Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2021)1427537 - Acknowledgment of receipt - Access to documents
request - INEA 2021/7

Sent by KOSMA Athina (INEA) <[email address]>. All responses
have to be sent to this email address.
Envoyé par KOSMA Athina (INEA) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

Thank you for your mail of 16 February. Your request was lodged via a
private third-party website and due to its features the relevant
notification was filtered by our functional mailbox as “spam” and was
received by the responsible services for access to documents in INEA on 23
February 2021. It was registered on the same day, under the reference
number INEA 2021/7.

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 16
March 2021. In case this time-limit needs to be extended, you will be
informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, INEA
cannot be held accountable for any technical issues or problems linked to
the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not INEA. For further information on your rights,
please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with INEA on
that website. This includes the personal data that you may have
communicated to INEA (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that INEA
will send to the email address of the applicants generated by the
AsktheEU.org website.

If you do not wish that your correspondence with INEA is published on a
private third-party website such as AsktheEU.org, you can provide us with
an alternative, private e-mail address for further correspondence. In that
case, INEA will send all future electronic correspondence addressed to you
only to that private address, and it will use only that private address to
reply to your request. You should still remain responsible to inform the
private third-party website about this change of how you wish to
communicate with, and receive a reply from INEA.

Best regards,

INEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D709DA.6A1F0FA0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

Dear Mr Runci,

Please find attached a letter from LIEGEOIS Eddy (MOVE.DDG1.B.1)
concerning your requests to Access Documents - GESTDEM 2021/0801 (DG MOVE)
- GESTDEM 2021/0816 (SG) and INEA 2021/7.

Yours faithfully, 

MOVE ACCES DOCUMENTS Team

[1]Description: cid:image001.gif@01CD32BB.D96747B0

European Commission

Directorate General for Mobility and Transport
Unit MOVE A-4
Legal Issues & Enforcement

▪ Postal address: Europese Commissie/Commission européenne, B-1049
Brussel/Bruxelles
▪ Office address: Rue de Mot 28, B-1040 Brussels
▪ Tel. +32 2 299 11 11
E-mail: [2][email address]

References

Visible links
2. mailto:[email address]

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2021)1964723 - Acknowledgment of receipt - Access to documents
request - INEA 2021/7

Sent by ve_inea.inea-access-documents (INEA)
<[INEA request email]>. All responses have to be sent to
this email address.
Envoyé par ve_inea.inea-access-documents (INEA)
<[INEA request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

Thank you for the clarifications concerning your application for access to
documents, received by e-mail on 17 March 2021 and registered on the same
day under reference number INEA 2021/7.

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 12
April 2021. In case this time-limit needs to be extended, you will be
informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, INEA
cannot be held accountable for any technical issues or problems linked to
the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not INEA. For further information on your rights,
please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with INEA on
that website. This includes the personal data that you may have
communicated to INEA (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that INEA
will send to the email address of the applicants generated by the
AsktheEU.org website.

If you do not wish that your correspondence with INEA is published on a
private third-party website such as AsktheEU.org, you can provide us with
an alternative, private e-mail address for further correspondence. In that
case, INEA will send all future electronic correspondence addressed to you
only to that private address, and it will use only that private address to
reply to your request. You should still remain responsible to inform the
private third-party website about this change of how you wish to
communicate with, and receive a reply from INEA.

Best regards,

INEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D71C25.6CCF6DA0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

Dear Sir,

We refer to your request for access to documents, as clarified by your
e-mail of 17 March 2021, registered on the same day under reference number
INEA 2021/7.

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 12 April 2021.

An extended time limit is needed as part of the documents requested
originate from third parties, which are being consulted.

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 3 May 2021.

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

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, CINEA
cannot be held accountable for any technical issues or problems linked to
the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not CINEA. For further information on your rights,
please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with CINEA on
that website. This includes the personal data that you may have
communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that CINEA
will send to the email address of the applicants generated by the
AsktheEU.org website.

If you do not wish that your correspondence with CINEA is published on a
private third-party website such as AsktheEU.org, you can provide us with
an alternative, private e-mail address for further correspondence. In that
case, CINEA will send all future electronic correspondence addressed to
you only to that private address, and it will use only that private
address to reply to your request. You should still remain responsible to
inform the private third-party website about this change of how you wish
to communicate with, and receive a reply from, CINEA.

