Document mpL0v261BbRGBQZNM6yNb6JZQ
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY
Ref. Ares(2024)3020957 - 24/04/2024
The Director-General
Brussels
SANTE/E4(2024)2367185
Ms Vicky Cann CEO Rue d'Edimbourg 26 1050 Brussels
By email with acknowledgment of receipt: ask+request-1414575dcb6c8@asktheeu.org
Dear Ms Cann,
Subject: Your application for access to documents - Ref EASE No 2024/0545
We refer to your email of 26 January 2024 in which you submit a request for access to documents on the basis of Regulation (EC) No 1049/20011 registered on 29 January 2024 under the above-mentioned reference number. We also refer to our email of 13 February 2024 extending the time limit to respond to your request according to Article 7(3) of Regulation (EC) No 1049/2001.
1. Scope of your request In your request, you ask on the basis of Regulation (EC) No 1049/2001, 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 1 January 2023 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 1 January 2023, where this topic was discussed, exchanged between officials and or Commissioners with businesses, trade associations, or think tanks."
1 Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Commission europenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGI - Tel. +32 22991111
2. Identification and assessment of the documents We have identified six documents falling within the scope of your request. You will find attached a table listing the documents identified and summarising the results of the evaluation carried out based on Regulation (EC) No 1049/2001. Having examined the documents under the provisions of Regulation (EC) No 1049/2001, we have come to the following conclusion, which is further explained below:
Full access can be given to documents No 3 and No 4.
Partial access can be given to documents No 1 - No 2 and No 5 - No 6, as their full disclosure is prevented by the exceptions to the right of access laid down in Article 4 of Regulation (EC) No 1049/2001 listed below;
Please note that some parts which are out of scope have also been withheld and labeled as "out of scope" in the attached table.
Please, be also aware that the documents that can be fully or partially released on the basis of Regulation (EC) No 1049/2001 are published on the following Commission webpage: Electronic Access to Commission Documents (EASE) (europa.eu).
You may reuse public documents, which have been produced by the European Commission or by public and private entities on its behalf based on the Commission Decision on the reuse of Commission documents. You may reuse the documents disclosed free of charge and for non-commercial and commercial purposes provided that the source is acknowledged and that you do not distort the original meaning or message of the documents. Please note that the Commission does not assume liability stemming from the reuse.
3. Protection of personal data Protection of the privacy and integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data - Article 4(1)(b) of Regulation (EC) No 1049/2001
With regard to the identified documents, 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 it may contain the following personal data: - the names/initials and contact information of Commission staff members not pertaining
to the senior management; - the names/initials and contact details of other natural persons.
Article 9(1)(b) of the Data Protection Regulation (EU) 2018/17252 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
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, OJ L 295, 21.11.2018, p. 39.
2
do you put forward any arguments to establish the necessity to have the data transmitted for a specific purpose in the public interest. Consequently, we 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 document, 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 the above mentioned, partial access is granted to the mentioned document, expunged of personal data.
4. Means of redress 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 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
5. Acknowledgment of receipt According to the standard operational procedure, the reply is sent by e-mail only. We would therefore appreciate if you could explicitly confirm receipt of the e-mail within 5 working days by replying to sante-consult-e4@ec.europa.eu.
Yours sincerely,
e-signed Sandra GALLINA
3
Electronically signed on 24/04/2024 11:14 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121