Ref. Ares(2023)160872 - 10/01/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
CLIMATE ACTION
The Director-General (acting)
Brussels
CLIMA
Kalina Dmitriew
1 Long Ln
SE1 4PG, London,
United Kingdom
Advance copy by email:
ask+request-12034-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents EASE 2022/6042
Dear Ms. Dmitriew,
We refer to your request for access to European Commission documents registered on
24.10.2022 under the above-mentioned reference number.
You request access to:
“All documentation (including but not limited to all email
correspondence, attendance lists, agendas, background papers, transcripts, recordings
and minutes/notes) relating to meetings between the entities listed below and the
Commission, including CLIMA Unit C4, on 'Heavy Duty Vehicles CO2 emission
standards' or in preparation for the development of the Heavy Duty Standards proposal
from the last 6 months:
- Companies: Volvo Group, Daimler Truck, DAF Trucks, Volkswagen, IVECO.
- Trade Associations: European Automobile Manufacturers' Association (ACEA),
German Association of the Automotive Industry (VDA), European Association of
Automotive Suppliers (CLEPA)”.
Your application concerns the following documents:
Title
Date
Reference
VOLVO
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Office: BRE2 13/534 – Tel. direct line +32 229-95827
xxxxx.xxxxxxxxxxx@xx.xxxxxx.xx
1
Platform for electromobility position 27.09.2022
Ares(2022)8109585
on CO2 HDV_email_Redacted
2
Platform for electromobility position 27.09.2022
Ares(2022)8109585
on
CO2
HDV_position
paper_Redacted
3
Timmermans,
letter
ahead
of 22.09.2022
Ares(2022)6574489
presentation
of
legislative
proposal_email_Redacted
4
Letter
to
EVP 22.09.2022
Ares(2022)6574489
Timmermans_corporate
fleets_redacted
5
Briefing_ Meeting Bea Yordi and 19.10.2022
Ares(2022)7259544
Platform for elecromobility
6
Reply_Personal invitation to round- 20.05.2022
Ares(2022)3836253
off
dinner
in
Davos,
Switzerland_redacted
DAIMLER
7
Briefing_Meeting Timmermans and 22.10.2022
Ares(2022)7338780
Mercedes-Benz Trucks and Daimler
Buses
8
HDV CO2 Review - Impulses by 26.07.2022
Ares(2022)8258792
Daimler Buses_email_Redacted
9
Impulses_on_HDV_CO2-
26.07.2022
Ares(2022)8258792
Review_DTAG
10 Meeting request for Mercedes-Benz 14.09.2022
Ares(2022)6352438
Trucks and Daimler_Redacted
11 Invitation Panelist 12. October - 16.09.2022
Ares(2022)6408323
Zero
emission
trucks
and
buses_email _Redacted
12 Reply_ meeting request for
21.09.2022
Ares(2022)6523070
Mercedes-Benz Trucks and
Daimler_Redacted
VOLKSWAGEN
13 Invitation for informal
11.07.2022
Ares(2022)5049094
dinner_Volkswagen_email_redacted
ACEA
14 Briefing_Clara meeting
22.10.2022
Ares(2022)7338759
ACEA_redacted
15 HDV CO2 regulation - follow-up
15.06.2022
Ares(2022)8256272
call ACEA_email_Redacted
16 ACEA_Statement_to_ZEV_CO2-
15.06.2022
Ares(2022)8256272
review
17 Grow_Clima_EEA_ACEA_Telco-
15.06.2022
Ares(2022)8256272
MeetingAgenda_v2
2
18 TF5+COM_CO2_B+C-
15.06.2022
Ares(2022)8256272
Updates_Redacted
19 CO2 open topic_base lorry
15.06.2022
Ares(2022)8256272
definition_v2
20 CO2 open topics_Licence_v4
15.06.2022
Ares(2022)8256272
21 HDV CO2 - meeting request_ 4
29.04.2022
Ares(2022)8257139
May_email_Redacted
22 Online
Meeting_EU-
29.04.2022
Ares(2022)8257139
COM_EEA_ACEA_CO2
open
topics_final_Redacted
23 HDV
CO2
review
-
ACEA 17.06.2022
Ares(2022)8257309
position_email_Redacted
24 HDV CO2 Review - ACEA position 17.06.2022
Ares(2022)8257309
(draft)_final
25 Letter
from
ACEA 13.09.2022
Ares(2022)8257416
_email_Redacted
26 Letter to Deputy DG Ms Clara de la 13.09.2022
Ares(2022)8257416
Torre_Redacted
27 Report meeting between Clara de la 18.10.2022
Ares(2022)7217757
Torre and ACEA_redacted
28 Invitation to participate in live 20.07.2022
Ares(2022)5346783
debate
'Getting
Zero-Emission
Trucks on the Road' debate_
Redacted
29 Letter
to
Timmermans_Getting 18.07.2022
Ares(2022)5346783
Zero-Emission
Trucks
on
the
Road_redacted
30 Invitation to Mr Timmermans to 27.09.2022
Ares(2022)5420466
participate
in
'Getting
Zero-
Emission Trucks on the Road'
debate_Redacted
31 Timings for 'Getting Zero-Emission 26.10.2022
Ares(2022)5420466
Trucks
on
the
Road'
debate_Redacted
VDA
32 INVITATION as keynote speaker at 06.05.2022
Ares(2022)3507466
the the IAA TRANSPORTATION
Conference in Hanover,_Redacted
33 Übersicht IAA Conference 2022
06.05.2022
Ares(2022)3507466
34 INVITATION as keynote speaker at 30.05.2022
Ares(2022)4017076
the the IAA TRANSPORTATION
