Ref. Ares(2022)868755 - 07/02/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
The Director-General
Brussels
ENV.E.4
Ms Rebecca VAUGHAN
1, Long Lane
London
UNITED KINGDOM
SENT by email with acknowledgement of
receipt:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Ms Vaughan,
Subject: Your application for access to documents: Ref. GestDem No 2021/6087
We refer to your request for access to documents of 12 October 2021, registered on the
same day under the above-mentioned reference number.
You requested access to the following:
“All documentation, including but not limited to attendance lists, agendas, background
papers, minutes/notes and email correspondence about or summarising, the following
meetings:
1. Meeting with Danone on 05/02/2020
2. Meeting with BusinessEurope on 07/02/2020
3. Meeting with European Federation of National Associations of Water Services on
19/02/2020
4. Meeting with International Federation of Organic Agriculture Movements EU
Regional Group on 04/03/2020
5. Meeting with Fertilizers Europe on 28/04/2020
6. Meeting with FoodDrinkEurope on 05/05/2020
7. Meeting with WindEurope on 14/05/2020
8. Meeting with Eurelectric on 20/05/2020
9. Meeting with European farmers, European agri-cooperatives on 19/06/2020
10. Meeting with Association of National Organisations of Fishing Enterprises in the
European Union on 22/07/2020
11. Meeting with Federation of Associations for Hunting & Conservation of the EU on
09/09/2020
12. Meeting with Microsoft Corporation on 10/09/2020
13. Meeting with Danone on 13/10/2020
14. Meeting with Deutscher Bauernverband on 09/02/2021
15. Meeting with Microsoft Corporation on 23/09/2021”
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
We have identified the documents listed in Annex 1 (numbers 1 to 32) as falling under
the scope of your request. We indicated in the list to which meeting the identified
documents refer.
We are pleased to inform you that full access can be granted to documents 3, 4A, 4B, 4C,
10, 12, 14, 19B, 20, 27A and 32.
Furthermore, wide partial access can be granted to documents 1, 2, 4, 5, 6, 8, 9, 9A, 11,
11A, 13, 15, 15A, 16, 17, 19, 19A, 21, 22, 23, 24, 26, 27, 29, 31 and 31A, with the
exception of personal data contained therein, based on Article 4(1)(b) of Regulation (EC)
No 1049/2001.
Article 4(1)(b) of Regulation (EC) No 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’.
This exemption from disclosure applies to the above-mentioned documents, because they
contain the following personal data:
-
the names and contact information of Commission staff members not pertaining to
the senior management;
-
the names and contact details of other natural persons, and
-
handwritten signatures of natural persons.
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 Regulation1.
According to Article 47(1) of this Regulation, a transfer of personal data to a third country
or an international organisation may take place where the Commission has decided that the
third country, a territory or one or more specified sectors within that country, or the
international organisation 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 Commission recognizes your country of residence
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
subjects 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.
1 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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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 listed 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.
Please note that the disclosed documents were drawn up for internal use of the relevant
service. 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 its content. They do not reflect the position of the Commission and
cannot be quoted as such.
Please further note that 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.
Concerning documents 7, 25 and 28 (in their entirety) as well as documents 18 and 30
(partially, except for the respective speeches which are disclosed), we regret to inform
you that their disclosure is prevented by the exception provided for in Article 4 (3), first
indent, of Regulation 1049/2001 (protection of the institution’s decision-making
process).
These documents constitute briefings intended for Commissioner Sinkevičius’
preparation for the relevant meetings. Their disclosure would seriously undermine the
Commissioner’s right to be briefed by his services, in the exercise of his political
mandate.
In addition, document 7, relating to the meeting of Commissioner Sinkevičius with
IFOAM on 4 March 2020 and document 18, concerning the meeting of the
Commissioner with COPA/COGECA on 19 June 2020, pertain to matters which are
currently subject to internal discussion within Commission services, for instance the
implementation of the new Common Agricultural Policy (CAP) and the Biodiversity
Strategy, as well as with Member States, notably concerning the approval of Member
States’ CAP Strategic Plans. Disclosure of these (parts of the) documents would infringe
the necessary climate of mutual trust with the Member States and the Commission’s
interlocution capacity with stakeholders.
Document 25, the briefing for the meeting of Commissioner Sinkevičius with Microsoft
on 10 September 2020, also pertains to matters with are subject to internal discussion, for
instance proposals for several initiatives under the Circular Economy Action Plan, the
Nature Restoration Plan and the Sustainable Finance Strategy, which the Commission is
preparing.
Document 28, the briefing for the meeting of Commissioner Sinkevičius with Danone on
13 October 2020, relates to matters which are subject of an ongoing legislative procedure
and negotiations by the Commission with the Council and the European Parliament on
the CAP reform. Disclosure of the document would infringe the Commission’s
negotiation capacity with these stakeholders.
3
Finally, document 30, relating to the meeting of Commissioner Sinkevičius with German
Farmers on 9 February 2021, equally pertains to matters which are currently subject to
internal discussion, notably the implementation of the new CAP and the Biodiversity and
Forest Strategies, as well as sensitive discussions between Commission services and
Member States, notably concerning the approval of Member States’ CAP Strategic Plans.
Disclosure of the non-disclosed parts of this document would thus infringe the necessary
climate of mutual trust with the Member States. It would further infringe the
Commission’s interlocution capacity with stakeholders.
We have considered whether (further) partial access could be granted to documents 7, 18,
25, 28 and 30. However, documents 7, 25 and 28 and the non-disclosed parts of documents
18 and 30 are covered by the exception from disclosure pursuant to Article 4 (3), first
intent, of Regulation 1049/2001.
This exception applies unless there is an overriding public interest in disclosure of the
documents. However, you did not indicate and we have not been able to identify any public
interest that would override the necessity for protection of the institution’s decision-making
process.
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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
e-signed
Florika FINK-HOOIJER
Annexes :
List of identified documents,
Documents to be disclosed
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Electronically signed on 04/02/2022 17:34 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
