QcaCZal?) efiogfigL EUROPEAN RESEARCH AGENCY Legal Altairs' lntemal (mum and Reporting Head oi Sector Brussels, 1 7 DEC. 2m REA Mr Riccardo Coluccini Italy Sent by registered email aiH <D32 First version of all technological tools and (Portable unit, ADDS, DAAT, portable radar, FMT, Avatar based dialogue) D33 Second version of all technological tools and for integration D4.l First version of the software platform D4.2 Second version of the software platform D5.1 Integration Plan D52 Early version of the integrated prototype (limited functionality) D6.l Experimental Design for Pilot Deployment and Evaluation D7.l Project Web Portal D7.2 Project ?yer D7.3 Dissemination and communication plan D7.4 Early Business Plan D7.6 Yearly communication report including communication material D7.7 Project Flyer 2 D7.8 Dissemination and communication plan 2 D8.l Quality Management Plan D8.3 Periodic Progress Report D8.4 Annual Report D85 Periodic Progress Report 2 D8.7 Annual Report 2 This request is handled within the scope of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents. B. DISCLOSURE OF THE REQUESTED DOCUMENTS Having examined the documents requested under the provisions of Regulation (EC) No 1049/2001 regarding public access to documents, we consider that the documents which are listed in Annex 1 are related to your request. In this Annex we specify the documents to be disclosed, partially disclosed or to which public access cannot be granted according to the exceptions provided in the above mentioned Regulation. The legal grounds for calling on these exceptions are detailed for each of the documents listed in the Annex 1 to this letter. Concerning the exceptions to the right of access laid down in Articles 4(1) and 4(2) first indent of Regulation (EC) No 1049/2001, namely the protection of privacy and the integrity of the individual, in particular in accordance with EU legislation regarding the protection of personal data, and the protection of commercial interests of a natural or legal person including intellectual property we recall the following: Protection of privacy and integrity of the individual The documents contain personal data of individuals which are not in the public domain. Pursuant to Article 4(1) 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. When access is requested to documents containing personal data Regulation (EC) No 45/2001 becomes fully applicable'. Article 8 of Regulation (EC) No 45/2001 stipulates that 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 provided in your request, the necessity of disclosing the personal data to you has not been established and that it cannot be assumed that such disclosure would not prejudice the legitimate rights of the concerned individuals. In the present case, disclosure of the personal data of persons involved in the project in question would breach their right to privacy. It cannot therefore be assumed that such release would not prejudice their legitimate rights. The exception laid down in Article 4(1) of Regulation (EC) No 1049/2001, the protection of privacy and the integrity of the individual is an absolute exception that does not have to be balanced against the public interest in disclosure. Protection of commercial interests of natural and legal persons The requested documents contain sensitive commercial information of the entities participating in the project consortium or of other applicants to the call not in the public domain. These documents contain, in particular, the reference to the project consortium intellectual property (background, existing and/or foreseen foreground), knowhow, methodologies, technologies, potential inventions working modalities, budget, and weaknesses of the project, success of their implementation, etc. Pursuant to Article 4(2) first indent of Regulation (EC) No 1049/2001, access to a document has to be refused if its disclosure would undermine the protection of commercial interests of a natural or legal person, including intellectual pr0perty. We consider that the above-mentioned sensitive commercial information has commercial value for the entities participating in the project. In our view, releasing this information into public domain would give the competitors of the consortium an unfair advantage, as the competitors would be able to use this sensitive commercial information in their favour. Competitors would be able to anticipate the consortium strategies and weaknesses. This would, in turn, adversely affect the competitive position of the consortium on the market and, thus, seriously undermine their commercial interest, including their intellectual property. Therefore, the exception laid