EUROPEAN COMMISSION
Ref. Ares(2023)813653 - 03/02/2023
Ref. Ares(2023)766948 - 02/02/2023
DIRECTORATE-GENERAL FOR ENERGY
The Director General
Brussels, 02/02/2023
ENER.C.3/CL/KD/EL ENER.C.3(2022)9023124
Mr Olivier Petitjean
2 impasse Delaunay
F-75011 Paris
Email: ask+request-11750-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your access to document request Gestdem 2022/4701
Dear Mr Petitjean,
I refer to your request of 18 August 2022 for access to documents, registered the same day under
the above-mentioned reference number.
You request access to:
“All documentation (including but not limited to all email correspondence, attendance lists,
agendas, background papers, transcripts, recordings and minutes/notes) relating to the meetings
listed below:
1. Between BASF and Ditte Juul Jørgensen (Director-General) on 19th May 2022.
2. Between TotalEnergies and Ditte Juul Jørgensen (Director-General) on 17th May 2022.
3. Between Shell Companies and Tatiana Marquez Uriarte (Cabinet member), Stefano Grassi
(Cabinet member) on 17th March 2022.
4. Between Cefic and Kitti Nyitrai (Cabinet member), Kadri Simson (Commissioner) on 15th
February, 2021
5. Between Cefic and Ditte Juul Jørgensen (Director-General) on 31st January, 2021
6. Between LyonDellBasell and Dominique Ristori on 30th April 2019.”
Following an examination of the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I am glad to inform you that we identified
documents related to
points 1 and 4 of your request, which can be disclosed, subject only to the
redaction of personal data. Regarding point 1. BASF, parts of document Ares(2022)8815770,
which fall outside the scope of your request, have been redacted as well as appropriate.
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;
- handwritten signatures/abbreviated signatures of natural persons;
- other information relating to an identified or identifiable natural person.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a document has to be
refused if its disclosure would undermine the protection of privacy and the integrity of the
individual, in particular in accordance with European Union legislation regarding the protection of
personal data.
Article 9(1)(b) of the Data Protection Regulation1 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, with exception
for names of main representatives, 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.
Regarding
point 2. TotalEnergies, please note that the documents originating from third parties
and the briefing can be disclosed to you only partially. As regards two annexes of the email of
14.06.2022 (Ares(2022)4413261) of TotalEnergies:
“Note on Biomethane” and
“Note on US-EU
LNG trade” as well as part of the briefing has been redacted. Their disclosure is prevented by
exception to the right of access laid down in Article 4(2) of this Regulation as they contain
commercially sensitive business information of the company that submitted it.
The cover email and two other annexes are attached. However, this disclosure is without prejudice
to the rules on intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual property right on
them. The European Commission does not assume any responsibility from their reuse.
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.
With regard to
point 3. documents originating from Commissioner Simson and/or her cabinet, we
are awaiting contribution from the Cabinet and will be able to complement this reply only once we
receive it.
As regards the documents listed in your request under point
5, I regret to inform you that no
documents had been found. 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.
For
point 6 the briefing is attached, no other documents have been identified.
In case you would disagree with this assessment, 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.
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of
natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and
agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No
1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
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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)
Ditte Juul Jørgensen
Director General for Energy
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List of documents:
DATE
ORGANISATION
Registration number
1. 19.05.2022
Call/meeting Between BASF and Ares(2022)8815770 email exchanges
Ditte Juul Jørgensen (Director- and briefing Ares(2022)88583042
General)
2. 17.05.2022
Call/Meeting Between
Ares(2022)4413261: follow up email
TotalEnergies and Ditte Juul
after the meeting which refers to the
Jørgensen (Director-General)
meeting on 17th of May and two
annexes:
Note on Digestate for
Biomethane production, Note on the
European Union Energy Platform,
briefing
Ares(2023)5988383
3. 17.03.2022
Call/meeting between Shell
awaiting contribution from the
Companies and Tatiana Marquez
Cabinet of Commissioner Simson
Uriarte (Cabinet member),
Stefano Grassi (Cabinet member)
4. 15.02.2021
Meeting between Cefic and Kitti Email exchanges - Ares(2021)671654
Nyitrai (Cabinet member), Kadri
Simson (Commissioner)
Minutes - Ares(2021)13262434
5. 31.01.2021
Call/meeting Between Cefic and
There was no call or meeting on that
Ditte Juul Jørgensen (Director-
day with CEFIC thus no documents
General)
held
6. 30.04.2019
Meeting between LyonDellBasell
briefing - Ares(2023)143694
and Dominique Ristori
2 This document was drawn up for internal use under the responsibility of the relevant officials of the Cabinet of Commissioner Simson. 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.
3 This document was drawn up for internal use under the responsibility of the relevant officials of the Cabinet of Commissioner Simson. 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.
4 This document was drawn up for internal use under the responsibility of the relevant officials of the Cabinet of Commissioner Simson. 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.
Electronically signed on 02/02/2023 10:40 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121
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