Nous ne savons pas si la réponse la plus récente à cette demande contient l'information ou non – si vous etes Jitka Adamkova veuillez vous connecter et laisser nous savoir.

JASPERS guidance on Czech High Speed Rail Pipeline (VRT)

Jitka Adamkova a fait une demande de Accès à l'information à Banque européenne d'investissement

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Nous attendons Jitka Adamkova de lire la réponse récent et mettre à jour le statut.

Dear Madam, Sir,

Czech High Speed Rail Project (VRT).

JASPERS, which is a partnership between the European Commission and the European Investment Bank (EIB), has given expert help and guidance to the Czech Ministry of Transport in relation to the Czech High Speed Rail Project / Pipeline (VRT).

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:

- The JASPERS Guidance Notes prepared in relation to this project.
- JASPERS / EIB internal documents, including but not limited to memos, papers, e-mails, and letters, discussing the above-mentioned Guidance Notes and/or recommendations.

Please accept my thanks for your help in this matter.

Yours faithfully,

Jitka Adamkova

EIB Infodesk, Banque européenne d'investissement

Dear Ms. Adamkova,

Thank you for your e-mail and interest in the European Investment Bank
(EIB), the long-term financing institution of the European Union.

We hereby confirm receipt of your query of 19 October 2021 received via
the AsktheEU website, which is being handled in line with the provisions
of the EIB Group Transparency Policy. We will revert to you as soon as
possible.

Many thanks for your kind understanding.

Yours sincerely,

Infodesk Team
European Investment Bank
[EIB request email]
_______________________
For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[1]http://www.eib.org/infocentre/publicatio...
). If you have any questions, do not hesitate to contact us.
___________________________________________________________
From: [FOI #10120 email]
To: [email address]
Cc:
Sent: 19/10/2021 11:16:26
Subject: access to documents request - JASPERS guidance on Czech High
Speed Rail Pipeline (VRT)

Dear Madam, Sir,

Czech High Speed Rail Project (VRT).

JASPERS, which is a partnership between the European Commission and the
European Investment Bank (EIB), has given expert help and guidance to the
Czech Ministry of Transport in relation to the Czech High Speed Rail
Project / Pipeline (VRT).

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:

- The JASPERS Guidance Notes prepared in relation to this project.
- JASPERS / EIB internal documents, including but not limited to memos,
papers, e-mails, and letters, discussing the above-mentioned Guidance
Notes and/or recommendations.

Please accept my thanks for your help in this matter.

Yours faithfully,

Jitka Adamkova

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #10120 email]

If [EIB request email] is the wrong address for information requests to European
Investment Bank, please tell the AsktheEU.org team on email
[email address]

This message and all replies from European Investment Bank will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[2]https://www.asktheeu.org/en/help/officers

Please note that in some cases publication of requests and responses will
be delayed.

-------------------------------------------------------------------

______________________________________
EIB Request Reference: IFD000010255956

--------------------------------------------------------------------

Les informations contenues dans ce message et/ou ses annexes sont
reservees a l'attention et a l'utilisation de leur destinataire et peuvent
etre
confidentielles. Si vous n'etes pas destinataire de ce message, vous etes
informes que vous l'avez recu par erreur et que toute utilisation en est
interdite. Dans ce cas, vous etes pries de le detruire et d'en informer la
Banque Europeenne d'Investissement.

The information in this message and/or attachments is intended solely for
the attention and use of the named addressee and may be confidential. If
you are not the intended recipient, you are hereby notified that you have
received this transmittal in error and that any use of it is prohibited.
In
such a case please delete this message and kindly notify the European
Investment Bank accordingly.
--------------------------------------------------------------------

References

Visible links
1. http://www.eib.org/infocentre/publicatio...
2. https://www.asktheeu.org/en/help/officers

cacher les sections citées

15.11.2021
Dear Madam, Sir,

Czech High Speed Rail Project (VRT).

You kindly acknowledged my Freedom of Information Request dated 19.10.2021 the day after it was filed.

Article 7.1 of Regulation 1049/2001 states that EU institutions have a legal obligation to satisfy such a request within 15 working days. They may extend this period for a further 15 days in exceptional cases where there are a large number of documents, and after notifying me (Art. 7.3). The period for your response or notification expired on 11.11.2021.

