Ref. Ares(2023)1215508 - 20/02/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
The Director-General
Brussels
ENV.B.3
Venetia Roxburgh
1 Long Lane, London
By email: ask+request-12091-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – EASE 2022/7138
Dear Ms. Roxburgh,
We refer to your e-mail of 12 December 2022 in which you make a request for access to
documents, registered on 12 December 2022 under the above-mentioned reference number.
In your application 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 meeting listed below:
1. Between Eastman Chemical and Commissioner Virginijus Sinkevičius on the
2nd December 2022.
2. Between Cefic and Commissioner Virginijus Sinkevičius on the 18th November 2022.
3. Between Ørsted A/S, RWE AG (RWE AG), WindEurope, Vestas Wind Systems A/S
(VWS), IBERDROLA (IBE), and Vattenfall and Commissioner Virginijus Sinkevičius
on the 7th October 2022.
We confirm that we have identified 2 documents of meetings held with the Commissioner
Virginijus Sinkevičius above.
Your application concerns the following documents listed hereunder:
File name and
Document title
Date (if
Author /
registration number
available)
Addresses
1 –
Ares(2023)855134
Minutes Eastman
02
December Cabinet of
2022
Commissioner V.
Sinkevicius
2 –
Ares(2023)855187
Meeting Report
18
November ENV B2
2022
With regard to the documents
listed above, specifically correspondence, 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.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
In your application, you indicate that your address is
Venetia Roxburgh, 1 Long Lane, London, UK /
the request is made on your personal behalf. Transfers of personal data from the Commission to
countries that are not members of the European Economic Area (EEA), or to international
organisations are regulated under Chapter V of the Data Protection Regulation1
According to Article 47(1) of this Regulation, a transfer of personal data to a third country or an
international organisation may take place where the Commission has decided that the third country, a
territory or one or more specified sectors within that country, or the international organisation in
question ensures an adequate level of protection and where the personal data are transferred solely to
allow tasks within the competence of the controller to be carried out.
Based on the information available, it is not established that these conditions are fulfilled.
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.
Based on the information available, the country of your residence is recognised by the Commission
as ensuring an adequate level of protection.
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 requested 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.
These documents were drawn up for internal use under the responsibility of the relevant services
of the Directorate-General for future discussion and meeting. They solely reflect the services’
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.
We regret that the DG ENV does not hold any documents that would correspond to the meeting
between
WindEurope on the 7th October 2022 with Commissioner Virginijus Sinkevičius.
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 the description given in your
application, are held by the Directorate-General Environment, we are not in a position to
fulfil 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:
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.
2
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
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
Florika FINK‑HOOIJER
2
https://www.ec.europa.eu/transparency/documents-request
3
Electronically signed on 19/02/2023 18:26 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121