Ref. Ares(2018)6357119 - 11/12/2018
DIRECTORATE-GENERAL MIGRATION AND HOME AFFAIRS
Your application for access to documents – Ref GestDem No 2018/6132
We refer to your e-mail dated 6/11/2018 in which you make a request for access to
documents, registered under the above-mentioned reference number.
You request access to all internal documents for ordering the “Study on the feasibility of
establishing a mechanism for the relocation of beneficiaries of international protection”.
We have identified the contract for this study is JLX/2009/ERFX/PR/1005.
In our communication Ares(2018)5957241, we informed you that your initial request
(Ref GestDem 2018/5811) will be addressed in two separate replies, with the present
reply addressing the scope related to the financial aspects. This reply has now the
GestDem No 2018/6132 and answers the following element of your request: “This
includes all internal documents for ordering the study. It also includes the contract for
As a consequence, the following documents have been identified in relation to your
Document 1: Annual Work Programme ERFX/2009 – Public document
Document 2: Technical specifications and annexes – Public document
Document 3: Evaluation Committee Report – Ref: JLS/B4/(2009)A/14700
Document 4: Contract – Ref: JLS/B4/(2009)A/18074
Following an examination of all documents here above listed and requested under the
provisions of Regulation (EC) No 1049/2001 regarding public access to documents, I have
come to the conclusion that documents 1 and 2 are public and can be disclosed (the
respective links are listed in the enclosure) and documents 3 and 4 may be partially
disclosed. Some parts of documents 3 and 4 have been blanked out as their disclosure is
prevented by exceptions to the right of access laid down in Article 4 of this Regulation.
Registered letter with acknowledgement of receipt
Mr. Klaus Zinser
88427 Bad Schussenried
By email: email@example.com
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË — Tel. +32 22991111
Some redacted parts of documents 3 and 4 contain commercially sensitive business
information of the company that submitted it, which should not be disclosed, as provided in
Article 4(2), first indent of Regulation (EC) No 1049/2001.
The documents identified in the scope of the present request for access to documents
contain information relating to the execution of a service. Its disclosure would not only
undermine the protection of commercial interests of a natural or legal person, including
intellectual property but also give the competitors a competitive advantage during the
reopening of competition. Its disclosure would undermine the protection of the relevant
natural or legal person’s expertise, strategy and creativity and thus their commercial
Article 4(2), first indent, of Regulation (EC) 1049/2001 (protection of commercial interests)
applies unless there is an overriding public interest in disclosure of the documents
requested. In this instance, we have found no elements, which could indicate the existence
of an overriding public interest in the sense of Regulation (EC) 1049/2001 that would
outweigh the need to protect the commercial interests identified in the present letter.
Some redacted parts of documents 3 and 4 also contain personal data which should not be
disclosed, as provided in Article 4(1)(b) of Regulation (EC) No 1049/2001.
Pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its 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 applicable legislation in this field is Regulation (EC) No
45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the Community
institutions and bodies and on the free movement of such data1. When access is requested to
documents containing personal data, Regulation (EC) No 45/2001 becomes fully
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. 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.
Therefore, personal data have been withheld, except the name of individuals forming part of
senior management staff of the Commission, in conformity with the EU usual practice.
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
1 Official Journal L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
Transparency unit SG-B-4
or by email to: firstname.lastname@example.org
Document 4: Contract – Ref: JLS/B4/(2009)A/18074
Electronically signed on 11/12/2018 09:23 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563