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EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR ENERGY Ref. Ares(2024)3665462 - 22/05/2024 The Director-General Brussels PP ener.a.1(2024) Ms Vicky Cann Rue d'Edimbourg 26 1050 Brussels B email: ask+request-14144@asktheeu.org Subject: Your application for access to documents -- 2024/0502 Dear Ms Cann, We refer to your request for access to European Commission documents registered on 26 January 2024 under the above-mentioned reference number. You request access to the following documents related to lobbying on PFAS, per and polyfluoroalkyl substances. In particular: 1. A list of all meetings/ discussions since 1 January 2023 between officials and or Commissioners with businesses, trade associations, or think tanks where this topic was discussed. 2. Any records, minutes, preparatory briefings, or other notes of these meetings/discussions. 3. All correspondence since 1 January 2023, where this topic was discussed, exchanged between officials and or Commissioners with businesses, trade associations, or think tanks. The following documents fall within the scope of your application: Nr Stakeholder Ares Date Title Type of disclosure: I RECHARGE Ares(2024)475765 22/01/2024 [Re] RECHARGE Partial letter: Request to exclude batteries from the PFAS restriction proposal scope and meeting request date tbd Commission europeenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIE -- Tel. +32 22991111 Office: DM24 08/084 -- Tel. direct line +32 229-62496 2 RECHARGE Ares(2023)7683404 09/11/2023 + 3 RECHARGE letter: Request to exclude batteries from the PFAS restriction proposal scope + Attachment Partial Partial 4 RECHARGE Ares(2023)7691633 09/11/2023 RECHARGE letter: Partial + Request to exclude 5 batteries from the PFASPartial restriction proposal scop + meeting request date tb + Attachment 6 Svenskt Vatten AB Ares(2023)8562235 13/12/2023 Message to Commissioners - Time to Deal With PFAS Partial 7 SPECTARIS Ares(2023)6090994 06/09/2023 Invitation KS Partial 24/10/2023 Brussels BE to working breakfast: PFAS - Is the industry threatened with an unintended high-tech ban 8 SPECTARIS Ares(2023)6173009 12/09/2023 RE: Invitation to Partial working breakfast: PFAS - Is the industry threatened with an unintended high-tech ban? [Our ref. Ares(2023)6090994] 9 SPECTARIS Ares(2023)5025617 19/07/2023 Save the Date - Partial Invitation KS 24/10/2023 Brussels BE at the SPECTARIS breakfast meeting on PFAS 10 Hydrogen + Europe 11 12 Hydrogen Europe + Ares(2023)6740512 Ares(2024)154388 04/10/2023 10/01/2024 Joint statement on the importance of fluoropolymers for the clean energy transition and the EU's Net Zero Industry + Attachment [Re] Joint statement on the importance of fluoropolymers for the clean energy transition Partial Full Partial Partial 2 13 14 Honeywell 15 Honeywell 16 Honeywell 17 Hitachi + Energy 18 19 Hitachi Energy 20 Johnson + Controls 21 + 22 23 Johnson Controls and the EU's Net Zero Industry + one signed Ares(2024)1406088 23/02/2024 MINUTES: HoC Grassi meeting with Ms Stacey Bernards, VP Global Government Relations at Honeywell Energy & Sustainability Solutions - 23/02/2024 Partial Ares(2023)4374932 23/06/2023 MEETING REQUEST AKW [open date] - Meeting with Honeywell on F-Gas regulation Negative Ares(2023)4512261 29/06/2023 [Re] MEETING REQUEST AKW [open date] - Negative Meeting with Honeywell on F-Gas regulation Ares(2023)1653607 07/03/2023 Hitachi Energy on Fgas regulation + Attachment Partial Partial Ares(2023)4374362 23/06/2023 [Re] Hitachi Energy on Partial F-gas regulation Ares(2023)3713459 26/05/2023 Thank you message following the for meeting with Johnson Controls & MEETING REQUEST KS 2829/06/2023 Brussels BE - Meeting with Johnson Controls' Vice President and Chief Sustainability and External Relations Officer + + 2 Attachments Partial Full Full Ares(2023)3794724 01/06/2023 NO for KS] Thank you message following the for meeting with Johnson Controls & MEETING REQUEST Partial 3 KS 28-29/06/2023 Brussels BE - Meeting with Johnson Controls' Vice President and Chief Sustainability and External Relations Officer - MEETING SLOTS OFFERED 24 Johnson Ares(2023)3031738 28/04/2023 MEETING REQUEST Partial + Controls KS 22-26/05/2023 Partial 25 Brussels BE - Meeting on F-Gas with the from Johnson control's Vice President + Attachment 26 Johnson Ares(2023)3146530 04/05/2023 [Re] MEETING Partial Controls REQUEST KS 