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[4]Ares(2018)2521373 - Your application for access to documents – Ref INEA
2018/14

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

Dear Ms. Douo,

Subject:       Your application for access to documents. INEA 2018/14

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
TenneT TSO GmbH and 50Hertz Transmission GmbH between 26 April 2017 and 26
January 2018.

Your application concerns the following email :

-          Action 3.12-0009-DE-S-M-17 "Developing the SuedOstLink" - Ref.
Ares(2018)450812 - 25/01/2018

Having examined the document 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 document requested contains personal data which have been
expunged.  Disclosure of these parts would undermine the protection of the
personal data. As regards its attachment 3.12-009-DE-S-M-17_ Draft Annexes
I and III.docx, we came to the conclusion that it cannot be disclosed
based on the exceptions foreseen in  Article 4(3) first subparagraph 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 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 document requested expunged from this personal data.

The e-mail contains preliminary parts of the future Grant Agreement under
discussion that has not been finalized yet. Pursuant to Article 4(3) first
subparagraph of Regulation (EC) No 1049/2001, access to a document, drawn
up by an institution for internal use or received by an institution, which
relates to a matter where the decision has not been taken by the
institution, shall be refused if disclosure of the document would
seriously undermine the institution's decision-making process, unless
there is an overriding public interest in disclosure. This public interest
has not been demonstrated in your application.

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: [5][email address]

Yours faithfully,

INEA Access to Documents Team

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[4]Ares(2018)2525824 - Access to documents request - Correspondence with
CNTEE "Transelectrica" SA- INEA 2018/17

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
2018/17

We refer to your  e-mail  dated 05/04/2018 in which you make a request for
access to documents, registered on 06/04/2018 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
CNTEE "Transelectrica" SA  between 26 April 2017 and 26 January 2018.

Your application concerns the following email :

-          Action 3.8.4-0003-RO-W-M-17 - "Internal line between Cernavoda
and Stalpu (PCI 3.8.4)" - Ref. Ares(2018)450597 - 25/01/2018

Having examined the document 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 document requested contains personal data which have been
expunged. Disclosure of these parts is prevented by the provisions of 
Article 4(1)(b) of this Regulation (protection of privacy and the
integrity of the individual of Regulation 1049/2001). The other parts of
the documents that were redacted contain commercially sensitive business
information of the company that submitted the application. Disclosure of
these parts would harm the commercial interests and/or interests in the
field of intellectual property of the company or individuals protected by
the provisions of Article 4(2) first indent of the Regulation. As regards
its attachment 3.8.4-0003-RO-W-M-17_AnnexI__AnnexIII.docx, we came to the
conclusion that it cannot be disclosed based on the exception foreseen in
 Article 4(3) first subparagraph of this Regulation, access to a document,
drawn up by an institution for internal use or received by an institution,
which relates to a matter where the decision has not been taken by the
institution, shall be refused if disclosure of the document would
seriously undermine the institution's decision-making process, unless
there is an overriding public interest in disclosure.

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 email to the Director of INEA at the following
address:

INEA

Chaussée de Wavre 910

B-1049 Bruxelles

or by email to: [5][email address]

Yours faithfully,

INEA Access to Documents Team

show quoted sections