Ref. Ares(2021)4296942 - 01/07/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR ENERGY
The Director-General
Brussels,
ener.B.4(2021)4719924
By registered e-mail with acknowledgment of
receipt
Mr Timo Richter
ask+request-9507-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2021/3258
Dear Sir,
We refer to your e-mail dated 17/05/2021 in which you make a request for access to
documents, registered on 19/05/2021 under the above mentioned reference number.
You request access to all documents exchanged and presented within the framework of
the Electricity Coordination Group (ECG) for the following meetings:
ECG meeting on 17.11.2020
ECG meeting on 16 October 2020
ECG meeting on 22 September 2020
Ad-hoc ECG Meeting 7th September 2020
ECG meeting on 5 June 2020
ECG Meeting on 22 November 2020
ECG meeting on 10 July 2020
ECG meeting on 23 January 2020
ECG meeting 10 July 2018
ECG meeting 18 January 2018
ECG meeting 13 June 2017
ECG meeting 14 February 2017
Your application concerns the documents included in the list contained in the annex to this
letter.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: DM24 04/084 - Tel. direct line +32 229-62496
xxxxx.xxxxxxxxxxxxxxx@xx.xxxxxx.xx
We are glad to inform you that you can have full access to the documents requested and
described in section I of the above-mentioned list. We enclose a copy of these documents.
We are also glad to inform you that you can have wide partial access to the documents
contained in section II of the above mentioned list, subject only to 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;
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 argument 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, having examined the documents requested and contained in section III of the
above mentioned list under the provisions of Regulation (EC) No 1049/2001 regarding
public access to documents, I regret to inform you that your application cannot be granted to
those documents, as disclosure is prevented by exception to the right of access laid down in
Article 4 of this Regulation.
The documents which you seek to obtain regarding the regional electricity crisis scenarios
identified by the European Network of Transmissions System Operators for Electricity
(‘ENTSO-E’) describe risk scenarios, their relevance for different Member States and likely
impacts, from operational to structural or related to systemic degradation. Consequently,
disclosing such information and related documents could point to vulnerabilities that could
be exploited to damage security of supply and ultimately undermine public security.
Therefore the exception laid down in Article 4(1) first indent of Regulation (EC) No
1049/2001 applies to these documents.
Additionally, the authors of the documents “Romania cold spell” (ECG meeting on 13 June
2017) and ‘Austria emergency exercise’ (ECG meeting on 10 July 2018) objected to
disclosure of the documents. Regarding the document ‘Romania cold spell” the authors
argue that because of the nature of the data presented, the security of the national energy
system of Romania could be jeopardised. Regarding the document ‘Austria emergency
exercise’, the document identifies areas where further action is needed to optimise crisis
management. There are therefore objections to disclosure on the basis of the sensitive nature
of this information also as regards the protection of the public interest as regards public
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security. Therefore the exception laid down in Article 4(1) first indent of Regulation (EC)
No 1049/2001 applies to these documents as well.
We have considered whether partial access could be granted to the documents requested,
but they are either entirely covered by the exemption of the remaining parts, after expunging
the confidential information would be meaningless or illegible.
You may reuse public documents, which have been produced by the European
Commission or by public and private entities on its behalf based on the
Commission
Decision on the reuse of Commission documents. You may reuse the document/documents
disclosed free of charge and for non-commercial and commercial purposes provided that
the source is acknowledged and that you do not distort the original meaning or message of
the document/documents. Please note that the Commission does not assume liability
stemming from the reuse.
Please note that a document/documents 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 document/documents without the agreement of the originator, who may hold an
intellectual property right on it/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 within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
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 faithfully,
Ditte Juul Jørgensen
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Electronically signed on 01/07/2021 15:12 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482