22- 26/05/2023 Brussels BE - Meeting on F- Gas with the from Johnson control's Vice President 27 Johnson Ares(2023)4040434 12/06/2023 MINUTES: AW VC Partial Controls meeting with Johnson Controls representatives on F- gas - 22/05/2023 28 European Ares(2023)6552548 27/09/2023 MEETING REQUEST Partial Partnership KS [open date] - for Meeting with EPEE on Energy and a critical matter for the the RACHP industry Environment (EPEE) 29 European Ares(2023)7383662 27/10/2023 [Re] Input on F-Gas Partial Partnership regulation - Member for companies and Energy and associations of the the European Environment Partnership for Energy (EPEE) and the Environment (EPEE) 30 European Ares(2023)6170998 12/09/2023 Input on F-Gas Partial + Partnership regulation - Member Partial 31 for companies and Energy and associations of the the European Partnership Environment for Energy and the (EPEE) Environment (EPEE) + Attachment 4 32 Euroheat & + Power 33 34 Euroheat & + Power 35 Ares(2023)4266390 Ares(2023)3886012 20/06/2023 02/06/2023 Heat Pump Action Plan l Euroheat & Power Participation + Attachment Euroheat & power Follow-up - Heat decarbonization Action plan + Attachment Partial Full Partial Full Having examined the documents requested under the provisions of Regulation (EC) No 1049/2001 regarding public access to documents, we have come to the conclusion that a complete disclosure of documents 1 to 10, 12 to 14, 17 to 20, 23 to 32 and 34 listed above 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 the following personal data: - the names/initials and contact information of Commission staff members not pertaining to the senior management; - the names/initials and contact details of other natural persons. 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, we 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 requested 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. Finally, following an examination of documents 15 and 16 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 your application cannot be granted, as disclosure is prevented by the exception to the right of access laid down in in the first indent of Article 4(2) of this Regulation for the protection of commercial interests. In particular, the documents provide detailed analysis and industry proposals regarding the most sensitive aspects of our F-gases business, including on the quota allocation, specific equipment bans and redlines for the company and industry. It also highlights potential impacts of specific legislative activities of the EU institutions on the industry. In addition, it includes commercially and technically sensitive information on alternatives. This could potentially impact the company's share prices, cause uncertainty among its investors and customers, while competitors could exploit this situation. The exceptions laid down in Article 4(2) of Regulation (EC) No 1049/2001 apply unless there is an overriding public interest in disclosure of the documents. we have examined whether there could be an overriding public interest in disclosure of the documents, but that we have not been able to identify such an interest. 5 In addition, please note that documents originating from third parties, which have been consulted, 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. Documents 14 and 27 were drawn up for internal use under the responsibility of the relevant officials of the Directorate-General for Energy. 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 was not consulted on its content. It does not reflect the position of the Commission and cannot be quoted as such. Please find enclosed copies of the document 11, 21, 22, 33 and 35 and redacted copies of the other documents that can be published. 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 to the Secretariat-General of the Commission within 15 working days upon receipt of this letter. You can submit it in one of the following ways: by asking for a review via your portals account (available only for initial requests submitted via the portal account), or by mail: European Commission Secretariat-General Transparency, Document Management & Access to Documents (SG.C.1) BERL 7/076 B-1049 Brussels or by email to: @ec.europa.eu Yours sincerely, Ditte Juul Jorgensen 1 https://www.ec.europa.eu/transparency/documents-request 6 Es Electronically signed on 21/05/2024 18:11 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121