Laëtitia Sédou

Dear European Defence 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:

the name and details of the project selected under the call PADR-EDT-02-2018, including at least a summary of the project, its duration and starting date, the maximum foreseen EU contribution for the project, the list of participants and the requested EU contribution by each participating entity, similar to the documents that were published for previously selected projects TALOS, SOLOMON, PYTHIA, OCEAN2020, GOSSRA, VESTLIFE and ACAMSII

Yours faithfully,

Laëtitia Sédou
on behalf of the European Network Against Arms Trade
Quaker House
Square Ambiorix 50
B-1000 Brussels

ACCESS TO DOCUMENTS, European Defence Agency

8 Attachments

Dear Madam,

 

We hereby acknowledge receipt of your application for access to documents,
which was registered by EDA on 20 May 2020.

 

In accordance with [1]Regulation (EC) No 1049/2001 regarding public access
to European Parliament, Council and Commission documents, applicable to
EDA in accordance with Article 30 of [2]Council Decision 2015/1835 of 12
October 2015, your application will be handled within 15 working days. The
time limit will expire on 15 June 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
[3][IMG][4][IMG][5][IMG]
[6][email address]
Rue des Drapiers 17-23, 1050 Brussels, Belgium
[7]www.eda.europa.eu/info-hub/eda-
documents/access-to-eda-documents

 

 

 

________________________________________
From: Laëtitia Sédou <[8][FOI #7981 email]>
Sent: 19 May 2020 15:14
To: EDA Information
Subject: access to documents request - Details of selected project under
call PADR-EDT-02-2018

Dear European Defence 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:

the name and details of the project selected under the call
PADR-EDT-02-2018, including at least a summary of the project, its
duration and starting date, the maximum foreseen EU contribution for the
project, the list of participants and the requested EU contribution by
each participating entity, similar to the documents that were published
for previously selected projects TALOS, SOLOMON, PYTHIA, OCEAN2020,
GOSSRA, VESTLIFE and ACAMSII

Yours faithfully,

Laëtitia Sédou
on behalf of the European Network Against Arms Trade
Quaker House
Square Ambiorix 50
B-1000 Brussels

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[9][FOI #7981 email]

If [10][EDA request email] is the wrong address for information requests to
European Defence Agency, please tell the AsktheEU.org team on email
[11][email address]

This message and all replies from European Defence Agency will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[12]https://eur03.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

show quoted sections

ACCESS TO DOCUMENTS, European Defence Agency

8 Attachments

Dear Madam,

 

We refer to your email of 19 May 2020 wherein you submit a request for
access to documents.

 

In your application, you ask to obtain access to “the name and details of
the project selected under the call PADR-EDT-02-2018, including at least a
summary of the project, its duration and starting date, the maximum
foreseen EU contribution for the project, the list of participants and the
requested EU contribution by each participating entity […]”.

 

After having examined the documents to which is access sought, we regret
to inform you that unfortunately access could not be granted as they fall
under the exception(s) set out under Article 4 of Regulation 1049/2001.

 

Pursuant to Article 4(3) first paragraph, “access to a document, drawn up
by an institution for internal use or received by an institution, which
relates to a matter where the decision has not been taken by the
institution, shall be refused if disclosure of the document would
seriously undermine the institution’s decision making process, unless
there is an overriding public interest in disclosure”.

 

Please note that as grant agreements for projects under the abovementioned
call have not been signed yet, disclosure of the documents requested
cannot be granted as this could jeopardise the decision-making process of
the Agency in relation to grant signature. We have examined whether
partial access could be granted. In principle, partial access to
evaluation of grant applications is possible. However, this will be the
case only after the grant agreement(s) have been signed, which is
currently not the case.

 

We have examined to which extent exception laid down in Article 4(3) of
Regulation 1049/2001 may be waived in case of an overriding public
interest in disclosure. Such an interest must firstly be of a public
interest and secondly outweigh the harm caused by the disclosure. Having
analysed your request, we have not found any elements which could justify
the existence of an overriding public interest in the sense of the
Regulation, which would outweigh the exception stipulated in Article 4(3).
We consider that the prevailing interest in this case is to protect the
decision-making process of EDA and the eventual future grant signature.

 

Additionally, the documents contain personal data, which is protected
under Article 4(1)(b). The exceptions under Article 4(1) are absolute in
nature and not balanced by an overriding public interest in disclosure.
Therefore, before disclosing the documents in question, the latter need to
be expunged of any personal data they contain. This would allow the Agency
to consider and grant partial access. However, for the reasons mentioned
above, at this stage partial access is not possible.

