Ref. Ares(2018)2833256 - 31/05/2018
EUROPEAN COMMISSION
DIRECTORATE-GENERAL MIGRATION and HOME AFFAIRS
Directorate E: Migration and Security Funds; Financial Resources and Monitoring
Unit E.2: National programmes for South and East Europe; AMIF/ISF Committee
By registered letter with acknowledgment of
receipt
Brussels,
HOME.E.2/M.F
Mrs Estela Casajuana
xxxxxxxxxxxxx
xxxxxxxxxxxxxxxx,
The Netherlands
Advance copy by email: ask+request-5402-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2018/2088 & No
2018/2089
Dear Mrs Casajuana,
We refer to your e-mails dated 12/04/2018 in which you make two requests for access to
documents, registered on the same day under the above mentioned reference numbers.
I- Case Ref GestDem No 2018/2088
You requested access to documents which contain the following information:
1. The name and job title of the public officials that participated in the policy dialogue for
both the AMIF and the ISF-Borders and Visa, representing the European Commission,
Spain, Italy and Greece;
2. The dates when the meetings / calls on the policy dialogue took place, for both the AMIF
and ISF-Borders and Visa in relation to Spain, Italy and Greece;
3. Any documentation shared by Spain, Italy and Greece with the European Commission
for the purpose of - or in preparation for - the policy dialogue;
4. Any documents produced by the European Commission for the purpose of - or in
preparation for - the policy dialogue;
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5. All documents that provide a record of the outcome of the policy dialogue between the
European Commission and Spain, the European Commission and Italy and the European
Commission and Greece;
6. All outcomes of the policy dialogue shared between the European Commission and the
European Parliament. In case information is available per Member State, also the
relevant documentation concerning Spain, Italy and Greece.
Having examined your request under the provisions of Regulation (EC) No 1049/2001 regarding
public access to documents, the following documents have been identified to fall under this
request:
1. Key Policy Issues Papers prepared by the European Commission
• Document 1: Key Policy Issues Paper prepared by the Commission Services in
the framework of the Policy Dialogue with Greece on the priorities for the two
national programmes under the future Home Affairs Funds - Asylum and
Migration Fund (AMF) and Internal Security Fund (ISF)
(ref: Ares
(2013)3318658);
• Document 2: Key Policy Issues Paper prepared by the Commission Services in
the framework of the Policy Dialogue with Spain on the priorities for the two
national programmes under the future Home Affairs Funds - Asylum and
Migration Fund (AMF) and Internal Security Fund (ISF) (
ref: Ares
(2013)1161964);
• Document 3: Key Policy Issues Paper prepared by the Commission Services in
the framework of the Policy Dialogue with Italy on the priorities for the two
national programmes under the future Home Affairs Funds - Asylum and
Migration Fund (AMF) and Internal Security Fund (ISF)
(ref: Ares
(2013)3096146).
I am pleased to give you full access to Documents 1, 2 and 3. Kindly note that you may reuse
the documents requested free of charge for non-commercial and commercial purposes
provided that the source is acknowledged and that you do not distort the original meaning or
message of the document/documents. Please note that the Commission does not assume any
liability stemming from the reuse.
2. Comments from the Member States in reply to the Key Policy Issues papers prepared
by the European Commission
• Document 4: Replies from Greece to the Key Policy Issues Paper prepared by
the European Commission
(ref: Ares (2018)2797702);
• Document 5: Replies from Spain to the Key Policy Issues Paper prepared by
the European Commission (AMIF part)
(ref: Ares(2018) 2797820);
• Document 6: Replies from Spain to the Key Policy Issues Paper prepared by
the European Commission (ISF part)
(ref: Ares(2018) 2797976);
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• Document 7: Replies from Italy to the Key Policy Issues Paper prepared by the
European Commission (
ref: Ares (2018)2359907)
After careful examination and following the agreement of the Member States author of the
documents, we have come to the conclusion that the documents 4, 5, 6 and 7 can be totally
disclosed.
However please note that these documents were received by the Commission from the Italian,
Spanish and Greek Authorities. They are disclosed for information only. Those documents do
not reflect the position of the Commission and cannot be quoted as such.
