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Documents regarding a subsidy for the Dutch company Port-Liner

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Siem Eikelenboom

Dear Innovation & Networks Executive Agency,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

December 2017 the Dutch company Port-Liner got a €6,9 mln subsidy for the building of zero emission ships for inland waterways. This Action is an innovation project selected under the CEF Blending Call and the Grant Agreement is currently under preparation. All applicants had to comply with the Eligibility and Selection criteria for this call, in accordance with sections 7 and 8 of the call text respectively. I am requesting documents which contain the following info:

"The applicant(s) must have the operational and technical capacity to complete the Action for which the grant is sought and is requested to provide appropriate documents attesting to that capacity, such as:

· description of the profile of the people primarily responsible for managing and implementing the operation (e.g. accompanied by curriculum vitae);

· the organisations’ activity reports for at least the last year;

· a list of previous Actions and activities performed in the field of TEN-T infrastructure Actions of the same kind;

· an inventory of the technical equipment, tools or facilities and patents at the disposal of the applicant and relevant for the Action;

. due diligence reports about or from or regarding Port-Liner

Yours faithfully,

Siem Eikelenboom
freelance investigative journalist

EC ARES NOREPLY,

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

[4]Ares(2018)3088808 - Access to documents request - Documents regarding a
subsidy for the Dutch company Port-Liner -INEA2018/37

Sent by RAMALLO GARCIA-PEREZ Ignacio (INEA)
<[email address]>. All responses have to be sent to this
email address.
Envoyé par RAMALLO GARCIA-PEREZ Ignacio (INEA)
<[email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

 

Dear Mr Eikelenboom,

 

Subject:       Your application for access to documents. INEA 2018/37

 

We refer to your request for access to documents dated 16 May 2018  which
was registered on 18 May 2018 under the reference number INEA 2018/37.

 

You request access to the documents attesting the operational and
technical capacity of E-Port-Liner Holding BV, submitted by this company,
as requested by Section 8.2 Operational capacity of CEF Transport 2017
Blending Call for proposals. Your request includes as well due diligence
reports about or from or regarding Port-Liner.

 

Having examined the documents requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, I regret to inform
you that access to the documents cannot be granted, as disclosure is
prevented by exceptions to the right of access laid down in the following
provisions of Article 4 of this Regulation:

 

·         Article 4 (2): The documents attesting the operational and
technical capacity of E-Port-Liner Holding BV are part of the proposal
submitted by the above-mentioned  company under the 2017 Blending Call.
 Disclosure of an application for a grant under Regulation (EU) No
1316/2013 of the European Parliament and of the Council of 11 December
2013 establishing the Connecting Europe Facility would harm the commercial
interests and/or interests in the field of intellectual property of the
applicant companies, organisations or individuals and must therefore be
refused.  We consider that the exception of overriding public interest in
disclosure is not applicable: interest in disclosing the documents
concerned does not constitute a public interest that overrides the need
for protection of the legitimate commercial interests of the natural and
legal persons concerned and the protection of personal data.

 

·         Article 4 (3) second paragraph : Due diligence reports regarding
Port-Liner are working documents related to assessment of the application
at INEA and may not be disclosed, even after the decision has been taken,
as it contains opinions for internal use as part of deliberations and
preliminary consultations within the institution concerned. The disclosure
of these documents would seriously undermine the institution's
decision-making process.

 

·         Furthermore, Article 4 (1) (b) states rules related to data
protection. The documents included in the grant application (e.g.
description of the profile of the people primarily responsible for
managing and implementing the operation )contain names of individuals and
this information is protected under the EU legislation regarding the
protection of personal data. 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 EU legislation regarding
the protection of personal data. The applicable legislation in this field
is 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.  When access is requested to
documents containing personal data, Regulation (EC) No 45/2001 becomes
fully applicable. According to Article 8(b) of this Regulation, personal
data shall only be transferred to recipients if they establish the
necessity of having the data transferred to them and if there is no reason
to assume that the legitimate rights of the persons concerned might be
prejudiced.

 

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled
to make a confirmatory application requesting INEA to review this
position.

 

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

INEA

Chaussee de Wavre 910

B-1049 Bruxelles

or by email to: [email address]

 

Yours faithfully,

INEA ACCESS DOCUMENTS

 

 

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