Whilst I am certain that it is far from the case, it might appear to an observer that there are certain details in the material that I require the Bank/JASPERS to disclose that could underline the precariousness of the Czech VRT project itself.

Such a stance would be diametrically opposed to the policy of openness, transparency and impartiality that the Bank espouses: not only in the manner of the Bank failing to respond to the request itself, but in the Bank/JASPERS’s evaluation of such projects.

I therefore urge you to release the material in a full and frank manner and without further delay.

Yours sincerely,

Jitka Adamkova

InfoDesk, Banque européenne d'investissement

Dear Ms. Adamkova,

 

We refer to your message of 19 October 2021 addressed to the European
Investment Bank (EIB) via the AsktehEU.org website concerning JASPERS and
the Czech High Speed Rail Project/Pipeline (VRT). We also refer to our
acknowledgement of receipt of 20 October 2021 and your follow-up message
of 16 November 2021 on the same matter. Your request has been handled in
accordance with the provisions of the EIB Group Transparency Policy
(EIB-TP)^1  that applies to such requests addressed to the EIB. We note
that Regulation 1049/2001 mentioned in your request does not regulate
access to documents/information requests addressed to the EIB. 

 

We would first like to apologise for the delay of our response, which was
due to an administrative oversight. We take note that, given the delay of
response of the EIB, you ask for “an internal review” of your request. 
Such remedy is not contemplated by the EIB-TP, therefore the Bank would
like to clarify that both your communications will be treated as an
initial request, so that you will be allowed to exercise the remedies
under article 5.31 of the EIB-TP in case you are not satisfied with this
reply.

 

In response to your request, we would first like to outline the nature of
the JASPERS’ assignment and its current status. JASPERS provides technical
advice to Správa železnic and the Ministry of Transport on three
feasibility studies for the proposed high-speed rail lines (HSR) for the
corridors: Prague-Dresden, Prague-Brno-Břeclav, and Přerov-Ostrava.

 

Yours sincerely,

 

Infodesk Team

European Investment Bank

[EIB request email]

 

 

^^[1]
[1]https://www.eib.org/en/publications/eib-...

 

_______________________

For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
http://www.eib.org/infocentre/publicatio...
).  If you have any questions, do not hesitate to contact us.

 

___________________________________________________________
From: [2][FOI #10120 email]
To: [3][email address]
Cc:
Sent: 19/10/2021 11:16:26
Subject: access to documents request - JASPERS guidance on Czech High
Speed Rail Pipeline (VRT)

Dear Madam, Sir,

Czech High Speed Rail Project (VRT).

JASPERS, which is a partnership between the European Commission and the
European Investment Bank (EIB), has given expert help and guidance to the
Czech Ministry of Transport in relation to the Czech High Speed Rail
Project / Pipeline (VRT).

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:

- The JASPERS Guidance Notes prepared in relation to this project.
- JASPERS / EIB internal documents, including but not limited to memos,
papers, e-mails, and letters, discussing the above-mentioned Guidance
Notes and/or recommendations.

Please accept my thanks for your help in this matter.

Yours faithfully,

Jitka Adamkova

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[4][FOI #10120 email]

If [5][EIB request email] is the wrong address for information requests to
European Investment Bank, please tell the AsktheEU.org team on email
[6][email address]

This message and all replies from European Investment Bank will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[7]https://www.asktheeu.org/en/help/officers

Please note that in some cases publication of requests and responses will
be delayed.

-------------------------------------------------------------------

______________________________________
EIB Request Reference: IFD000010255956

--------------------------------------------------------------------

Les informations contenues dans ce message et/ou ses annexes sont
reservees a l'attention et a l'utilisation de leur destinataire et peuvent
etre
confidentielles. Si vous n'etes pas destinataire de ce message, vous etes
informes que vous l'avez recu par erreur et que toute utilisation en est
interdite. Dans ce cas, vous etes pries de le detruire et d'en informer la
Banque Europeenne d'Investissement.

The information in this message and/or attachments is intended solely for
the attention and use of the named addressee and may be confidential. If
you are not the intended recipient, you are hereby notified that you have
received this transmittal in error and that any use of it is prohibited.
In
such a case please delete this message and kindly notify the European
Investment Bank accordingly.
--------------------------------------------------------------------

References

Visible links
1. https://www.eib.org/en/publications/eib-...
2. mailto:[FOI #10120 email]
3. mailto:[email address]
4. mailto:[FOI #10120 email]
5. mailto:[EIB request email]
6. mailto:[AsktheEU.org contact email]
7. https://www.asktheeu.org/en/help/officers

cacher les sections citées

06.12.2021
Dear Madam, Sir,

Czech High Speed Rail Project (VRT).

