Ref. Ares(2021)7198253 - 23/11/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
CLIMATE ACTION
The Director-General
Brussels
CLIMA.DG
Ben Youriev
1 Long Ln,
London SE1 4PG,
United Kingdom
Advance copy by email: ask+request-9911-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2021/5384
Dear Mr Youriev,
We refer to your e-mail dated 2 September 2021 in which you make a request for access
to documents, registered on 7 September 2021 under the above-mentioned reference
number.
You requested access to:
“
i.
All correspondence, including emails, sent and received since 01/01/2020,
between the Commissioner for Climate Action, his cabinet, his officials, and any
other representatives of DG CLIMA, and representatives from Toyota (Toyota
Motor Corporation);
ii.
List of meetings, including the meeting’s minutes, since 01/01/2020, between
officials and representatives of DG CLIMA and representatives from Toyota
(Toyota Motor Corporation).”
DG CLIMA has identified several documents that fall under scope of the request, the list of
identified documents is annexed to this letter.
Following an examination of the documents under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents and taking into account the opinion of the
third parties, I regret to inform you that a complete disclosure cannot be granted, as
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
disclosure is prevented by exceptions to the right of access laid down in Article 4 of this
Regulation.
A complete disclosure of the 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: 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 identified
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.
As regards document 28-31, these documents relate to an ongoing decision-making
process of the Commission concerning the monitoring of CO2 emissions in the calendar
year 2020, pursuant to Article 7 of Regulation (EU) 2019/631. The disclosure is not
possible as it would reveal preliminary views and policy options which are currently
under consideration; the Commission's services must be free to explore all possible
options in preparation of a decision free from external pressure. Therefore the exception
laid down in Article 4(3) first subparagraph of Regulation (EC) No 1049/2001 applies to
this document.
As regards document 32 and 33, these documents concern eco-innovations pursuant to
Article 11 of Regulation (EU) 2019/631 and contain commercially sensitive information
of the company that submitted it. The disclosure is prevented as putting in the public
domain information concerning innovative technologies that the company is developing
would affect its competitive position on the market. Therefore the exception laid down in
Article 4(2) first indent of Regulation (EC) No 1049/2001 applies to this document.
We have considered whether partial access could be granted to these documents
requested. Unfortunately, partial access cannot be provided as any partial disclosure to
the requested documents would result in documents which would be either meaningless
or else give rise to misinterpretations, confusion and undue speculations.
Please note that the list of meetings of the Executive Vice-President Timmermans, his
Cabinet and the meetings of the Director-General of DG CLIMA with organisations and
self-employed individuals are available in the links enclosed below:
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http://ec.europa.eu/transparencyinitiative/meetings/meeting.do?host=d41e42be-7ff1-4635-
bb4f-e47d38f886ed
http://ec.europa.eu/transparencyinitiative/meetings/meeting.do?host=f1afd532-0d40-
4dcd-8e45-667b57075377 http://ec.europa.eu/transparencyinitiative/meetings/meeting.do?host=ec1ecb7e-2615-
44eb-895b-6b08637c2a0d
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 Secretariat-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 sincerely,
(e-signed)
Mauro PETRICCIONE
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Electronically signed on 22/11/2021 17:43 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482