Ref. Ares(2021)1261171 - 15/02/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
Acting Director-General
Brussels
JUST.04/PB/
Mr Arun Dohle
Against Child Trafficking
c/o Easy Start Office
Kraijenhoffstraat 137A
Amsterdam
Netherlands 1018 RG
e-mail:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents - GESTDEM 2020/5262
Dear Mr Dohle,
We refer to your email of 4 September 2020 in which you make a request for access to
documents, registered under the above-mentioned reference number. We apologise for
the delay in getting back to you.
You request access to “
All documents and correspondence related to the grant which
was approved in December 2013 to help fund the development of iSupport, by pledging
an amount up to € 717,000 to the Hague Conference (HCCH).”
Your application thus concerns the following document/documents:
Registration
Title
Date
number
DOC 1
Ares(2013)3064675 JUST/2013/JCIV/AG-Letter Budget Review
17-09-2013
DOC 2
Ares(2013)3218081 JUST/2013/JCIV/AG Evaluation report
10-10-2013
DOC 3
Ares(2014)816960
Just/2013/JCIV/AG/4627 - Sending of 2 GA
20-03-2014
DOC 4
Ares(2014)1151682 Application for access to minutes of the
11-04-2014
Evaluation Committee for the call for
proposals JUST/2013/JCIV/AG
DOC 5
Ares(2014)1505766 JUST/2013/JCIV/AG/4627- iSupport -
24-04-2014
questions intellectual and industrial property
rights
DOC 6
Ares(2014)2522956 Just/2013/JCIV/AG/4627 - 1 GA received
17-07-2014
signed + annexes
DOC 7
Ares(2014)3153367 JUST/2013/JCIV/AG/4627 - iSupport (case
25-09-2014
management and communication system for
the recovery abroad of maintenance"-
Amendment n°1-change of the legal address
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
DOC 8
Ares(2014)3867449 JUSt/2013/JCIV/AG/4627-I support- re-
20-11-2014
subcontracting rules smart guide line 48 of
the budget
DOC 9
Ares(2015)618898
RE: Urgent: Grant Agreement
13-02-2015
JUST/2013/JCIV/AG/4627 – iSupport –
applicable rules for public procurement
DOC 10
Ares(2015)1507938 JUST/2013/JCIV/AG/4627 – iSupport –
24-03-2015
Change of the bank account and consultant
DOC 11
Ares(2015)2402314 JUST/2013/JCIV/AG/4627 – Signed
24-03-2015
financial identification
DOC 12
Ares(2015)1561795 RE: Grant Agreement
13-04-2015
JUST/2013/JCIV/AG/4627 – iSupport -
eligible cost
DOC 13
Ares(2015)1769612 RE: Grant Agreement
27-04-2015
JUST/2013/JCIV/AG/4627 – iSupport –
Request for budget modification -New
budget AnnexIII request
DOC 14
Ares(2015)2424183 RE: Procurement with a non-EU company
10-06-2015
4627
DOC 15
Ares(2015)3164789 JUST/2013/JCIV/AG/4627 - Amendment nr
20-07-2015
2 signed on 20/07
DOC 16
Ares(2015)3755131 JUST/2013/JCIV/AG/4627 -Progress Report
03-09-2015
signed
DOC 17
Ares(2015)5822486 JUST/2013/JCIV/AG/4627 - Request for a
10-12-2015
modification of budget involving transfer
between Headings in excess of the threshold
foreseen in the Grant Agreement - Key staff
change (salary raise).
DOC 18
Ares(2016)1419832 JUST/2013/JCIV/AG/4627 - AMENDMENT 14-03-2016
N° 3- HCCH Hague Conference- Budget
amendment Annex III - returned signed
DOC 19
Ares(2016)5481410 RE: iSupport - Grant Agreement
21-09-2016
JUST/2013/JCIV/AG/4627-Project duration
extension and Budget amendment
DOC 20
Ares(2016)6752467 JUST/2013/JCIV/AG/4627 - final report and
29-11-2016
cost claim signed
DOC 21
Ares(2017)412003
JUST/2013/JCIV/AG/4627- Supporting
20-01-2017
documents
DOC 22
Ares(2017)1354316 JUST/2013/JCIV/AG/4627-"Isupport"-Conf
15-03-2017
de la Haye droit intern privé"-Final report -
Final payment procedure-B4/04
DOC 23
Ares(2017)695001
JUST/2013/JCIV/AG/4627 - additional
08-02-2017
explanation requested
DOC 24
Ares(2016)861750
JUST/2013/JCIV/AG/4627 - AMENDMENT 18-02-2016
N° 3- HCCH Hague Conference- Budget
amendment Annex III
Since 13 documents originate from a third party (documents with numbers 5, 7, 8, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20), the originator of the documents was consulted.
