Dear Ms. Luisa Izuzquiza,
 
Thank you for your interest in the activities of the European Maritime
Safety Agency (EMSA). Please find that your application for access to
documents  - “Agreements regarding EMSA maritime information services” has
been registered with EMSA. Your application shall be processed in line
with the provisions of Regulation (EC) No.1049/2001 of the European
Parliament and of the Council regarding public access to documents, and
you shall receive a reply within 15 working days.
 
We would like to draw your attention that for applications in the remit of
Regulation (EC) No.1049/2001, the recommended channel to be used is : EMSA
website/ Publications/ EMSA Documents/Documents Request Form,  that will
ensure a prompt handling. Thank you for your understanding.
 
On behalf of Andrea Tassoni,

Document Request Coordinator at EMSA

Kind regards,

EMSA Communication Team

[1]cid:image001.png@01D22E97.558D7900

EMSA / Praça Europa 4 / 1249-206 Lisbon / Portugal
[2][EMSA request email] / [3]emsa.europa.eu

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Dear Ms. Izuzquiza,

With regards to your application for access to documents - namely "
Agreements regarding EMSA maritime information services”, registered by
the European Maritime Safety Agency (EMSA) on the 20th of November 2019,
please find the following:

The Agency processed your application in line with the provisions of
Regulation (EC) No.1049/2001 of the European Parliament and of the Council
regarding public access to documents. As a result, please be informed that
EMSA has identified the following documents (in italics) containing/
covering the documents as requested in your application:

 1. Data Access Agreement defining the conditions of use of satellite AIS
data provided by EMSA for the purpose of the EUNAVFOR Operation Sophia
– the attached document Data Access Agreement EMSA-EUNAFVOR MED;

 2. Service Level Agreement between the European Fisheries Control Agency
and the European Maritime Safety Agency for the MARSURV-3 monitoring
services – the attached document SLA EMSA-EFCA-MARSUV-3;

 3. Service Level Agreement between Frontex and EMSA for the provision of
services for the implementation of the “Application of surveillance
tools to Border Surveillance ‘Concept of Operations’ (CONOPS) within
EUROSUR” – the attached document SLA FRONTEX-EMSA-EUROSUR;

 4. Cooperation Agreement between the European Maritime Safety Agency and
Maritime Analysis and Operations Centre-Narcotics – the attached
document Cooperation Agreement EMSA-MAOC;

 5. The grant contract with the Commission for the SAFEMED III project –
the attached document Grant contract – Contract N 201-2-308-813;

 6. The conditions of use (CoU) signed between EMSA and each participant
beneficiary for the CleanSeaNet service – the attached documents CoU
CSN Iceland (for EFTA countries group); CSN COU-MS-BE (for EU Member
States group), CoU CSN Albania (for Non-EU countries group); CoU CSN
Tunisia (for Safemed countries group) ; CoU CSN Azerbaijan (for
Traceca countries group).

Only one example of Conditions of use (CoU - CSN)/ type of grouping was
provided given that all these documents (CoU – CSN) are identical in
content, only exception being EMSA’s counterparty in each; therefore
redaction of elements falling under exceptions below in so many documents
would have created a disproportionate administrative burden which would
have further delayed the reply to this application.  Full lists of
beneficiaries are grouped as follows:

EU MS beneficiaries: BE,
BG,CY,DE,EE,ES,FI,FR,GR,HR,IR,ITA,LT,LV,MT,NL,PL,PT,RO,SE,SI,UK;

ETFA countries beneficiaries: Island and Norway;

Non-EU countries beneficiaries: Turkey, Montenegro, Albania, Greenland and
NL BES;

SAFEMED countries beneficiaries: Algeria, Jordan, Lebanon, Morocco and
Tunisia;

TRACECA countries beneficiaries: Azerbaijan and Georgia.  

