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Antrag nach EU-Verordnungen 1049/2001 sowie 1367/2006 Sehr Antragsteller/in auf Basis der Verordnungen 1049/2001 sowie 1367/2006 bitte ich Sie um Übersendung von Dokumenten, die folgende Informationen enthalten:

Dear applicant, This is a reply to your application for access to documents as registered on the 05/05/2021, whereby you request “documents which contain the following: “[…] all correspondence, including attachments, between EMSA and the Greek manufacturer of unmanned air vehicles ALTUS, also please provide me contracts or other documents regarding the leasing of the ALTUS „Ouranos“ and any extension of this contract. […]” The Agency processed your application in line with the provisions of Regulation (EC) No.1049/2001 of the European Parliament and of the Council regarding public access to documents. Given the large extent of documents to be processed and current working conditions due to COVID 19 whereby majority of EMSA staff performs teleworking, the Agency split your application per reference procurement process / resulting contracts / specific contracts implementing the main contracts, in 8 distinct enclosures as follows. Each enclosure lists the documents identified within the scope of your application. Enclosure 1: TENDER OP122016 – procurement related documents * OP122016-Clarification letter to Altus-marked_redacted_opt * OP122016-Clarification response by ALTUS-marked_redacted_opt * OP122016-Rejection letter to Altus 030217-marked_redacted In the scope of the application but subject to NO RELEASE - ALTUS offer in reply to the Call for tenders. Enclosure 2: TENDER OP062016 – procurement related documents * OP0616-2nd-clarification by Altus-marked_redacted_opt * OP0616-2nd-Clarification to Altus -marked_redacted_opt * OP0616-Award Letter_marked_redacted_opt * OP0616-Letter to Altus-Provision of signed FWC-marked_redacted_opt * OP0616-TENDER-1st Clarification to Altus-marked_redacted_opt * OP0616-TENDER-1st-clarification by Altus-marked_redacted_opt In the scope of the application but subject to NO RELEASE - ALTUS offer in reply to the Call for tenders. Enclosure 3.a OP0616-FWC 2017/EMSA/OP/06/2016 related * KoM Presentation 1-contract-marked_redacted * KoM Presentation 2 -set-up-marked_redacted * KoM Presentation 3 -operations-marked_redacted * KoM Presentation 4- Interfacing-marked_redacted * KOM-Agenda Altus-161216 * OP0616-FWC non renewal_redacted * OP0616-FWC-Amendment 1 -marked_redacted In the scope of the application but subject to NO RELEASE - ALTUS KOM Presentation. Enclosure 3.b OP0616-SC1 SETUP * a-OP0616-SETUP-SC 1-marked_redacted * b-OP0616-Letter to Altus-230117- Guidelines Deliverables-SC 1-marked_redacted * c- OP0616-SETUP-SC1-Amendment 1-Extension-090217-marked_redacted * d OP0616-SETUP-Reminder 1 to Altus-marked_redacted * e -OP0616-SETUP-change aircraft-letter by Altus-190517-marked_redacted * f- OP0616-presentation Ouranos-hand over-marked_redacted * g- OP0616-SETUP-change of aircraft-Letter to Altus-070617-marked_redacted * h- OP0616-Attachment A-OURANOS UAS-marked_redacted * h- OP0616-OURANOS-Attachment B Gantt-marked_redacted * h- OP0616-OURANOS-Attachment C-Compliance Matrix-marked_redacted * i -OP0616-SETUP-Reminder 2 to Altus-marked_redacted * j- OP0616-SETUP-Reminder 3 to Altus-280817-marked_redacted * k- OP0616-SETUP-Reminder 3-Response by Altus_260917-marked_redacted * l- OP0616-SETUP-Reminder 4 to Altus-041017-marked_redacted * m- OP0616-SETUP-First partial acceptance-061217-marked_redacted * n- OP0616-OURANOS-Flight Test Trials-080218-marked_redacted * o - OP0616-OURANOS-Flight-Test-Trials-letter by EMSA-150218-marked_redacted * p- OP0616-SETUP-warningTermination letter by EMSA -200318-marked_redacted * r-Debit note no 4440180073 Altus_redacted * q- OP0616-SETUP-Termination-Response by Altus-120418-DEMO-marked_redacted * s- OP0616-SETUP-DEMO flights-Letter to Altus-130418-DEMO-marked_redacted * t-OP0616-SETUP-Second partial Acceptance-Letter by EMSA-250518-marked_redacted * u-OP0616-SETUP-Second Partial Acceptance -response by Altus_190618-marked_redacted In the scope of the application but subject to NO RELEASE – Technical documentation: * 20180208 Ouranos Test Trials Plan - Feb 2018 * System configuration and description * Project Management M1 * Generic Safety Case * On-site logistical requirements * User Interface description * Final Acceptance Test Plan & Report OURANOS * Operations and maintenance Manuals Enclosure 3.c OP0616-SC2-Interfacing * a- OP0616-SCno2-Cover Letter to Altus-marked_redacted * b-OP0616-SC no2-Interfacing-marked_redacted * c- OP0616-SCNo2-Amendment no1-Request-Extension-marked_redacted * d-OP0616-SCno2-Interfacing-Amend.1-Letter to Altus-marked_redacted * e- OP0616-SCno2-Amendment no1-Extension-marked_redacted * f-OP0616-SCno2-Letter to Altus-Delay after extension-marked_redacted * g-EMSA OP6 Final Implementation Report -Module 6 - Final_redacted Public documents - The Interface Control Document for RPAS Service providers document is now published in all EMSA RPAS related calls for tenders via the TED e-Tendering platform. In the scope of the application but subject to NO RELEASE - The Interoperability guidelines – document covered by the exception in Article 