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 financial contributions of 1) Norway, 2) Serbia, 3) Switzerland and 4) Ukraine to the EDA's projects from 2015 to 2017 under Chapter IV of the Joint Action establishing the European Defence Agency (2004/551/CFSP).

I am attempting to evaluate what level of financial contribution is usually associated with third countries participating through Administrative Arrangements in EDA projects on an ad hoc basis.

Yours faithfully,

Aleksi Korpela

ACCESS TO DOCUMENTS, European Defence Agency

Dear Mr. Korpela,

We hereby acknowledge receipt of your application for access to documents sent by email and registered on 05/07/201 under reference number 2019/18/IN.

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 26/07/2019. In case this time limit needs to be extended, you will be informed in due course.

With best regards,

EDA

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ACCESS TO DOCUMENTS, European Defence Agency

9 Attachments

BY EMAIL ONLY
Subject: Your application for access to documents – 2019/18/IN
Dear Sir,
We refer to your e-mail dated 05/07/2019 in which you submit an
application for access to documents within the framework of Regulation
(EC) 1049/2001 Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p.
43–48).. It was registered on the same day under the reference number
2019/18/IN.

 1. Scope of your request

You request access to documents containing “the financial contributions of
1) Norway, 2) Serbia, 3) Switzerland and 4) Ukraine to the EDA's projects
from 2015 to 2017 under Chapter IV of the Joint Action establishing the
European Defence Agency (2004/551/CFSP).”
We have identified a number of documents falling under the scope of your
request, namely project or programme arrangements concluded between the
contributing Member States to those ad hoc projects or programmes.

 2. Examination under Regulation (EC) 1049/2001

Having examined the documents requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, we regret to
inform you that the documents cannot be disclosed to you.
The disclosure of the documents requested is prevented by the exceptions
to the right of access to documents laid down in Article 4 of Regulation
(EC) 1049/2001, in particular Article 4.1(a) 2^nd ident on the protection
of the public interest as regards defence and military matters and Article
4.1 (b) on the protection of privacy and the integrity of the individual.
2.1 Article 4.1 (a) of Regulation (EC) No 1049/2001 - the protection of
the public interest as regards defence and military matters
Article 4.1 (a), 2^nd indent of Regulation 1049/2001 provides that “the
institutions shall refuse access to a document where disclosure would
undermine the protection of (…) the public interest as regards (…) defence
and military matters”.
The information requested is contained in legal agreements between Member
States contributing to a given ad hoc project or programme, called
Project/Programme Arrangement (PAs). The ad hoc projects/programmes are
established under the legal framework of Chapter IV of Council Decision
(CFSP) 2015/1835, Council Decision (CFSP) 2015/1835 of 12 October 2015
defining the statute, seat and operational rules of the European Defence
Agency (OJ L 266, 13.10.2015, p. 55–74) and touch upon areas within the
scope of the Agency, as set out under Article 5 of the Council Decision
referenced. 
In most cases, these documents contain a detailed description of the
objectives and works to be undertaken under the project, as well as a
description of specific project activities, milestones and the
corresponding timetable of planned implementation. The documents also
include the technical and financial details of the planned project.
Therefore, such information has to be considered as inside and unique
knowledge of the contributing Member States and access to these documents
is limited to only those Member States contributing to a specific
project/programme and EDA.
As a result, because of its subject-matter and content, the disclosure of
these documents would undermine the protection of those Member States’
interests as regards defence and military matters.
2.2  Article 4.1 (b) of Regulation (EC) No 1049/2001 – protection of
privacy and integrity of the individual.
In addition, according to Article 4.1 (b) of Regulation 1049/2001 “the
institutions shall refuse access to a document where disclosure would
undermine the protection of (…) the 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 2018/1725
Regulation (EU) 2018/1725 of the European Parliament and of the Council of
23 October 2018 on the protection of natural persons with regard to the
processing of personal data by the Union institutions, bodies, offices and
agencies and on the free movement of such data, and repealing Regulation
(EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p.
39–98) of the European Parliament and of the Council of 23 October 2018 on
the protection of natural persons with regard to the processing of
personal data by the Union institutions, bodies, offices and agencies and
on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC Official Journal L 205 of 21.11.2018,
p. 39. (‘Regulation 2018/1725’).
Article 3(1) of Regulation 2018/1725 provides that "personal data" shall
mean any information relating to an identified or identifiable person. The
documents requested contain personal data, namely the name, surname, email
address, phone number, and fax number of staff and Member State personnel
participating in the project. This information clearly constitutes
personal data in the meaning Regulation (EU) 2018/1725
According to Article 8(b) of Regulation (EC) 45/2001, personal data shall
only be transferred to a recipient in the EU/EEA if the recipient
establishes the necessity of having the data transferred and if there is
no reason to assume that the data subject's legitimate interests might be
prejudiced. Those two conditions are cumulative. Judgment of 29 June 2010
in Case C‑28/08 P, European Commission v The Bavarian Lager Co. Ltd,
EU:C:2010:378, paragraphs 77-78.
In the present case, you have not put forward any arguments to
substantiate a need to obtain these personal data.  Furthermore, it cannot
be assumed that such disclosure would not prejudice the legitimate rights
of the persons concerned. Under these circumstances, we conclude that
access to these personal data should be refused pursuant to Article
4(1)(b) of Regulation (EC) 1049/2001.

 3. Partial access under Article 4.6 of Regulation (EC) 1049/2001

We have considered whether partial access could be granted to the
documents requested, in line with Article 4(6) of Regulation (EC) No
1049/2001. After a careful examination, we have come to the conclusion
that the documents in their entirety contain sensitive information, the
disclosure of which is prevented by the exceptions to the right of access
to documents laid down in Article 4(1)(a) and 4(1)(b), of Regulation
1049/2001, as described above. Therefore, partial access cannot be granted
to the documents requested.
Therefore, we have concluded that access to the aforementioned documents
cannot be granted.

 4. 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][email address].
Yours faithfully,

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

***

 1. Regulation (EC) No 1049/2001 of the European Parliament and of the
Council of 30 May 2001 regarding public access to European Parliament,
Council and Commission documents (OJ L 145, 31.5.2001, p. 43–48).
 1. Council Decision (CFSP) 2015/1835 of 12 October 2015 defining the
statute, seat and operational rules of the European Defence Agency (OJ
L 266, 13.10.2015, p. 55–74)
 1. Regulation (EU) 2018/1725 of the European Parliament and of the
Council of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data,
and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC
(OJ L 295, 21.11.2018, p. 39–98)
 1. Official Journal L 205 of 21.11.2018, p. 39.
 1. Judgment of 29 June 2010 in Case C‑28/08 P, European Commission v The
Bavarian Lager Co. Ltd, EU:C:2010:378, paragraphs 77-78.

 
 

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Dear EDA,

Thank you for the response and the explanation for my the documents cannot be disclosed.

Your time is much appreciated.

Yours sincerely,

Aleksi Korpela