3. The Minutes of the Policy Dialogue with Greece, Spain and Italy
• Document 8: Minutes of the Policy Dialogue with Greece, which took place on
30 October 2013
(ref: Ares(2014)700696); (with this information, reply is also
given to point 2 of your request)
• Document 9: Minutes of the Policy Dialogue with Spain, which took place on
5 July 2013
(ref: Ares(2013)3249227); (with this information, reply is also
given to point 2 of your request)
• Document 10: Minutes of the Policy Dialogue with Italy, which took place on
18 October 2013
(ref: Ares (2014)569057; (with this information, reply is
also given to point 2 of your request)
Following an examination of the above documents identified as falling under your request,
pursuant to the provisions of Article 4 (1) (b) 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 Community legislation regarding the
protection of personal data. The applicable legislation in this field is Regulation (EC) No
45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection
of individuals with regard to the processing of personal data by the Community institutions and
bodies and on the free movement of such data1.
When access is requested to documents containing personal data, Regulation (EC) No 45/2001
becomes fully applicable2. According to Article 8(b) of this Regulation, 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 available, the necessity of disclosing the aforementioned
personal data to you has not been established and/or that it cannot be assumed that such
disclosure would not prejudice the legitimate rights of the persons concerned. Therefore, we are
disclosing the documents 8, 9 and 10 requested expunged from this personal data (also linked to
1 Official Journal L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P,
Commission/The Bavarian Lager
Co. Ltd, ECR 2010 I-06055.
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point 1 of your request). Same reasoning on data protection apply to point 1 of your request,
namely
the name and job title of the public officials and job title of the public officials that
participated in the policy dialogue for both the AMIF and the ISF-Borders and Visa,
representing the European Commission, Spain, Italy and Greece.
Please also note that documents 8, 9 and 10, requested under point 5 of your request, contain also
input provided by the Italian, Spanish and Greek Authorities. They are disclosed for information
only. They do not reflect the position of the Commission and cannot be quoted as such.
4. Correspondence between the European Parliament and the European Commission on the
outcome of the policy dialogues
• Document 11: Letter from Mr Juan Fernando LOPEZ AGUILAR to Ms Cecilia
MALMSTROM of 29.01.2014 on the outcome of policy dialogue- financial
programmes in the field of home affairs
(ref: Ares(2014)301963);
• Document 12: Reply from Ms Cecilia MALMSTROM to Mr Juan Fernando
LOPEZ AGUILAR of 4.03.2014
(ref: Ares(2014)527990);
• Document 13: Letter from Mr Stefano MANSERVISI to Mr Juan Fernando
LOPEZ AGUILAR of 17.03.2014
(ref: Ares(2014)757330).
I am pleased to give you full access to Documents 11, 12 and 13. Kindly note that you may reuse
the documents requested free of charge for non-commercial and commercial purposes provided
that the source is acknowledged and that you do not distort the original meaning or message of
the document/documents. Please note that the Commission does not assume any liability
stemming from the reuse.
5. Information on the overall outcome of the policy dialogues in the framework of the
preparation for programming of the Home Affairs Funds
• Document 14: Background Note / Information from the Commission to the
European Parliament in accordance with Article 13 of the Horizontal Regulation,
in view of the LIBE Committee meeting of 6 March 2014
(ref:
Ares(2014)527990). Kindly note that the background note refers to the 6th of
March but the meeting was cancelled and postponed to the 20th of March 2014.
I am pleased to give you full access to Document 14. Kindly note that you may reuse the
document requested free of charge for non-commercial and commercial purposes provided that
the source is acknowledged and that you do not distort the original meaning or message of the
document. Please note that the Commission does not assume any liability stemming from the
reuse.
6. Country fiches for Greece, Spain and Italy prepared by the European Commission in view
of the meeting of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of 20th
of March 2014.
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• Document 15: Country fiche on the Policy dialogue with Greece
(ref:
Ares(2014)757330);
• Document 16: Country fiche on the Policy dialogue with Italy
(ref:
Ares(2014)757330);
• Document 17: Country fiche on the Policy dialogue with Spain
(ref:
Ares(2014)757330);
I am pleased to give you full access to Documents 15, 16 and 17. Kindly note that you may reuse
the documents requested free of charge for non-commercial and commercial purposes provided
that the source is acknowledged and that you do not distort the original meaning or message of
the document/documents. Please note that the Commission does not assume any liability
stemming from the reuse.