Thank you for your message of 06 December 2021; I appreciate your response.

Given that the EIB claims legal status as a European Union Institution it appears strange to me that the EIB can claim to be bound by the Bank’s internal Transparency Policy and not bound by EU Regulation 1049/2001 regarding Citizens’ rights to information. The Bank makes long-term loans for projects that will further the objectives of the EU, using EU taxpayers’ money. It would appear that there are few legal grounds for arguing that the EIB is not bound by the standards of openness found under EU law, as well as those found in general international law.

Furthermore, it might be questioned whether JASPERS, as an entity formed by both the EIB and EC, could be bound by such an exemption.

That being said, I appreciate that my request was not drawn as tightly as it could be and could therefore become unnecessarily onerous to fulfill. To that end, I wonder whether you would permit me to refine it to only include material relating to JASPERS’ involvement with the Prague-Dresden HSR study, as the feasibility study for that has been signed off by the Czech Ministry of Transport. I imagine that documentation for that should now be in a static state.

Yours sincerely,

Jitka Adamkova

InfoDesk, Banque européenne d'investissement

 

Dear Ms. Adamkova,

 

We have realized that our reply of 06 December 2021 to your request of 19
October 2021 was not sent in its complete form.

We apologise for the inconvenience this may have caused.

 

Conscious that this might have affected your follow-up request of 06
December 2021, we are keeping this new request on-hold should you wish to
reformulate it taking into account the full previous response from the
EIB.

 

We refer to your message of 19 October 2021 addressed to the European
Investment Bank (EIB) via the AsktehEU.org website concerning JASPERS and
the Czech High Speed Rail Project/Pipeline (VRT). We also refer to our
acknowledgement of receipt of 20 October 2021 and your follow-up message
of 16 November 2021 on the same matter. Your request has been handled in
accordance with the provisions of the EIB Group Transparency Policy
(EIB-TP)^1  that applies to such requests addressed to the EIB. We note
that Regulation 1049/2001 mentioned in your request does not regulate
access to documents/information requests addressed to the EIB. 

 

We would first like to apologise for the delay of our response, which was
due to an administrative oversight. We take note that, given the delay of
response of the EIB, you ask for “an internal review” of your request. 
Such remedy is not contemplated by the EIB-TP, therefore the Bank would
like to clarify that both your communications will be treated as an
initial request, so that you will be allowed to exercise the remedies
under article 5.31 of the EIB-TP in case you are not satisfied with this
reply.

 

In response to your request, we would first like to outline the nature of
the JASPERS’ assignment and its current status. JASPERS provides technical
advice to Správa železnic and the Ministry of Transport on three
feasibility studies for the proposed high-speed rail lines (HSR) for the
corridors: Prague-Dresden, Prague-Brno-Břeclav, and Přerov-Ostrava.

 

For all these studies, JASPERS provides feedback on drafts of the
feasibility study documents, which the competent authorities are free to
accept or not. The advisory process involves an interaction between
JASPERS, Správa železnic and the Ministry of Transport, during which
issues are raised and discussed. JASPERS has produced Guidance Notes for
all three of the studies. The Guidance Notes were provided to the
Ministry, however the interaction process and the integration of comments
and recommendations is still ongoing.

 

On completion of the advisory process, JASPERS will prepare, in line with
its standard approach, an Action Completion Note, summarizing its final
findings, conclusions and recommendations for all three of the projects
together, which are interrelated in terms of functionality. The closure of
the JASPERS’ assignment is planned in the course of next year, with the
timing dependent notably on the completion of the dialogue with the
competent authorities.

 

On the basis of the above, we regret to inform you that we are unable to
disclose the requested Guidance Notes prepared by JASPERS for Správa
železnic and the Ministry of Transport, or JASPERS/EIB internal documents
discussing these Guidance Notes, as they contain opinions for internal and
JASPERS counterparts’ use, and are part of ongoing consultations and
exchanges between JASPERS and its clients. Disclosure of this information
would seriously undermine the EIB’s decision-making process, as it would
seriously compromise JASPERS’s ability to provide frank and open advisory
services, both in this ongoing assignment, as in future assignments^2. 

