Ref. Ares(2023)7894824 - 20/11/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director-General
Brussels
GROW.B.1
Ms Laura Döring
1 Temple Avenue
London
United Kingdom
By email: ask+request-13710-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref. EASE 2023/6125
Dear Ms Döring,
We refer to your e-mail of 17 October 2023 in which you make a request for access to
documents, registered on the same day 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 European Chemical Industry Council, BASF SE, LyondellBasell and Thierry
Breton, Commissioner and Joan Canton, Cabinet member of Thierry Breton on 26/06/2023
2. Between European Chemical Industry Council and Joan Canton, Cabinet member of
Thierry Breton on 03/10/2023
3. Between European Chemical Industry Council and Thierry Breton, Commissioner and
Joan Canton, Cabinet member of Thierry Breton on 12/10/2023
4. Between Verband der Chemischen Industrie e.V. and Kerstin Jorna, Director-General
on 04/05/2023”
We have identified the enclosed 4 documents that fall within the scope of your request and
correspond to points 1, 3 and 4 of your request.
Concerning point 2 of your request, we regret to inform you that the Directorate-General
for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) does not hold any
documents that would correspond to the description given in your application.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Protection of personal data
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, contact information and functions of Commission staff members
not pertaining to the senior management.
-
the names/initials, contact details and functions of other natural persons.
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.
Protection of commercial data
A complete disclosure of document 3 is also prevented by the exception to the right of
access laid down in Article 4(2) of Regulation (EC) No 1049/2001 “where disclosure
would undermine the protection of commercial interests of a natural or legal person,
including intellectual property”.
This document contains commercial data from the companies that submitted them,
disclosure of which would undermine their standing in the competitive markets in which
they operate.
In addition, we have not identified any evidence that would suggest the presence of an
“overriding public interest” in the disclosure of the requested document within the meaning
of the last phrase of Article 4(2) of Regulation No 1049/2001.
Please note that minutes were drawn up for internal use under the responsibility of the
relevant service of DG GROW. They solely reflect the service’s interpretation of the
interventions made and do not set out any official position of the third parties to which the
document refers, which were not consulted on the content. They do not reflect the position
of DG GROW and cannot be quoted as such.
2
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 in one
of the following ways:
by asking for a review via your portal1 account (available only for initial requests
submitted via the portal account),
or by mail:
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,
Kerstin Jorna
Director-General
e-signed
Enclosure: 4
1
https://www.ec.europa.eu/transparency/documents-request
3
Electronically signed on 20/11/2023 16:04 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121
