EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNATIONAL COOPERATION AND DEVELOPMENT
The Director-General
Brussels, 29 June 2020
devco.d.2.dir(2020)2768634
Mr. Eric Nodge xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GESTDEM 2020/2569 -
EUTF for Africa Monitoring & Oversight Reports -Initial Reply
Dear Mr Nodge,
We refer to your e-mail dated 6 May 2020 in which you make a request for access to documents,
registered on the same date under the above mentioned reference number. I also refer to the
e-mail of 19 May 20201, through which the time limit for handling your application has been
extended by 15 working days, in accordance with article 7(3) of Regulation (EC) No 1049/20012.
1. SCOPE OF YOUR REQUEST
In your request, you ask for access to:
1) Any information, data, or reports provided by RRF IOM (project T05-EUTF-HoA-REG-
25) and Shire Alliance (project T05-EUTF-HoA-ET-51) to the European Commission
(Trust Fund Manager) to comply with monitoring/oversight requirements, which may
have been used by Trust Fund Managers to formulate annual reports;
2) A copy of the annual reports on activities submitted by the Trust Fund Manager of the
Horn of Africa window to the Operational Committee for each year since 2016, per
Article 7.2(e);
3) A copy of the annual and six-monthly financial reports prepared by the Trust Fund
Manager/Accounting Officer of the Horn of Africa window for each year since 2016, per
Article 7.2(g);
4) A copy of the annual reports since 2016, as transmitted by the Operational Committee to
the Trust Fund Board, per Article 6.3(c), if at all modified from what was originally
received from the Trust Fund Manager;
5) Minutes of any meeting of the Operational Committee in which the implementation,
results, or effectiveness of internal control systems regarding project T05-EUTF-HoA-
REG-25 was discussed, per Article 6.3(b);
1 Ares(2020)2640654
2Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.
Commission européenne, 1049 Bruxelles, BELGIQUE - Tél. +32 22991111
6) Minutes of any meeting of the Operational Committee in which the implementation,
results, or effectiveness of internal control systems regarding project T05-EUTF-HoA-
ET-51 was discussed, per Article 6.3(b);
7) A copy of the monthly and six-monthly reports provided by the Commission to the
European Parliament on the implementation of EUTFs since 2016, per comments made
in response to the 2018 study requested by the CONT committee of the European
Parliament and conducted by the Policy Department for Budgetary Affairs
We consider your request to cover documents held up to the date of your initial application, i.e.
6 May 2020.
As regards points (2) and (4) of your application, concerning a copy of the annual reports on
activities submitted by the Trust Fund Manager of the Horn of Africa window to the Operational
Committee for each year since 2016, per Article 7.2(e), and a copy of the annual reports since
2016, as transmitted by the Operational Committee to the Trust Fund Board, per Article 6.3(c), if
at all modified from what was originally received from the Trust Fund Manager, please note that
we have identified under point 2 and 4 the same documents, namely the EU Trust Fund Annual
Reports as published on the EUTF website.
As regards point (3) of your application requesting annual and biannual financial reports, we
would like to clarify that Biannual Reports from 2016 to 2019 have been identified, and so have
the Annual Accounts from 2016 to 2018. With regards to the Annual Accounts from 2019, these
have not been identified as they are have not yet been validated at the date of your request.
However, a part of the Financial Report for year 2019 is available in the 2019 Annual Report
identified under points 2 and 4 (document 2.4 as listed in Annex A).
As regards point (7) of your application requesting a copy of the monthly and six-monthly reports
provided by the Commission to the European Parliament on the implementation of EUTFs since
2016, based on the elements of your request and the information available, we understand this
point as referring to the budgetary monthly reports on the EUTF produced by the Directorate-
General for Budget (DG BUDG) of the European Commission. The reports are produced
monthly, and have been shared with the European Parliament since March 2017. Therefore, we
have not identified any existing document for the year 2016 and the first two months of 2017. In
addition, we would like to clarify that reports from July and December of a given year can be
considered as the six-monthly reports. Please note that the reports are cumulative, thus including
information from the previous year as well.
Based on your application we have identified the documents listed in Annex A to this letter.
2.