down in Article 4(2) first indent of Regulation (EC) No 1049/2001 applies to the requested documents. Such exception applies, unless there is an overriding public interest in disclosure of the requested documents. Such an interest must, first, be a public interest and secondly, outweigh the harm caused lludgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P. Commission v. The Bavarian Lager Co. Ltd. ECR 20101-06055. by disclosure. In your application you did not bring forward any argument to justify the existence of an overriding public interest in releasing the requested document. In this instance, we have found no elements that could indicate the existence of such an overriding public interest in the sense the Regulation (EC) No 1049/2001 that would outweigh the need to protect the interests identified in this reply. In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a con?rmatory application requesting the Director of the REA to review this position. Such a con?rmatory application should be addressed within 15 working days upon receipt of this letter to Mr Marc TACHELET, Director of the REA, at the following address: Research Executive Agency Covent Garden building COV2 - 18/ 136 Place Charles Rogier, 16 1210 Brussels Yours sincerely, \2 Barbara KAMPIS Enclosure: Annex 1 - List of documents related to the request and legal grounds regarding disclosure Deliverables: D.3.1, D.3.2, D.3.3, D72 and D.7.7. Annex I internal number Project Document title Document-type (email, deliverable, reports, etc) Date of the document Registration number Status of the accessto the document (700626) D1.1 GEN - Requirement No. 7 Deliverable 01 -03-201 8 Ares(2018)1 158682 Not accessible on the basis of Article 4.1 01 REGULATION (EC) No 1049/2001 to protect privacy and the integrity ol the individual, in particular in accordance with Community legislation regarding the protection at personal data and of Article 4.2 1st indent ol REGULATION (EC) No 1049/2001: protection of commercial interests of a natural or legal person, including intellectual property (700626) D1.2 OEI - Requirement No. 2 Deliverable 05?07?20 1 7 Ares(2017)3380351 Not accessible on the basis of Article 4.1 oi REGULATION (EC) No 104912001 to protect privacy and the integrity of the individual. in particular in accordance with Community legislation regarding the protection of personal data and of Article 4.2 indent of REGULATION (EC) No 1049/2001: protection of commercial interests of a natural or legal person. including intellectual property (700626) D1.3 GEN - Requirement No. 1 Deliverable 08-12-2016 Ares(2016)6858897 Not accessible on the basis of Article 4.1 of REGULATION (EC) No 1049/2001 to protect privacy and the integrity of the individual. in particular in accordance with Community legislation regarding the protection of personal data and of Article 4.2 1st indent of REGULATION (EC) No 1049/2001: protection of commercial interests of a natural or legal person. including intellectual property (700626) 02.1 Requirement Analysis Repon Deliverable 29-12?201 6 Ares(2016)7194947 Not accessible on the basis of Article 4.1 of REGULATION (EC) No 1049/2001 to protect privacy and the integrity of the individual. in particular in accordance with Community legislation regarding the protection of personal data and of Article 4.2 indent of REGULATION (EC) No 1049/2001: protection at commercial interests of a natural or legal person, including intellectual property (700626) 022 Reference Architecture and components specifications Deliverable 30-05-2017 Ares(2017)2715049 Not accessible on the basis of Article 4.2 indent of REGULATION (EC) No 1049/2001: protection of commercial interests of a natural or legal person. including intellectual property (700626) D2.3 EU wide legal and ethical review report Deliverable 12-05-2017 Ares(2017)2429505 Not accessible on the basis of Article 4.1 of REGULATION (EC) No 1049/2001 to protect privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data and of Article 4.2 1st indent of REGULATION (EC) No 1049/2001: protection of commercial interests of a natural or legal person. including intellectual property (700626) D3.1 Data Collection Devices specifications Deliverable 2042-2017 Ares(2017)6295321 Partial disclosure on the basis of Article 4.2 indent of REGULATION (EC) No 1049/2001: protection of commercial interests of a natural or legal person, including intellectual property (700626) D32 First version of all technological tools and (Portable unit, ADDS, DAAT, portable radar. FMT, Avatar based dialogue) Deliverable 28?02-201 8 Ares(2018)1 137157 Partial disclosure on the basis of Article 4.2 indent of REGULATION (EC) No 