Ref. Ares(2023)972989 - 10/02/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
CLIMATE ACTION
Directorate A – Strategy, Analysis and Planning
CLIMA.A.4 – Administration, Financial Affairs & Human Resources
Brussels
CLIMA
Barnaby Pace
Global Witness, c/o WeWork
Rue de Commerce 31
1000 Brussels
Belgium
Advance copy by email
: ask+request-
xxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents EASE 2023/0710
Dear Mr. Pace,
We refer to your request for access to European Commission documents registered on 2
February 2023 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 January 19 between Kurt Vandenberghe and Uniper.
Your application concerns the following documents:
Meeting request_UNIPER_redacted, registered on 13.01.2023, Reference
Ares(2023)243731
Meeting between Kurt Vandenberghe DG and Uniper on 19.01.2023_Redacted,
registered on 06.02.2023, Reference Ares(2023)855241
With regard to the documents 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;
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
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Office: BRE2 14/DCS – Tel. direct line +32 229-63854
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, 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 first document originating from third parties is 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 document without the agreement of the originator, who may hold an intellectual
property right on it. The European Commission does not assume any responsibility from
their reuse.
The second document 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.
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:
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,
Rudy VAN HORENBEEK
Head of Unit
Electronically signed
1
https://www.ec.europa.eu/transparency/documents-request
2
Electronically signed on 09/02/2023 20:09 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121