Reply Gestdem 2022 3493.pdf

Ref. Ares(2022)5239204 - 19/07/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
CLIMATE ACTION
Directorate A – Strategy, Analysis and Planning
  CLIMA.A.1 – Strategic Coordination, Legal & Institutional
Brussels
CLIMA.A.1

Thomas Burman
ClientEarth AISBL
60 Rue du Trône (Box 11)
B - 1050 Brussels
Belgium

Email: ask+request-11428-
xxxxxxxx@xxxxxxxx.xxx

Subject:
Your access to documents request with reference Gestdem 2022/3493
Dear Mr Burman,
We refer to  your e-mail  dated 14 June 2022 in  which  you make  a request  for access  to
documents, registered on the 20 June 2022 under the above-mentioned reference number.
You  requested  access  to  “documents  pertaining  to  the  following  two  draft  delegated
regulations published for feedback on 20 May 2022 under Directive (EU) 2018/20011:

  draft delegated regulation establishing a minimum threshold for greenhouse
gas  emissions  savings  of  recycled  carbon  fuels  and  by  specifying  a
methodology for assessing greenhouse gas emissions savings from renewable
liquid and gaseous transport fuels of non-biological origin and from recycled
carbon fuels (Ref: Ares(2022)3836721), and;
  draft  delegated  regulation  establishing  a  Union  methodology  setting  out
detailed  rules  for  the  production  of  renewable  liquid  and  gaseous  transport
fuels of non-biological origin (Ref: Ares(2022)3836651)”.

Specifically, you requested access to the following:

i.  “Documents revealing the existence of meetings that have taken place since 1
January 2021 between DG CLIMA staff on the one hand and representatives
of external parties (including but not limited to lobby consultancies and law
firms)  on  the  other  hand,  in  which  one  or  both  of  the  Proposed  Delegated
Acts were mentioned;
ii.  Minutes and other reports of these meetings;

1
OJ L 328, 21.12.2018, p. 82–209

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

iii.  All  correspondence  (including  emails,  letters,  attached  documents  and
enclosures) since 1 January 2021 between DG CLIMA staff on the one hand
and  representatives  of  external  parties  (including  but  not  limited  to  lobby
consultancies and law firms) on the other hand, in which one or both of the
Proposed Delegated Acts were mentioned”.

DG CLIMA has identified the following documents within the scope of your application:

Author
Date
Reference
Ares(2021)1501195
1
European Commission
26 February 2021
Ares(2021)3788032
2
European Commission
9 June 2021
Ares(2021)7783045
3
European Commission
16 December 2021
Ares(2022)1180450
4
Solar Power Europe
17 February 2022
Ares(2022)1180450
5
Solar Power Europe
17 February 2022
Ares(2022)3460591
6
RWE and others
5 May 2022
Ares(2022)3460591
7
RWE and others
5 May 2022
Fortescue Future
8
Ares(2022)3565925
Industries
10 May 2022
Fortescue Future
9
Ares(2022)3565925
Industries
10 May 2022

Following  an  examination  of  the  documents  under  the  provisions  of  Regulation  (EC)
No 1049/2001, I regret to inform you that a complete disclosure of documents 1-6, 8 and 9
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: names and contact information of  Commission staff members not pertaining to the
senior  management;  names  and  contact  details  of  other  natural  persons  and  other
information relating to an identified or identifiable natural person.
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  above-
mentioned  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
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of  the  individuals  concerned  would  not  be  prejudiced  by  disclosure  of  the  personal  data
concerned.
As regards documents 1-3, these was drawn up for internal use under the responsibility
of the relevant officials of the Directorate-General for Climate Action. They solely reflect
the  authors'  interpretation  of  the  interventions  made  and  do  not  set  out  any  official
position of the third parties to which the documents refer, which were not consulted on
their content. They do 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 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
Yours faithfully,
(Electronically signed)

p.o. Isobel FINDLAY

Electronically signed on 19/07/2022 10:03 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
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