Document ZBMmJQyry38VYd8eLyrDrLMo8
EUROPEAN COMMISSION
DIRECTORATE-GENERAL ENVIRONMENT The Director-General
Brussels,
ENV.B.2
Vicky Cann
By email: ask+request-1249557ccf6c1@asktheeu.org
Ref. Ares(2023)4851833 - 12/07/2023
Dear Ms Cann,
Subject: Your application for access to documents: Ref EASE No 2023/0549
We refer to your request for access to documents dated 27/01/2023 and to our holding reply Ares(2023)1139897. We would like to sincerely apologise for the delay in our reply.
You requested access to the following:
"...documents related to the REACH Revision:
1. A list of all meetings/ discussions that have taken place since 1st December 2021 between officials and or Commissioners with representatives of Cosmetics Europe, A.I.S.E. (Association Internationale de la Savonnerie, de la Dtergence et des Produits d'Entretien), and the Downstream Users of Chemicals Co-ordination Group (DUCC).
2. Any records, minutes or notes of these meetings/discussions.
3. Any briefings prepared for these meetings.
4. All correspondence exchanged since 1st December 2021 (including SMS & any other type of messages processed through phone apps - eg., WhatsApp, Signal, Telegram etc, recorded voice messages, emails, letters and attached documents) between officials and or Commissioners with representatives of these industry associations."
I consider your request to cover documents held up to the date of your application, i.e. 27/01/2023.
With regard to part 1 of your request, we regret to inform you that the DirectorateGeneral for Environment does not hold any documents that would correspond to the description given in your application. As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as defined in that regulation applies only to existing documents in the possession of the institution.
Given that the list as described in your application is not held by the Directorate-General for Environment, the Directorate-General is not in a position to fulfil part 1 of your request under the provisions of Regulation (EC) No 1049/2001.
1
Please note that the meetings of the Director-General of DG ENV with organisations and self-employed individuals are available in the link enclosed below:
http://ec.europa.eu/transparencyinitiative/meetings/meeting.do?host=ca175ad3-c2c5457e-8f6d-f17956bdcc4e
With regard to parts 2, 3, and 4 of your requests, we have identified 9 documents listed in the Annex as falling under the scope of your request..
We are pleased to fully disclose documents 2, 3, 4, 5, and 6.
With regard to documents 1, 7, 8, and 9 listed in the annex, a complete disclosure 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 and contact details of 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 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.
The 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.
Document 1 that contains notes of a meeting, was drawn up for internal use under the responsibility of the relevant officials of the Directorate-General for Environment. It solely reflects the authors' interpretation of the interventions made and does not set out any official position of the third parties to which the document refers, which were not consulted on its content. It does not reflect the position of the Commission and cannot be quoted as such.
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 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:
2
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 to: sg-acc-doc@ec.europa.eu
Yours faithfully,
e-signed
Florika FINKHOOIJER Director-General
1 https://www.ec.europa.eu/transparency/documents-request
Electronically signed on 12/07/2023 16:56 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121 3