Please note that, since 1^st April 2021, our Agency’s name changed to
“European Climate, Infrastructure and Environment Executive Agency
(CINEA)”. From now on, you can contact the access to documents team via
this e-mail address: [1][email address]

Best regards,

CINEA ACCESS TO DOCUMENTS

References

Visible links
1. mailto:[email address]

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Access to documents request - INEA 2021/7 - Ares(2021)2943643

Sent by ve_cinea.access-documents (CINEA)
<c[INEA request email]>. All responses have to be sent to
this email address.
Envoyé par ve_cinea.access-documents (CINEA)
<c[INEA request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir, 

We refer to your e-mail of 17 March 2021 in which you make a request for
access to documents under Regulation (EC) No 1049/2001 (“the Regulation”),
registered under the reference number INEA 2021/7.

You request - for the period from January 2019 and the grant agreement no.
INEA/CEF/TRAN/M2014/1057372 concerning Action 2014-EU-TM-0401-M - access
to:

- all reports (and other notes) from meetings between INEA and Italian
government's representatives, in which the Lyon-Turin railway link project
(Action 2014-EU-TM0401-M) was discussed.

- all correspondence (including emails and attachments) between INEA and
representatives of the Italian government, which mentions the Lyon-Turin
railway link project.

- all correspondence (including emails and attachments) between INEA and
the European Court of Auditors in which the Lyon-Turin railway link
project was discussed.

- all reports (and other notes) from meetings between INEA and the
European Court of Auditors, in which the Lyon-Turin railway link project
was discussed.

- all reports (and other notes) from meetings between INEA and
representatives of Tunnel Euralpin Lyon Turin s.a.s (TELT)

- all correspondence (including emails and attachments) between INEA and
representatives of Tunnel Euralpin Lyon Turin s.a.s (TELT)

This reply relates only to your request submitted to INEA as regards the
documents held by INEA. For the requests submitted to the Directorate
General for Mobility and Transport of the European Commission (DG MOVE)
under reference number GESTDEM 2021/0801 and to the Secretariat General
(SG) of the European Commission, under reference number GESTDEM 2021/0816,
you have received or will receive replies from the respective Commission
services in due course.

In view of handling your request, we considered that the following
documents fall under its scope:

1)      Documents concerning the management of the Grant Agreement,
relating to payments.

2)      Documents concerning the management of the Grant Agreement,
relating to action status reports.

3)      Documents concerning the management of the Grant Agreement,
relating to Amendment no.1.

4)      Documents concerning access to documents procedures under
Regulation 1049/2001.

5)      Mission reports from two meetings.

After examining these documents in accordance with the provisions of
Regulation (EC) 1049/2001 and taking into account the opinion of the
Member States from whom certain documents or parts of the documents
emanate, that were consulted as per Article 4(5), we reached the
conclusion that partial disclosure may be granted, with the exception of
some documents or parts of documents that are protected by Article 4(1)(b)
(protection of privacy and the integrity of the individual) and/or Article
4(2) first indent (commercial interests of natural and legal person,
including intellectual property rights) and/or Article 4(3) (decision
making process) of the Regulation.

·       Article 4(2), first indent of Regulation 1049/2001 provides that
“the institutions shall refuse access to a document where disclosure would
undermine the protection of commercial interests of a natural or legal
person, including intellectual property (…) unless there is an overriding
public interest in disclosure.”  The exception laid down in Article 4(2)
of Regulation (EC) No 1049/2001 applies unless there is an overriding
public interest in disclosure of the document. We have examined whether
there could be an overriding public interest in disclosure, but we were
not able to identify such an interest.

·       Article 4(3), second indent of Regulation 1049/2001 provides that
“Access to a document containing opinions for internal use as part of
deliberations and preliminary consultations within the institution
concerned shall be refused even after the decision has been taken if
disclosure of the document would seriously undermine the institution's
decision-making process, unless there is an overriding public interest in
disclosure.” The exception laid down in Article 4(3) of Regulation (EC) No
1049/2001 applies unless there is an overriding public interest in
disclosure of the document. We have examined whether there could be an
overriding public interest in disclosure, but we were not able to identify
such an interest.

·       According to Article 4(1) (b) of Regulation 1049/2001, access to a
document is refused where 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
documents to which you seek access contain names, positions in the related
legal entities and contact details. This information constitutes personal
data in the meaning of Article 3 (1) of Regulation (EU) 2018/1725 (the EU
Data Protection Regulation - EUDPR).

In its judgement C-28/08 P- the Bavarian Lager case, the European Court of
Justice rules that, when a request is made for access to documents
containing personal data, the Data Protection Regulation becomes fully
applicable. Article 9(1)(b) of the EUDPR requires that the necessity to
have the personal data transmitted must be established by the recipient
(i.e. applicant of the access to documents request) and it does not allow
the transmission of these personal data where there is reason to assume
that the legitimate interests of the data subject might be prejudiced. The
various competing interests should be weighed by the controller, in order
to establish that it is proportionate to transmit the personal data for
that specific purpose.  In your application you have not established a
specific need to obtain personal data. Therefore, the requirements for
disclosing personal data are not met according to the EU Data Protection
Regulation. In addition, there are reasons to assume that the legitimate
interests of the data subjects concerned would be prejudiced by the
disclosure of the personal data redacted in the documents, as there is a
risk that such public disclosure would harm their privacy and subject them
to unsolicited external contacts. All the personal data included in the
attached documents were therefore redacted.

