Dear M. Kroys,

Thank you for your e-mail of 01 September 2022.

We hereby acknowledge receipt of your application for access to documents,
which was registered on 01 September 2022 under the following GESTDEM
reference numbers:

GESTDEM 2022/4928: All documents related to the grant decision for project
2019-RO-TMC-0300-W (Modernisation of the Bucuresti Nord–International
Airport Henri Coanda Bucuresti railway line). Including but not limited to
the application analysis, e-mails, the decision to provide the project
with the grant, and Advisory Group discussions. The request includes the
grant application forms.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time-limit will expire on 22
September 2022. In case this time-limit needs to be extended, you will be
informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.

Yours faithfully,

MOVE ACCES DOCUMENTS TEAM

 
[2]cid:image001.gif@01D7643D.DC7E5B10
European Commission
Directorate-General for Mobility and Transport

Unit MOVE A4

Legal Issues & Enforcement

▪ Postal address: Europese Commissie/Commission européenne, B-1049
Brussel/Bruxelles

▪ Office address: Rue de Mot 28, B-1040 Brussels

▪ Tel. +32 2 299 11 11

E-mail: [3][DG MOVE request email]

Zitate anzeigen

Dear Sir,

Thank you for your request for access to documents.

Unfortunately, you have not indicated your postal address. This is
necessary for registering and handling your request in line with the
procedural requirements.

Please send us your full postal address at your earliest convenience.
Pending your reply, we reserve the right to refuse the registration of
your request.

Alternatively, you may use directly the electronic form available on the
Europa website:

[1]http://ec.europa.eu/transparency/regdoc/....

Best regards,

Access to Documents Team

From: MOVE ACCES DOCUMENTS <[DG MOVE request email]>
Sent: Thursday, September 1, 2022 6:19 PM
To: Peter Kroys <[FOI #11789 email]>
Cc: MOVE ACCES DOCUMENTS <[DG MOVE request email]>
Subject: GESTDEM 2022/4928 : Acknowledgement receipt via private third
party - access to documents request - CEF Funding Bucuresti
Nord–International Airport railway line

Dear M. Kroys,

Thank you for your e-mail of 01 September 2022.

We hereby acknowledge receipt of your application for access to documents,
which was registered on 01 September 2022 under the following GESTDEM
reference numbers:

GESTDEM 2022/4928: All documents related to the grant decision for project
2019-RO-TMC-0300-W (Modernisation of the Bucuresti Nord–International
Airport Henri Coanda Bucuresti railway line). Including but not limited to
the application analysis, e-mails, the decision to provide the project
with the grant, and Advisory Group discussions. The request includes the
grant application forms.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time-limit will expire on 22
September 2022. In case this time-limit needs to be extended, you will be
informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
[2]Privacy statement – access to documents.

Yours faithfully,

MOVE ACCES DOCUMENTS TEAM

 
[3]cid:image001.gif@01D7643D.DC7E5B10
European Commission
Directorate-General for Mobility and Transport

Unit MOVE A4

Legal Issues & Enforcement

▪ Postal address: Europese Commissie/Commission européenne, B-1049
Brussel/Bruxelles

▪ Office address: Rue de Mot 28, B-1040 Brussels

▪ Tel. +32 2 299 11 11

E-mail: [4][DG MOVE request email]

Zitate anzeigen

Dear Mr KROYS,

We would like to inform you that following your requests for access to
documents dated 01 September and 05 September 2022, referenced "GESTDEM
2022/4928, 2022/4929, and 2022/4969", DG MOVE has transferred it to CINEA
Agency, which will be in charge of your reply. The time-limit for response
is set on 22 September 2022 (GESTDEM 2022/4928, 2022/4929) and on 26
September (GESTDEM 2022/4969), however, in case this time-limit needs to
be extended, the service responsible for your application will inform you
in due course.

Thank you in advance for your understanding.