Conference_Redacted
35 Reply_MEETING
REQUEST 07.06.2022
Ares(2022)4203298
VDA_Redacted
3
CLEPA
36 Request for a meeting_ CO2 for 20.07.2022
Ares(2022)8258325
HDV_email_Redacted
37 CO2-standards-HDV_position
20.07.2022
Ares(2022)8258325
paper
With regard to the documents 1-4, 6, 8, 10-15, 18, 21-23, 25-32, 34-36 listed above, 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;
– the names/initials and contact details of other natural persons;
– handwritten signatures/abbreviated signatures 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
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 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.
Document 14 was drawn up for internal use under the responsibility of the relevant
service of the Directorate-General for Climate Action. It solely reflects the service’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.
Since document 9 originates from a third party, the originator of the document has been
consulted. Following an examination of document 9 under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents and taking into account the
opinion of the third party, I regret to inform you that access to this document cannot be
granted, as disclosure is prevented by exception to the right of access laid down in the first
indent of Article 4(2) of this Regulation.
4
Document 9 contains commercially sensitive business information of the company that
submitted it. The author has objected its disclosure that it sent to the Commission and has
motivated its position, by specifying that the document contains specific indications about
the company’s future business strategy and its disclosure to potential competitors could lead
to relevant business damages.
Concerning documents 5 and 7, the disclosure of the documents would undermine the
decision-making process of the Commission protected by Article 4(3), first paragraph of
Regulation 1049/2001, as it would reveal preliminary views and policy options which are
currently under consideration; as indeed, the decision-making process with a view to the
adoption of the proposal for a revision of the CO2 emissions standards for new Heavy-
duty vehicles Regulation (2019/1242) is still ongoing. The proposal should be adopted
early 2023 and then the deliberations between the co-legislators would begin.
Document 5 has been prepared for a meeting between Beatriz Yordi, Director of
Directorate B (Carbon Markets & Clean Mobility) and the Platform for Electromobility,
whereas document 7 has been prepared for a meeting between EVP Frans Timmermans
and representatives of Mercedes-Benz Trucks and Daimler Buses.
In order for the Commission to be able to carry out its tasks, there has to be a climate of
mutual trust in the Commission and also in contacts with the co-legislators, throughout the
different stages of the procedure until the decision-making process has been definitively
closed. In these circumstances, early disclosure of the documents may adversely affect the
dialogue between the Commission and the co-legislators. Therefore, the exception laid down
in Article 4(3), first subparagraph of Regulation (EC) No 1049/2001 applies to this
document.
The exceptions laid down in Article 4(3) of Regulation (EC) No 1049/2001 apply unless
there is an overriding public interest in disclosure of the documents. You have not put
forward any arguments to demonstrate the existence of an overriding public interest in
disclosure. Nor have I been able to identify any public interest capable of overriding the
private interest protected by Article 4(2), first and third indent of Regulation (EC)
No 1049/2001.
As laid down in Article 4(6) of Regulation (EC) No 1049/2001, we have considered the
possibility of granting partial access. I have examined whether partial access could be
granted to the document. However, for the reasons explained above, no meaningful
partial access is possible without undermining the interests described above. Partial
access to the requested document would result in documents which would be either
meaningless or else give rise to misinterpretations, confusion and undue speculations.
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:
5
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: xxxxxxxxxx@xx.xxxxxx.xx.
Yours faithfully,
Clara DE LA TORRE
1
https://www.ec.europa.eu/transparency/documents-request
6
Electronically signed on 10/01/2023 16:32 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121