4 (2) first indent of Regulation 1049/2001, due to IPR & IT security concerns. Enclosure 3.d OP0616-SC3-Greece-OPS * a-OP0616-Greece-Mobilisation-Form001-service Request Form-GREECE-marked_red * a-OP0616-Greece-Mobilization alert and letter to Altus-marked_redacted * b- OP0616-Greece-Site Survey 24-08-2018-marked_redacted * c-OP0616-Greece-Letter and SC3 to Altus-marked_redacted * d OP0616-Weekly Flight Report sample-marked_redacted * f- OP0616-Amendment No.1 to SC3-cover letter and amendment-marked_redacted * f- OP0616-Amendment No.2 to SC 3-Acceptance by Altus-marked_redacted * f-OP0616-Amendment No.1 to SC3- Request by Altus-marked_redacted * f-OP0616-Amendment No.2 to SC3-Proposal by EMSA -marked_redacted * g-OP0616-Greece-Letter to Altus-resume of operations-200519-marked_redacted * h-OP0616-Greece-Liquidated damages-Altus reply letter 06.08.19-marked_redact * h-OP0616-Greece-Liquidated damages-Letter by EMSA-080719-marked_redacted * h-OP0616-Greece-no Liquated damages-EMSA letter 230819-marked_redacted In the scope of the application but subject to NO RELEASE - Ouranos RPAS Incident Investigation Report 1512018 Enclosure 4: TENDER OP042020 – procurement related documents * _RE_ EMSA_OP_4_2020 Clarification Letter 1st_redacted * OP042020-FWC-ALTUS_redacted * OP0420-2nd Clarif letter reply by Altus_redacted * OP0420-2nd-Clarifications request to Altus-marked_redacted * OP0420-3rd Clarif letter reply by Altus_redacted * OP0420-3rd-Clarifications request to Altus-marked_redacted * OP0420-Award Letter Response by Altus-marked_redacted * OP0420-Award Letter to Altus-marked_redacted * OP0420-Letter to Altus-provision of signed FWC-marked_redacted * OP42020-1st Clarifications request to Altus-marked_redacted In the scope of the application but subject to NO RELEASE - ALTUS offer in reply to the Call for tenders. Enclosure 5: OP042020 - Contract Implementation * OP042020-KOM Altus-100221-marked_redacted * OP0420-Cover Letter- SC1 Interfacing-marked_redacted * OP0420-Cover letter SC2-marked_redacted * OP0420-SC 1- countersigned-marked_redacted * OP0420-SC 2 -countersigned-marked_redacted * OP0420-SC 2-Amendment1- Req for extension Altus_redacted * OP0420-SC2-Amendment 1-Acceptance Letter to Altus-marked_redacted * OP42020-KOM-10 Feb2021-marked_redacted * OP42020-KOM-Agenda-100221-marked_redacted Kindly note that the documents as listed above fall within the following categories: * Public documents (e.g. the ones referenced as public documents already available in the public domain, as applicable); * Documents partially covered by the exceptions in Article 4 of Regulation 1049/2001; * Documents fully covered by the exceptions in Article 4 of Regulation (e.g. marked as NO RELEASE). In respect of the public documents - full content of the draft contracts including the Tender Specifications Annex I can be found on the EMSA website (Working with us/ Procurement/Calls for Tenders/Period 2011-today, for the 2016 procedures, and on the TED e-Tendering platform for the EMSA/OP/4/2020 by simply searching by the number of this procedure. For the contracts resulted out of open calls for tenders - given that the content of the contracts is the same for all of these as the one initially published as part of the procurement documents, and in line with the provisions of the Invitation to Tender document whereby “submission of a tender implies acceptance of all the terms and conditions set out in the procurement documents and, where appropriate, the waiver of the tenderer's own general or specific terms and conditions” – the content of the final contracts remains as published and was not subject to any changes at signature stage. Signed copies of the framework contracts (Special Conditions and General Conditions) were provided for EMSA/OP/06/2016 and EMSA/OP/4/2020 where it can be noticed that the only insertions made to the published versions are the details of the winning tenderer which have been partially redacted as falling under the exceptions of Article 4(1) letter b) (personal data) and Article 4(2) first indent (commercial interests of a natural or legal person, including intellectual property) of the Regulation No.1049/2001 as justified below. Note that while Annex I of each of the published contracts are the Tender Specifications documents published at the same time with the draft contracts and accessible on the public domain, the Annex II of each is composed out of the Contractor’s offer. Kindly find that access to this document shall not be given (valid for all contracts in the list), as content of it fully falls under the exception foreseen by Article 4(2), first indent of Regulation (EC) No.1049/2001 as justified below. In respect of the documents partially covered by exceptions, find that the content of the documents listed above as part of the enclosures and attached to our reply has been partially redacted, the redacted parts falling under exceptions stipulated by Articles 4(1) letter b) and 4(2) first indent of the Regulation No.1049/2001. The respective content has been redacted for the following reasons: * The information contained in the documents constitutes personal data, in particular the names of individuals. The provisions of Article 4.1(b) of the Regulation foresee that access