 

Last but not least, the documents contain commercially sensitive
information. In accordance with Article 4(2) first indent, “the
institution shall refuse access to a document where the disclosure would
undermine the protection of commercial interests of a natural or legal
person, including intellectual property.” Therefore, the documents in
question would require redaction of the commercial information (such as
know-how, expertise and originality, etc.) before disclosure. However, for
the reasons mentioned above, notably to protect the decision-making
process of the Agency, for the time being disclosure of the documents is
not possible.

 

In the light of the above it follows that the documents could not be
disclosed either in full, or partially.

 

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 email 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: Laëtitia Sédou <[7][FOI #7981 email]>
Sent: 19 May 2020 15:14
To: EDA Information
Subject: access to documents request - Details of selected project under
call PADR-EDT-02-2018

Dear European Defence 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:

the name and details of the project selected under the call
PADR-EDT-02-2018, including at least a summary of the project, its
duration and starting date, the maximum foreseen EU contribution for the
project, the list of participants and the requested EU contribution by
each participating entity, similar to the documents that were published
for previously selected projects TALOS, SOLOMON, PYTHIA, OCEAN2020,
GOSSRA, VESTLIFE and ACAMSII

Yours faithfully,

Laëtitia Sédou
on behalf of the European Network Against Arms Trade
Quaker House
Square Ambiorix 50
B-1000 Brussels

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[8][FOI #7981 email]

If [9][email address] is the wrong address for information requests to
European Defence Agency, please tell the AsktheEU.org team on email
[10][email address]

This message and all replies from European Defence Agency will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[11]https://eur03.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

show quoted sections

Laëtitia Sédou

Dear European Defence Agency,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Details of selected project under call PADR-EDT-02-2018'.

First of all you state that “as grant agreements for the above mentioned projects have not been signed yet, disclosure of the documents requested cannot be granted as this could jeopardise the decision-making process”. You do not set out however how disclosure can “specifically and actually” undermine the decision-making process and why this is “reasonably foreseeable and not purely hypothetical”, as required by the established case law of the Court of Justice of the EU (see e.g. Cases 576/12 P, para. 45; C-280/11 P, para. 54; and C-506/08 P, para. 76). The exceptions to the general right of access to documents must be interpreted and applied strictly (Case T-403/05).
Especially as the above mentioned project has already been announced as having been selected by your agency: although the grant agreement has not been signed yet, this project has already been nominally approved and the concerned participating companies have been informed about the Agency's decision. As such, it is unclear why disclosing the requested documents would specifically and actually undermine the decision-making process.

Secondly, you have not adequately taken into account the public interest in disclosing these documents. As you will be well aware of, the European Ombudsman decided in a similar case that “the public has, in principle, a right to be adequately informed about the content of projects financed using public money” (case 1529/2019/MIG).

Thirdly, you state that “the documents do contain commercially sensitive information”. Again, in the same above mentioned case (1529/2019/MIG), the European Ombudsman considers that commercial information is not a justification to refuse access to documents: “The European Defence Agency should grant increased partial access to the summary reports on the proposals in receipt of EU funding which have been or are being implemented, including to the commercial information contained in those reports.”
In addition the Agency published documents with the detailed breakdown of budget per beneficiary for all but one of the projects funded under the 2017 and 2018 PADR calls, demonstrating that this information is not commercially sensitive: https://www.eda.europa.eu/what-we-do/act...

We do not contest the redaction of personal data.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/deta...

Yours faithfully,
Laëtitia Sédou

ACCESS TO DOCUMENTS, European Defence Agency

9 Attachments

Dear Madam,

 

We hereby acknowledge receipt of your confirmatory application sent by
email dated 02/07/2020 and registered by us on 03/07/2020.

 

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
23/07/2020. In case this time limit needs to be extended, you will be
informed in due course.

 

With best regards,

[1]https://eda.europa.eu/images/default-sou...
European Defence Agency

Access to Documents
[2]https://eda.europa.eu/images/default-sou...
[3]https://eda.europa.eu/images/default-sou... [7]https://eda.europa.eu/images/default-sou... request email]
[9]https://eda.europa.eu/images/default-sou... des Drapiers 17-23, 1050
Brussels, Belgium
[10]https://eda.europa.eu/images/default-sou...
documents/access-to-eda-documents

 

 

show quoted sections

ACCESS TO DOCUMENTS, European Defence Agency

10 Attachments

Dear Madam,

 

Please find attached the Chief Executive's decision regarding the
confirmatory application you filed by email on 2 July 2020.

 

With best regards,

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

 

 

show quoted sections