Dear Madam,
We refer to your email of 16 February 2022, wherein you submit an access to documents request.
In your request you seek access to:
a) Correspondence - including, but not limited to, letters, e-mails, and any attachments
b) Documents – including, but not limited to, evaluations, descriptions, briefing, notes, reports, analysis, presentations, list of participants
concerning the Eurodrone since 2017
We have identified a number of documents which fall within the scope of your request.
1. The following document held by EDA is publicly accessible:
Military Drones in Europe, Research Report by Dominika Kunertova, accessible under
https://findresearcher.sdu.dk:8443/ws/portalfiles/portal/159305039/CWS_Military_Drones_in_Europe_Report.pdf
Please note that the documents originating from third parties are disclosed to you based on Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules on intellectual property, which may limit your right to reproduce or exploit the released documents without the agreement of the originator, who may hold an intellectual property right on them. The European Defence Agency does not assume any responsibility from their reuse.
You find further information on Eurodrone here:
· PESCO website: PESCO | Member States Driven (
europa.eu)<
https://pesco.europa.eu/> & European Medium Altitude Long Endurance Remotely Piloted Aircraft Systems – MALE RPAS (Eurodrone) | PESCO (
europa.eu)<
https://pesco.europa.eu/project/european-medium-altitude-long-endurance-remotely-piloted-aircraft-systems-male-rpas-eurodrone/>
· PESCO project overview with press contacts: 20211115-pesco-projects-with-description.pdf (
europa.eu)<
https://www.consilium.europa.eu/media/53013/20211115-pesco-projects-with-description.pdf>
· EDA Magazine 2015 Issue 08:
https://eda.europa.eu/docs/default-source/eda-magazine/edm82525CD0DBA6A .
1. Please also be informed that we have identified further documents that correspond to the criteria given in your request and which relate to:
· Project description template submitted by the coordinator (DE) in 2018
· Individual assessment of the Eurodrone proposal (2018)
· Information as updated by the project coordinator in the EUCLID PESCO (EU Collaboration in Defence platform) - last update on 15/10/21
· Project progress report factsheets of 2019, 2020, 2021
· Related emails between EDA, project coordinators and project members
Following a careful examination, we regret to inform you that access to these documents cannot be granted, as disclosure is prevented by exceptions to the right of access laid down in Article 4 of this Regulation:
1. Article 4(1)(a) second indent - defence and military matters
Article 4(1)(a), second indent, of Regulation (EC) No 1049/2001 provides that ‘[t]he institutions shall refuse access to a document where the disclosure would undermine the protection of the public interest as regards defence and military matters’.
Since the Eurodrone project is related to defence and military matters, the refusal of access to the requested document is justified based on Article 4(1)(a), second indent, of Regulation (EC) No 1049/2001. The documents and emails listed above contain information of the Member States’ ongoing activities in relation to this project.
The exceptions in Articles 4(1)(a) of Regulation (EC) No 1049/2001 do not include the possibility for the exceptions defined therein to be set aside by an overriding public interest.
2. Article 4(1)(b) privacy and the integrity of the individual, in particular in accordance with Union legislation regarding the protection of personal data
Article 9(1)(b) of Regulation 2018/1725 does not allow the transmission of these personal data, except if you prove that it is necessary to have the data transmitted to you for a specific purpose in the public interest and where there is no reason to assume that the legitimate interests of the data subject might be prejudiced. In your request, you do not put forward any arguments to establish the necessity to have the data transmitted for a specific purpose in the public interest. Consequently, we have concluded 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.
We have considered whether partial access could be granted to the documents requested. Unfortunately, even in such a case the interests protected under Article 4 would be prejudiced. Therefore, access to the entirety of the documents must be refused.
Means of redress
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a confirmatory application requesting EDA to review its position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this email to the Chief Executive of EDA to the following email: <
<E-Mail-Adresse>><mailto:<<E-Mail-Adresse>>>
Yours sincerely,
EDA Access to Documents
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<<E-Mail-Adresse>>
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mailto:<<E-Mail-Adresse>>> Rue des Drapiers 17-23, 1050 Brussels, Belgium
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www.eda.europa.eu<
http://www.eda.europa.eu/>
From: ACCESS TO DOCUMENTS <
<Name und E-Mail-Adresse>>
Sent: Tuesday, March 8, 2022 12:05
To:
<<E-Mail-Adresse>>
Cc: ACCESS TO DOCUMENTS <
<Name und E-Mail-Adresse>>
Subject: RE: Your request - documents and correspondence: Eurodrone since 2017 [#241058]
Dear Madam,
We refer to your e-mail in which you make a request for access to documents, registered on 16/02/2022.
Your application is currently being handled. However, we will not be in a position to complete the handling of your application within the time limit of 15 working days, which expires on 09/03/2022.
An extended time limit is necessary as your application concerns documents for which consultations are ongoing.
Therefore, we have to extend the time limit with 15 working days in accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding public access to documents. The new time limit expires on 30/03/2022.
We apologise for this delay and for any inconvenience this may cause.
Yours sincerely,
EDA Access to Documents
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<E-Mail-Adresse>><mailto:<<E-Mail-Adresse>>>
[signature_1728784819] Rue des Drapiers 17-23, 1050 Brussels, Belgium
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www.eda.europa.eu<
http://www.eda.europa.eu/>
From: ACCESS TO DOCUMENTS <<
<E-Mail-Adresse>><mailto:<<E-Mail-Adresse>>>>
Sent: Wednesday, February 16, 2022 16:58
To: <
<E-Mail-Adresse>><mailto:<<E-Mail-Adresse>>>
Cc: ACCESS TO DOCUMENTS <<
<E-Mail-Adresse>><mailto:<<E-Mail-Adresse>>>>
Subject: RE: acknowledgement of receipt - documents and correspondence: Eurodrone since 2017 [#241058]
Dear Madam,
We hereby acknowledge receipt of your application for access to documents, which was registered by EDA on 16 February 2022.
In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, applicable to EDA in accordance with Article 30 of Council Decision 2015/1835 of 12 October 2015, your application will be handled within 15 working days. The time limit will expire on 09 March 2022. In case this time limit needs to be extended, you will be informed in due course.
Yours sincerely,
EDA Access to Documents
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<E-Mail-Adresse>><mailto:<<E-Mail-Adresse>>>
[signature_1728784819] Rue des Drapiers 17-23, 1050 Brussels, Belgium
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www.eda.europa.eu<
http://www.eda.europa.eu/>