Ref. Ares(2023)4320958 - 22/06/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR ENERGY
The Director-General
Brussels, 22/06/2023
MP ener.a.1(2023)6342831
Ms Paula Castro
1 Long Ln
London, SE1 4PG
United Kingdom
By email: ask+request-11140-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – ATD 2022/2388 - integration
Dear Ms Castro,
We refer to your e-mail of 27 April 2022 in which you make a request for access to
documents, registered on 27 April 2022 under the above-mentioned reference number.
You request 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 between:
1. SnamS.p.A.(Snam) EniS.p.A. and Director-General Ditte Juul Jorgensen on
16/03/2022
2. Enagás S.A. and Cabinet members of Commissioner Kadri Simson on 25/03/2022
3. Shell Companies(Shell) and Cabinet members of Commissioner Kadri Simson on
04/03/2022
4. Shell Companies(Shell) and Cabinet members of Commissioner Kadri Simson on
17/03/2022
5. ENEL SpA and Cabinet members of Commissioner Kadri Simson on 22/03/2022
You have already received a first initial reply on 22 December 2022 that we can now
complement with the contribution received from the Cabinet.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Office: DM24 08/084 – Tel. direct line +32 229-62496
Your application concerns these additional documents:
Nr Stakeholder
Ares
Date
Title
1
Shell
Ares(2023)2946252 36/04/2023 MINUTES - SG call with Shell -
04/03/2022
2
Shell
Ares(2023)541156
03/03/2022 MEETING REQUEST [SG] 17-
18/03/2023 Brussels BE with
Shell
3
Shell
Ares(2023)2944856 36/04/2023 MINUTES - Meeting SG-TMU
17/03/2022 - Shell
4
ENEL SpA
Ares(2023)1849903 21/03/2022 Re:
Price
Cap
-
Counter
arguments and Defence points
5
ENEL SpA
Ares(2023)1849903 21/03/2022 2022_03_15_European Natural
Gas Market - Brussels views v.2
6
ENEL SpA
Ares(2023)3454380 23/03/2022 MINUTES: Meeting SG-ENEL -
22/03/2022
7
Enagás
Ares(2022)1751107 09/03/2022 Letter from newly appointed
Enagás CEO Arturo Gonzalo
8
Enagás
Ares(2022)1751107 09/03/2022 20220309.
European
Commission, Kadri Simson
9
Enagás
Ares(2022)5347533 25/03/2022 Minutes of the informal meeting
25/03/2022
between
Tatiana
Marquez Uriarte and Enagas
representative in Brussels
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I have come to the conclusion that
documents n. 1-4 and 6-9 listed above may be partially disclosed.
In fact, 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
2
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 n. 1-4 and 6-9, 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.
Access is granted to minutes of meetings with external parties. These documents were
drawn up for internal use under the responsibility of the relevant service. They solely
reflect the service’s interpretation of the interventions made and do not set out any
official position of the third parties to which the documents refer. They do not reflect the
position of the Commission and cannot be quoted as such.
With reference to document n.1, please note that Shell’s decision on a phased withdrawal
from Russian hydrocarbons in line with government guidance and to exit the downstream
business in Russia was communicated to Stefano Grassi at a later date, further to a
decision by the board of Shell on 8 March. Therefore, the sentence
explained that Shell
would stop any involvement with investment in Russian hydrocarbons, from oil to gas
and LNG, in a phased manner. It would also shut down operations in Russia, for service
stations or aviation fuels refers to a separate conversation further to the decision of
Shell’s board on 8 March.
Moreover, in the same document part of the second paragraph has been redacted since
disclosure of the redacted part would undermine the protection of commercial interests of
a natural or legal person and is therefore prevented by the exception laid down in Article
4(2), first indent, of Regulation (EC) No 1049/2001. According to Shell, which has been
consulted on the disclosure of the minutes, the redacted part contains commercially
sensitive business information, also in view of the fact that it does not correctly reflect
the position of Shell.
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 to the Secretariat-General of the
Commission within 15 working days upon receipt of this letter. You can submit it in one of
the following ways:
by asking for a review via your portal1 account (available only for initial requests
submitted via the portal account),
1
https://www.ec.europa.eu/transparency/documents-request
3
or by mail:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Ditte Juul Jørgensen
4
Electronically signed on 21/06/2023 17:46 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121