Ref. Ares(2020)1912449 - 03/04/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
CLIMATE ACTION
The Director-General
Brussels
CLIMA.DG01
By registered letter with acknowledgment of receipt
Danny Magill
InfluenceMap,
40 Bermondsey Street
London J4Y 0B5
United Kingdom
Advance copy by email: ask+request-7757-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2020/1422
Dear Mr Magill,
We refer to your e-mail dated 10 March 2020 in which you make a request for access to
documents, registered on the same day under the above-mentioned reference number.
You request access to “
documents which contain the following information:
1. Between representatives of Japan Automobile Manufacturers Association, Inc.
European Office (JAMA European Office) and Director General Raffaele Mauro
Petriccione on the 18/02/2020.
2. Between representatives of Association des Constructeurs Européens d'Automobiles
(ACEA) and Director General Raffaele Mauro Petriccione on the 17/10/2019.
3. Between representatives of Tesla Motors Netherlands B.V. (Tesla) and Director
General Raffaele Mauro Petriccione on the 09/07/2019”.
Your application concerns the following documents:
Author
Date
Reference
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BU-24 3/087 - Tel. direct line +32 229-61666
xxxxx.xxxxxxxxxxx@xx.xxxxxx.xx
1 European Commission
21 October 2019
Ares(2019)6481722
2 European Commission
20 February 2020
Ares(2020)1084201
3 ACEA
13 September 2019
Ares(2020)1522095
4 JAMA/European
5 February 2020
Ares(2020)1522028
Commission
5 ACEA
6 September 2019
Ares(2020)1522095
6 TESLA
18 June 2019
Ares(2020)1522265
7 European Commission
3 September 2019
Ares(2019)5542837
Please find the documents enclosed with this letter. However, I regret to inform you that I
cannot give you access to some parts of the documents 1-4 and 6-7.
A complete disclosure of the documents 1-4 and 6-7 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: 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 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.
Moreover, the Commission has received some of the documents listed above from third
parties. In accordance with Article 4(4) of Regulation (EC) No 1049/2001, my service
has consulted those third parties concerning the disclosure of the requested documents
emanating from them. During the course of this consultation, the author of document 4
considered that some parts of the documents could undermine the protection of their
commercial interests. Therefore, the exception laid down in Article 4(2) first indent of
Regulation (EC) No 1049/2001 applies to some parts of this document.
2
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)
Mauro PETRICCIONE
3
Electronically signed on 31/03/2020 20:12 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