ASSESSMENT
AND
CONCLUSIONS
UNDER
REGULATION
(EC)
No 1049/2001
Having examined the documents requested under the provisions of Regulation (EC) No 1049/2001,
we have come to the conclusion that most of them may be fully or partially disclosed, while access
has to be fully denied for certain documents.
2.1. DOCUMENTS FULLY DISCLOSED
Full access is provided to the following documents: (3.1), (3.2), (3.3), (5.1.1), (5.1.6), and documents
from (7.1) to (7.37) as per Annex A.
Please also note that Documents (1.2.1.1), (1.2.7.6), (2.1), (2.2), (2.3), (2.4) are public documents
and web links are provided in Annex A.
2
You may reuse the documents requested free of charge for non-commercial and commercial
purposes provided that the source is acknowledged, that you do not distort the original meaning or
message of the documents. Please note that the Commission does not assume liability stemming
from the reuse.
2.2. DOCUMENTS PARTIALLY DISCLOSED
Partial disclosure refers to those documents parts which have been redacted, as their disclosure is
prevented by exceptions to the right of access laid down in Article 4 of Regulation (EC) No
1049/2001.
Partial disclosure also refers to those documents parts of which have been redacted as they contain
information not falling within the scope of your request. This is the case of documents (1.2.1),
(1.2.1.2), (1.2.3), (1.2.3.1), (1.2.6.6), (3.4.1), (3.4.2), (3.5.1), (3.5.2), (3.6.1), (3.6.2), (3.7.1), (3.7.2),
(5.1), (5.2), (5.3), (6.1) as listed in Annex A. The parts falling outside the scope of your
application, namely, include: indication on the names and implementation status of projects other
than T05-EUTF-HOA-ET-51 (for documents 1.2.1, 1.2.1.2, 1.2.3, 1.2.3.1, 1.2.4); financial
information that does not relate to the Horn of Africa windows of the EU Trust Fund for Africa for
documents (3.4.1), (3.4.2), (3.5.1), (3.5.2), (3.6.1), (3.6.2), (3.7.1), (3.7.2); the discussions held on
projects that were presented for their approval during the Operational Committee meetings (other
than T05-EUTF-HOA-REG-25 and T05-EUTF-HOA-ET-51), and on other issues not pertaining to
project approval, for documents (5.1), (5.2), (5.3), (6.1).
Please note that all documents identified under point 1 of your request were received by the
Commission from third parties, namely from the International Organization for Migration. For
documents (1.1.1), (1.1.2), (1.1.3), (1.1.4) as per Annex A for the EU-IOM Initiative on Migrant
Protection and Reintegration in the Horn of Africa (hereinafter, EU-IOM Initiative) and all the
remaining documents from the Spanish Agency for International Development Cooperation
(AECID) (documents from 1.2.1 to 1.2.8.10 as per Annex A) for the Alianza Shire. These
documents are disclosed for information only and cannot be re-used without the agreement of the
originator, who holds a copyright on them. They do not reflect the position of the Commission and
cannot be quoted as such.
The detailed reasons for partial disclosure of documents are set out below.
2.2.1. Protection of privacy and the integrity of the individual
With regards to documents (1.1.1), (1.1.3), (1.1.4), (1.2.1), (1.2.1.3), (1.2.1.5), (1.2.1.6), (1.2.1.2),
(1.2.2), (1.2.3), (1.2.3.1), (1.2.4), (1.2.4.2), (1.2.4.3), (1.2.5), (1.2.5.5), (1.2.5.6), (1.2.6), (1.2.6.5),
(1.2.6.6), (1.2.6.7), (1.2.7), (1.2.7.4), (5.2), (5.3), (6.1) listed in Annex A, and taking into account the
opinion of the third parties from which the documents originate, a complete disclosure of the
identified documents is prevented by the exception concerning the protection of privacy and the
integrity of the individual outlined in Article 4(1)(b) of Regulation (EC) No 1049/2001, as they
contain the following personal data:
the names/initials and contact information of Commission staff members not pertaining to the
senior management;
the names/initials and contact details of other natural persons;
other information relating to an identified or identifiable natural person, such as images of
natural persons, signatures, functions of natural persons within their organization, specific
information on the projects’ target groups which could lead to their recognition.
