Ref. Ares(2021)4726386 - 22/07/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
CLIMATE ACTION
Legal Affairs, Inter-Institutional Relations & Communication
Brussels
Barnaby Pace
Global Witness
Rue Belliard 53
1000 Bruxelles
Belgique
Email: ask+request-9604-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2021/3887
Dear Mr Pace,
We refer to your e-mail dated 7 June 2021 in which you make a request for access to
documents, registered on 14 June 2021 the same day under the above-mentioned
reference number.
You requested 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 May 5 between Frans Timmermans and Shell Companies”.
DG CLIMA has identified the following documents within the scope of your application.
Author
Date
Reference
1
European
18 March 2021
Commission/Shell
Ares(2021)4124314
2
European Commission
5 May 2021
Ares(2021)4443016
3
Shell
10 March 2021
Ares(2021)1755894
4
Shell
10 March 2021
Ares(2021)1755894
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Following an examination of the documents under the provisions of Regulation (EC) No
1049/2001, I regret to inform you that a complete disclosure of the 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 it contains: names
and contact information of Commission staff members not pertaining to the senior
management; names and contact details of other natural persons and other information
relating to an identified or identifiable natural person.
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 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 document 2 was drawn up for internal use under the responsibility of the
relevant official of the European Commission. It solely reflects the author'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 within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-signed)
Luca DE CARLI
2
