Dear Climate Action,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

- all correspondence, including attachments (i.e. any emails, mail correspondence or telephone call notes) between DG CLIMA, including any Cabinet Members and/or officials, and Ms Nahalie Tocci

- a list of all meetings and/or calls attended by DG CLIMA, including any Cabinet Members and/or official, that were attended by Ms Nathalie Tocci as well.

The list should include:
- date, individuals attending and organisational affiliation, list of issues discussed, as well as minutes and other reports of these meetings and/or calls;

- all documents prepared for the purpose of the meetings issued both in preparation and after the meetings took place

Yours faithfully,

Myriam Douo
Friends of the Earth Europe
26 Rue d'Edimbourg,
1000 Brussels
Belgium

CLIMA-ACCESS-DOCUMENTS@ec.europa.eu, Acción por el Clima

Dear Douo,

 

Thank you for your e-mail of 12 February 2021. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 16 February 2021 under reference number GESTDEM 2021/0747.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on 9
March 2021. In case this time limit needs to be extended, you will be
informed in due course.

 

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

 

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

 

For information on how we process your personal data visit our page
containing the privacy statement on access to documents:
[1]https://ec.europa.eu/info/principles-and....

 

Yours faithfully,

 

Access to Documents team

 

European Commission

Directorate-General for Climate Action

Av. de Beaulieu 24

1049 Brussels

 

References

Visible links
1. https://ec.europa.eu/info/principles-and...

CLIMA-ACCESS-DOCUMENTS@ec.europa.eu, Acción por el Clima

1 Adjuntos

Dear Ms Douo,

 

We refer to your request for access to documents dated 12 February 2021,
registered on 16 February 2021 under the above mentioned reference number.

 

We were not in a position to complete the handling of your application
within the time limit of 15 working days, which expired yesterday.

 

In accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents we have to extend the time limit by 15 working
days, the new deadline is set 30 March 2021. We will provide a reply as
soon as possible.

 

We apologise for this delay and for any inconvenience this may cause.

 

Sincerely,

 

Access to Documents team

 

    

European Commission

Directorate-General for Climate Action

Av. de Beaulieu 24

1049 Brussels

CLIMA-ACCESS-DOCUMENTS@ec.europa.eu, Acción por el Clima

2 Adjuntos

Dear Ms Douo,

 

Enclosed please find a copy of our reply.

 

According to standard operational procedure, the reply is usually also
sent to you by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during to
the COVID-19 epidemics, which include the requirement for all Commission
non-critical staff to telework, we are unfortunately not in a position to
follow this procedure until further notice.

 

We would therefore appreciate if you could confirm receipt of the present
e-mail by replying to [1][email address].

 

Kind regards,

 

Access to Documents team

 

    

European Commission

Directorate-General for Climate Action

Av. de Beaulieu 24

1049 Brussels

References

Visible links
1. mailto:[email address]

Dear Climate Action,

Please pass this on to the person who reviews confirmatory applications.
I am filing the following confirmatory application with regards to my access to documents request 'Interactions with Ms Nathalie Tocci'.
In your response to my request you mention Article 4(1)(b) of Regulation (EC) No 1049/2001 concerning the protection of privacy and the integrity of the individual to refuse me access to the two documents you possess that fall under the scope of my request.
First of all, I believe there the law was misquoted in your decision. You mention “Article 9(1)(b) of the Data Protection Regulation” as grounds to refuse disclosure of the documents I requested. However, there is no article 9(1)(b) of the Data Protection Regulation. Would you please clarify and correctly reference the disposition you are basing your reasoning on?
Second, I would like to address the point on personal data. You mention the name of the individual that my request covers as a person whose name is considered personal data. It is interesting to state that I have placed a number of access to document requests covering the name of Nathalie Tocci and her interactions with various DGs of the European Commission and have always received the information (see especially here : https://www.asktheeu.org/en/request/docu... and here: https://www.asktheeu.org/en/request/appo...) after consent from Ms Tocci.
As the General Court of the European Union stated, if comparable documents are in the public domain, disclosure of the contested documents cannot be withheld (Case T-167/10, paras. 87-88). Indeed, the Commission failed to demonstrate that disclosing this information would cause harm, as disclosure of the many comparable documents containing the same data did not cause any.
My request is of public interest and it should override the need for data protection of Ms Tocci’s name. Ms Tocci was appointed special adviser to Vice President Josep Borrell in 2020. She has declared very questionable side activities (one of them being her position as non-executive director of ENI) and measures were taken by the EEAS to limit Ms Tocci’s interactions with various DGs. I am therefore monitoring Ms Tocci’s interactions with the Commission to assess whether those measures have been implemented.
Minimizing conflict of interest among special advisors have been deemed important by the European Parliament (https://www.europarl.europa.eu/RegData/e...) and the European Ombudsman (https://www.ombudsman.europa.eu/en/decis...) , as even the perception of conflict of interest can lead to a lack of trust in EU institutions.
In assessing this existence of perception of conflicts of interest, transparency is obviously of the essence.
That is why the disclosure of these documents is of public interest and necessary for public scrutiny of EU institutions.
If you are not able to disclose the entirety of the documents, I would request you consider partial disclosure.
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/inte...

Yours faithfully,

Myriam Douo
Friends of the Earth Europe
26 Rue d'Edimbourg,
1050 Brussels
BELGIUM

ve_sg.accessdoc (SG), Acción por el Clima

[1]Ares(2021)2476724 - RE: Internal review of access to documents request
- Interactions with Ms Nathalie Tocci

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Madam,

Thank you for your email dated 12/04/2021 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
CLIMA in reply to your initial application GESTDEM 2021/747.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 12/04/2021 (Ares(2021)2476319).

Your application will be handled within 15 working days (03/05/2021). In
case this time limit needs to be extended, you will be informed in due
course.

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

Yours faithfully,

Access to documents team (cr)
SG.C.1
Transparency

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