Ref. Ares(2023)6476626 - 25/09/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR TRADE

Directorate R – Resources, Interinstitutional Relations, Communications and Civil Society
  Transparency, Civil Society and Communication
Brussels,
TRADE.R.3/(2023)9902371
Ms Marie Milet
1 Long Lane London SE1 4PG
United Kingdom

By email only –with request for
explicit acknowledgment of receipt
by email reply:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – EASE 2023/4921
Dear Ms Milet,
I refer to your application dated 17 August 2023, registered on 18 August 2023 under the
above  mentioned  EASE  reference  number,  in  which  you  make  a  request  for  access  to
documents under Regulation (EC) No 1049/20011 (‘Regulation 1049/2001’).
1.
SCOPE OF YOUR REQUEST
You have been requesting public access to the following documents:

“All  documentation,  including  but  not  limited  to  attendance  lists,  agendas,
background  papers,  minutes/notes  and  email  correspondence  about  or
summarising, the following:
2.  Meeting  titled  "Critical  Raw  Materials  package"  between  ExxonMobil
representatives and Valdis Dombrovskis, Executive VicePresident on 16/02/2023.”

We have identified two documents falling within the scope of your request:

1   Regulation  (EC)  No 1049/2001  of  the  European  Parliament  and  of  the  Council  of  20 May 2001
regarding public access to European Parliament, Council and Commission documents (Official Journal
OJ L 145, 31.5.2001, p. 43).
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111

01 – Ares(2023)1224824 – Meeting Minutes;
02 – Ares(2023)1224824 – Meeting Speech;
2.
ASSESSMENT AND CONCLUSIONS UNDER REGULATION 1049/2001
Having  examined  the  requested  documents  under  the  applicable  legal  framework,  I  am
pleased to grant you partial access to document 1, with only personal data redacted, and
full access to document 2.
A  complete  disclosure  of  document  1  is  prevented  by  the  exception  concerning  the
protection  of  privacy  and  the  integrity  of  the  individual  outlined  in  Article 4(1)(b)  of
Regulation 1049/2001 (for details please see below).
Copies of the accessible documents are enclosed to the present letter.
2.1.
Protection of privacy and the integrity of the individual – Article 4(1)(b) of
Regulation 1049/2001
2.1.1.  ‘Personal data’
We disclose document  1 only  partially,  as it contains  certain  personal  data, which  must
be redacted in accordance with Article 4(1)(b) of Regulation 1049/2001, namely:

–  the names/initials and contact information of Commission staff members not pertaining
to the senior management;

To  this  regard  Article 4(1)(b)  of  Regulation 1049/2001  provides  that  ‘[t]he  institutions
shall  refuse access  to  a document  where disclosure would  undermine the protection of:
[…]  privacy  and  the  integrity  of  the  individual,  in  particular  in  accordance  with
Community legislation regarding the protection of personal data’.
The  applicable  legislation  in  this  field  is  Regulation (EU)  No 2018/17252  (hereafter
‘Regulation 2018/1725’ or ‘Data Protection Regulation’).
Article 3(1) of Regulation 2018/1725 provides that personal data means ‘any information
relating  to  an  identified  or  identifiable  natural  person  […]’.  The  Court  of  Justice  has
specified that any information, which by reason of its content, purpose or effect, is linked to
a particular person is to be considered as personal data.3 Please note in this respect that the
names,  signatures,  functions,  email  addresses,  telephone  numbers  etc.,  and/or  initials
pertaining to staff members of an institution are to be considered personal data4, as well

2   Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of  personal data by the Union institutions,
bodies,  offices  and  agencies  and  on  the  free  movement  of  such  data,  and  repealing  Regulation  (EC)
No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
3  Judgment  in  Peter  Novak  v  Data  Protection  Commissioner,  case  C-434/16,  points 33-35,
ECLI:EU:T:2018:560.
4  Judgment in Port de Brest v Commission, case T-39/17, points 43-44, ECLI:EU:T:2018:560.
2

as those of individuals belonging to third parties. As already indicated above, document 1
contains such personal information.
2.1.2.  Question of ‘transfer’ of personal data and conclusion
Article 9(1)(b) of Regulation 2018/1725 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 1049/2001, access
cannot be granted to the personal data, 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.
2.2.
Disclaimer(s)
You may reuse public documents, which have been produced by the European Commission
or  by  public  and  private  entities  on  its  behalf,  based  on  Commission
Decision 2011/833/EU  of  12 December 2011  on  the  re-use  of  Commission  documents5.
You  may  reuse  the  documents  disclosed  free  of  charge  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  documents.  Please  note  that  the
Commission does not assume any liability stemming from the reuse.
Finally,  document 1  was  drawn  up  under  the  responsibility  of  the  relevant  official.  It
solely  reflects the  author's interpretation  of the interventions made  and does not set  out
any  official  position  of  the  third  parties  to  which  the  document  refers,  which  were  not
consulted on their content. They do not necessarily reflect the position of the Commission
and, therefore, cannot be quoted as such.
3.  POSSIBILITY OF A CONFIRMATORY APPLICATION
In  accordance  with  Article 7(2)  of  Regulation 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, either by
•  by asking for a review via your portal6 account (available only for initial requests
submitted via the portal account), or

5
OJ L 330, 14.12.2011, p. 39.
6
https://www.ec.europa.eu/transparency/documents-request
3

•  by email to xxxxxxxxxx@xx.xxxxxx.xx, or
•  by letter post to the following address:
European Commission
Secretariat-General
‘Transparency, Document Management & Access to Documents’ (unit SG C.1)
BERL 7/76
Rue de la Loi 200/Wetstraat 200
1049 Brussels
BELGIUM.
Yours sincerely,
[Electronically signed]
Maud LABAT
Head of Unit
Enclosure(s):
List of documents,
2 documents (of which one redacted)
4
Electronically signed on 20/09/2023 17:51 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121

Document Outline