Ref. Ares(2020)6373266 - 05/11/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
TAXATION AND CUSTOMS UNION
International and General Affairs
Inter-institutional relations, coordination, communication and strategic planning
Brussels,
Taxud E2/SVDV – taxud.e.2(2020)6821743
Mrs Venetia Roxburgh
40 Bermondsey Street
UK – London
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
(by e-mail)
Dear Mrs Roxburgh
,
Subject: Your application for access to documents – Ref GestDem No 2020/6180
We refer to your e-mail dated 15 October 2020 in which you make a request for access to:
“All
documentation (including but not limited to all email correspondence, attendance lists, agendas,
background papers, transcripts, recordings and minutes/notes) relating to the meeting listed below:
1. Between Maria Elena Scoppio, Cabinet member of Paolo Gentiloni and BASF on the 27th May
2020” under the above-mentioned reference number.
DG TAXUD has identified following document:
“e-mail correspondence between the Cabinet of
President Gentiloni and BASF regarding the EU ETS State Aid Guidelines on indirect cost
compensation”. Be informed that for this meeting no minutes or other documents have been drafted.
Your application has been dealt with in accordance with Regulation 1049/2001 on public access to
Commission documents. In accordance with Article 4(4) of the Regulation, the third party (BASF) was
consulted as concerns the e-mails originating from them. In particular, they have been consulted
because personal data of their representatives and staff is mentioned in the document.
Following from Regulation (EC) No 1049/2001 and based on the consultation with BASF, we have
come to the conclusion that the document may be disclosed. Some references to persons’ names and
other personal data have been redacted (see below under Personal data).
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
Office: J-79 (3/221) Telephone: direct line (32-2) 2921548
xxxx.xxxxxxx@xx.xxxxxx.xx
Personal data
The document to which you have requested access contains personal data (Commission/company
staff names and functions, telephone numbers and office addresses)
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has to be
refused if its 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 (EC) No 2018/1725. Pursuant to Article 9(1)(b) of
Regulation 2018/1725, ‘personal data shall only be transmitted to recipients established in the Union
other than Union institutions and bodies if the recipient establishes that it is necessary to have the
data transmitted for a specific purpose in the public interest and the controller, where there is any
reason to assume that the data subject’s legitimate interests might be prejudiced, establishes that it is
proportionate to transmit the personal data for that specific purpose after having demonstrably
weighed the various competing interests’.
We consider that, with the information available, the necessity of disclosing the aforementioned
personal data to you has not been established and it cannot be assumed that such disclosure would
not prejudice the legitimate rights of the persons concerned. Therefore, we are disclosing the
document requested expunged from this personal data.
You may reuse the documents requested free of charge for non-commercial and commercial
purposes provided that the source is acknowledged, that you do not distort the original meaning or
message of the documents. Please note that the Commission does not assume liability stemming
from the reuse.
Yours sincerely,
Emer Traynor
Head of Unit
Annex: as stated above
2
Electronically signed on 04/11/2020 07:31 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