 

In addition, the disclosure of the requested documents would reveal for
example cost estimations, original conceptual design proposals, freight
and passenger traffic volume data, the detailed assumptions of transport
models and other commercially sensitive data submitted or produced by
third parties and included in the studies supporting the Guidance and
mentioned in the exchanges.  The EIB therefore takes the view that
disclosing this information could undermine legitimate rights and
interests of these third parties^3.

 

Should you require further information on the current status of the
preparation process for the proposed project, we would kindly suggest that
you contact Správa železnic directly ([1][email address]) as they
are responsible for the development and future implementation of the Czech
High Speed rail programme.

 

We hope you find this information useful and remain at your disposal
should you need any further clarifications^4 .

 

 

Yours sincerely,

Infodesk Team

European Investment Bank

[2][EIB request email]

 

 

^[1]
[3]https://www.eib.org/en/publications/eib-...

^2 Art 5.6, 1st sub-paragraph, EIB-TP. No public interest in disclosure
has been identified that would override this exception. In particular, the
requested information does not relate to emissions into the environment
(Art. 5.7, EIB-TP).

^3 In particular, disclosure would undermine the commercial interest of
third parties (Art. 5.5, first and second indent, EIB-TP). The EIB
considers that the requested information concerns the advisory services
provided by JASPERS to third parties and is therefore covered by the
obligation of professional secrecy (Art. 5.3, EIB-TP; Art. 339, Treaty on
the Functioning of the European Union). The EIB and JASPERS must maintain
the confidence and trust of its counterparts, notably as regards the
treatment of confidential information that, if disclosed, would affect
their willingness to work with the Bank (Art. 2.5 EIB-TP). As indicated in
footnote 2, the EIB has not identified any public interest in disclosure
that would override the legitimate interests protected by disclosure
exception. In particular, the information requested does not relate to
emissions into the environment (Art. 5.7, EIB-TP).

^4 In line with Article 5.31, EIB-TP, in case of a total or partial
refusal following your initial application, you have the right to make a
confirmatory application asking the Bank to reconsider its position, or
lodge a complaint with the EIB Group Complaints Mechanism.

___________________________________________________________
From: [4][FOI #10120 email]
To: [5][email address]
Cc:
Sent: 19/10/2021 11:16:26
Subject: access to documents request - JASPERS guidance on Czech High
Speed Rail Pipeline (VRT)

Dear Madam, Sir,

Czech High Speed Rail Project (VRT).

JASPERS, which is a partnership between the European Commission and the
European Investment Bank (EIB), has given expert help and guidance to the
Czech Ministry of Transport in relation to the Czech High Speed Rail
Project / Pipeline (VRT).

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:

- The JASPERS Guidance Notes prepared in relation to this project.
- JASPERS / EIB internal documents, including but not limited to memos,
papers, e-mails, and letters, discussing the above-mentioned Guidance
Notes and/or recommendations.

Please accept my thanks for your help in this matter.

Yours faithfully,

Jitka Adamkova

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[6][FOI #10120 email]

If [7][EIB request email] is the wrong address for information requests to
European Investment Bank, please tell the AsktheEU.org team on email
[8][email address]

This message and all replies from European Investment Bank will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[9]https://www.asktheeu.org/en/help/officers

Please note that in some cases publication of requests and responses will
be delayed.

-------------------------------------------------------------------

______________________________________
EIB Request Reference: IFD000010255956

--------------------------------------------------------------------

Les informations contenues dans ce message et/ou ses annexes sont
reservees a l'attention et a l'utilisation de leur destinataire et peuvent
etre
confidentielles. Si vous n'etes pas destinataire de ce message, vous etes
informes que vous l'avez recu par erreur et que toute utilisation en est
interdite. Dans ce cas, vous etes pries de le detruire et d'en informer la
Banque Europeenne d'Investissement.