3
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 European Union legislation regarding the protection of personal data.
Pursuant to Article 9(1)(b) of the Data Protection Regulation 2018/17253, ‘personal data shall only
be transmitted to recipients established in the Union other than Union institutions and bodies if
‘[t]he recipient establishes that it is necessary to have the data transmitted for a specific purpose in
the public interest and the controller, where there is any reason to assume that the data subject’s
legitimate interests might be prejudiced, establishes that it is proportionate to transmit the personal
data for that specific purpose after having demonstrably weighed the various competing interests’.
Only if these conditions are fulfilled and if the processing constitutes lawful processing in
accordance with the requirements of Article 5 of Regulation 2018/1725, can the transmission of
personal data occur.
In your request, you do not express any particular interest to have access to personal data nor do you
put forward any arguments to establish the necessity to have the data transmitted for a specific
purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access
cannot be granted to the personal data, as the need to obtain access thereto for a purpose in the public
interest has not been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data concerned.
2.2.2. Protection of commercial interests, including intellectual property
Article 4(2), first indent of Regulation 1049/2001 provides that ‘[t]he institutions shall refuse access
to a document where disclosure would undermine the protection of commercial interests of a natural
or legal person, including intellectual property, […] unless there is an overriding public interest in
disclosure’.
The redacted parts of documents (1.1.2) and (1.1.4), as per consultation with the IOM from which
they originate, contain confidential and sensitive information. Their release would jeopardize IOM’s
advantage in terms of cost-effectiveness, know-how (part of intellectual property) and efficiency
over other entities implementing or aiming to implement similar projects worldwide. Additionally,
as the financial reports identified were not designed for external communications purposes, it might
lead to misunderstandings and/or misrepresentations regarding the nature of EU-funded activities
implemented by IOM in the Horn of Africa. Disclosure of this information poses a real risk to affect
IOM’s future activities and project opportunities in a manner that is reasonably expected to reduce
IOM’s capacity to effectively and humanly implement its mandate.
The redacted parts of documents (1.2.1), (1.2.1.2), (1.2.2), (1.2.3), (1.2.3.1), (1.2.4), (1.2.4.2),
(1.2.4.3), (1.2.5), (1.2.5.5), (1.2.6), (1.2.6.5), (1.2.6.6), (1.2.6.7), (1.2.6.8) and (1.2.7) as per Annex A
contain information carrying commercial and competitive value, including on the organizations part
3 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
4
of consortium and those subcontracted under the project, as well as of projects other than T05-
EUTF-HOA-ET-51. That is to say, the documents contain: indication of payments for services,
strategy in managing the dialogue with beneficiary authorities, affiliated entities and other partners,
provision of training, identification of potential suppliers, provision of grants to partners from the EU
and from other organizations, possible procurement plans of these organizations, names and logos of
organisations that would disclose information on the subcontracted/granted entities, as well as
additional competitive information including commercial and business risks, issues with businesses
and technical explanation of business models, technical project design and provision (purchase) of
material.
In addition, the redacted parts of documents (1.2.1.2), (1.2.4.2), (1.2.4.3), (1.2.5.5) describe in detail
the organizational procedures and strategy of some implementing partners, members of the
consortium and subcontractors, as well as that of other project stakeholders (business owners)
located in refugee camps, including information on business strategies, costs, purchases, commercial
activities, number of staff, payments, monthly expenses, prices charged to consumers for selling
electricity, prices paid from consumers (and other information that could reveal the specific
owners/generators from which they are supplied with energy), number of customers, specific
description and characteristics of their businesses, in addition to names and other private
information of the business owners, methods to collect payments, and other data that could affect
their competitive positions and would undermine the protection of the relevant businesses’ expertise
and commercial strength. Additional parts that have been redacted also includes additional
information carrying commercial and competitive value, such as data on down payments, interests,
and payments for services.
The redacted parts of document (3.4.2) include information on financial commitments, contributions
and payments to a number of organizations at a specific moment in time (September 2016).
Disclosing these financial aspects of project implementation could pose a reputational risk for the
implementing partner.
