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.

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

Afficher les sections citées

References

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

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

Afficher les sections citées

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

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

Afficher les sections citées

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

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.