The information in this message and/or attachments is intended solely for
the attention and use of the named addressee and may be confidential. If
you are not the intended recipient, you are hereby notified that you have
received this transmittal in error and that any use of it is prohibited.
In
such a case please delete this message and kindly notify the European
Investment Bank accordingly.
--------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. mailto:[EIB request email]
3. https://www.eib.org/en/publications/eib-...
4. mailto:[FOI #10120 email]
5. mailto:[email address]
6. mailto:[FOI #10120 email]
7. mailto:[EIB request email]
8. mailto:[AsktheEU.org contact email]
9. https://www.asktheeu.org/en/help/officers

cacher les sections citées

Dear Madam, Sir,

Thank you for your reply, and I note your reasoning. I apologise for the delay, but I have recently been made aware of a copy of the JASPERS report that you withheld. Here is a link to it:

https://drive.google.com/file/d/1CZTg6EZ...

However, as can be seen from the report, there is little that is commercially sensitive, little that could change appraisal were it to be made public and little to nothing to hide.

1) Indeed, as the feasibility study to which it relates was eventually signed off by the Czech Government, in its prior form, it appears little cognisance of JASPERS' work was given. Can you explain this?

2) There are a couple of peculiarities in the JASPERS document. For example the table in 2.1.4, where two Chinese and Spanish projects with very high modal shift from other transport types to HSR were used. Perhaps a wider comparison beyond the two Chinese and Spanish projects sould have been made. This table indicates passenger conversions in the 30 to 40% range, whereas real EU data is 8%. Why did JASPERS use these three limited and atypical data sources?

3) It is also interesting that the Czech Government / Sprava Zeleznice seem to ignored JASPERS' recommendation to examine essential elements that were omitted from the cost analysis. (1.1.4 to 1.1.7). Do you know why the Czech Government / Sprava Zeleznice ignored your advice?

4) Although the JASPERS report helped advise the Czech Government / Sprava Zeleznice to ensure that the project met minimum viability thresholds, the report was also used by the Czech Government to provide a 'counterargument' in order to test the veracity of the project. Does this not make JASPERS a judge in their own cause, or the use of the report in this context inappropriate?

Yours sincerely,

Jitka Adamkova

InfoDesk, Banque européenne d'investissement

Dear Jitka Adamkova,
Thank you for your follow-up message of 8 November 2022 addressed to the
European Investment Bank (EIB) via the AsktheEU.org website regarding the
Czech High Speed Rail pipeline (VRT). Your request has been handled in
line with the EIB Group Transparency Policy (EIB-TP)
[1]https://www.eib.org/en/publications/eib-....
In response to your first question, and as indicated in our previous
response, please note that the Czech competent authorities are free to
accept or not the feedback provided by JASPERS. The role of JASPERS was
limited to providing technical advice to Správa železnic and the Czech
Ministry of Transport on three feasibility studies for the proposed
high-speed rail lines (HSR) for the corridors: Prague-Dresden,
Prague-Brno-Břeclav, and Přerov-Ostrava, and these authorities remain the
owners of the project. Within this context, it is not for the EIB or
JASPERS to comment on other documents signed off by these authorities or
on decisions taken by these authorities.
Regarding your second question, JASPERS considers that these benchmarks
are not atypical but quite representative of impacts of high-speed rail
lines, of similar length to that proposed here. High speed rail lines,
when well conceived, generally have large impacts on rail travel times and
thus ridership including significant numbers of transferred and newly
created trips. The mix of trip types transferred depends on the line
length, with longer lines more likely to compete with air transport and
shorter ones with car transport.
Concerning your third and fourth questions, please note the EIB-TP sets
out the principles and rules applicable to requests for access to
information and documents Article 5.1. TP. By your third and fourth
questions you are asking the Bank to provide an opinion or take a position
on how, according to you, the Czech Government and/or Sprava Zeleznice are
following up on the JASPERS report/recommendations.  As indicated above,
we consider that neither the EIB nor JASPERS are in the position to
provide an opinion/comments on possible decisions or positions taken by
the competent authorities. In case you are interested on these aspects you
may want to contact them directly.
We hope you find this information useful and remain at your disposal
should you need further clarifications In line with Art. 5.31 EIB-TP, in
case of a total or partial refusal following your initial application, you
have the right to make a confirmatory application asking the Bank to
reconsider its position, or lodge a complaint with the EIB Group
Complaints Mechanism..
Regards,
Yours sincerely,
Infodesk Team
European Investment Bank
[2][EIB request email] 
____
[3]https://www.eib.org/en/publications/eib-...
^2 Article 5.1. TP
^3 In line with Art. 5.31 EIB-TP, in case of a total or partial refusal
following your initial application, you have the right to make a
confirmatory application asking the Bank to reconsider its position, or
lodge a complaint with the EIB Group Complaints Mechanism.
 
