Meetings Nexter - EDA

lennart hofman made this access to documents request to European Defence Agency

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The request was refused by European Defence Agency.

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:

- all reports (and other notes) from meetings between EDA and representatives of Nexter, from February 22st 2022 onwards.

- all correspondence (including emails) between EDA and Nexter, February 22 2022 onwards.

- a list of all the above-mentioned documents (including dates, names of participants/senders/recipients and their affiliation, subject of meeting/correspondence)

Yours faithfully,
Lennart Hofman

ACCESS TO DOCUMENTS, European Defence Agency

9 Attachments

Dear Sir,

 

We hereby acknowledge receipt of your application for access to documents
of 3 March 2023, which was registered by EDA on 6 March 2023 under the
reference 2023-07-IN.

 

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 27 March 2023. In case this time limit needs to be
extended, you will be informed in due course.

 

Yours sincerely,

 

EDA Access to Documents
[1]signature_572346763
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automatically generated    
[7]signature_962340998  
FOLLOW US ON  [3]signature_1410448363  [8][EDA request email]
[4]signature_1761553044  [9]signature_1728784819   Rue des
[5]signature_1554460717  [6]signature_1422700287 Drapiers 17-23, 1050 Brussels,
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[10]signature_1141883288 
[11]www.eda.europa.eu
[12]signature_572346763

 

 

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ACCESS TO DOCUMENTS, European Defence Agency

9 Attachments

Dear Mr Hofman,

 

We refer to your email of 3 March 2023 by which you submit a request for
access to documents in accordance with Regulation (EC) No 1049/2001.

 

In relation to meetings between representatives of the company NEXTER and
representatives of EDA, you requested:

 

• all reports (and other notes) from meetings between EDA and
representatives of NEXTER, from February 22st 2022 onwards.
• all correspondence (including emails) between EDA and NEXTER, from
February 22 2022 onwards.
• a list of all the above-mentioned documents (including dates, names of
participants/senders/recipients and their affiliation, subject of
meeting/correspondence)

 

We have conducted an internal search of the documents falling within the
scope of your request and we found:

• extensive correspondence and other documents relating to ongoing
contracts signed between EDA and NEXTER;
• briefing notes and a flash report concerning a meeting between
representatives of EDA and NEXTER in the framework of the Eurosatory
meeting of 13-15 June 2022.

 

We regret to inform you that the documents related to those contracts and
event cannot be released since they are protected by the following
exceptions set out in Article 4 of Regulation (EC) No 1049/2001:

1. Article 4(1)(a) second indent - defence and military matters.

The documents contain information regarding a project of the Member States
relating to defence and military matters. Additionally, the project is
still ongoing.

2. Article 4(2) first indent - commercial interests of a natural or legal
person, including intellectual property.

The documents contain information of commercial nature the disclosure of
which could undermine and impact negatively the business activities and
commercial interests of Member States and other stakeholders. Putting such
information in the public domain would affect their competitive position
on the market. The exceptions laid down in Article 4(2) Regulation
1049/2001 apply unless there is an overriding public interest in
disclosure of the document/documents.

 

Pursuant to Article 4(2) of Regulation 1049/2001, we have also examined to
which extent the exception laid down in Article 4(2) of Regulation
1049/2001 may be waived in case of an overriding public interest in
disclosure. Such an interest must firstly be 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 exceptions stipulated in Article 4(2) mentioned above.
As a result, access to these documents on the basis of overriding public
interest cannot be justified.

 

3. Article 4(1)(b) privacy and the integrity of the individual, in
particular in accordance with Union legislation regarding the protection
of personal data.

Article 9(1)(b) of Regulation 2018/1725 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.

 

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 address: [1][EDA request email] .

 

Yours sincerely,

 

EDA Access to Documents
[2]signature_572346763
[3]A picture containing drawing Description  
automatically generated    
[8]signature_962340998  
FOLLOW US ON  [4]signature_1410448363  [9][EDA request email]
[5]signature_1761553044  [10]signature_1728784819   Rue des
[6]signature_1554460717  [7]signature_1422700287 Drapiers 17-23, 1050 Brussels,
Belgium
[11]signature_1141883288 
[12]www.eda.europa.eu
[13]signature_572346763

 

 

From: ACCESS TO DOCUMENTS <[EDA request email]>
Sent: Wednesday, March 8, 2023 6:54 PM
To: lennart hofman <[FOI #12705 email]>
Subject: 2023-07-IN.- access to documents request - Meetings Nexter - EDA

 

Dear Sir,

 

We hereby acknowledge receipt of your application for access to documents
of 3 March 2023, which was registered by EDA on 6 March 2023 under the
reference 2023-07-IN.

 

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 27 March 2023. In case this time limit needs to be
extended, you will be informed in due course.

 

Yours sincerely,

 

EDA Access to Documents
[14]signature_572346763
[15]A picture containing drawing Description  
automatically generated    
[20]signature_962340998  
FOLLOW US ON  [16]signature_1410448363  [21][EDA request email]
[17]signature_1761553044  [22]signature_1728784819   Rue des
[18]signature_1554460717  [19]signature_1422700287 Drapiers 17-23, 1050 Brussels,
Belgium
[23]signature_1141883288 
[24]www.eda.europa.eu
[25]signature_572346763

 

 

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