Ref. Ares(2024)6096892 - 28/08/2024
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNATIONAL PARTNERSHIPS
The Director-General
Brussels
intpa.e.3(2024)6787717
Ms Lora Verheecke
9 rue du Bronze
1070 Bruxelles
ask+request-14757-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents 2024/3710
Dear Ms Verheecke,
We refer to your request for access to European Commission documents registered on
11/07/2024 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 and
recordings) AND the meeting minutes/notes relating to the meeting between Koen Doens
and Brussels Airlines on Global Gateway on 17th April 2024.
The following documents fall within the scope of your application:
-
Briefing for DG Koen Doens, reference BASIS(INTPA/4754), (hereafter
‘document 1’), which includes the following annex:
• ROUTE STUDY FOR BRUSSELS AIRLINES (hereafter ‘document1.1’).
Document 1
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 1 may be partially disclosed. Some parts of the document have been blanked out
as their disclosure is prevented by exception to the right of access laid down in Article 4, in
particular Article 4(1)(a) third indent, Article 4(1)(b) and first indent of Article 4(2) of this
Regulation.
The redacted parts of the document 1 contain commercially sensitive business information of
which part is extracted from document 1.1. and views on political matters between the EU
and a number of national governments in Africa. Disclosure of the documents requested
would undermine the protection of international relations between the EU and a number
of national governments in Africa as it would reveal and pose the risk of compromising
ongoing or future political dialogues. Consequently, we conclude that, pursuant to Article
4(1)(a) third indent of Regulation (EC) No 1049/2001, access cannot be granted to the
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
entire document, as it contains politically sensitive information, which would, if disclosed,
undermine the public interest of the entities in question.
Furthermore, the disclosure of these parts would undermine the protection of commercial
interests of a natural or legal person, including intellectual property, as further described
below in point “document 1.1.”.
In addition, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a
document has to be refused if its disclosure would undermine the protection of privacy and
the integrity of the individual, in particular in accordance with European Union legislation
regarding the protection of personal data. The applicable legislation in this field is 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/EC1 (‘Regulation 2018/1725’).
Article 9(1)(b) of Regulation 2018/1725 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. In addition, there are reasons to assume that the legitimate interests of the data
subjects concerned would be prejudiced by disclosure of the personal data reflected in the
documents, as there is a real and non-hypothetical risk that such public disclosure would harm
their privacy and subject them to unsolicited external contacts.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001,
access cannot be granted to the personal data, 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 the abovementioned document contain personal data, in particular
names and titles of staff as well as names and titles of other natural persons.
Document 1 was drawn up for internal use under the responsibility of the relevant services of
the Directorate-General for International Partnerships. It solely reflects the services
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.
Document 1.1.
As for document 1.1, I regret to inform you that your application cannot be granted, as
disclosure is prevented by exception to the right of access laid down in Article 4 of this
Regulation, in particular, first indent of Article 4(2) of this Regulation.
The document which you seek to obtain contains commercially sensitive business
information.
The disclosure of the document requested would undermine the protection of commercial
interests of the company that submitted it, as putting this information in the public domain
would affect its competitive position on the market. More specifically, the document is a study
that provides detailed information on the commercial viability of specific aviation routes. The
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analysis is undertaken on request of a third party, provides insights that directly relate to the
commercial interest of the third party concerned. Therefore, the exception laid down in
Article 4(2) first indent of Regulation (EC) No 1049/2001 applies to this document.
The document has been prepared by a third party for the exclusive use of a non-European
airport; moreover, the document has been marked as confidential by the authors and indicates
not to be disclosed or otherwise made available to any third party other than the recipient.
Therefore, the exception laid down in Article 4(2) first indent of Regulation (EC)
No 1049/2001 applies to this document.
The exceptions laid down in Article (2) and 4(3) of Regulation (EC) No 1049/2001 apply
unless there is an overriding public interest in disclosure of the documents. We have examined
whether there could be an overriding public interest in disclosure, but we have not been able
to identify such an interest. We conclude, therefore, that the protection of commercial interests
prevails.
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
via your
EASE portal1 account.
or by mail, to:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email, t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Koen DOENS
P/O Martin SEYCHELL
Enclosure:
Briefing for DG Koen Doens, reference BASIS(INTPA/4754)
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https://www.ec.europa.eu/transparency/documents-request
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