_______________________
For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[4]https://www.eib.org/publications/eib-gro...
 ).  If you have any questions, do not hesitate to contact us.
 
 
 
-----Original Message-----
From: Jitka Adamkova <[FOI #10120 email]>
Sent: Tuesday 08 November 2022 14:57
To: InfoDesk <[email address]>
Subject: WO703277 - Internal review of access to documents request -
JASPERS guidance on Czech High Speed Rail Pipeline (VRT)
 
Dear Madam, Sir,
 
 
 
Thank you for your reply, and I note your reasoning. I apologise for the
delay, but I have recently been made aware of a copy of the JASPERS report
that you withheld. Here is a link to it:
 
 
 
[5]https://drive.google.com/file/d/1CZTg6EZ...
 
 
 
However, as can be seen from the report, there is little that is
commercially sensitive, little that could change appraisal were it to be
made public and little to nothing to hide.
 
 
 
1) Indeed, as the feasibility study to which it relates was eventually
signed off by the Czech Government, in its prior form, it appears little
cognisance of JASPERS' work was given. Can you explain this?
 
 
 
2) There are a couple of peculiarities in the JASPERS document. For
example the table in 2.1.4, where two Chinese and Spanish projects with
very high modal shift from other transport types to HSR were used.
Perhaps  a wider comparison beyond the two Chinese and Spanish projects
sould have been made. This table indicates passenger conversions in the 30
to 40% range, whereas real EU data is 8%. Why did JASPERS use these three
limited and atypical data sources?
 
 
 
3) It is also interesting that the Czech Government / Sprava Zeleznice
seem to ignored JASPERS' recommendation to examine essential elements that
were omitted from the cost analysis. (1.1.4 to 1.1.7). Do you know why the
Czech Government / Sprava Zeleznice ignored your advice?
 
 
 
4) Although the JASPERS report helped advise the Czech Government / Sprava
Zeleznice to ensure that the project met minimum viability thresholds, the
report was also used by the Czech Government to provide a
'counterargument' in order to test the veracity of the project. Does this
not make JASPERS a judge in their own cause, or the use of the report in
this context inappropriate?
 
 
 
Yours sincerely,
 
 
 
Jitka Adamkova
 
 
 
-----Original Message-----
 
 
 
 
 
 
 
Dear Ms. Adamkova,
 
 
 
 
 
 
 
We have realized that our reply of 06 December 2021 to your request of 19
 
October 2021 was not sent in its complete form.
 
 
 
We apologise for the inconvenience this may have caused.
 
 
 
 
 
 
 
Conscious that this might have affected your follow-up request of 06
 
December 2021, we are keeping this new request on-hold should you wish to
 
reformulate it taking into account the full previous response from the
 
EIB.
 
 
 
 
 
 
 
We refer to your message of 19 October 2021 addressed to the European
 
Investment Bank (EIB) via the AsktehEU.org website concerning JASPERS and
 
the Czech High Speed Rail Project/Pipeline (VRT). We also refer to our
 
acknowledgement of receipt of 20 October 2021 and your follow-up message
 
of 16 November 2021 on the same matter. Your request has been handled in
 
accordance with the provisions of the EIB Group Transparency Policy
 
(EIB-TP)^1  that applies to such requests addressed to the EIB. We note
 
that Regulation 1049/2001 mentioned in your request does not regulate
 
access to documents/information requests addressed to the EIB. 
 
 
 
 
 
 
 
We would first like to apologise for the delay of our response, which was
 
due to an administrative oversight. We take note that, given the delay of
 
response of the EIB, you ask for “an internal review” of your request. 
 
Such remedy is not contemplated by the EIB-TP, therefore the Bank would
 
like to clarify that both your communications will be treated as an
 
initial request, so that you will be allowed to exercise the remedies
 
under article 5.31 of the EIB-TP in case you are not satisfied with this
 
reply.
 
 
 
 
 
 
 
In response to your request, we would first like to outline the nature of
 
the JASPERS’ assignment and its current status. JASPERS provides technical
 
advice to Správa železnic and the Ministry of Transport on three
 
feasibility studies for the proposed high-speed rail lines (HSR) for the
 
corridors: Prague-Dresden, Prague-Brno-Břeclav, and Přerov-Ostrava.
 