1) The documents concerning the management of the Grant Agreement,
relating to payments cannot be disclosed as they are protected by Article
4(2) first indent of the Regulation (protection commercial interests of
natural and legal person), Article 4(3) (decision making process) and
Article 4(1)(b) of the Regulation (protection of privacy and the integrity
of the individuals).

We have considered the possibility of granting partial access in
accordance with Article 4(6) of the Regulation, however, no meaningful
partial access is possible without undermining these specific interests.

2) The documents concerning the management of the Grant Agreement,
relating to action status reports, cannot be disclosed as they are
protected by Article 4(2) first indent of the Regulation (protection of
commercial interests of natural and legal person), Article 4(3) (decision
making process) and Article 4(1)(b) of the Regulation (protection of
privacy and the integrity of the individuals).

We have considered the possibility of granting partial access and the
following documents can be partially released:

- Approval of ASR 2019 _Action 2014-EU-TM-0301-M (doc. 1)

- Request for submission of Action Status Report 2014-EU-TM-0401-M 2019
(doc. 2)

- Approval of ASR 2020 _Action 2014-EU-TM-0301-M (doc. 3)

Some parts have been blanked out as their disclosure is prevented by
exceptions to the right of access laid down in Article 4(2) first indent
of the Regulation (protection of commercial interests of natural and legal
person) and Article 4(1)(b) of the Regulation (protection of privacy and
the integrity of the individuals).

3) The documents concerning the management of the Grant Agreement,
relating to Amendment no.1. cover preparatory technical exchanges and
clarifications meant to define the scope of the modification that are part
of the usual standard assessment the Agency carries out for any amendment
request and cannot be disclosed as they are protected by Article 4(2)
first indent of the Regulation (protection of commercial interests of
natural and legal person), Article 4(1)(b) of the Regulation (protection
of privacy and the integrity of the individuals) and Article 4(3) of the
Regulation (decision making process).

We have considered the possibility of granting partial access and the
following documents can be partially released:

- Letter INEA to TELT 18 February 2019 (doc. 4)

- Amendment request for Action 2014-EU-TM-0301-M (doc. 5) 

- Letter INEA to MIT 5 December 2019 (doc.6)

- Letter DG MOVE and INEA to MIT 2 March 2020 (doc.7)

- Transmission Letter INEA to MIT Amendment no1 20 March 2020 (doc.8)

- Transmission Letter INEA to MIT Corrigendum Amendment no1 25 March 2020
(doc.9)

- Transmission Letter MIT to INEA signed Amendment no1 MIT to INEA 15
April 2020 (doc.10)

- Transmission letter INEA to MIT Amendment no1 signed by both parties 17
April 2020 (doc.11)

- Signed amendment n°1-Action 2014-EU-TM-0301-M (doc.12)

Some parts have been blanked out as their disclosure is prevented by
exceptions to the right of access laid down in Article 4(2) first indent
of the Regulation (protection of commercial interests of natural and legal
person), Article 4(1)(b) of the Regulation (protection of privacy and the
integrity of the individuals) and Article 4(3) of the Regulation (decision
making process).

4) The documents concerning access to documents procedures under
Regulation 1049/2001 [consultations between INEA and MIT carried out on
the basis of Articles 4(4)/(5) of the Regulation], cannot be disclosed as
they are protected by Article 4(2) first indent of the Regulation
(protection commercial interests of natural and legal person), Article
4(1)(b) of the Regulation (protection of privacy and the integrity of the
individuals) and Article 4(3) of the Regulation (decision making process).

5) Mission reports from two meetings:

- The meeting report from meeting held 22 January 2020 (doc.13). This
document can be partially disclosed. Some parts have been blanked out as
their disclosure is prevented by exceptions to the right of access laid
down in Article 4(2) first indent of the Regulation (protection of
commercial interests of natural and legal person), Article 4(2) third
indent (purpose of inspections, investigations and audits), Article
4(1)(b) of the Regulation (protection of privacy and the integrity of the
individuals) and Article 4(3) of the Regulation (decision making process).

This document was drawn up for internal use under the responsibility of
the relevant officials of INEA. It solely reflects the author'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 INEA and
cannot be quoted as such.

