Ref. Ares(2023)3807522 - 01/06/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
CLIMATE ACTION
The Director-General
Brussels
CLIMA
Kalina Dmitriew
1 Long Lane
London SE1 4PG
United Kingdom
Advance copy by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – EASE 2023/1754
Dear Ms Dmitriew,
We refer to your request for access to European Commission documents registered on 20
March 2023 under the above-mentioned reference number.
In your application, you requested access to
All documentation, including, but not limited to, attendance lists, agendas, background
papers, minutes/notes and email correspondence about or summarising, the following
meetings of Commissioner Frans Timmermans and DG CLIMA and their cabinet with
multiple organisations:
1. Meeting with Brazilian Association of Vegetable Oil Industries (ABIOVE), Brazilian
Sugarcane and Bioenergy Industry Association (UNICA), and Brazilian Tree Industry
(IBÁ) on 23/01/2023 about the EU Deforestation Regulation.
2. Meeting with Volvo AB (Volvo Group), Volkswagen Aktiengesellschaft (VOLKSWAGEN
AG), RENAULT, Belgian & Luxembourg Federation of Automobile & Two-wheeler
Industry (FEBIAC), Association des Constructeurs Européens d'Automobiles (ACEA), and
Stellantis on 19/01/2023 about developments in electric mobility.
Your application concerns the following documents:
Title
Date
Reference
1. EVP Timmermans - REPORT - Working
12/05/2023
Ares(2023)3347841
Breakfast with Brazilian business
23.01.2023_Redacted
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Office: BRE2 13/533 – Tel. direct line +32 229-69207
xxxx.xxxxxxxxxxxx@xx.xxxxxx.xx
2. Briefing EVP Timmermans - Working
12/05/2023
Ares(2023)3348142
Breakfast with Brazilian business
23.01.2023
3. RE_Visit EVP Timmermans to Brussels 16/05/2023
Ares(2023)3435411
Motor
Show
in
Heysel
19.01.2023_Redacted
4. Programme visit EVP Timmermans to 16/05/2023
Ares(2023)3435411
Brussels Motor Show in Heysel 19-01-
2023_Redacted
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I regret to inform you that your application
cannot be completely granted, as disclosure of some of the requested documents is prevented
by exceptions to the right of access laid down in Article 4 of this Regulation.
Please find the detailed reasons for the refusal below.
With regard to the documents 1, 3 and 4 listed above, a full 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 names/initials and contact information of Commission staff
members not pertaining to the senior management and third parties.
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 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.
Concerning documents 1 and 2, the (full) disclosure of the documents would undermine the
protection of international relations, as protected by Article 4(1)a of Regulation 1049/2001
The documents include specific information which serve as basis for current and future
discussions with Brazil about the Deforestation Regulation. The disclosure of this information
at this moment in time could have negative repercussions for the relations between EU and
Brazil, and moreover for the dialogue engaging representatives of organizations of civil
society representing the interests of economic sectors in Brazil and organizations operating
on the implementation of the European Green Deal and its external impact. Their disclosure
could limit the possibilities to come to a final agreement that preserves the EU interest. As
the negotiations are ongoing, the disclosure of the information in the document requested at
this moment in time may therefore undermine the protection of the public interest as regards
international relations.
2
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 other partners, 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 political actors.
In the light of the above, the exception laid down in Articles 4(1)a of Regulation (EC)
No 1049/2001 applies to documents 1 and 2.
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. Such an interest must, firstly,
be public and, secondly, outweigh the harm caused by disclosure. 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(3), first and third indent of Regulation (EC)
No 1049/2001.
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 sincerely,
Kurt Vandenberghe
Director-General
1
https://www.ec.europa.eu/transparency/documents-request
3
Electronically signed on 01/06/2023 11:19 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