 
 
 
 
 
 
For all these studies, JASPERS provides feedback on drafts of the
 
feasibility study documents, which the competent authorities are free to
 
accept or not. The advisory process involves an interaction between
 
JASPERS, Správa železnic and the Ministry of Transport, during which
 
issues are raised and discussed. JASPERS has produced Guidance Notes for
 
all three of the studies. The Guidance Notes were provided to the
 
Ministry, however the interaction process and the integration of comments
 
and recommendations is still ongoing.
 
 
 
 
 
 
 
On completion of the advisory process, JASPERS will prepare, in line with
 
its standard approach, an Action Completion Note, summarizing its final
 
findings, conclusions and recommendations for all three of the projects
 
together, which are interrelated in terms of functionality. The closure of
 
the JASPERS’ assignment is planned in the course of next year, with the
 
timing dependent notably on the completion of the dialogue with the
 
competent authorities.
 
 
 
 
 
 
 
On the basis of the above, we regret to inform you that we are unable to
 
disclose the requested Guidance Notes prepared by JASPERS for Správa
 
železnic and the Ministry of Transport, or JASPERS/EIB internal documents
 
discussing these Guidance Notes, as they contain opinions for internal and
 
JASPERS counterparts’ use, and are part of ongoing consultations and
 
exchanges between JASPERS and its clients. Disclosure of this information
 
would seriously undermine the EIB’s decision-making process, as it would
 
seriously compromise JASPERS’s ability to provide frank and open advisory
 
services, both in this ongoing assignment, as in future assignments^2. 
 
 
 
 
 
 
 
In addition, the disclosure of the requested documents would reveal for
 
example cost estimations, original conceptual design proposals, freight
 
and passenger traffic volume data, the detailed assumptions of transport
 
models and other commercially sensitive data submitted or produced by
 
third parties and included in the studies supporting the Guidance and
 
mentioned in the exchanges.  The EIB therefore takes the view that
 
disclosing this information could undermine legitimate rights and
 
interests of these third parties^3.
 
 
 
 
 
 
 
Should you require further information on the current status of the
 
preparation process for the proposed project, we would kindly suggest that
 
you contact Správa železnic directly ([1][email address]) as they
 
are responsible for the development and future implementation of the Czech
 
High Speed rail programme.
 
 
 
 
 
 
 
We hope you find this information useful and remain at your disposal
 
should you need any further clarifications^4 .
 
 
 
 
 
 
 
 
 
 
 
Yours sincerely,
 
 
 
Infodesk Team
 
 
 
European Investment Bank
 
 
 
[2][EIB request email]
 
 
 
 
 
 
 
 
 
 
 
^[1]
 
[3]https://www.eib.org/en/publications/eib-...
 
 
 
^2 Art 5.6, 1st sub-paragraph, EIB-TP. No public interest in disclosure
 
has been identified that would override this exception. In particular, the
 
requested information does not relate to emissions into the environment
 
(Art. 5.7, EIB-TP).
 
 
 
^3 In particular, disclosure would undermine the commercial interest of
 
third parties (Art. 5.5, first and second indent, EIB-TP). The EIB
 
considers that the requested information concerns the advisory services
 
provided by JASPERS to third parties and is therefore covered by the
 
obligation of professional secrecy (Art. 5.3, EIB-TP; Art. 339, Treaty on
 
the Functioning of the European Union). The EIB and JASPERS must maintain
 
the confidence and trust of its counterparts, notably as regards the
 
treatment of confidential information that, if disclosed, would affect
 
their willingness to work with the Bank (Art. 2.5 EIB-TP). As indicated in
 
footnote 2, the EIB has not identified any public interest in disclosure
 
that would override the legitimate interests protected by disclosure
 
exception. In particular, the information requested does not relate to
 
emissions into the environment (Art. 5.7, EIB-TP).
 
 
 
^4 In line with Article 5.31, EIB-TP, in case of a total or partial
 
refusal following your initial application, you have the right to make a
 
confirmatory application asking the Bank to reconsider its position, or
 
lodge a complaint with the EIB Group Complaints Mechanism.
 
