To the attention of:

Mr Nicholson

www.asktheeu.org

Vienna, 06 September 2013

2013-outgoing-001480

 

Subject:         Your request of access to documents and information
registered under reference number 2013-incoming-001440

 

Dear Mr Nicholson,

 

Thank you for your request for access to documents received on 19 August
2013 and registered under reference number 2013-incoming-001440. 

 

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 06/09/2013 due to complexity of
your request, high volume of data to be examined and limited human
resources at the Agency’s disposal. Moreover, part of the documents
requested originate from third parties which have to be consulted. The
consultation is still on-going.

 

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 27/09/2013.

 

We apologise for this delay and for any inconvenience this may cause.   

 

Yours sincerely,

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [1]http://fra.europa.eu | [2]Facebook | [3]Twitter |
[4]YouTube | [5]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

FRA online toolkit to help connect public officials at all levels,
[6]available 25 September. 

References

Visible links
1. http://www.fra.europa.eu/
2. http://www.facebook.com/fundamentalrights
3. http://twitter.com/#!/EURightsAgency
4. http://youtube.com/user/EUAgencyFRA
5. http://www.linkedin.com/company/eu-funda...
6. http://fra.europa.eu/en/project/2011/joi...

To the attention of:

Mr Nicholson

www.asktheeu.org

Vienna, 27 September 2013

2013-outgoing-001601

 

Subject:         Your request of access to documents and information
registered under reference number 2013-incoming-001440

 

 

Dear Mr Nicholson,

 

Thank you for your request for access to documents received on 19 August
2013 to which the reference number 2013-incoming-001440 was attributed.

 

Having carefully analysed your application under Regulation (EC) No
1049/2001, we established that your request refers to the following
documents:

 

1.      Evaluation report for contract F/SE/10/03 – Data collection and
research services on fundamental rights issues;

2.      Letter to DACoRD, bidder in Lot 4; 

 

We enclosed copies of documents requested.

 

Having carefully analyzed their content, we came to conclusion that it can
only be disclosed partially since a full disclosure is prevented by at
least two exceptions provided for in Article 4(2) first indent
("commercial interests of a natural or legal person, including
intellectual property") of Regulation (EC) 1049/2001 and Article  4(1)(b)
of Regulation (EC) 1049/2001 in conjunction with Article 8(b) of
Regulation (EC) 45/2001 which governs the processing of personal data.

 

The expunged parts of documents concerned contain information of a
commercial nature the disclosure of which would harm the commercial
interests and/or commercial reputation of legal entities. The evaluation
report contains the names and signatures of the evaluation committee
members and the names of the economic operators who participated in the
call for tenders, information on economic, financial, technical capacity
etc. of the economic operators.  

 

The exceptions laid down in Article 4(2) of Regulation 1049/2001 apply
unless there is an overriding public interest in disclosure of the
documents.

 

We regret to inform you that in the absence of any evidence of an
overriding public interest to warrant disclosure, the Agency may not waive
this exception. Pursuant to Article 4(2) of Regulation 1049/2001, for such
an overriding public interest to exist, this interest, firstly has to be
public and, secondly, overriding i.e. must supersede the interests
protected by virtue of Article 4(2) of Regulation 1049/2001.

 

Some parts of document have been blanked out as their disclosure is
prevented by exception to the right of access laid down in Article 4(1)
(b) of Regulation (EC) No 1049/2001.

 

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 Community 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.

 

We consider that, with the information available, the necessity of
disclosing the aforementioned personal data to you has not been
established and that it cannot be assumed that such disclosure would not
prejudice the legitimate rights of the persons concerned. Therefore, we
are disclosing the documents requested expunged from this personal data.

 

If you wish to receive these personal data, we invite you to provide us
with arguments showing the need for having these personal data transferred
to you and the absence of adverse effects to the legitimate rights of the
persons whose personal data should be disclosed.

 

However, as you specified in your requested that you would like to receive
information concerning the competitors of the Danish Institute for Human
Rights in the call for tender F/SE/10/03- Lot 4, we have contacted the
data subject and reached the conclusion that this information may be
disclosed. We hope you will find it helpful. 

 

Please note that pursuant to Article 7(2) of Regulation (EC) No 1049/2001,
you may make a confirmatory application asking FRA to reconsider its
position. Such a confirmatory application should be addressed within 15
working days upon receipt of this email to FRA general e-mail:
[1]info@fra.europa.eu  

 

Yours sincerely,

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [2]http://fra.europa.eu | [3]Facebook | [4]Twitter |
[5]YouTube | [6]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

FRA online toolkit to help connect public officials at all levels,
[7]available 25 September. 

References

Visible links
1. mailto:[email address]
2. http://www.fra.europa.eu/
3. http://www.facebook.com/fundamentalrights
4. http://twitter.com/#!/EURightsAgency
5. http://youtube.com/user/EUAgencyFRA
6. http://www.linkedin.com/company/eu-funda...
7. http://fra.europa.eu/en/project/2011/joi...