Ref. Ares(2022)4720390 - 28/06/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE and CONSUMERS
Directorate A: Civil and Commercial justice
Unit A.3: Company law
Head of Unit
Brussels,
JUST.A3/cp Ares(2022) 5027159
Ms Laura Döring
1 Long Lane
Borough
London
Sent by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2022/2605
Dear Ms Döring,
We refer to your e-mail of 6 May 2022 in which you make a request for access to documents, registered
on 10 may 2022 under the above mentioned reference number.
You request access to:
“All documentation (including but not limited to all email correspondence, attendance lists, agendas,
background papers, transcripts, recordings and minutes/notes) relating to the meetings listed below:
1. Between BASF and Didier Reynders, Commissioner and Lucrezia Busa, Cabinet member of Didier
Reynders on 08/09/2021.”
Your application concerns the following documents:
1. Ares(2022)4639929_RE rencontre du Cefic avec le Commissaire Reynders 89 1730;
2. Ares(2021)5604108_Report on the meeting between Commissioner Reynders and European
Chemical Industry Council (Cefic) and BASF, 8 September 2021.
With regard to the redacted documents, a complete disclosure 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.
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium.
email:
xxxxxxx@xx.xxxxxx.xx
In your application, you indicate that your address is in the United Kingdom. Transfers of personal data
from the Commission to countries that are not members of the European Economic Area (EEA) are
regulated under Chapter V of the Data Protection Regulation (in footnote: 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).
According to Article 47(1) of this Regulation, a transfer of personal data to a third country may take place
where the Commission has decided that the third country in question ensures an adequate level of
protection and where the personal data are transferred solely to allow tasks within the competence of the
controller to be carried out.
Based on the information available, the country of your residence is recognised by the Commission as
ensuring an adequate level of protection. However, we would further like to inform you that 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, 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 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.
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 document without the agreement of the originator,
who may hold an intellectual property right on it. The European Commission does not assume any
responsibility from their reuse.
As regards meeting minutes or summary records of meetings with external parties, these documents
were drawn up for internal use under the responsibility of the relevant services of the Directorate-
General for Justice and Consumers. They solely reflect
the services’ interpretation of the interventions made and do not set out any official position of the third
parties to which the documents refer, which were not consulted on their content. They do not reflect the
position of the Commission and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article 7(2) of
Regulation (EC) No 1049/2001, to submit a confirmatory application requesting the Commission to review
this position.
2
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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
This reply is sent to you via email only and we would appreciate if you could confirm receipt of the
present e-mail by replying
to xxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
Maija LAURILA
(e-signed)
Annexes: 2
3
Electronically signed on 28/06/2022 10:52 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