 
 
___________________________________________________________
 
From: [4][FOI #10120 email]
 
To: [5][email address]
 
Cc:
 
Sent: 19/10/2021 11:16:26
 
Subject: access to documents request - JASPERS guidance on Czech High
 
Speed Rail Pipeline (VRT)
 
 
 
Dear Madam, Sir,
 
 
 
Czech High Speed Rail Project (VRT).
 
 
 
JASPERS, which is a partnership between the European Commission and the
 
European Investment Bank (EIB), has given expert help and guidance to the
 
Czech Ministry of Transport in relation to the Czech High Speed Rail
 
Project / Pipeline (VRT).
 
 
 
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:
 
 
 
- The JASPERS Guidance Notes prepared in relation to this project.
 
- JASPERS / EIB internal documents, including but not limited to memos,
 
papers, e-mails, and letters, discussing the above-mentioned Guidance
 
Notes and/or recommendations.
 
 
 
Please accept my thanks for your help in this matter.
 
 
 
Yours faithfully,
 
 
 
Jitka Adamkova
 
 
 
-------------------------------------------------------------------
 
 
 
This is a request for access to information under Article 15 of the TFEU
 
and, where applicable, Regulation 1049/2001 which has been sent via the
 
AsktheEU.org website.
 
 
 
Please kindly use this email address for all replies to this request:
 
[6][FOI #10120 email]
 
 
 
If [7][EIB request email] is the wrong address for information requests to
 
European Investment Bank, please tell the AsktheEU.org team on email
 
[8][email address]
 
 
 
This message and all replies from European Investment Bank will be
 
published on the AsktheEU.org website. For more information see our
 
dedicated page for EU public officials at
 
[9]https://www.asktheeu.org/en/help/officers
 
 
 
Please note that in some cases publication of requests and responses will
 
be delayed.
 
 
 
-------------------------------------------------------------------
 
 
 
______________________________________
 
EIB Request Reference: IFD000010255956
 
 
 
References
 
 
 
Visible links
 
1. [6]mailto:[email address]
 
2. [7]mailto:[EIB request email]
 
3.
[8]https://www.eib.org/en/publications/eib-...
 
4. [9]mailto:[FOI #10120 email]
 
5. [10]mailto:[email address]
 
6. [11]mailto:[FOI #10120 email]
 
7. [12]mailto:[EIB request email]
 
8. mailto:[AsktheEU.org contact email]
 
9. [13]https://www.asktheeu.org/en/help/officers
 
 
 
-------------------------------------------------------------------
 
Please use this email address for all replies to this request:
 
[FOI #10120 email]
 
 
 
This message and all replies from European Investment Bank will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[14]https://www.asktheeu.org/en/help/officers
 
 
 
Please note that in some cases publication of requests and responses will
be delayed.
 
 
 
-------------------------------------------------------------------
 
 

--------------------------------------------------------------------

Les informations contenues dans ce message et/ou ses annexes sont
reservees a l'attention et a l'utilisation de leur destinataire et peuvent
etre
confidentielles. Si vous n'etes pas destinataire de ce message, vous etes
informes que vous l'avez recu par erreur et que toute utilisation en est
interdite. Dans ce cas, vous etes pries de le detruire et d'en informer la
Banque Europeenne d'Investissement.

The information in this message and/or attachments is intended solely for
the attention and use of the named addressee and may be confidential. If
you are not the intended recipient, you are hereby notified that you have
received this transmittal in error and that any use of it is prohibited.
In
such a case please delete this message and kindly notify the European
Investment Bank accordingly.
--------------------------------------------------------------------

References

Visible links
1. https://www.eib.org/en/publications/eib-...
2. mailto:[EIB request email]
3. https://www.eib.org/en/publications/eib-...
4. https://www.eib.org/publications/eib-gro...
5. https://drive.google.com/file/d/1CZTg6EZ...
6. mailto:[email
7. mailto:[eib
8. https://www.eib.org/en/publications/eib-...
9. mailto:[foi
10. mailto:[email
11. mailto:[foi
12. mailto:[eib
13. https://www.asktheeu.org/en/help/officers
14. https://www.asktheeu.org/en/help/officers

cacher les sections citées

Nous ne savons pas si la réponse la plus récente à cette demande contient l'information ou non – si vous etes Jitka Adamkova veuillez vous connecter et laisser nous savoir.