Ref. Ares(2022)5818008 - 19/08/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR ENERGY
Directorate C – Green Transition and Energy System Integration
C.3 – Internal Energy Market
Brussels, 19/08/2022
ENER.C.3/LL/KD(2022)s6383283
Mr Barnaby Pace
Global Witness
Rue Belliard 53
1000 Bruxelles
E:mail: ask+request-10005-
xxxxxxxx@xxxxxxxx.xxx
By email with acknowledgment of
receipt
Subject:
Your access to document request GESTDEM 2021/5882
Dear Mr Pace,
I refer to your request of 04 October 2021 for access to Commission documents,
registered the same day under the above-mentioned reference number.
You request access to:
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
September 16 between Kadri Simson and EUROGAS aisbl. If the separately disclosed
meeting between Eurogas and Tatiana Marquez Uriarte on the same day was a different
meeting then I would also like to request the documents for that meeting as well.
Following an examination of the documents requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, we have identified documents
related to the meetings listed below as falling in the scope of your request.
I am glad to inform you that all identified documents can be disclosed, subject only to the
redaction of personal data.
With regard to the documents 1 and 3 (listed below), a complete disclosure of the identified
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 and contact information of Commission staff members not
pertaining to the senior management;
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
-
the names/initials and contact details of other natural persons;
- handwritten signatures/abbreviated signatures of natural persons;
- other information relating to an identified or identifiable natural person
Pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a document has
to be refused if its disclosure would undermine the protection of privacy and the integrity
of the individual, in particular in accordance with European Union legislation regarding
the protection of personal data.
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 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, with exception for names of main representatives, 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.
Please note that 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.
With regard to document number 4 (Ares(2022)802236 - minutes of the meeting between
Commissioner Simson and Eurogas), this document was drawn up for internal use under
the responsibility of the relevant officials of Commissioner Kadri Simson. It solely
reflects the author's interpretation of the interventions made and does not set out any
official position of the third parties to which the document refers, which was 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 assessment, 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.
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.
2
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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
(e-signed)
Christof Lessenich
Head of Unit
DATE
Ares registration number
1
27.05.2021 ARES(2021) 3506098
Email of Eurogas of 27/05/2021 to
Commissioner Simson - meeting
request
2
27.05.2021 ARES(2021) 3506098
annex of the email position paper
3
21.09.2021 ARES(2021) 5835733
Email of Eurogas of 21/09/2021 -
follow up email after the meeting
4
16.09.2021 Ares(2022)802236
minutes of the meeting between
Commissioner
Simson
and
Eurogas
3
Electronically signed on 19/08/2022 09:08 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121