Ref. Ares(2020)6509876 - 09/11/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR FINANCIAL STABILITY, FINANCIAL SERVICES AND CAPITAL
MARKETS UNION
The Director-General
Brussels
fisma.ddg.d.1(2020)6843926/CP
Ms Jana LEUTNER
50 Annenstrasse
10179 Berlin
Germany
By registered letter with acknowledgement of
receipt Advanced copy per e-mail
xxxx.xxxxxxx@xxxxxxxxxx.xxx; xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Madam,
Subject:
Your application for access to documents – GESTDEM 2020/5968
We refer to your e-mail of 07/10/2020 (submitted via the AsktheEU.org website platform) in which
you make a request for access to documents, registered on 07/10/2020 under the above-mentioned
reference number.
You request access to:
“1.
The interims study by BlackRock that is due regarding the contract on "Development of Tools and
Mechanisms for the Integration of ESG Factors into the EU Banking Prudential Framework and into
Banks' Business Strategies and Investment Policies".
The tender specifications state that "the interim study shall be submitted by the contractor to the
contracting authority within 6 months after the date on which the contract entered into force." as the
contract award notice was published in April 2020, the interim study should be out in October 2020.
2.
The comments by DG FISMA and if relevant other directorates in the European Commission on
the interim study as soon as they are out.
The tender specifications state that "the contracting authority will comment on the document
submitted within 30 days after the date of its reception.”
Your application concerns the following documents:
1. Preliminary draft interim study “
Development of tools and mechanisms for the integration of
environmental, social and governance (ESG) factors into the EU banking prudential framework
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
and into banks' business strategies and investment policies” as submitted by BlackRock
Investment Management Ltd to the European Commission’s services on 1 October 2020.
2. Comments made by the European Commission’s services on the document mentioned at point
(1) above.
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 granted, as
disclosure is prevented by exceptions to the right of access laid down in Article 4 of that Regulation.
The documents which you seek to obtain relate to a decision which has not yet been taken by the
Commission (approval or rejection of the interim report).
Disclosure of the documents requested would also undermine the protection of the decision-making
process of the Commission, as it would reveal preliminary views and policy options which are currently
under consideration; the Commission's services must be free to explore all possible options in
preparation of a decision free from external pressure. Therefore the exception laid down in Article 4(3)
first subparagraph of Regulation (EC) No 1049/2001 applies to this document.
We have considered whether partial access could be granted to the documents requested. For the
document mentioned under the point (1) above, access could be granted to the final form, as approved
by the Commission’s services. For the document mentioned under point (2) above, the exception laid
down in Article 4(3) first subparagraph of Regulation (EC) No 1049/2001 would still apply.
The exceptions laid down in Article 4(2) and 4(3) of Regulation (EC) No 1049/2001 apply unless there
is an overriding public interest in disclosure of the documents. We have examined whether there could
be an overriding public interest in disclosure, but we have not been able to identify such an interest.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make 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 Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx.
Yours faithfully,
John BERRIGAN
(e-signed)
2
Electronically signed on 08/11/2020 14:03 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482