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:
- A list of invitees to the annual EDA conference of 2018 and the organisations/institutions/companies these invitees represent.
On behalf of Vredesactie
Tel. +32 (0) 3 281 68 39
Mobile: +32 497 13 14 64
Dear Mr Vranken,
We hereby acknowledge receipt of your email dated 24 October 2018 wherein you submit an access to documents request under the provisions of Regulation 1049/2001.
Please be informed that the EDA annual conference will take place on 29 November 2018. Consequently, the currently available list of invitees is a living document and therefore, not final.
To this end, we would like to invite you to let us know whether you would still be interested to receive the draft version of the document available at present. If not, we would invite you to introduce a new application for the final document after the Conference has taken place.
Pending this clarification, please note that the 15 working days time limit for handling your application is suspended.
Thank you in advance for your understanding.
Many thanks for your message and for elaborating on the current status of the document in question. I would be happy to receive the draft document.
Dear Mr Vranken,
We refer to your e-mail dated 24/10/2018 wherein you make a request for access to documents.
You request access to “a list of invitees to the annual EDA conference of 2018 and the organisations/institutions/companies these invitees represent.”
We further refer to our reply of 26/10/2018, wherein we informed you that the document access to which is sought is still a draft as the conference has not taken place yet. We have also invited you to clarify whether you would be still interested in getting access to the document in question or you would prefer to submit a new access to documents request later on.
We further refer to your response of 29/10/2018 wherein you specified that you would like to maintain your access to documents request.
Based on the description given by you, we were able to identify one document falling under the scope of your request.
Having examined the document(s) requested under the provisions of Regulation (EC) No 1049/2001 regarding public access to documents , applicable to the European Defence Agency (hereinafter “EDA”) in accordance with Article 30 of the Council Decision defining the statute, seat and operational rules of the EDA , we regret to inform you that only partial access could be granted, as disclosure is prevented by one or more of the exceptions to the right of access laid down in Article 4 of this Regulation.
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 data .
When access is requested to documents containing personal data, Regulation (EC) No 45/2001 becomes fully applicable .
According to Article 8(b) of this Regulation, personal data shall only be transferred to recipients if they establish the necessity of having the data transferred to them and if there is no reason to assume that the legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the aforementioned personal data to you has not been established and/or that it cannot be assumed that such disclosure would not prejudice the legitimate rights of the persons concerned. Therefore, we are disclosing a version of the document requested in which these personal data 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 letter to the Chief Executive of EDA to the following email: [EDA request email].