1049l2001: protection oi commercial interests of a natural or legal person, including intellectual property 1/3 Annex I 2:222: Proiect Document title Zifum: Registration number Status of the accessto the document D3.3 Second version of all Partial disclosure on the basis of Article 4.2 1st indent of technological tools and REGULATION (EC) No 1049/2001: protection 01 commercial interests 9 (700626) Deliverable 15-10-2013 Ares(2018)5273032 Of a ?a?ura' or legal person? '"CIUdmg 'me'lecmal ?Open" portable radar, FMT, Avatar based dialogue) D4 1 First version oi the Not accessible on the basis of Article 4.2 1st indent ot REGULATION 10 lBorderCtri (700626) . Deliverable 01 -03-2018 Ares(2018)1167484 (EC) No 104912001: protection of commercial interests of a natural or software platform . . . legal person, Including intellectual property Not accessible on the basis of Article 4.2 indent oi REGULATION . D4.2 Second verSIOn (700626) . Deliverable 08-10?2018 Ares(2018)5158682 (EC) No 1049/2001. protection of commercial interests of a natural or software platform I . . . egal person, including intellectual property Not accessible on the basis of Article 4.2 1st indent ol REGULATION 12 iBorderCtrI (700626) 05.1 Integration plan Deliverable 16-05-2018 Ares(2018)2540125 (EC) No 1049/2001: protection of commercial interests of a natural or legal person, including intellectual property D52 Early version of the Not accessible on the basis of Article 4.2 indent oi REGULATION 13 (700626) integrated prototype (limited Deliverable 09?10?2018 Ares(2018)5178280 (EC) No 1049/2001: protection of commercial interests of a natural or functionality) legal person, including intellectual property D6 1 Experimental Design to, Not accessible on the basis of Article 4.2 ist indent ol REGULATION 14 (700626) . . Deliverable 29?10-2018 Ares(2018)5528272 (EC) No 1049/2001: protection of commercial interests 01 a natural or Pilot Deployment and Evaluation . . . egal person, including intellectual property 15 (700626) D7.1 Project Web Portal Deliverable NA NA 16 (700626) D7.2 Project llyer Deliverable 20-10-2016 Ares(2016)6025748 Full access D73 Dissemination and . Not accessible on the basis'of Article 4.2 1st indent of REGULATION 17 (700626) communication plan Deliverable (EC) No 1049/2001: protection of commercral interests of a natural or 26?09?2017 Ares(2017)4690395 legal person, including intellectual property Not accessible on the basis of Article 4.2 1st indent of REGULATION 18 (700626) D7.4 Early Business Plan Deliverable 24-10-2017 Ales(2017)5195563 (EC) No 1049/2001: protection of commercial interests of a natural or legal person, including intellectual property . DIG-Yearly communication . Full access: directly accessible: 19 (700626) report includngtecrl-Eammunlcatlon Deliverable NA NA Web Portal available in 20 (700626) 07.? Project Flyer 2 Deliverable 18-05-2018 Ares(2018)2595300 Full access Not accessible on the basis of Article 4.2 15! indent of REGULATION 21 (700626) D7.8 Dissemination and Deliverable 01?10?2018 Ares(2018)5019050 (EC) No 1049/2001: protection 01 commercial interests of a natural or communication plan 2 legal person, including intellectual property Not accessible on the basis of Article 4.2 1st indent ol REGULATION 22 (700626) D8.1 Quality Management Plan Deliverable 21-11-2016 Ares(2016)6527933 (EC) ?0 1049390015 0? ??mmer?'a' '"teres?s 0? a "mum? 0' legal person, including intellectual property Not accessible on the basis of Article 4.2 1st indent of REGULATION 23 (700626) 08.3 Periodic Progress Report Deliverable 06-04-2017 Ares(2017)1837924 (EC) No 1049/2001: protection of commercial interests of a natural or legal person, including intellectual property 2/3 Annex I internal. Proiect Document title type (email, Date Of the Registration number Status-of the access?to the document number deliverable, reports, etc) document Not accessible on the basis 0t Article 42 1st indent of REGULATION . (EC) No 1049/2001: protection of commercial interests of a natural or 24 (700626) D8.4 Annual Report Deliverable 12-10-2017 Ares(2017)4989525 legal person including intellectual property Not accessible on the basis of Article 4.2 indent of REGULATION . . . . . (EC) No 1049/2001: protection of commercial interests of a natural or 25 IBorderCtri (700626) 06.5 Periodic Progress Report 2 Deliverable 09 03 2018 Ares(2018)1313324 legal person, including intellectual property Not accessible on the basis of Article 4.2 1st indent of REGULATION (EC) No 1049/2001: protection of commercial interests of a natural or 26 (700626) Annual Report 2 Deliverable 11-10-2018 Ares(2018)5223502 legal person, including intellectual property