EUROPEAN COMMISSION
Brussels, 6.8.2018
C(2018) 5447 final
Mr Peter TEFFER
EU Observer
Rue Montoyer 18B
1000 Brussels
DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE
IMPLEMENTING RULES TO REGULATION (EC) NO 1049/20011
Subject: Your confirmatory application for access to documents under Regulation
(EC) No 1049/2001 - GESTDEM 2018/2670
Dear Mr Teffer,
I am writing in reference to your email of 6 July 2018, registered on 10 July 2018, by which
you lodge a confirmatory application in accordance with Article 7(2) of Regulation
1049/2001 regarding public access to European Parliament, Council and Commission
documents2 (hereafter ‘Regulation 1049/2001’).
1.
SCOPE OF YOUR APPLICATION
In your initial application of 9 May 2018, addressed to the Directorate-General for Climate
Action and registered under reference number GESTDEM 2018/2670, you requested access
to:
- ‘all documents related to the 19/2/2018 meeting(s) between [C]ommissioner Miguel
Arias Cañete and DAF Trucks N.V. (DAF); Association des Constructeurs
Européens d'Automobiles (ACEA); Daimler Aktiengesellschaft (DAI); MAN Diesel
& Turbo, branch of MAN Diesel & Turbo SE, Germany (MDT); Volvo Car
Corporation AB (Volvo Cars); Scania AB (publ) (Scania); ASOCIACIÓN
ESPAÑOLA DE FABRICANTES DE AUTOMÓVILES Y CAMIONES (ANFAC),
including but not limited to minutes, verbatim reports, e-mails, and presentations;
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Official Journal L 345 of 29.12.2001, p. 94.
2 Official Journal L145, 31.05.2001 p.43
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 229 91111
- all documents related to the 1/2/2018 meeting between [C]ommissioner Miguel
Arias Cañete and Latham & Watkins LLP, including but not limited to minutes,
verbatim reports, e-mails, and presentations;
- all documents related to the 30/1/2018 meeting between [C]ommissioner Miguel
Arias Cañete and SUEZ Group, including but not limited to minutes, verbatim
reports, e-mails, and presentations;
- all documents related to the 30/1/2018 meeting(s) between [C]ommissioner Miguel
Arias Cañete and Enagás S.A.; Fluxys SA; Snam S.p.A. (Snam S.p.A.), including
but not limited to minutes, verbatim reports, e-mails, and presentations;
- all documents related to the 10/1/2018 meeting between [C]ommissioner Miguel
Arias Cañete and Asociación Española de fabricantes de Equipos y Componentes
para Automoción (SERNAUTO), including but not limited to minutes, verbatim
reports, e-mails, and presentations;
- all documents related to the 9/11/2017 meeting between [C]ommissioner Miguel
Arias Cañete and Statoil, including but not limited to minutes, verbatim reports, e-
mails, and presentations;
[and]
- all documents related to the 2/10/2017 meeting between [C]ommissioner Miguel
Arias Cañete and Peugeot S.A., including but not limited to minutes, verbatim
reports, e-mails, and presentations.’
Through its initial reply dated 27 June 2018, the Directorate-General for Climate Action
informed you that it had identified five documents as falling within the scope of your
request. These documents relate to correspondence between Commissioner Cañete and
interest representatives referred to in your initial request.
The Directorate-General for Climate Action granted wide partial access to these documents,
subject to the sole redaction of personal data pursuant to Article 4(1)(b) (protection of
privacy and the integrity of the individual) of Regulation 1049/2001.
In your confirmatory application you question the absence of further documents, in
particular with regard to ‘minutes or other records made at any of the seven meetings’.
When assessing a confirmatory application for access to documents submitted pursuant to
Regulation 1049/2001, the Secretariat-General conducts a fresh review of the reply given at
the initial stage.
Against this background, the European Commission has carried out a renewed, thorough
search for documents that would fall under the scope of your confirmatory application as
described above.
2
Following this renewed search, I confirm that the European Commission does not hold any
further documents that would correspond to the description given in your application.
Indeed, as specified in Article 2(3) of Regulation 1049/2001, the right of access as defined
in that regulation applies only to existing documents in the possession of the institution.
Given that the European Commission does not hold any such documents corresponding to
the description given in your application, it is not in a position to fulfil your request.
Finally, I draw your attention to the means of redress available against this decision. You
may either bring proceedings before the General Court or file a complaint with the
European Ombudsman under the conditions specified respectively in Articles 263 and 228
of the Treaty on the Functioning of the European Union.
Yours sincerely,
For the European Commission
Martin SELMAYR
Secretary-General
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