- The meeting report from meeting held 11 and 12 February 2019 cannot be
disclosed as it is protected by Article 4(2) first indent of the
Regulation (protection commercial interests of natural and legal person),
Article 4(2) third indent (purpose of inspections, investigations and
audits), Article 4(3) (decision making process) and Article 4(1)(b) of the
Regulation (protection of privacy and the integrity of the individuals).
We have considered the possibility of granting partial access in
accordance with Article 4(6) of the Regulation, however, no meaningful
partial access is possible without undermining these specific interests.

Disclaimers:

1.       You have lodged your application via a private third-party
website, which has no link with any institution of the European Union.
Therefore, CINEA cannot be held accountable for any technical issues or
problems linked to the use of this system.

2.       We understand that the third party running the AsktheEU.org
website usually publishes the content of applicants’ correspondence with
CINEA on that website. This includes the personal data that you may have
communicated to CINEA. Please note that the private third party running
the AsktheEU.org website is responsible and accountable for the processing
of your personal data via that website, and not CINEA. For further
information on your rights, please refer to the third party’s privacy
policy.

3.       Please note that documents or part of the documents originating
from third parties are 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 documents without the agreement of the originator, who may
hold an intellectual property right on them. CINEA does not assume any
responsibility from their reuse.

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled
to make a confirmatory application as regards your request for access to
documents requesting the Agency to review this position.

Such a confirmatory application should be addressed within 15 working days
upon receipt of this letter to the Director of CINEA at the following
address:

CINEA

Chaussée de Wavre 910

B-1049 Bruxelles

or by email to: [5][email address]

Please note that, since 1^st April 2021, our Agency’s name changed to
“European Climate, Infrastructure and Environment Executive Agency
(CINEA)”. From now on, you can contact the access to documents team via
this e-mail address: [6][email address]

Best regards,

CINEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D7400A.5E027930
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
5. mailto:[email address]
6. mailto:[email address]

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Acknowledgment of receipt - Access to documents request - INEA 2021/7 -
Ares(2021)3909451

Sent by ve_cinea.access-documents (CINEA)
<c[INEA request email]>. All responses have to be sent to
this email address.
Envoyé par ve_cinea.access-documents (CINEA)
<c[INEA request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

Thank you for your email of 6 June 2021.  We hereby acknowledge receipt of
your confirmatory application for access to documents which was registered
on 7 June 2021, under the reference number INEA 2021/7.

In accordance with Regulation (EC) No 1049/2001, your application will be
handled within 15 working days. The time limit will expire on 28 June
2021. In case this time limit needs to be extended, you will be informed
in due course.

Best regards,

CINEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D76133.BBDD7C40
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Holding reply - Access to documents - INEA 2021/7 - Ares(2021)4208347

Sent by ve_cinea.access-documents (CINEA)
<c[INEA request email]>. All responses have to be sent to
this email address.
Envoyé par ve_cinea.access-documents (CINEA)
<c[INEA request email]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

We refer to your request for access to documents of 6 June 2021,
registered on 7 June 2021 under the reference number INEA 2021/7.

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 28 June 2021.

We have to extend the time limit with 15 working days in accordance with
Regulation (EC) No 1049/2001 regarding public access to documents. The new
time limit expires on 19 July 2021.

An extended time limit beyond the one indicated above might be needed as
your request for access to documents includes a document (Amendment no.1)
that is currently object of a consultation from the European Ombudsman
regarding the decision of the Agency on a request from another applicant.
The matter is currently assessed by the Ombudsman and a solution regarding
the parts of the concerned document to be disclosed is expected in the
coming weeks. The disclosure of any document based on Regulation (EC) No
1049/2001 on access to documents has erga omnes effects. The same content
of the document will be disclosed to all applicants. Therefore, for the
sake of administrative efficiency, we will be able to reply to your
request when the position of the Agency on the level of disclosure of the
concerned document is final and the ongoing Ombudsman file is closed. 

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

Best regards,

CINEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D76C46.E5DAA0E0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Holding reply - Access to documents - INEA 2021/7 - Ares(2021)4659122 
(Please use this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Sir,

We refer to your request for access to documents of 6 June 2021,
registered on 7 June 2021 under the reference number INEA 2021/7.

As we informed you on 28 June 2021, your application is currently being
handled but we are not yet in a position to reply to you. Your request for
access to documents includes a document (Amendment no.1) that is currently
object of a consultation from the European Ombudsman regarding the
decision of the Agency on a request from another applicant. The Ombudsman
is currently in consultation with the other applicant on the position of
the Agency regarding the level of disclosure and then will finalise her
assessment and close the file. This is not expected to take place before
September.

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

Best regards,

CINEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D77CB6.050896A0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...