Document 82YRmxy63yOq4EMd7wo01D3pZ
Ref. Ares(2023)4039882 - 12/06/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP AND SMES
The Director-General
Brussels,
GROW/F1/KH/nt grow.f.1(2023) 5271897
Ms Vicky Cann 26 rue d'Edimbourg, 1050, Bruxelles Belgium
By email: ask+request-1281325b0b07c@asktheeu.org
Subject:
Your application for access to documents - Ref. EASE 2023/2038
Dear Ms Cann,
We refer to your email of 31/03/2023 in which you make a request for access to documents, registered on 03/04/2023 under the above-mentioned reference number.
Your application was as follows: " Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I would like to request access to the following documents related to 2 concepts from the Chemicals strategy for sustainability :
A. Essential use B. Generic approach to risk management (GRA)
1. A list of all meetings/ discussions since 14 October 2020 between officials and or Commissioners with businesses, trade associations, or think tanks where these topics were discussed.
2. Any records, minutes or notes of these meetings/discussions.
3. All correspondence since 14 October 2020, where these topics were discussed, exchanged between officials and or Commissioners with businesses, trade associations, or think tanks.
To the extent possible, my strong preference is to receive documents in electronic format.
I would also be grateful to receive the documents in batches, as soon as they are identified and available to send.
Please note that I am tabling this request separately to DG Grow, DG Environment, and the Secretariat-General of the Commission and I look forward to receiving the respective documents accordingly."
Commission europenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGI - Tel. +32 22991111
We have identified 68 documents falling in the scope of your request, which in turn have 44 annexes, totalling 112 documents. Some of the annexes, however, do not fall in the scope of your request. Please see the details in the attached document register.
Please note that, since some of the documents listed in the attached document register also originate from a third party, the originators have been consulted.
Having examined the documents requested under the provisions of Regulation (EC) No 1049/2001 regarding public access to documents, we have come to the conclusion that:
- Documents 2, 3, 4, 8, 12, 25, 27, 28, 29, 30, 53, 58, 66, 67, 70, 74, 78, 79, 88, 92, 102 and 103 can be fully disclosed.
- Parts of documents 5, 6, 9, 11, 13, 14, 36, 41, 46, 61, 62, 69, 84, 90, 93, 95, 96, 98, 105 and 110 have been blacked out as their content is out of the scope of your request.
- Disclosure is refused for documents 15, 20, 71, 72, 80, 81, 82, 89 and 97 as their content is out of the scope of your request.
Protection of commercial interests
- Documents 54 and 64 may be partially disclosed.
The third party concerned has been consulted and has informed the Commission that full disclosure of this document would undermine the protection of commercial interests. Consequently, some parts of the document have been blacked out as their disclosure is prevented by the exception to the right of access laid down in Article 4(2) first indent of Regulation (EC) No 1049/2001.
The exceptions laid down in Article 4(2) of Regulation 1049/2001 apply, unless there is an overriding public interest in the disclosure of documents. We have examined whether there could be an overriding public interest in the disclosure of Documents 54 and 64 but we have not been able to identify such an interest.
Protection of personal data
Finally, some parts of documents 1, 5-7, 9-11, 13, 14, 16-19, 21-24, 26, 31-52, 55-57, 5965, 68, 69, 73, 75-77, 83-87, 90, 91, 93-96, 98-101 and 104-112 contain personal data that have been redacted.
A complete disclosure of these 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, functions and contact information of staff members not pertaining to the senior management, and the names/initials, functions, and contact details of other natural persons.
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Article 9(1)(b) of the Data Protection Regulation1 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 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.
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 Bruxelles or by email to: sg-acc-doc@ec.europa.eu Yours sincerely,
(e-sign) Kerstin Jorna
Encl.: Document register 103 documents (partially) disclosed
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.
Electronically signed on 09/06/2023 16:45 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121 3