Ref. Ares(2023)6240071 - 14/09/2023
SG.2
Head of Division
Brussels, 14 September 2023
eeas.sg.2 (2023) 9564091
To
Mr Matteo Civillini
by electronic mail
Subject: Your request for access to documents of 27 July 2023 and further clarifications on
the scope of the request of 29 August 2023
EEAS ref: 2023/110
Dear Mr Civillini,
I would like to thank you for your request for access to documents, which the EEAS has
examined in the framework of Regulation (EC) No 1049/2001.1
Following your application, we have searched for “
any documents relating to the visit of EU
Commissioners Jutta Urpilainen and Thierry Breton to Namibia in January 2023 […]
in
which renewable/green hydrogen is mentioned or discussed” in the EEAS filing systems and
document management databases.
After this search, the EEAS has identified the following documents matching your
application, as referenced hereafter:
1. Media Release - EU and Namibia advance Partnership in Green Hydrogen and
Sustainable Critical Raw Materials under Global Gateway (document 1);
2. MEDIA Coverage Report: EU Commissioners’ Visit to Namibia (document 2);
3. EEAS Intranet – Namibia Commissioners visit report (document 3);
4. Op ED issued by Commissioner Breton and Commissioner Urpilainen (document 4);
5. Revised Programme – European Commissioners Visit to Namibia 24-25 January
2023 (document 5);
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European
Parliament, Council and Commission documents (OJ L 145, of 31.5.2001, p. 43, hereafter the "Regulation "), as applied
by the EEAS pursuant to Article 11(1) of the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation
and functioning of the European External Action Service (OJ L 201, of 3.8.2010, p. 30).
European External Action Service – B-1046 Brussels – Belgium – Tel.: (32-2) 584 11 11
Office: EEAS PARC 06/560 – e-mail
: xxxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx
6. Roundtable Partnership on Sustainable Critical Raw Materials Value Chains and
Renewable Hydrogen (document 6);
7. Rent a drum programme (document 7);
8. Transport Plan (document 8);
9. Briefing for Commissioner Urpilainen (document 9).
Following your request, I am pleased to forward to you in attachment to this letter documents
1, 2, 3, and 4 in integral form, as well as documents 5, 6, 7 and 8 in redacted form.
Documents 5 to 8 have been redacted concerning the names and email addresses of EU staff
members and external individuals involved in the organisation of the visit of the two
Commissioners to Namibia on 24-25 January 2023, as disclosing this information would
undermine the privacy and integrity of the individual as per Article 4(1)(b) of the Regulation.
Notably, Article 9(1)(b) of Regulation (EU) 2018/17252 does not allow the transmission of
these personal data, except if the recipient establishes that it is necessary to have the data
transmitted for a specific purpose in the public interest, where there is no reason to assume
that the legitimate interests of the data subject might be prejudiced and where the recipient
establishes that it is proportionate to transmit 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. Consequently, I conclude that,
pursuant to Article 4(1)(b) of the Regulation, access cannot be granted to the personal data
contained in the requested documents.
Document 9 is an internal document addressed to Commissioner Urpilainen ahead of her visit
to Namibia on 24-25 January 2023. It contains background information as well as an internal
assessment on the situation in the country, political messages, lines to take in meetings and
interactions with Namibian political counterparts. Disclosing such information to the general
public would undermine the public interest as regards international relations as per Article
4(1)(a), third indent of the Regulation, by exposing the EU assessment and preliminary
considerations towards an international partner with whom the EU has established a climate
of trust and mutual cooperation.
Moreover, since document 9 contains information on internal strategies and indication on
how the EU does or could position itself in respect to a variety of matters, its disclosure to
the general public would also seriously undermine the institution decision-making process as
per Article 4(3) first and second sub-paragraph of the Regulation.
Therefore, I regret to inform you that we are not in a position to disclose document 9 at this
point in time, neither as a whole or partially, since it would undermine the protection of the
public interest as regards international relations and the EU decision-making process, as per
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
2
Articles 4(1)(a) third indent of the Regulation and Article 4(3) first and second subparagraphs
of the Regulation.
We have considered whether partial access could be granted to document 9. However, since
the vast majority of the substantive parts of the document are covered by the invoked
exceptions, granting a partial access, albeit marginal, to the remaining part would entail
revealing information the protection of which is covered by the exceptions relied on, as
explained above.3
I wish to conclude by taking the opportunity to remind you that the documents 1 to 8 provided
to you may be reused given that the source is acknowledged and that you do not distort the
original meaning or message of the documents. Please note that the EEAS does not assume
liability stemming from the reuse. In case of doubt on reuse, please do contact the EEAS for
prior authorisation.
Should you wish this position to be reviewed, you may make a confirmatory application
within 15 working days in accordance with Article 7(2) of the Regulation.
Yours sincerely,
[e-signed]
Nereo Penalver Garcia
3 See Judgment of 7 February 2018, Access Info Europe v Commission, T-851/16, EU:T:2018:69, paragraphs 122 and
123.
Electronically signed on 14/09/2023 17:39 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
3