 7. SLA signed between EMSA, the participant beneficiaries and the Italian
Coast Guard for the provision of satellite AIS and terrestrial AIS
through the SafeSeaNet Regional server and the IMDatE platform – the
attached documents SLA Jordan; SLA Morocco; SLA Tunisia;

 8. The grant contract with the Commission for the TRACECA II project –
the attached document Grant Contract – ENPI – 2013-334-385;

 9. The conditions of use (CoU) signed between EMSA and each participant
beneficiary for the CleanSeaNet service integrated with satellite AIS
data – please refer to all documents referenced under point 6 (above);

10. Technical cooperation between EUNAVFOR and EMSA for the delivery of an
integrated maritime monitoring service (as amended) – the attached
document Technical Agreement EMSA-EUNAFVOR for delivery of integrated
maritime monitoring service + Amendments.

In line with the provisions of Regulation (EC) No.1049/2001 a thorough
assessment was made further, in order to identify if the content of these
documents can be disclosed in full or partially. Please find below the
outcome of the analysis pertaining to the 15 documents attached herewith.

Article 4(1)b of the Regulation foresees that access to a document shall
be refused “where disclosure would undermine the protection of […] the
privacy and integrity of the individual, in particular in accordance with
Community legislation regarding the protection of personal data”.

In case of personal data, the provisions of Regulation (EU) 2018/1725
shall apply. This Regulation protects “personal data” which means any
information relating to an identified or identifiable person. Surnames and
forenames constitute, in themselves, personal data and thus fall within
the scope of Article 4(1)b. Given that the application for access to
documents did not contain any express and legitimate justifications or
arguments substantiating the need to obtain the personal data concerned,
the conclusion is that all personal data in the documents shall be
protected and therefore not disclosed/retracted. 

Article 4(2), first indent of the Regulation foresees that access shall be
refused “to a document where disclosure would undermine the protection of
commercial interests of a natural or legal person, including intellectual
property […]”.

In one document the element assessed as falling within the scope of the
above mentioned article is the specific pricing, seeing that this is an
element stemming out of commercial contracts. The specific pricing to be
paid is in fact related to the unit prices for specific services to be
rendered under the agreement.  The price in question was offered in the
context of a procurement procedure as part of the economic operator’s
offer to the public call for tenders. As all information in such offers,
which afterwards become annexes to the main contract, the specific pricing
of services is considered by default part of their commercial practices.
As such, by disclosing it, it would create a disadvantageous position on
the market for the provider of services, as in their commercial practices
under other agreements there might be different outcome of negotiations on
price for similar type of services. Therefore we understand this element
is part of their commercial practice and strategy on the market and thus
believe that this specific element falls within the scope of the exception
referenced above.

Concluding, the information falling under this exception shall be
protected as it is very likely that disclosure of it would be liable to
actually undermine the interest protected by the exception in question.

In light of the above, all the information contained in the attached
documents, identified as falling under the above-mentioned exceptions, has
been redacted and only the content not falling under any of the exceptions
of the Regulation was disclosed.

Furthermore, a separate assessment of the application for access to
documents was performed in order to assess if there is an overriding
public interest in disclosure that would justify non-application of the
above mentioned exception. With regards to this aspect, it was found that
there is no such interest at stake, as to justify public disclosure
overriding the mentioned exception (as per Article 4(2) first indent).

Note that, in line with Article 7(2) of Regulation (EC) No.1049/2001 of
the European Parliament and of the Council regarding public access to
documents, you may file a confirmatory application within 15 working days
of receiving this email.

I remain at your disposal for further clarifications.

Kind regards,

Andrea Tassoni,

Document Request Coordinator at EMSA

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Dear Ms. Izuzquiza,

Indeed you are right, we do apologise for the clerical error which might have happened during re-scanning of the redacted documents. Thank you for pointing this out and please find attached full version of the document.

I remain at your disposal for further clarifications.
Kind regards,

Andrea Tassoni

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