Other documents that are partially disclosed according to Article 4(2), first indent of Regulation
1049/2001 include documents (1.2.1.3), (1.2.1.5), (1.2.1.6), (1.2.5.6), and (1.2.7.4) as per Annex
A. Parts of these documents contain commercially sensitive information related to the business
agreements across beneficiaries, implementing partners and other affiliated entities, and with the
Regional Bureaus of the Federal Democratic Republic of Ethiopia, including specific
commitments amongst the parties. They also include information on subcontractors and their
specific expertise and strategy. Disclosure, to the general public, of such information would
undermine the protection of the relevant implementing partner’s expertise and commercial
strength.
More specifically, documents (1.2.1.3), (1.2.5.6), (1.2.1.5), (1.2.1.6), and (1.2.7.4) as per Annex
A include the contractual terms of the agreement between the implementing partners and sub-
grantees, including specific information relating to financial, operational and technical aspects of
the implementation of the project. This information also includes the description of the tasks
carried out in the framework of the subcontracting, as well as detailed information of the costs of
the project, broken down to various categories and the financial breakdown of the actual costs
incurred by the project partners. In addition, documents (1.2.1.5) and (1.2.1.6) report the
contractual principles that are applied by AECID with its partners, and its disclosure poses the
risk of undermining the interests of AECID when undertaking future contracting with other
entities/organizations, outside of this specific project.
5
Document (1.2.7.10) compiles the main results of the strategic planning meetings between
implementing-collaborating partners and other collaborating organizations. This includes
references to the specific methodology proposed by the implementing partners used to prepare
and to carry out the activities; information on the internal organisation, know-how, strategy and
approach of the project implementation. The document also contains references to supplies and
services sub-contracted with third parties; details on the work relations and practices of exchange of
information and documents between the project staff.
Public disclosure of the parts of the above-mentioned document, through their release under
Regulation (EC) No 1049/2001, would clearly undermine the interests of implementing
organizations, beneficiaries, affiliated entities and private businesses collaborating with the
Alianza Shire, as it would reveal to the public their internal information concerning budgetary,
practical and organisational aspects thereby undermining their future competitive position. That
information constitutes specific know-how of the organisations, on which they may build their
experience in participation in similar kind of operations in the future. Public disclosure of the
information in question would also undermine the interests of the economic operators that were
involved in the projects in question in the capacity of external experts, providers or
subcontractors. Given the competitive value of the information described above, disclosure of the
withheld parts of the aforementioned documents would undermine the protection of the interests
of the implementing partners that submitted it, as putting this information in the public domain
would affect their future competitive position4.
As a consequence, there is a real and non-hypothetical risk that public access to the above-
mentioned information would undermine the commercial interests, including intellectual
property, of the implementing partner. We conclude, therefore, that the refusal of access to the
withheld parts of documents listed above is made on the basis of the exception laid down in the
first indent of Article 4(2) (protection of commercial interests, including intellectual property) of
Regulation (EC) No 1049/2001.
2.2.3 Protection of international relations
Article 4(1)(a), third indent of Regulation (EC) No 1049/2001 provides that the institutions shall
refuse access to a document where disclosure would undermine the protection of the public interest
as regards (...) international relations.
As far as the protection of international relations is concerned, the EU Court has acknowledged that
the institutions enjoy a wide discretion when considering whether access to a document may
undermine that public interest5. In addition, the General Court has acknowledged that the way in
4 The exception relating to commercial interests can also be applied to non-commercial entities. Judgment
of 21 October 2010, .Kalliope Agapiou Joséphidès v European Commission and Education, Audiovisual
and Culture Executive Agency (EACEA), T-439/08, ECLI:EU:T:2010:442, paragraphs 127-128.
5 Judgment of the Court of First Instance of 25 April 2007, in case T-264/04, WWF European Policy
Programme v Council, EU:T:2007:114, paragraph 40.
6
which the authorities of a third country perceive the decisions of the European Union is a component
of the relations established with that third country6.
After careful assessment, we have concluded that parts of documents (1.2.3.1) and (1.2.4.3) as listed
in Annex A cannot be released, as their disclosure would undermine the relations between the EU
and Ethiopia, with regards to positions taken on the implementation of the project on the sovereign
territory of the latter. Public disclosure would thereby negatively affect the EU’s international
relations with this partner country and undermine the implementation of the project and the EU’s
interests in the area.