Yours faithfully,

MOVE ACCES DOCUMENTS TEAM

 
[1]cid:image001.gif@01D7643D.DC7E5B10
European Commission
Directorate-General for Mobility and Transport

Unit MOVE A4

Legal Issues & Enforcement

▪ Postal address: Europese Commissie/Commission européenne, B-1049
Brussel/Bruxelles

▪ Office address: Rue de Mot 28, B-1040 Brussels

▪ Tel. +32 2 299 11 11

E-mail: [2][DG MOVE request email]

References

Visible links
2. mailto:[DG MOVE request email]

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Acknowledgment of receipt - your access to documents applications CINEA
2022/22, CINEA 2022/23 and CINEA 2022/24 - Ares(2022)6283739  (Please use
this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Sir,

Thank you for your e-mails of 1^st of September. We hereby acknowledge
receipt of your three applications for access to documents, which were
registered by CINEA on 9^th September 2022 under following reference
numbers:

-        CINEA 2022/22 regarding project 2019-RO-TMC-0300-W (Modernisation
of the Bucuresti Nord–International Airport Henri Coanda Bucuresti railway
line);

-        CINEA 2022/23 regarding project 2017-AT-TM-0001-W (Upgrading and
electrification from Vienna Stadlau to the Slovakian Border near Marchegg
(bottleneck removal);

-        CINEA 2022/24 regarding project 2019-SE-TM-0106-W (Removal of the
Flackarp-Arlöv major bottleneck on the Swedish Southern Main Line);

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
30^th September 2022. In case this time limit needs to be extended, you
will be informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
[5]Privacy statement – access to documents.

Yours faithfully,

CINEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D8C696.9A2F1300
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
5. https://ec.europa.eu/info/principles-and...

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Reply to your access to documents request CINEA 2022/22 -
Ares(2022)6686183  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Kroys,

We refer to your request for access to documents under [5]Regulation (EC)
1049/2001 ("the Regulation"), registered under the reference number CINEA
2022/22.

You request access to all documents related to the grant decision for
project 2019-RO-TMC-0300-W (Modernisation of the Bucuresti
Nord–International Airport Henri Coanda Bucuresti railway line), including
but not limited to the application analysis, e-mails, the decision to
provide the project with the grant, and Advisory Group discussions. The
request includes the grant application forms.

After analysing your request, we consider that the following documents
fall within its scope:

·       Grant application – Document 1

·       (Technical) assessment of the application by the Internal
Evaluation Committee ('internal evaluation form') – Document 2

·       Emails regarding the grant agreement preparation

·       Commission decision to provide the project with the grant –
Document 3

Please note that we do not hold any documents related to the description
that you provided in your request as “Advisory Group discussions”.

After examining the above documents in accordance with the provisions of
Regulation (EC) 1049/2001 and following the consultation of the
beneficiary, we came to the following conclusions:

·       Document 1 and the e-mails regarding the grant agreement
preparation cannot be disclosed for the reasons explained below under
point 2.

·       Document 2 may be partially disclosed. The reasons for the partial
redaction of the document are explained below in point 1.

·       Document 3 can be disclosed and is publicly available.

1.       Document 2 may be partially disclosed, parts of the document were
redacted for the following reasons:

-          Article 4(2), first indent of Regulation 1049/2001 provides
that “the institutions shall refuse access to a document where disclosure
would undermine the protection of commercial interests of a natural or
legal person, including intellectual property (…) unless there is an
overriding public interest in disclosure.”

We have redacted certain cost items in Document 2, as this information
constitutes commercially sensitive information for the legal entities
concerned, their disclosure being prevented by Article 4 (2), first
indent.

The exception of Article 4(2), first indent of Regulation No 1049/2001
applies, unless an overriding public interest justifies disclosure of the
documents. We could not identify an overriding public interest in this
case. By redacting certain cost items, we do not exceed the limits of what
was appropriate and necessary in the light of the protected interest of
public transparency.

2.       Document 1 and the e-mails regarding the grant agreement
preparation cannot be disclosed due to the following reasons.

Document 1 cannot be disclosed based on Article 4(2), first indent of
Regulation 1049/2001. The document contains commercially sensitive
technical and financial information, e.g. a detailed description of the
planned activities and their estimated budget, the planning of the
implementation and the proposed methodology, as well as the business
strategies of the applicant and its business partners, the specific
know-how and experience. Therefore, no meaningful partial disclosure is
possible.

The e-mails related to the Grant Agreement preparation cannot be disclosed
based on the following:

According to Article 4(3) second paragraph of Regulation 1049/2001:
“Access to a document containing opinions for internal use as part of
deliberations and preliminary consultations within the institution
concerned shall be refused even after the decision has been taken if
disclosure of the document would seriously undermine the institution's
decision-making process, unless there is an overriding public interest in
disclosure.”

