Delegation of the EU to Iraq

Kelly Bescherer made this Informationsfreiheit request to Europäischer Auswärtiger Dienst

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Die Anfrage wurde abgelehnt durch Europäischer Auswärtiger Dienst.

Dear European External Action Service,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Correspondence between the delegation of the EU and Iraqi authorities on the topic of readmission in the last 5 years.

Documentation of meetings or guidelines on the issue of readmission, identification, or visa sanctions.

Yours faithfully,

Kelly Bescherer

EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

Dear Ms Bescherer,

 

We refer to your requests for access to documents registered under
reference number 2022/026 addressed both to the EU Delegation in Gambia
and to the EEAS Access to Documents service.

 

Following your requests, the EEAS is searching for the documents which
could potentially fall within the scope of your application
“correspondence between the delegation of the EU and Iraqi authorities on
the topic of readmission in the last 5 years. Documentation of meetings or
guidelines on the issue of readmission, identification, or visa
sanctions.”.

 

Article 6(3) of the Regulation 1049/2001 provides that, in the event of an
application relating to a very long or a very large number of documents,
the institution concerned may confer with the applicant informally with a
view to finding a fair solution. In accordance with the case law of the
Union Courts, the proposal for a fair solution aims to balance the
interest of the applicant against the workload resulting from the
processing of the application in order to safeguard the interests of good
administration (Judgments of 6 December 2001, Council v Hautala, Case C
353/99 P, EU:C:2001: 661, para. 30, and of 2 October 2014, Strack v
Commission, Case C 127/13 P, EU:C:2014:2250, para.27).

 

Taking this into account and based on the above-mentioned provision, we
would kindly ask you to specify the designated individuals/documents
number/reduce the timeframe you are interested in so as to reduce the
number of possible identified documents to a more manageable amount.

 

Could you kindly share your phone number with us to allow the EU
delegation in the Gambia to reach out to you if further information is
necessary to narrow the research?

 

We will make every effort to process your requests as quickly as possible.
However the time frame will depend on the number of documents identified
and therefore to be examined. Based on the current request, EEAS will not
be able to complete its assessment within the normal time limits set out
in Article 7 of Regulation (EC) No 1049.

 

We look forward to hearing from you.

 

Thank you for your understanding.

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.2 – Parliamentary Affairs

 

 

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EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

Dear Ms Bescherer,

 

This is a kind reminder.

Would you please be able to send us more details on the documents which
you are looking for?

Would you accept to share your telephone number with the colleagues
dealing with your request in case they would have further questions?

 

Thank you in advance.

Kind regards,
EEAS ACCESS TO DOCUMENTS

 

From: EEAS ACCESS TO DOCUMENTS <[EEAS request email]>
Sent: 13 February 2023 17:33
To: [FOI #12567 email]
Subject: RE: access to documents request - Delegation of the EU to Iraq -
clarification request - 026

 

Dear Ms Bescherer,

 

We refer to your requests for access to documents registered under
reference number 2022/026 addressed both to the EU Delegation in Iraq and
to the EEAS Access to Documents service.

 

Following your requests, the EEAS is searching for the documents which
could potentially fall within the scope of your application
“correspondence between the delegation of the EU and Iraqi authorities on
the topic of readmission in the last 5 years. Documentation of meetings or
guidelines on the issue of readmission, identification, or visa
sanctions.”.

 

Article 6(3) of the Regulation 1049/2001 provides that, in the event of an
application relating to a very long or a very large number of documents,
the institution concerned may confer with the applicant informally with a
view to finding a fair solution. In accordance with the case law of the
Union Courts, the proposal for a fair solution aims to balance the
interest of the applicant against the workload resulting from the
processing of the application in order to safeguard the interests of good
administration (Judgments of 6 December 2001, Council v Hautala, Case C
353/99 P, EU:C:2001: 661, para. 30, and of 2 October 2014, Strack v
Commission, Case C 127/13 P, EU:C:2014:2250, para.27).

 

Taking this into account and based on the above-mentioned provision, we
would kindly ask you to specify the designated individuals/documents
number/reduce the timeframe you are interested in so as to reduce the
number of possible identified documents to a more manageable amount.

 

Could you kindly share your phone number with us to allow the EU
delegation in the Gambia to reach out to you if further information is
necessary to narrow the research?

 

We will make every effort to process your requests as quickly as possible.
However the time frame will depend on the number of documents identified
and therefore to be examined. Based on the current request, EEAS will not
be able to complete its assessment within the normal time limits set out
in Article 7 of Regulation (EC) No 1049.

 

We look forward to hearing from you.

 

Thank you for your understanding.

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.2 – Parliamentary Affairs

 

 

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Dear EEAS ACCESS TO DOCUMENTS,

I would be interested in documents and correspondence related to the issue of visa sanctions since 2020. I hope this helps to narrow down the request, it is difficult to be much more specific without having access to any of the documents.

Yours sincerely,

Kelly Bescherer

EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

Dear Ms Bescherer,

 

Your application is currently being handled.

However, we are not in a position to complete the handling of your
application within the time limit of 15 working days.

We therefore, exceptionally, need to extend the deadline for reply by an
additional 15 working days.

 

Thank you for your understanding,

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.2 – Parliamentary Affairs

References

Visible links
1. mailto:[EEAS request email]

EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

1 Attachment

Dear Ms Bescherer,

 

On behalf of Mr Penalver Garcia please find attached the reply to your
request for access to documents.

 

Yours sincerely,

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.2 – Parliamentary Affairs

References

Visible links
1. mailto:[EEAS request email]

Dear European External Action Service,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Delegation of the EU to Iraq'.

While Article 4 of the regulation foresees various conditions under which documents can be withheld, the decision to withhold documents should be weighed against public interest. The EU's migration politics and foreign policy certainly falls under the domain of public interest (and not only in the EU); without any transparency on migration politics it is difficult to see how democratic societies might engage in informed decision-making processes. In conditions where only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released. I request review of whether there is really no documentation of this issue held that could be released to the public.

A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/deleg...

Yours faithfully,

Kelly Bescherer

EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

Dear Ms Bescherer,

This message is an acknowledgement of receipt for your confirmatory application requesting for a review of our reply, dated 7 March 2023, under Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents (which the EEAS is also respecting).

Your confirmatory application has the same reference number 2023/026 as the initial one. Please refer to this number in any further correspondence.

In accordance with the Regulation, you will receive a reply within 15 working days: 28/3/2023. In case this time-limit needs to be extended, you will be informed in due course.

Yours sincerely,

EEAS Access to Documents
[EEAS request email]
SG.2 – Parliamentary Affairs
__________________________________________________________________________________________________________________________________________________

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EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

Dear Ms Bescherer,

Your application is currently being handled.

However, we are not in a position to complete the handling of your application within the time limit.

We apologise for this delay and for any inconvenience this may cause. We will make every effort to process your request as quickly as possible.

Thank you for your understanding,
Yours sincerely,

EEAS ACCESS TO DOCUMENTS
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs

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EEAS ACCESS TO DOCUMENTS, Europäischer Auswärtiger Dienst

1 Attachment

Dear Ms Bescherer,

 

On behalf of Mr Di Vita please find attached the reply to your
confirmatory request for access to documents.

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS

[1][EEAS request email]

SG.2 – Parliamentary Affairs

 

References

Visible links
1. mailto:[EEAS request email]