EUROPEAN COMMISSION
Brussels, 14.12.2021
C(2021) 9637 final
Ms Belen Balanya
Corporate Europe Observatory
Rue d'Edimbourg 26
1050 Brussels
Belgium
DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE
IMPLEMENTING RULES TO REGULATION (EC) NO 1049/20011
Subject: Your confirmatory application for access to documents – GESTDEM
2021/3564
Dear Ms Balanya,
I am writing in reference to your email of 4 October 2021, registered on the next day, by
which you lodge a confirmatory application in accordance with Article 7(2) of Regulation
(EC) No 1049/2001 regarding public access to European Parliament, Council and
Commission documents2 (hereafter ‘Regulation (EC) No 1049/2001’).
Through your initial application of 31 May 2021, you requested access to, I quote,
‘1- all correspondence (including email) between 1st january 2021 and 31st May 2021
between Commissioner Timmermans, President van der Leyen, and/or their cabinets and/or
officials from DG Clima and Secretariat General on one hand and representatives of
Concawe/FuelsEurope, IOGP (International Association of Oil & Gas Producers, Eurogas,
Cefic (European Chemical Industry Council), Business Europe, ERT (European Roundtable
of Industrialists), IETA (International Emissions Trading Association), Hydrogen Europe,
CEPS, Eurogas, Kangaroo Group, American Chamber of Commerce, British Chamber of
Commerce | EU & Belgium (Britcham), ZEP Zero Emissions Platform , European Energy
Forum, Friends of Europe, Bruegel, International Chamber of Commerce, Global Oil and
Gas Industry Association for Environmental and Social Issues (IPIECA), Oil Council,
World Petroleum Council and/or Confindustria on the other, where the issues of COP26
was addressed.
1
OJ L 345, 29.12.2001, p. 94.
2
OJ L145, 31.05.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
2 - list of meetings/videocalls/calls between between 1st january 2021 and 31st May 2021
between Commissioner Timmermans, President van der Leyen, and/or their cabinets and/or
officials from DG Clima and Secretariat General on one hand and representatives of
Concawe/FuelsEurope, IOGP (International Association of Oil & Gas Producers, Eurogas,
Cefic (European Chemical Industry Council), Business Europe, ERT (European Roundtable
of Industrialists), IETA (International Emissions Trading Association), Hydrogen Europe,
CEPS, Eurogas, Kangaroo Group, American Chamber of Commerce, British Chamber of
Commerce | EU & Belgium (Britcham), ZEP Zero Emissions Platform , European Energy
Forum, Friends of Europe, Bruegel, International Chamber of Commerce, Global Oil and
Gas Industry Association for Environmental and Social Issues (IPIECA), Oil Council,
World Petroleum Council and/or Confindustria on the other, where the issues of COP26
was addressed.
3 - minutes of the meetings/videocalls/calls mentioned above.’
In its initial reply of 13 September 2021, the European Commission’s Directorate-General
for Climate Action identified 49 documents falling within the scope of your request in an
annex attached to the decision. It granted wide partial access to the identified documents,
subject to the redaction of personal data under Article 4(1)(b) (protection of privacy and the
integrity of the individual) of Regulation (EC) No 1049/2001.
As regards point ii) of your request , the Directorate-General for Climate Action informed
you that the list of meetings of the Executive Vice-President Timmermans, his Cabinet and
the Director-General of the Directorate-General for Climate Action with organisations and
self-employed individuals is publicly available and provided you with the links.
Indeed, the Members of the Commission shall make public information on all meetings held
by them and members of their Cabinet with organisations or self-employed individuals on
issues relating to policy-making and implementation in the Union in accordance with the
Commission Decision 2104/839/EU, Euratom of 25 November 20143. The same obligation
applies to officials of the European Commission having the status of Director-General in
accordance with the Commission Decision 2104/838/EU, Euratom of 25 November 20144.
Please note that the same obligation does not apply to lower-ranking officials, not forming
part of the senior management of the European Commission.
The Directorate-General for Climate Action further informed you that since your request
covers various topics, it has been split between different Commission services5. Please note
that the present confirmatory decision provides the review of the reply of the Directorate-
General for Climate Action.
In your confirmatory application, you challenge the absence of additional documents, as far
as meetings between lower-ranking Commission officials and representatives of the
3 OJ L 343, 28.11.2014, p. 22–24
4 OJ L 343, 28.11.2014, p. 19–21
5 Gestdem 2021-3540 was handled by the Secretariat-General.
2
companies in question are concerned. In particular you argue that ‘in [your] original request
[you] asked for meetings also of officials from DG Clima and Secretariat General.
Commissioners, members of Cabinets and Directors Generals are a very limited part of the
Commission officials, and lobbyists meets even more often with lower level officials whose
meetings are not declared […]. [You] accordingly urge [the Commission] to disclose the
requested information in the shortest time possible.’
Against this background, the Secretariat-General of the European Commission has carried
out a renewed search for the documents requested.
The Secretariat-General sent you a clarification request regarding the scope of your
confirmatory application on 11 October 2021 and a reminder on 14 October 2021, to which
you replied on 7 November 2021. You specified in your reply that your confirmatory
application is limited to points ii) and iii) of your initial application, concerning the list of
meetings of lower-ranking Commission officials with representatives of the companies in
question and the minutes of those meetings.
Following this renewed search, I would like to inform you that the European Commission
does not hold any documents that would fall within the scope of your request in addition to the
documents that were already identified and partially disclosed at the initial stage.
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,
that is to say, documents drawn up or received by it and in its possession, in all areas of
activity of the European Union.
The Court of Justice held that ‘the right of access to documents of the institutions applies
only to existing documents in the possession of the institution concerned and […]
Regulation No 1049/2001 may not be relied upon to oblige an institution to create a
document which does not exist. It follows that, […], an application for access that would
require the Commission to create a new document, even if that document were based on
information already appearing in existing documents held by it, falls outside the framework
of Regulation No 1049/2001’6.
Other than the publicly available information on meetings of the Director-General –
accessible via the public links – the Directorate-General for Climate Action does not hold
any minutes or a list of meetings of its staff, not forming part of the senior management of
the institution, with the representatives of the specific organisations and self-employed
individuals in which you are interested.
The General Court held in Case T-468/16 (
Verein Deutsche Sprache v
Commission) that
there exists a presumption of lawfulness attached to the declaration by the institution
6 Judgment of the Court of Justice of 11 January 2017,
Typke v
European Commission, C-491/15 P,
EU:C:2017:5, paragraph 31.
3
asserting that documents do not exist7. This presumption continues to apply, unless the
applicant can rebut it by relevant and consistent evidence8. The Court of Justice, ruling on
an appeal in Case C-440/18 P, has confirmed these conclusions9.
In your confirmatory application, you did not provide evidence that the institution is in
possession of documents corresponding to the description provided in your confirmatory
request.
Given that the European Commission does not hold any additional documents falling within
the scope of your application, it is not in a position to fulfil your request.
Finally, I draw your attention to the means of redress available against this decision. You
may either bring proceedings before the General Court or file a complaint with the
European Ombudsman under the conditions specified respectively in Articles 263 and 228
of the Treaty on the Functioning of the European Union.
Yours sincerely,
For the Commission
Ilze JUHANSONE
Secretary-General
7 Judgment of the General Court of 23 April 2018,
Verein Deutsche Sprache v
Commission, T-468/16,
EU:T:2018:207, paragraphs 35-36.
8
Ibid.
9 Order of the Court of Justice of 30 January 2019,
Verein Deutsche Sprache v
Commission, C-440/18 P,
EU:T:2018:207, paragraph 14.
4
