior management;
- the names/initials and contact details of other natural persons;
- other information relating to an identified or identifiable natural person such as
office and phone numbers.
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you
for a specific purpose in the public interest and where 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, we 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 mentioned above, 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.
Therefore, partial access is granted to the requested documents, expunged of personal
data.
2
- Protection of the commercial interests
In addition, document 1 contains commercially sensitive business information of the
companies involved. Disclosure of parts of this document would undermine the
protection of the commercial interests of the companies, as putting this information in the
public domain would affect their competitive position on the market. Therefore, the
exception laid down in Article 4(2) first indent of Regulation (EC) No 1049/2001 applies
to this document.
4. Means of redress
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 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 (SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Kerstin Jorna
Director-General
Enclosure: 6
3
Electronically signed on 01/06/2021 10:06 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