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, and taking into account the opinion of the
third party I regret to inform you that we cannot grant you access to all the documents.
2
We cannot grant you access to the following documents as disclosure is prevented by the
exception to the right of access laid down in Article 4 of this Regulation:
DOC 10
Ares(2015)1507938 JUST/2013/JCIV/AG/4627 – iSupport –
24-03-2015
Change of the bank account and consultant
DOC 11
Ares(2015)2402314 JUST/2013/JCIV/AG/4627 – Signed
24-03-2015
financial identification
DOC 23
Ares(2017)695001
JUST/2013/JCIV/AG/4627 - additional
08-02-2017
explanation requested
Disclosure of these documents would undermine the commercial interests of the company
that submitted them, as putting this information in the public domain would affect its
competitive position on the market. Therefore, the exception laid down in Article 4(2) first
indent of Regulation (EC) No 1049/2001 applies to these documents.
The exceptions laid down in Article 4(2) of Regulation (EC) No 1049/2001 apply unless
there is an overriding public interest in disclosure of the documents. We have examined
whether there could be an overriding public interest in disclosure but have not been able
to identify such an interest.
Regarding all the other documents, a complete disclosure of the identified documents is
prevented by the exception concerning the protection of privacy and the integrity of the
individual outlined in Article 4(1)(b) of Regulation (EC) No 1049/2001, because they
contain the following personal data:
the names/initials and contact information of Commission staff members not
pertaining to the senior management;
the names/initials and contact details of other natural persons;
other information relating to an identified or identifiable natural person in
connection with information related to the working position;
handwritten signatures/abbreviated signatures of natural persons.
Article 9(1)(b) of the Data Protection Regulation 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 express any particular interest to have access to these personal data nor do you put
forward any arguments to establish the necessity to have the data transmitted for a
specific purpose in the public interest.
Consequently, I conclude 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.
Moreover, in documents 2 and 4, the assessment of the financial capacity of four
applicants is not disclosed. Indeed, their financial capacity was assessed as weak, and
precautionary measures were recommended, without excluding these applicants. Putting
this information in the public domain would affect the applicants' reputation on the
3
market. We feel there is no overriding public interest justifying the disclosure of this
information. We have also examined the evaluation report in order to determine whether
revealing the scores and comments of the evaluators' comments would harm the
commercial interests of the applicants. Taking into account the nature of the comments
included in this report, as well as the fact that the names of the applicants selected and
rejected are already public in the relevant award decision, we have decided that the
exception on the basis of the "commercial interests, including intellectual property" does
not apply in this case.
You may reuse public documents, which have been produced by the European Commission
or by public and private entities on its behalf based on the
Commission Decision on the
reuse of Commission documents. You may reuse the documents disclosed free of charge
and for non-commercial and commercial purposes provided that the source is acknowledged
and that you do not distort the original meaning or message of the documents. Please note
that the Commission does not assume liability stemming from the reuse.
Please note that 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. The European Commission does not assume any responsibility
from their reuse.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit 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 Secretariat-General of the Commission at the following
address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
According to standard operational procedures, the reply is usually also sent by registered
mail. Please note, however, that due to the extraordinary health and security measures
currently in force during the COVID-19 epidemic, which include the requirement for all
Commission non-critical staff to telework, we are unfortunately not in a position to
follow this procedure until further notice. We would therefore appreciate if you could
confirm receipt of the present e-mail by replying to xxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
(e-signed)
Salla SAASTAMOINEN
Enclosure:
21 documents
4
Electronically signed on 12/02/2021 15:33 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
