Margarida da Silva

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 (including but not limited to emails, correspondence, minutes, meeting reports, briefings, etc) which contain the opinion of the Staff Committee regarding the application by the EDA's former Chief Executive, Jorge Domecq, to take up employment at Airbus as per Article 18 of the Staff Regulations.

Yours faithfully,

Margarida da Silva
Corporate Europe Observatory
Rue d'edimbourg 26
Ixelles, Belgique

ACCESS TO DOCUMENTS, Agence européenne de défense

Dear Madam,

We hereby acknowledge receipt of your application for access to documents, which was registered by EDA on 14 April 2021.

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 04 May 2021. In case this time limit needs to be extended, you will be informed in due course.

Yours sincerely,

EDA Access to Documents

[EDA request email]
Rue des Drapiers 17-23
1050 Brussels
Belgium
www.eda.europa.eu

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ACCESS TO DOCUMENTS, Agence européenne de défense

2 Attachments

Dear Madam,

We refer to your email of 13 April 2021, wherein you submit an access to documents request, registered under the reference 2021-12-IN.

In your request you seek access to documents (including but not limited to emails, correspondence, minutes, meeting reports, briefings, etc) which contain the opinion of the Staff Committee regarding the application by the EDA's former Chief Executive, Jorge Domecq, to take up employment at Airbus as per Article 18 of the Staff Regulations.

We have identified an email exchange with the Staff Committee on the subject matter which falls under the scope of your request, to which we grant you access herewith.

Please note that a full 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 personal data.

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 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.

The exception under Article 4(1)(b) is absolute in nature and therefore, not balanced by an overriding public interest in disclosure. Thus, the personal data in the documents have been redacted.

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: [EDA request email]

Yours sincerely,

EDA Access to Documents

[EDA request email]
Rue des Drapiers 17-23
1050 Brussels
Belgium
www.eda.europa.eu

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