Emails regarding the grant agreement preparation cannot be disclosed as
they are preparatory technical exchanges and clarifications meant to
define the final text of the Grant Agreement that are part of the standard
assessment the Agency carries out during the preparation of all Grant
Agreements and cannot be disclosed as they are protected by Article 4(3)
(decision making process) of Regulation (EC) 1049/2001. In addition, these
documents contain personal data protected by Article 4(1) (b) of the
Regulation and cost items protected by Article 4(2), first indent of
Regulation 1049/2001 (see details above under point 1).

The exception provided for in Article 4 (3) of Regulation (EC) No
1049/2001 apply, unless an overriding public interest justifies disclosure
of the documents. In your application you do not bring any arguments
justifying an overriding public interest and we could not identify such
interest.

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 party from which they originate, who may hold an
intellectual property right on them. CINEA does not assume any
responsibility from their reuse.

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled
to make a confirmatory application as regards your request for access to
documents requesting the Agency to review this position.

Such a confirmatory application should be addressed within 15 working days
upon receipt of this letter to the Director of CINEA at the following
address:

CINEA

Chaussée de Wavre 910

B-1049 Bruxelles

or by email to:  [6][email address]

Yours sincerely,

CINEA ACCESS TO DOCUMENTS

From: CINEA ACCESS DOCUMENTS <[email address]>
Sent: Monday, September 12, 2022 11:00 AM
To: [FOI #11789 email];
[email address];
[email address]
Cc: CINEA ACCESS DOCUMENTS <[email address]>
Subject: Acknowledgment of receipt - your access to documents applications
CINEA 2022/22, CINEA 2022/23 and CINEA 2022/24 - Ares(2022)6283739

[7]Acknowledgment of receipt - your access to documents applications CINEA
2022/22, CINEA 2022/23 and CINEA 2022/24 - Ares(2022)6283739  (Please use
this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Sir,

Thank you for your e-mails of 1^st of September. We hereby acknowledge
receipt of your three applications for access to documents, which were
registered by CINEA on 9^th September 2022 under following reference
numbers:

-        CINEA 2022/22 regarding project 2019-RO-TMC-0300-W (Modernisation
of the Bucuresti Nord–International Airport Henri Coanda Bucuresti railway
line);

-        CINEA 2022/23 regarding project 2017-AT-TM-0001-W (Upgrading and
electrification from Vienna Stadlau to the Slovakian Border near Marchegg
(bottleneck removal);

-        CINEA 2022/24 regarding project 2019-SE-TM-0106-W (Removal of the
Flackarp-Arlöv major bottleneck on the Swedish Southern Main Line);

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
30^th September 2022. In case this time limit needs to be extended, you
will be informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
[8]Privacy statement – access to documents.

Yours faithfully,

CINEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D8D34F.987B3C80
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
5. https://eur-lex.europa.eu/legal-content/...
6. mailto:[email address]
7. https://webgate.ec.testa.eu/Ares/documen...
8. https://ec.europa.eu/info/principles-and...

[1]RE: Internal review of access to documents request - CEF Funding
Bucuresti Nord–International Airport railway line - Ares(2022)7090897 
(Please use this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Kroys,

The application documents (including the Technical Description Part B (or
D in previous years)) were considered by us in the assessment of your
request for access to documents No CINEA 2022/22. In our reply from 28
September 2022, we have referred to these documents as ‘Document 1 – Grant
application’. We have refused to grant you access to the Grant application
for the reasons explained in point 2 of our reply and repeated below for
your convenience:

The Grant application cannot be disclosed based on Article 4(2), first
indent of Regulation 1049/2001. The document contains commercially
sensitive technical and financial information, e.g. a detailed description
of the planned activities and their estimated budget, the planning of the
implementation and the proposed methodology, as well as the business
strategies of the applicant and its business partners, the specific
know-how and experience. Therefore, no meaningful partial disclosure is
possible.

The exception of Article 4(2), first indent of Regulation No 1049/2001
applies, unless an overriding public interest justifies disclosure of the
document. We could not identify an overriding public interest in this
case.

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled
to make a confirmatory application as regards your request for access to
documents requesting the Agency to review this position.

Such a confirmatory application should be addressed within 15 working days
upon receipt of our reply from 28 September 2022 to the Director of CINEA
at the following address:

CINEA
Chaussée de Wavre 910
B-1049 Bruxelles
or by email to:  [email address]

Zitate anzeigen