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[4]Ares(2018)2523755 - FW: access to documents request - Correspondence
with Element Power Ireland Limited- INEA 2018/11

Sent by PACURAR Adriana (INEA) <[email address]>. All
responses have to be sent to this email address.
Envoyé par PACURAR Adriana (INEA) <[email address]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Ms. Douo,

 

Subject:           Your application for access to documents – Ref INEA
2018/11

 

We refer to your  e-mail  dated 03/04/2018 in which you make a request for
access to documents, registered on 04/04/2018 under the above mentioned
reference number.

You request access to all correspondence, including emails, agendas,
records of meetings, minutes of meetings, participants lists and any other
reports of such meetings between officials/representatives of INEA and
Element Power Ireland Limited between 26 April 2017 and 26 January 2018.

 

Your application concerns the following documents:

·         Exchanges of emails Action 1.9.1-0018-IEUK-S-M-15 - final report
and financial statements - Ref. Ares(2017)6335531 - 22/12/2017

·         Email of 9 January 2018 Action 1.9.1-0018-IEUK-S-M-15 - final
report and financial statements –sampling Ref. Ares(2018)134320 -
09/01/2018

               

Having examined the documents requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, INEA has come to
the conclusion that it may be partially disclosed. Some parts of the
document have been blanked out as their disclosure is prevented by
exceptions to the right of access laid down in Article 4 of this
Regulation. The documents requested contain personal data which have been
expunged.  Disclosure of these parts would undermine the protection of the
personal data.

 

-              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 EU 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 the documents requested expunged from this personal
data.

 

-              As regards the two  attachments to the emails, Greenlink -
CEF 2015 Final documents.zip sampling and procurement table.xlsx, we came
to the conclusion that it cannot be disclosed based on the exceptions
foreseen in  Article 4(2) this Regulation. These documents contain
technical and financial information and their disclosure would harm the
commercial interests and/or interests in the field of intellectual
property of the company or individuals and must therefore be refused.

 

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled
to make a confirmatory application requesting the Agency to review this
position.

 

Such a confirmatory application should be addressed within 15 working days
upon receipt of this letter to the Director of INEA at the following
address:

 

INEA

Chaussée de Wavre 910

B-1049 Bruxelles

or by email to: [email address]

 

Yours faithfully,

 

INEA Access to Documents Team

 

 

 

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