Ref. Ares(2022)5847967 - 22/08/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
CLIMATE ACTION
Directorate A – Strategy, Analysis and Planning
CLIMA.A.1 – Strategic Coordination, Legal & Institutional
Brussels
Kalina Dimitriew
1 Long Lane
SE1 4PG London
United Kingdom
Email
: ask+request-11649-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2022/4348
Dear Ms Dmitriew,
We refer to your e-mail dated 28 July 2022 in which you make a request for access to
documents, registered on 29 July 2022 under the above-mentioned reference number.
You requested access to: “
All documentation, including, but not limited to, attendance
lists, agendas, background papers, minutes/notes and email correspondence about or
summarising, the following meetings of Commissioner Frans Timmermans and DG
CLIMA and their cabinet with multiple organisations.
1. Meeting with Volkswagen Aktiengesellschaft (VOLKSWAGEN AG) on
24/05/2022 about the European Green Deal and Fit For 55.
2. Meeting with Lufthansa Group (LHG) on 01/03/2022 about the Fit-for-55
package and the airline’s contribution to the EU’s climate goals.
3.
Meeting with Volvo Car Corporation AB (Volvo Cars) on 31/05/2022 about
Volvo’s position on decarbonising transport”.
DG CLIMA has identified two documents within the scope of the application:
1. Ares(2022)5472025 – email exchange between Volvo Cars and the European
Commission;
2. Ares(2022)5555465 – email exchange between Lufthansa Group and the European
Commision.
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 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
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
contain: 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.
As regards the first point mentioned in your initial request, which corresponds to a meeting
between Volkswagen Aktiengesellschaft (VOLKSWAGEN AG) on 24 May 2022,
DG CLIMA has not identified any document under the scope of your request.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as defined
in that regulation applies only to existing documents in the possession of the institution.
Given that no such documents, corresponding to this meeting, are held by the Commission,
we regret to inform you that the Commission is not in a position to fulfil your request as
regards point 1) of your request.
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,
(electronically signed)
Luca DE CARLI
Head of Unit
2
Electronically signed on 22/08/2022 09:49 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121