Document VGqk9np2GJbDGajGN3rbdqE0w

EUROPEAN COMMISSION DIRECTORATE-GENERAL DEFENCE INDUSTRY AND SPACE Ref. Ares(2024)5185730 - 17/07/2024 The Director-General Brussels 05.07.2024 Vicky Cann Rue d'Edimbourg 26, 1050 Brussels, Belgium ask+request-14635-d6efc23d@asktheeu.org Subject: Your application for access to documents - EASE 2024/3013 Dear Ms Cann, We refer to your request for access to European Commission documents registered on 07.06.2024 under the above-mentioned reference number. In your application you request access to the following documents: `I would like to request access to the following documents related to lobbying on PFAS, per and polyfluoroalkyl substances. In particular I would like: 1. A list of all meetings/ discussions since 26 January 2024 between officials and or Commissioners with businesses, trade associations, or think tanks where this topic was discussed. 2. Any records, minutes, preparatory briefings, or other notes of these meetings/discussions. 3. All correspondence since my last request of 26 January 2024 where this topic was discussed, exchanged between officials and or Commissioners with businesses, trade associations, or think tanks.' 1. SCOPE OF YOUR APPLICATION Your application concerns the following documents: 1. European rail sector's contribution to the public consultation on the PFAS restriction proposal - September 2023. (Document 1) 2. PFAS restriction proposal: a key concern for the European rail stakeholders. (Document 2) 3. Email UNIFE. (Document 3) 4. Letter to Commissioner Thierry Breton_240308. (Document 4) Commission europenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGI 5. RECHARGE PFAS_Leaflet_March 2024. (Document 5) 6. Email Recharge batteries. (Document 6) 7. RE Honeywell meeting request. (Document 7) 8. Meeting with Honeywell report. (Document 8) 9. FW Issue of PFAS in the defence sector. (Document 9) 10. RTX meeting report. (Document 10) After having assessed the identified documents, DG DEFIS: Gives full access to Documents 1, 2 and 5. Gives partial access to Documents 3, 4, 6 on the basis of Article 4(1)(b) (protection of privacy and the integrity of the individual). Gives partial access to Documents 7 - 10 on the basis of Article 4(1)(b) (protection of privacy and the integrity of the individual) and Article 4(2) (protection of the commercial interests of a natural or legal person, including intellectual property). Please see below our analysis. 2. ASSESSMENT AND CONCLUSIONS UNDER REGULATION 1049/2001 2.1. Protection of the privacy and the integrity of the individual, in particular in accordance with the Community legislation regarding the protection of personal data. In its judgment in the Bavarian Lager case, the Court of Justice ruled that when a request is made for access to documents containing personal data, Regulation (EC) 45/2014 becomes fully applicable (1). Any reference to Regulation (EC) 45/2014 are to be understood as references to Regulation (EU) 2018/1725, since Regulation (EU) 2018/1725 has repealed Regulation (EC) 45/2014. According to Article 3(1) of Regulation 2018/1725 (2), `personal data' means any information relating to an identified or identifiable natural person (`data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Documents 3, 4, 6, 7, 8, 9 and 10 identified as falling under the scope of your request contain personal data such as: - Names, functions and contact details of third parties and of Commission officials not having the function of senior management staff. (1) Judgment of the Court (Grand Chamber) of 29 June 2010, Commission v Bavarian Lager, C-28/08 P, EU:C:2010:378, paragraph 63. (2) 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 (`Regulation (EU) 2018/1725'). 2 This information constitutes personal data in the meaning of Article 3(1) of Regulation (EU) 2018/1725. 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. Therefore, personal data have been redacted in the aforementioned documents. 2.2. Protection of the commercial interests of a natural or legal person, including intellectual property. Article 4(2) first indent of Regulation (EC) No 1049/2001 provides that `[t]he institutions shall refuse access to a document where disclosure would undermine the protection of commercial interests of a natural or legal person, including intellectual property, [...] unless there is an overriding public interest in disclosure'. Full disclosure of Document 7 would undermine the protection of a private entity's commercial interests, in application of Article 4(2) of Regulation (EC) No 1049/2001. The document includes information on Honeywell's position as an employer in the European labour market. Therefore, with the view to mitigate the risk of endangering the business interests of the entity, Document 7 needs to be partially disclosed. The European Commission introduces a corresponding redaction in her own document - Document 8, representing a report of the meeting with Honeywell. As regards Document 9, respective redactions have been introduced by the originator of the documents - RTX. The originator considers full disclosure would undermine the protection of their commercial interests. The European Commission therefore partially discloses this document and introduces a redaction corresponding to information withheld by RTX in her own document - Document 10, representing a report of the meeting with RTX. 3. DISCLAIMER AND RE-USE OF DOCUMENTS Please note that information originating from third party is 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. You may reuse the disclosed information originating from the European Commission free of charge, for non-commercial and commercial purposes, provided that the source is acknowledged, that you do not distort the original meaning or message of 3 the document. Please note that the Commission does not assume liability stemming from the reuse. 4. MEANS OF REDRESS 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. Such a confirmatory application should be addressed within 15 working days upon receipt of this letter to the Secretariat-General of the Commission. You can submit it via your EASE portal (3) account, 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, to: sg-acc-doc@ec.europa.eu Yours faithfully, Timo Pesonen Director-General (e-signed) Enclosure: 1. European rail sector's contribution to the public consultation on the PFAS restriction proposal - September 2023. 2. PFAS restriction proposal: a key concern for the European rail stakeholders. (3) https://www.ec.europa.eu/transparency/documents-request 4 3. Email UNIFE - expunged from personal data. 4. Letter to Commissioner Thierry Breton_240308 - expunged from personal data. 5. RECHARGE PFAS_Leaflet_March 2024. 6. Email Recharge batteries - expunged from personal data. 7. RE Honeywell meeting request - expunged from personal data and commercially sensitive information. 8. Meeting with Honeywell report - expunged from personal data and commercially sensitive information. 9. FW Issue of PFAS in the defence sector - expunged from personal data and commercially sensitive information. 10. RTX meeting report - expunged from personal data and commercially sensitive information. 5 Electronically signed on 16/07/2024 14:52 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121