meeting between Frans Timmermans and ExxonMobil Petroleum & Chemical

Agathe Bounfour made this access to documents request to Climate Action

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Response to this request is long overdue. By law, under all circumstances, Climate Action should have responded by now (details). You can complain by requesting an internal review.

Dear Climate Action,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

All documents—including but not limited to correspondence, emails, minutes, notes (hand written or electronic), audio or video recordings, verbatim reports, operational conclusions, lines to take, briefings, and presentations—related to the meeting on June 27th 2022 between Frans Timmermans, and representatives of ExxonMobil Petroleum & Chemical.

I would prefer to receive documents electronically.

I would like to make clear I prefer you produce the documents on a rolling basis. At no point should the Commission's search for—or deliberations concerning—certain documents delay the production of others that the Commission has already retrieved and elected to produce.

Please confirm having received this application. I look forward to your reply within 15 business days, according to the regulation.

Yours faithfully,

Agathe Bounfour

Yours faithfully,

Agathe Bounfour

sg-acc-doc@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 12/01/2023 and registered on 17/01/2023 under case number 2023/0310.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

Secretariat-General - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

Dear Climate Action,
Here is my postal address :

VOLUMES Coworking
78 Rue Compans, 75019 Paris
France

Please do note that I would prefer to receive documents electronically.

Yours faithfully,

Agathe Bounfour

sg-acc-doc@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 12/01/2023 and registered on 18/01/2023 under the case number
2023/0310.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 08/02/2023. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

Secretariat-General - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

sg-acc-doc@ec.europa.eu,

1 Attachment

Dear Ms Bounfour

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/0310.

Kind regards,

SG.D2

Dear Climate Action,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'meeting between Frans Timmermans and ExxonMobil Petroleum & Chemical'.

The deadline was extended twice and my request should have been handled by March 1st 2023.

A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/meeti...

Yours faithfully,

Agathe Bounfour

sg-acc-doc@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2023/0310, sent on 14/03/2023 and registered on 14/03/2023.

We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 04/04/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.

Yours faithfully,

Secretariat-General - Access to Documents
European Commission

sg-acc-doc@ec.europa.eu,

Dear applicant,

We are writing concerning your confirmatory request for access to
Commission documents for case 2023/0310 registered on 14 March 2023.

We are currently working on your confirmatory request. However, we have
not yet been able to gather all the elements necessary to carry out a full
analysis of your request. We will not be able to send you the reply within
the prescribed time limit expiring on 4 April 2023.

An extended time limit is needed, as additional work and consultations
need to be performed.

Therefore, in line with Article 8(2) of [1]Regulation (EC) No 1049/2001 we
need to extend this time limit by 15 additional working days. The new time
limit expires on 28 April 2023.

We apologise for any inconvenience this may cause.

Kind regards,

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...