Ref. Ares(2021)3808824 - 10/06/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MOBILITY AND TRANSPORT
Directorate A - Policy coordination
A.4 - Legal Issues & Enforcement
Brussels
MOVE.A.4
Mr. Alex Cranston
1 Long Ln
London SE1 4PG
United Kingdom
sent by e-mail with request for
acknowledgement of receipt: ask+request-
xxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – GESTDEM 2021/3697
Dear Sir,
We refer to your e-mail dated 3 June 2021 found in the junk mail of the MOVE ACCES
DOCUMENTS functional box, in which you make a request for access to documents,
registered on 7 June 2021 under the abovementioned reference number.
You request access to the following:
“
All documentation (including but not limited to all email correspondence,
attendance lists, agendas, background papers, transcripts, recordings and
minutes/notes) relating to the meeting (…) between ExxonMobil Petroleum &
Chemical (EMPC) and Filip Alexandru & Negreanu Arboreanu (Cabinet
members of Commissioner Adina-Ioana Vălean) on 13/04/2021”.
Having examined your request, we have identified the following documents as falling
within the scope of your application:
E-mail exchange between a representative of ExxonMobil, staff and Members of
the Cabinet of Commissioner Vălean between 30 March and 19 April 2021, with
the subject matter “
ExxonMobil and Porsche test lower-carbon fuel in race
conditions”;
Presentation from ExxonMobil on Low Carbon Liquid Fuel Solutions, dated from
April 2021, sent as an attachment to the e-mail from 15 April 2021;
1-pager concerning the “
Collaboration between Porsche and ExxonMobil on
Renewable Road Fuel”, sent as an attachment to the e-mail from 19 April 2021;
1-pager concerning “
ExxonMobil Bio Marine Fuel Oil”, sent as an attachment to
the e-mail from 19 April 2021.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and Commission
documents1 (hereinafter ‘Regulation (EC) No 1049/2001’), we have come to the
conclusion that the Presentation from ExxonMobil on Low Carbon Liquid Fuel Solutions
and the 1-pagers concerning the “
Collaboration between Porsche and ExxonMobil on
Renewable Road Fuel” and “
ExxonMobil Bio Marine Fuel Oil” may be disclosed. Please
find enclosed copies of these documents.
As regards the abovementioned e-mail exchange, we have come to the conclusion that
this document may be partially disclosed. Some parts of the document have been
redacted, as their disclosure is prevented by the exception to the right of access laid down
in Article 4(1)(b) of this Regulation.
A complete disclosure of the identified document 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 it contains the following personal
data:
- the names and contact information of Commission staff members not pertaining
to the senior management;
- the names and contact details of other natural persons;
- other information relating to identified or identifiable natural persons, in
particular references to functions of natural persons, to the extent that these would
enable their identification.
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 European Union legislation regarding
the protection of personal data.
The applicable legislation in this field is 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/EC2 (hereinafter ‘Regulation (EU) 2018/1725’, or
‘Data Protection Regulation’).
In particular, Article 3(1) of Regulation (EU) 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 data3.
In its judgment in Case C-28/08 P (Bavarian Lager)4, the Court of Justice ruled that when
a request is made for access to documents containing personal data, the Data Protection
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents (OJ L 145, 31.05.2001, p. 43).
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
(OC L 205 of 21.11.2018, p. 39).
3 Judgment of the Court of Justice of the European Union of 20 December 2017 in Case C-434/16,
Peter Nowak v Data
Protection Commissioner, ECLI:EU:C:2017:994, paragraphs 33-35.
4 Judgment of 29 June 2010 in Case C-28/08 P,
Commission v Bavarian Lager, ECLI:EU:C:2010:378, paragraph 63.
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Regulation becomes fully applicable5.
In your application, you indicate that your address is in the United Kingdom. Transfers of
personal data from the Commission to countries that are not members of the European
Economic Area (EEA) are regulated under Chapter V of the Data Protection Regulation.
According to Article 47(1) of this Regulation, a transfer of personal data to a third country
or an international organisation may take place where the Commission has decided that the
third country, a territory or one or more specified sectors within that country, or the
international organisation in question ensures an adequate level of protection and where the
personal data are transferred solely to allow tasks within the competence of the controller to
be carried out. Based on the information available, it is not established that these conditions
are fulfilled.
Moreover, pursuant to Article 9(1)(b) of Regulation (EU) 2018/1725, ‘personal data shall
only be transmitted to recipients established in the Union other than Union institutions and
bodies if ‘[t]he 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’.
Only if these conditions are fulfilled and the processing constitutes lawful handling, in
accordance with the requirements of Article 5 of Regulation (EU) 2018/1725, can the
transmission of personal data occur.
According to Article 9(1)(b) of the Regulation (EU) 2018/1725, the European Commission
has to examine the further conditions for a lawful processing of personal data only if the
first condition is fulfilled, namely if the recipient has established that it is necessary to have
the data transmitted for a specific purpose in the public interest. It is only in this case that
the European Commission has to examine whether there is a reason to assume that the data
subject’s legitimate interests might be prejudiced and, in the affirmative, establish the
proportionality of the transmission of the personal data for that specific purpose after having
demonstrably weighed the various competing interests.
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. Therefore, the European
Commission does not have to examine whether there is a reason to assume that the data
subject’s legitimate interests might be prejudiced.
Notwithstanding the above, please note that there are reasons to assume that the legitimate
interests of the data subjects concerned would be prejudiced by disclosure of the personal
data reflected in the documents, as there is a real and non-hypothetical risk that such public
disclosure would harm their privacy and subject them to unsolicited external contacts.
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 abovementioned
e-mail exchange, as the need to obtain access thereto for a purpose in the public interest has
5 Whereas this judgment specifically related to Regulation (EC) No 45/2001 of the European Parliament and of the Council
of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community
institutions and bodies and on the free movement of such data, the principles set out therein are also applicable under the
new data protection regime established by Regulation (EU) 2018/1725.
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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.
Please note that documents originating from third parties are disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules
on intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual property
right on them. The European Commission does not assume any responsibility from their
reuse.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit 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 Secretary-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.
The COVID-19 outbreak undoubtedly has an impact on the process of handling access to
documents requests under Regulation (EC) No 1049/2001. Given the large-scale
teleworking of the Commission services, all replies, which should normally be sent via
registered post, currently are sent only by e-mail. In this regard, we kindly ask you to
confirm receipt of this email.
Yours faithfully,
Barbara JANKOVEC
Head of Unit
Enclosure:
E-mail exchange between a representative of ExxonMobil, staff and Members of
the Cabinet of Commissioner Vălean between 30 March and 19 April 2021, with
the subject matter “ExxonMobil and Porsche test lower-carbon fuel in race
conditions” (redacted)
Presentation from ExxonMobil on Low Carbon Liquid Fuel Solutions, dated from
April 2021, sent as an attachment to the e-mail from 15 April 2021
1-pager concerning the “Collaboration between Porsche and ExxonMobil on
Renewable Road Fuel”, sent as an attachment to the e-mail from 19 April 2021
1-pager concerning “ExxonMobil Bio Marine Fuel Oil”, sent as an attachment to
the e-mail from 19 April 2021
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Electronically signed on 10/06/2021 15:02 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
