This is an HTML version of an attachment to the Freedom of Information request 'Documents shared by Frontex from cases 1261/2020/PB and 1361/2020/PB'.

Date: Thu, 15 Dec 2022 15:05:25 +0000
Subject: Re: Reply to your request for access to documents - Ref. Ares(2022)8159194 - Ares(2022)8714248
From: Anas Ambri <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx>
To: EO NOREPLY <xxxxxxxxxxxx@xxxx.xxxxxxxxx.xxxxxx.xx>

Dear EU Ombudsman,

Thank you for your reply.

I understand your decision. My impression was that those two investigations have already been concluded, given that the Ombudsman had already released its recommendations, and has launched its own-initiative inquiry (OI/4/2022/PB).

Would you happen to know when these investigations are supposed to end? If you don't have this information, would you be able to refer me to the right contact to speak to on this matter, please?

Yours sincerely,

Anas Ambri

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Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

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Dear Mr Ambri,

 

On 24 November 2022, you asked the European Ombudsman’s Office to grant
you access to documents provided by Frontex in the context of the
Ombudsman’s inquiries into complaints 1261/2020/PB and 1361/2020/PB. More
specifically, you requested access to

“– Annual reports including annexes with statistics on public access to
documents for the years 2010 to 2019, provided by Frontex

– Statistics sheet on public access to documents, provided by Frontex, and

– Project documentation prepared for the Project Board, provided by
Frontex”.

 

Your request was registered on 25 November 2022 under reference number
Ares(2022)8159194.

 

We have dealt with your request in accordance with Regulation
1049/2001[5]^^[1] (the Regulation) regarding public access to European
Parliament, Council and Commission documents and the Ombudsman’s Decision
on the handling of requests for public access to documents[6]^^[2].

 

We have identified four documents as falling under the scope of your
request:

202001261/Safe/MAIL_202001261_20201123_133816.pdf

202001261/Safe/MAIL_202001261_20201123_133858.pdf

202001261/Safe/MAIL_202001261_20201123_133946.pdf

202001261/Safe/MAIL_202001261_20201123_133729.pdf

 

We regret that we cannot grant you access to the documents mentioned
above. This is in order to safeguard the public interest in the protection
of investigations, inspections and audits in line with Article 4(2) third
indent of the Regulation. The inquiries into the two complaints are
ongoing, and the documents were provided to the Ombudsman by Frontex on a
confidential basis[7]^^[3]. Disclosing such documents could compromise the
relationship of trust between the EU institutions and bodies on the one
hand and the Ombudsman on the other, which would in turn seriously
undermine the Ombudsman’s capacity to carry out inquiries.

 

The exception laid down in Article 4(2) third indent of the Regulation
applies unless there is an overriding public interest in disclosure of the
document. However, we consider that there is nothing to suggest that the
disclosure of the specific documents that you have requested overrides the
need to protect the Ombudsman’s capacity to carry out inquiries
effectively and to ensure the fundamental right to complain to the
Ombudsman.

 

In accordance with Article 4(6) of the Regulation, we have considered
whether partial access to the documents could be granted. However, we have
concluded that no meaningful partial access is possible.

 

Should you wish to challenge this decision, you may request a review under
Article 7(2) of the Regulation (‘confirmatory application’ procedure). You
may do so by sending an e-mail to [8][European Ombudsman request email] within 15
working days of having received this decision.

 

Should you have any questions or requests for clarifications, you are
welcome to contact me through this e-mail address.

 

Yours sincerely,

 

 

Eija Salonen
 
 
European Ombudsman
Transparency Officer
 
[9]T. +33 3 88 17 23 13
 
1 avenue du Président Robert Schuman
CS 30403
F - 67001 Strasbourg Cedex
[10]www.ombudsman.europa.eu

 

 

 

 

────────────────────────

[11][1] Regulation 1049/2001 of the European Parliament and of the Council
of 30 May 2001 regarding public access to European Parliament, Council and
Commission documents, available at:
[12]https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32001R1049&rid=1.

[13][2] ^ The Decision is available at
[14]https://www.ombudsman.europa.eu/en/document/en/70670.

[15][3] In accordance with Article 4(8) of the Ombudsman’s Implementing
Provisions, available at:
[16]https://www.ombudsman.europa.eu/en/legal-basis/implementing-provisions/en.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D9106D.764519A0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. file:///tmp/foiextract20221215-3404916-xo2syf#_ftn1
6. file:///tmp/foiextract20221215-3404916-xo2syf#_ftn2
7. file:///tmp/foiextract20221215-3404916-xo2syf#_ftn3
8. mailto:[European Ombudsman request email]
9. Click to call
file:///tmp/tel:+33388172393
10. European Ombudsman Home Page
http://www.ombudsman.europa.eu/
11. file:///tmp/foiextract20221215-3404916-xo2syf#_ftnref1
12. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32001R1049&rid=1
13. file:///tmp/foiextract20221215-3404916-xo2syf#_ftnref2
14. https://www.ombudsman.europa.eu/en/document/en/70670
15. file:///tmp/foiextract20221215-3404916-xo2syf#_ftnref3
16. https://www.ombudsman.europa.eu/en/legal-basis/implementing-provisions/en

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