to a document shall be refused where disclosure would undermine the protection of the privacy and integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data. In case of personal data, the provisions of Regulation (EU) 2018/1725 shall apply. This Regulation protects “personal data” which means any information relating to an identified or identifiable person. Surnames and forenames constitute, in themselves, personal data and thus fall within the scope of Article 4.1(b). Given that your application for access to documents did not contain any express and legitimate justifications or arguments substantiating the need to obtain the personal data concerned, the conclusion is that all personal data in the documents shall be protected and therefore not disclosed. * The information contained in the documents entails information relating to contract implementation and tenderer’s / contractor’s strategy on implementing the offered services, technical information, information relating to methodologies, know-how, specific pricing, information carrying a commercial value and operational data (owned by the national administrations). Specifically, with regard the documents listed under Enclosures 3.b and 3.d, the content entails besides technical, also operational data. In respect of the redacted parts which refer to specifics of the technical equipment used, these clearly constitute commercial information and IPR of the contractor. In respect of the operational details, these are parameters and information/data owned by the user of the services, in our case the national administrations benefiting from the services. Note that under the documents of Enclosure 3.d a sample of a Weekly Flights Report was provided. Other similar documents/reports have been identified given the time-line of the contract implementation, however seeing that the content is same in all, the only difference being the operational information falling under exception as justified above, it was assessed that redacting a large number of similar documents containing the same type of data falling under the Article 4 exceptions, would create a disproportional administrative burden in relation to the fact that the released documents would not convey any extra informative value for the applicant. The provisions of Article 4.2 of the Regulation foresee that access shall be refused “where disclosure would undermine the protection of […]: commercial interests of a natural or legal person, including intellectual property […].” As such, the information carrying a commercial value or relating to the execution of a service or of an action, falls under this exception, given that the disclosure of such information to the general public, including a potential competitor on the market, would undermine the protection of the respective legal person’s expertise, strategy and creativity and thus their commercial strength. Concluding, all related information falling under the above - mentioned exceptions shall be protected as it is very likely that disclosure of it would be liable to actually undermine the interest protected by the exception in question. In respect of the documents fully covered by the exceptions - note that the content of the documents clearly identified as in the scope of the application but subject to NO RELEASE is fully covered by the exceptions stipulated by Articles 4(1) letter b) and 4(2) first indent of the Regulation No.1049/2001 as justified above. The respective documents were assessed for a potential partial disclosure, but not even a partial release of the documents could be undertaken as the redacting would be disproportionate in relation to the parts that are eligible for disclosure, simultaneously undermining the principle of sound administration. More specifically, the administrative burden necessary to identify and redact the releasable materials would be disproportionate to the public interest in the disclosure exercise itself, while the released documents would not convey any informative value due to their significantly reduced form. Consequently, the partial disclosure of the document(s) at issue must be refused owing to the particular circumstances of the present case. Additionally, a separate assessment of the application for access to documents was performed in order to assess if there is an overriding public interest in disclosure that would justify non-application of the exceptions in Article 4.1. With regards to this aspect, it was found that there is no such interest at stake as to justify public disclosure overriding the mentioned exceptions. Note that due to large size of the attachments this reply shall be followed-up by following emails containing Enclosures only. Also note that, in line with Article 7(2) of Regulation (EC) No.1049/2001 of the European Parliament and of the Council regarding public access to documents, you may file a confirmatory application within 15 working days of receiving this email. I remain at your disposal for further clarifications. Kind regards,

Dear applicant, Kindy find attached Enclosures 3b to 3d in relation to your application in subject. Kind regards,

Dear applicant, Kindly find attached enclosures 4 and 5 in relation to your application in subject. Kind regards,