Ref. Ares(2020)6037966 - 28/10/2020
EUROPEAN COMMISSION
Executive Agency for Small and Medium-sized Enterprises (EASME)
Department B - LIFE and H2020 Energy, Environment & Resources
Head of Department
Brussels,
easme.b.2(2020)
Mr Nik Völker
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – Ref. Ares(2020)5350271
Dear Mr Völker,
We refer to your e-mail dated 02/10/2020 in which you make a request for access to
documents, registered on 08/10/2020 under the above-mentioned reference number.
You are requesting access to “
documents which contain the following information:
1) relevant chapter or section of the H2020-MIREU Grant Agreement (ID 776811)
containing the following phrases or similar/corresponding: "how to include Social
License to Operate (SLO) into the mining and metallurgy related permitting and
environmental review processes" or "how to include Public Acceptance into the mining
and metallurgy related permitting and environmental review processes"; in case of
impossible disclosure at least an only partially redacted copy of such information or, at
least, the table of content of such document;
2) amendment to the above referred Grant Agreement as of the 1st of January 2020,
fixing the relation between MIREU and "Comité Académico Técnico de Asesoramiento a
Problemas Ambientales" – CATAPA, as well as later amendments (including corrections,
substitutions, errata, etc.) that are associated to the same relation; in case of impossible
disclosure at least a list of such documents;
3) DGPR or similar data protection guidelines that apply to personal data referred in
Horizon 2020 project deliveries and in communication between beneficiaries and the EC
and its responsible bodies, as well as audit guideline documents that refer to the same
topic;
4) documents relevant for Horizon 2020 that define and regulate "public consultation"
within research projects, as well as audit guideline documents that refer to the same
topic;
5) results and reports of the MIREU mid-term review, performed July 2019”.
Executive Agency for Small and Medium-sized Enterprises (EASME), 1210 Bruxelles/Brussel, BELGIQUE/BELGIË
http://ec.europa.eu/easme/
Your application falls within the scope of Regulation (EC) 1049/20011.
As regards the documentation requested at point 3) of your request, namely “
DGPR or
similar data protection guidelines that apply to personal data referred in Horizon 2020
project deliveries and in communication between beneficiaries and the EC and its
responsible bodies, as well as audit guideline documents that refer to the same topic”,
we understand that you are referring to documents which are publicly available at the
following link:
https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/support/legalnotice
In addition, you can find information on the processing of personal data by the
Commission and the Agency as well as by the beneficiaries under article 39 of the
Annotated Grant Agreement (from page 285 to 288), which is publicly available at this
link:
https://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/amga/h2020-
amga_en.pdf
Concerning the point 1) of your request, namely “
relevant chapter or section of the
H2020-MIREU Grant Agreement (ID 776811) containing the following phrases or
similar/corresponding: "how to include Social License to Operate (SLO) into the mining
and metallurgy related permitting and environmental review processes" or "how to
include Public Acceptance into the mining and metallurgy related permitting and
environmental review processes"; in case of impossible disclosure at least an only
partially redacted copy of such information or, at least, the table of content of such
document”, we have identified the following document containing equivalent phrases to
the information you seek to obtain:
Annex 1 - Description of Action (part A) (EN)
The document contains
commercially sensitive information reflecting in detail the
project methodology and intended intellectual property rights that are not in the public
domain. The public disclosure of this information would seriously undermine its
commercial interests, including intellectual property. Accordingly, the exception in
Article 4(2), first indent, of Regulation No 1049/2001 applies and access to this
document as well as to its table of content is therefore refused.
Concerning the point 2) of your request, namely “
amendment to the above referred Grant
Agreement as of the 1st of January 2020, fixing the relation between MIREU and
"Comité Académico Técnico de Asesoramiento a Problemas Ambientales" – CATAPA, as
well as later amendments (including corrections, substitutions, errata, etc.) that are
associated to the same relation; in case of impossible disclosure at least a list of such
documents", we have identified the following document:
Amendment - AMD - 776811 – 20 (EN)
The document contains
commercially sensitive information reflecting technical and
financial aspects of the project implementation that are not in the public domain.
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, Official Journal of the
European Union L 145, 31.5.2001, p. 43–48.
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Additionally, based also on the negative opinion of the Consortium as regards disclosure
of this document, we consider that the public disclosure of this information would
seriously undermine its commercial interests, including intellectual property.
Accordingly, the exception in Article 4(2), first indent, of Regulation No 1049/2001
applies and access to the document is therefore refused.
Regarding the point 4) of your request, namely “
documents relevant for Horizon 2020
that define and regulate "public consultation" within research projects, as well as audit
guideline documents that refer to the same topic", we regret to inform you that EASME
does not hold such documents. As specified under Article 2(3) of Regulation (EC) No
1049/2001, the right of access as defined applies only to existing documents in the
possession of the institution. Given that no such documents, corresponding to the
description given in your application are held by EASME, we are not in a position to
grant this part of your request.
