Dear Mr Vranken,

We refer to your email of 14 October 2020 wherein you make a request for
access to documents.

Before registering your request, we would like to clarify that the
[1]Staff Regulations of Officials and the Conditions of Employment of
Other Servants of the European Economic Community and the European Atomic
Energy Community are not applicable to EDA. Please note that EDA has its
own Staff Regulations, which you could find [2]here.

The articles corresponding to those mentioned in your application are the
following:

Art. 16 – Art. 18 of EDA SRs;

Art. 12b – Art. 15 of EDA SRs

Ar.40  – Art. 57 of EDA SRs.

Could you please kindly confirm that you seek access to applications made
by Mr Jorge Domecq on the basis of Article 18, article 15 and article 57
of EDA Staff Regulations?

Yours sincerely,

European Defence Agency

Access to Documents
[3][IMG][4][IMG][5][IMG]
[6][EDA request email]
Rue des Drapiers 17-23, 1050 Brussels, Belgium
[7]www.eda.europa.eu/info-hub/eda-
documents/access-to-eda-documents

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Dear Mr Vranken,

We hereby acknowledge receipt of your application for access to documents,
which was registered by EDA on 16 October 2020.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, applicable to EDA
in accordance with Article 30 of Council Decision 2015/1835 of 12 October
2015, your application will be handled within 15 working days. The time
limit will expire on 6 November 2020. In case this time limit needs to be
extended, you will be informed in due course.

Yours sincerely,

European Defence Agency

Access to Documents
[1][IMG][2][IMG][3][IMG]
[4][EDA request email]
Rue des Drapiers 17-23, 1050 Brussels, Belgium
[5]www.eda.europa.eu/info-hub/eda-
documents/access-to-eda-documents

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Dear Sir,

We refer to your e-mail dated 14/10/2020, wherein you submit a request for
access to documents.

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 06/11/2020.

An extended time limit is necessary as your application concerns documents
for which consultation(s) are ongoing.

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 27/11/2020.

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

Yours sincerely,

European Defence Agency

Access to Documents
[1][IMG][2][IMG][3][IMG]
[4][EDA request email]
Rue des Drapiers 17-23, 1050 Brussels, Belgium
[5]www.eda.europa.eu/info-hub/eda-
documents/access-to-eda-documents

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Dear Sir,

We refer to your email dated 14/10/2020, wherein you submit a request for
access to documents, registered under the reference 2020/19/IN.

We further refer to our request for clarification dated 15/10/2020 and
your response received on that same day.

We also refer to our email of 05/11/2020, by which we informed you that
the initial deadline needed to be extended until 27/11/2020.

In your request you seek access to “documents which relate to any article
16, article 12B and article 40 (staff regulations) applications made by
Jorge Domecq, former Chief Executive at the European Defence Agency. In
particular, I request a note of all Mr. Domecq job titles at the EDA
including dates held; copies of any application(s) that he has made under
article 12b, 16 and 40 to undertake a new professional activity; and all
documents (correspondence, emails, meeting notes etc) related to the
authorisation of the new role or roles.”

As clarified on 15/10/2020, the articles corresponding to those mentioned
in your application under the EDA Staff Regulations (SRs) are as follows:

Art. 16 – Art. 18 of EDA SRs;

Art. 12b – Art. 15 of EDA SRs

Art.40  – Art. 57 of EDA SRs.

 1. With regard to your request for access to documents which relate to
any applications made by Mr Jorge Domecq, EDA former Chief Executive
under Article 15

We regret to inform you that EDA does not hold any documents corresponding
to the description given in your request.

 2. With regard to your request for access to documents which relate to
any applications made by Mr Jorge Domecq, EDA former Chief Executive
under Article 57

We regret to inform you that EDA does not hold any documents corresponding
to the description given in your request.

 3. With regard to your request for access to documents which relate to
any applications made by Mr Jorge Domecq, EDA former Chief Executive
under Article 18

We have identified documents falling under the scope of your request. We
are pleased to inform you that partial access can be granted. A full
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 personal data. 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 put forward any arguments to
establish the necessity to have the data transmitted for a specific
purpose in the public interest. Consequently, we have concluded 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. The exception under Article
4(1)(b) is absolute in nature and therefore, not balanced by an overriding
public interest in disclosure. Thus, the personal data in the documents
have been redacted.

Means of redress

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

Such a confirmatory application should be addressed within 15 working days
upon receipt of this letter to the Chief Executive of EDA to the following
email: [1][EDA request email]

Yours sincerely,

European Defence Agency

Access to Documents
[2][IMG][3][IMG][4][IMG]
[5][EDA request email]
Rue des Drapiers 17-23, 1050 Brussels, Belgium
[6]www.eda.europa.eu/info-hub/eda-
documents/access-to-eda-documents

From: ACCESS TO DOCUMENTS <[EDA request email]>
Sent: Thursday, 5 November 2020 12:57
To: Bram Vranken <[FOI #8648 email]>
Cc: ACCESS TO DOCUMENTS <[EDA request email]>
Subject: RE: access to documents request - Authorisation requests - Jorge
Domecq

Dear Sir,

We refer to your e-mail dated 14/10/2020, wherein you submit a request for
access to documents.

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 06/11/2020.

An extended time limit is necessary as your application concerns documents
for which consultation(s) are ongoing.

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 27/11/2020.

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

Yours sincerely,

European Defence Agency

Access to Documents
[7][IMG][8][IMG][9][IMG]
[10][EDA request email]
Rue des Drapiers 17-23, 1050 Brussels, Belgium
[11]www.eda.europa.eu/info-hub/eda-
documents/access-to-eda-documents

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