Parts of the documents (5.1) and (5.2) as listed in Annex A contain information regarding the
positions and views of individual Member States as part of a discussion concerning EU-funded
projects. These positions and views have been anonymised by redacting the names of the Member
States as disclosure to the public at large could be negatively received and construed by the partner
country. Disclosure of non-anonymised positions and views would harm the relations between the
EU and the EU Member States.
Parts of the documents (1.1.1) and (1.1.3) as listed in Annex A, as per the consultation with the IOM
from which they originate, contain information regarding the involvement of specific staff,
beneficiaries and partner organisations in the EU-IOM Initiative, which could risk their work in the
country given the extremely sensitive context of Somalia. Disclosure of the information would harm
the relations between these organisations and the Somali government and undermine the
implementation of project and the organizations’ interests in the area. In addition, the redacted parts
of the documents also include challenges, mitigation measures and IOM engagement with
government actors, recognitions of areas/territories which remain confidential due to risks they pose
to the international relations between the EU / IOM (as they could lead to misunderstandings and/or
misrepresentations regarding the nature of EU-funded activities implemented by IOM in the Horn of
Africa) and the authorities from the Horn of Africa.
In the light of the above, I conclude that, there is a reasonable and concrete risk that public
disclosure of the relevant undisclosed parts of the documents concerned is likely to harm the
interest protected by Article 4(1)(a), third indent, of Regulation (EC) No 1049/2001.
2.2.4 Protection of the public interest as regards public security
Article 4(1)(a), first indent of Regulation (EC) No 1049/2001 provides that ‘[t]he institutions shall
refuse access to a document where disclosure would undermine the protection of the public interest
as regards (…) public security’.
Parts of documents (1.1.1) and (1.1.3) as listed in Annex A, as per the consultation with the IOM
from which they originate, include information on actors (IOM’s staff, beneficiaries, affiliated
entities, contractors and partners) operating in Somalia in the context of the EU-IOM Initiative. The
release of this information could pose risks (including considerable security risks) for IOM’s partner
organisations, which could be targeted because of their involvement in the EU-IOM Initiative, in
particular in the extremely sensitive context of Somalia. It would also pose risks for the target
6 Judgment of the General Court of 27 February 2018, in case T-307/16, CEE Bankwatch Network v.
European Commission, ECLI:EU:T:2018:97, paragraphs 89 –90
7
groups, consisting mostly of vulnerable migrants, including unaccompanied migrant children, and
for IOM staff and partners as it contains references to specific sites and locations, which could pose
security concerns and risk of targeting for the individuals should this information be disclosed.
Parts of documents (1.2.1.2), (1.2.2), (1.2.3.1), (1.2.4.3), (1.2.5), (1.2.5.5), (1.2.6), (1.2.6.7) as per
Annex A have been redacted from the document as they include information on the specific
ethnicities, tribes and language groups of people living in the refugee camps, including vulnerable
migrants and unaccompanied minors, as well as their numbers. The document also contains the
specific name, images of maps and geo-localization of a number of houses, stores and small
businesses within the refugee camps, including information on where unaccompanied minors live. In
addition, document (1.2.5), (1.2.6) and (1.2.6.7) as per Annex A also contains information on a
workshops attended by refugees, and contains sensitive information on some vulnerable areas of the
camps in which the project takes place.
This type of sensitive information would hinder the public security of the refugee population living
in the vulnerable areas of the camp, and would make the very individuals and/or groups targeted by
these initiatives more vulnerable.
Public access, at this stage, would therefore undermine the public interest as regards public security
of the refugee population targeted by the abovementioned project, as it would expose specific details
about the location of vulnerable areas of the refugee camps which would allow targeting of
individuals, including vulnerable people and unaccompanied minors refugees.
Consequently, there is a real and non-hypotetical risk that public access to the above-mentioned
information would undermine the public security of a vulnerable part of the population living in
the refugee camps where the project is implemented. It is therefore concluded that the refusal of
access, at this stage, to the parts of the documents mentioned above concerning public interest
and public security-related details of the proposed action is justified on the basis of Article
4(1)(a), first indent of Regulation 1049/2001.
