Ref. Ares(2023)6897119 - 11/10/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR ENERGY
Directorate C – Green Transition and Energy System Integration
C.3 – Internal Energy Market
Brussels 11.10.2023
ENER.C.3/KD/ENER.C.3
Mr Olivier Petitjean
2 impasse Delaunay
F-75011 Paris
Email: ask+request-11750-
xxxxxxxx@xxxxxxxx.xxx
Subject: Second reply to 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, in addition to our reply of 2 February 2022, with
reference: Ares(2023)766948, following a contribution received from the cabinet of Commissioner
Simson with regard to
points 3 and 4 of your request, I am glad to inform you that we identified
further documents, which can be disclosed, subject only to the redaction of personal data.
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;
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
DM24 06/088 – Tel. direct line +32 229-55822;
- handwritten signatures/abbreviated signatures of natural persons;
- other information relating to an identified or identifiable natural person
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.
Please note that
documents numbered 2, 3 and 5 originating from third parties are disclosed to
you based on Regulation (EC) No 1049/2001. 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.
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 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 portal2 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,
(e-signed)
Christof LESSENICH
Head of Unit
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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https://www.ec.europa.eu/transparency/documents-request
2
Annexes:
DATE
ORGANISATION
Registration number
1. 18.01.2021
Cefic meeting request
Ares(2021)432582
2. 27.01.2021
Cefic email exchanges
Ares(2021)671654
3. 15.02.2021
Meeting Minutes of the meeting
Ares(2021)13262433
between Cefic and Kitti Nyitrai
(Cabinet member), Kadri Simson
(Commissioner)
4. 15.02.2021
Breifing for the meeting between Basis 3994
Cefic and Kitti Nyitrai (Cabinet
member), Kadri Simson
(Commissioner)
5. 03.03.2022
Meeting request Shell
Ares (2023)541156
6. 17.03.2022
Meeting Minutes Shell
Ares(2023)29448565
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.
5 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 10/10/2023 18:11 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
3