7. The Minutes of the meeting of the Committee on Civil Liberties, Justice and Home
Affairs (LIBE), which are made available for the public under the links provided
hereinafter
• Document 18: Minutes of the Meeting of the Committee on Civil Liberties, Justice and
Home Affairs (LIBE), Brussels, 20 March 2014, available at the following link:
http://www.europarl.europa.eu/ep-live/en/committees/search?legislature=8&start-
date=20-03-2014&end-date=20-03-2014&committee=LIBE
II- Case Ref GestDem No 2018/2089
You requested access to documents which contain the following information:
1. All observations made by the European Commission to the proposed national programmes
submitted by Spain, Italy and Greece regarding AMIF and ISF-Borders and Visa;
2. The outcomes of the observations shared between the European Commission and European
Parliament. This may include, but not necessarily limited to, reports, minutes of meetings,
verbatim reports of meetings, transcripts, etc. that would provide a record of the proceedings, as
well as and any correspondence – including, but not limited to, letters, e-mails, and any
attachments.
Having examined your request under the provisions of Regulation (EC) No 1049/2001 regarding
public access to documents, the following documents have been identified to fall under point 2 of
your request:
A. Correspondence between the European Parliament and the European Commission on
the preparation of the national programmes in Home Affairs Funds
• Document 19: Letter from Mr Claude MORAES to Mr Dimitris
AVRAMOPOULOS of 22.12.2014 with subject 'Information to the European
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Parliament on the preparation of the national programmes in the Home Affairs
Funds'
(ref: Ares (2014)321117);
• Document 20: Reply to the above letter from Mr Dimitris AVRAMOPOULOS
to Mr Claude MORAES of 27.01.2015
(ref: Ares (2015)326051);
• Document 21: Letter from Ms Marta CYGAN to Mr Claude MORAES of
19.02.2015
(ref: Ares (2015)717481)
I am pleased to give you full access to Documents 19, 20 and 21. Kindly note that you may reuse
the documents requested free of charge for non-commercial and commercial purposes provided
that the source is acknowledged and that you do not distort the original meaning or message of
the document/documents. Please note that the Commission does not assume any liability
stemming from the reuse.
B. Information on the programming process of the Home Affairs Funds 2014-2020-
National Programmes
• Document 22: Background Note/ Information on the programming process of the
Home Affairs Funds 2014-2020- National Programmes/ Regular reporting from
the Commission to the European Parliament on the preparation and
implementation of national programmes in view of the LIBE Committee meeting
of 23-24 February 2015
(ref: Ares(2015)717481)
I am pleased to give you full access to Document 22. Kindly note that you may reuse the
documents requested free of charge for non-commercial and commercial purposes provided that
the source is acknowledged and that you do not distort the original meaning or message of the
document/documents. Please note that the Commission does not assume any liability stemming
from the reuse.
C. Minutes of the Meeting of the Committee on Civil Liberties, Justice and Home Affairs
(LIBE)
• Document 23: Minutes of the Meeting of the Committee on Civil Liberties, Justice and
Home Affairs (LIBE), Brussels, 16 October 2014 available at the following link:
http://www.europarl.europa.eu/ep-live/en/committees/search?legislature=8&start-
date=16-10-2014&end-date=16-10-2014&committee=LIBE;
• Document 24: Minutes of the Meeting of the Committee on Civil Liberties, Justice and
Home Affairs (LIBE), Brussels, 3-4 December 2014 available at the following link:
http://www.europarl.europa.eu/ep-live/en/committees/search?legislature=8&start-
date=03-12-2014&end-date=04-12-2014&committee=LIBE;
• Document 25: Minutes of the Meeting of the Committee on Civil Liberties, Justice and
Home Affairs (LIBE), Brussels, 23, 24 and 26 February 2015 available at the following
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link: http://www.europarl.europa.eu/ep-live/en/committees/search?legislature=8&start-
date=23-02-2015&end-date=26-02-2015&committee=LIBE;
Regarding point one of your request ('All observations made by the European Commission to the
proposed national programmes submitted by Spain, Italy and Greece regarding AMIF and ISF-
Borders and Visa'), kindly note that an extended time limit is needed as your application
concerns a large number of documents and some of the documents requested originate from third
parties. We will do our best to reply to this point of your request at the earliest stage possible.
Kindly note that, in case you would disagree with the assessment that the expunged data are
personal data which can only be disclosed if such disclosure is legitimate under the rules of
personal data protection, you are entitled, in accordance with Article 7(2) of Regulation
1049/2001, to make a confirmatory application requesting the Commission to review this
position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this
letter to the Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency Unit SG-B-4
BERL 5/282
B-1049 Bruxelles
or by email to
: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
e-signed
Bernadette FREDERICK
Head of Unit
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Electronically signed on 31/05/2018 10:38 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563