Ref. Ares(2020)3508895 - 03/07/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
JOINT RESEARCH CENTRE
Directorate C - Energy, Transport and Climate
Sustainable Transport Unit
By registered letter with
acknowledgment of receipt1
Peter Teffer
Ekko Voorkamer
Bemuurde Weerd WZ 3
3513 BH Utrecht
The Netherlands
Sent by pdf only to
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2020/3617
Dear Sir,
We refer to your e-mail of 12 June 2020 in which you make a request for access to documents, registered on 15 June
2020 under the above-mentioned reference number.
You request access to
All reports, e-mails, minutes and other documents about the delayed completion of the test laboratories VELA
10 and VELA 11
Data about the real driving emissions test done in VELA 10 and VELA 11.
Your application concerns the following documents:
1. G005 “programma lavori version 04”, dated 31/10/2019:
Ares(2020)3493402 2. Email from Contractor dated 28/02/2020 with subject “JRC - Fabbricato 23B Vela 10-
11”
Ares(2020)3493445
3. Email from Contractor, dated 09/03/2020, with subject “Impatto del decreto ministeriale dell'8 marzo
2020 nella programmazione delle opere inerenti al contratto 935850 ed emendamento n. 1”
Ares(2020)3493458
4. Email from the JRC Ispra site management of 13032020 with subject “Business continuity - urgent for
action”
Ares(2020)3493493
5. Exchange of emails between project leader and hierarchy (last email of 18032020) on contract situation
with subject “Contract for Vela 10-11”
Ares(2020)3493574
1 According to standard operational procedure, the reply is usually also sent to you by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during to the COVID-19 epidemics, which include the requirement for all
Commission non-critical staff to telework, we are unfortunately not in a position to follow this procedure until further notice. We would
therefore appreciate if you could confirm receipt of the present e-mail.
6. Exchange of emails between project leader and contract Unit (last email of 19032020) on contract
amendment with subject “Contract for Vela 10-11”
Ares(2020)3493534
7. Further exchange of emails between project leader and contract Unit (last email of 24032020) on contract
amendment with subject “Contract for Vela 10-11”
Ares(2020)3493599
8. Reply of the JRC lawyer on the best approach for contract amendment (email dated 24032020 with
subject “Contract for Vela 10-11”)
Ares(2020)3493610
9. Amendment n. 2 to the supply contract 935850-IPR-2018 (3 months extension of contract deadline)
Ares(2020)3493634
10. Exchange of emails between project team and Contractor (last email of 14052020) with subject “R:
[VELA 10-11] Recovery of yard activity”
Ares(2020)3493655
11. Further exchange of emails between project team and Contractor (last email of 28052020) with subject
“R: [VELA 10-11] Activity restart”
Ares(2020)3493702
With regard to the documents 1.-11. listed above, a complete disclosure of the identified documents 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;
-
handwritten signatures/abbreviated signatures of 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, I 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.
With regard to your second request for access to data about the real driving emissions test done in VELA 10 and
VELA 11, please note that the test facilities VELA 10 and VELA 11 are not yet operational, thus no emission tests
were done, and no data were produced in these two test facilities.
Disclaimers:
You may reuse public documents, which have been produced by the European Commission or by public
and private entities on its behalf based on the
Commission Decision on the reuse of Commission
documents. You may reuse the document 9 disclosed free of charge and for non-commercial and
commercial purposes provided that the source is acknowledged and that you do not distort the original
meaning or message of the document. Please note that the Commission does not assume liability
stemming from the reuse.
Please note that document 1 originating from third parties is 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 document without the agreement of the
originator, who may hold an intellectual property right on it. The European Commission does not assume
any responsibility from their reuse.
2
Minutes or summary records of meetings with external parties were drawn up for internal use under the
responsibility of the relevant service of the Directorate-General Joint Research Centre. It solely reflects
the service’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.
In case you would disagree with this position, you are entitled, in accordance with Article 7(2) of Regulation (EC) No
1049/2001, to submit a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this letter to the Secretariat-
General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Alois Krasenbrink
Head of Unit
(e-signed)
3
Electronically signed on 01/07/2020 17:20 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563