Finally, as regards the point 5) of your request, namely “
results and reports of the
MIREU mid-term review, performed July 2019", we have identified the following
documents:
Project Periodic Report – Period 1
Deliverable 1.1 H - Requirement No. 1
Deliverable 1.2 POPD - Requirement No. 2
Deliverable 1.3 POPD - Requirement No. 3
Deliverable 1.4 NEC - Requirement No. 4
Deliverable 2.1 Directory of Regions and stakeholders relevant to network
Regions and members of the CoMMER
Deliverable 2.2 SWOT analysis of regions and valorisation of mining heritage
Deliverable 3.1 Review of the applicable regulatory and policy conditions in the
MIREU regions
Deliverable 3.2 Assessment of skills requirements and availability in the MIREU
regions
Deliverable 4.1 Regional cultural identity and stakeholder mapping report
Deliverable 5.1 Strategic analysis of EU regions and mining potential and
opportunities within their RIS3
Deliverable 7.1 Results of the Knowledge Mapping survey
Deliverable 7.2 Preliminary version (prototype) of the MIREU Portal
Deliverable 8.1 Dissemination and communication plan
Deliverable 8.2 MIREU Project identity including a logo, and templates
Deliverable 8.3 Newsletters
Deliverable 8.4 Annual Report with regional case studies
Deliverable 8.6 Report on all dissemination and communication activities and
impacts
Deliverable 9.3 Main conclusions of the First Clustering Workshop
Deliverable 10.1 Project Handbook
Deliverable 10.2 Kick-off Meeting Report
Deliverable 10.3 Project progress meetings & internal reports
The deliverables:
D2.1 Directory of Regions and stakeholders relevant to network Regions and
members of the CoMMER;
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D2.2 SWOT analysis of regions and valorisation of mining heritage;
D3.1 Review of the applicable regulatory and policy conditions in the MIREU
regions;
D3.2 Assessment of skills requirements and availability in the MIREU regions;
D4.1 Regional cultural identity and stakeholder mapping report;
D5.1 Strategic analysis of EU regions and mining potential and opportunities
within their RIS3;
D7.1 Results of the Knowledge Mapping survey;
D7.2 Preliminary version (prototype) of the MIREU Portal; D8.2 MIREU Project
identity including a logo, and templates;
D8.3 Newsletters;
D8.4 Annual Report with regional case studies;
D8.6 Report on all dissemination and communication activities and impacts
D9.3 Main conclusions of the First Clustering Workshop
are publicly available and you may consult them at the following link:
https://cordis.europa.eu/project/id/776811/results
The other 8 remaining deliverables were submitted to the Agency under “
confidential
dissemination level”.
All these 8 deliverables as well as
the Project periodic Report – Period 1 contain technical
sensitive commercial information of the beneficiary and relate to specific results of the
project implementation.
Disclosure of the documents requested would undermine the protection of the commercial
interests of the beneficiary, as putting specific project related outputs in the public domain
could (i) prevent the proper protection of the intellectual property rights generated under the
project; (ii) potentially be commercially detrimental for the beneficiary; and (iii) negatively
impact its competitive position on the market. Therefore, the exception laid down in Article
4(2) first indent of Regulation 1049/2001 applies to these documents.
In accordance with Article 4(6) of Regulation 1049/2001, we have considered the
possibility of granting partial access to the above-mentioned documents requested.
However, for the reasons explained above, no meaningful partial access is possible without
undermining the interests described above.
As a result, the exception laid down in Article 4(2), first indent of Regulation 1049/2001
applies unless there is an overriding public interest in the disclosure of the requested
documents. We were not able to identify any public interest capable of outweighing the
need to protect the commercial interests, including the intellectual property, identified in the
present letter.
In addition, we would like to inform you that the published information on the selected
project is available on the EASME website at the following link:
https://sc5.easme-
web.eu/?p=776811.
Moreover, specific information (e.g. budget, objectives, beneficiaries, public deliverables
etc.) on the project is available in CORDIS and on the project specific webpage
https://cordis.europa.eu/project/id/776811, and the project's website
: https://mireu.eu/.
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In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to
make a confirmatory application requesting the Director of EASME to review this
position.
Such a confirmatory application should be addressed within
15 working days upon receipt
of this letter to the Director of EASME at the following address:
European Commission
EASME
To the attention of Luisa Prista, Director
COV2 12/134
B-1049 Brussels
or by email to:
xxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-signed)
Patrik Kolar
Head of Department B
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Electronically signed on 28/10/2020 09:03 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482