2.3. DOCUMENTS NOT DISCLOSED
We regret to inform you that your application cannot be granted for a number of documents as
disclosure is prevented by exceptions to the right of access laid down in Article 4 of Regulation (EC)
No 1049/2001.
The detailed reasons for non disclosure of documents are set out below.
2.3.1 Protection of privacy and the integrity of the individual
Article 4(1)(b) of Regulation 1049/2001 provides that ‘access to documents is refused where
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.’
Document (1.2.1.8) as per Annex A contains information relating to an identified or identifiable
natural person, such as images of natural persons. Disclosure of the identified document is prevented
by the exception concerning the protection of privacy and the integrity of the individual outlined in
Article 4(1)(b) of Regulation (EC) No 1049/2001.
8
The same provisions of the Data Protection Regulation is mentioned in section 2.2.1 of this letter
apply.
In your request, you do not express any particular interest to have access to personal data nor do you
put forward any arguments to establish the necessity to have the data transmitted for a specific
purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access
cannot be granted to the personal data contained in the requested documents, as the need to obtain
access thereto for a purpose in the public interest has not been substantiated and there is no reason to
think that the legitimate interests of the individuals concerned would not be prejudiced by disclosure
of the personal data concerned.
2.3.2 Protection of the public interest as regards public security
Article 4(1)(a), first indent of Regulation 1049/2001 provides that ‘[t]he institutions shall refuse
access to a document where disclosure would undermine the protection of the public interest as
regards (…) public security’.
Having examined some of the Annexes to the different Progress reports produced by the Alianza
Shire (Documents 1.2.3.2, 1.2.5.7 and 1.2.6.3), and after consultation with the third party from which
they originate, under the provisions of Regulation (EC) No 1049/2001 regarding public access to
documents, we have come to the conclusion that shall not be disclosed in line with (Article 4(6) of
Regulation 2001/1049).
Document (1.2.3.2), (1.2.5.7) and (1.2.6.3) as per Annex A contain sensitive information on some
vulnerable areas of the camps in which the refugee population lives. Particularly, document (1.2.5.7)
and (1.2.6.3), to which you request access, as per consultation with Alianza Shire from which they
originate, relate to a workshops attended by refugees, and contain sensitive information on some
vulnerable areas of the camps in which the project takes place. Their disclosure would also pose
risks for the target groups, consisting mostly of vulnerable migrants, including migrant women and
minors, as it contains references to specific sites and locations, which could pose security concerns
and risk of targeting for the individuals should this information be disclosed.
This type of sensitive information would hinder the public security of the refugee population living
in the vulnerable areas of the camp, and would make the very individuals and/or groups targeted by
these initiatives more vulnerable.
Public access, at this stage, would therefore undermine the public interest as regards public security
of the refugee population targeted by the abovementioned project, as it would expose specific details
about the location of vulnerable areas of the refugee camps.
Consequently, there is a real and non-hypotetical risk that public access to the above-mentioned
documents would undermine the public security of a vulnerable part of the population living in
the refugee camps where the project is implemented. It is therefore concluded that the refusal of
access, at this stage, to the documents mentioned above concerning public interest and public
security-related details of the proposed action is justified on the basis of Article 4(1)(a), first
indent of Regulation 1049/2001.
9
2.4. NO OVERRIDING PUBLIC INTEREST IN DISCLOSURE
The exception laid down in Article 4(2) first indent of Regulation 1049/2001 must be waived if there
is an overriding public interest in disclosure. Such an interest must, firstly, be public and, secondly,
outweigh the harm caused by disclosure.
In your application, you do not put forward any reasoning pointing to an overriding public interest in
disclosing the documents requested.
Nor have we been able to identify any public interest capable of overriding the interests protected by
Article 4(2), first indent, of Regulation 1049/2001.
We conclude, therefore, that the protection of commercial interests prevails.
Please note also that Article 4(1)(a) first indent and 4(1)(b) of Regulation 1049/2001 have an
absolute character and do not include the possibility to demonstrate the existence of an overriding
public interest.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this
letter to the Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(
e-signed)
Koen Doens
Enclosures: Annex A: List of documents
80 Documents fully or partially disclosed
10
