Ref. Ares(2021)2548931 - 15/04/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS
The Director-General
Brussels,
By registered letter with acknowledgment of
receipt
Diletta Agresta
Via Puccini 25, 65010 Moscufo (PE)
Italy
Advance copy by e-mail: ask+request-9227-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2021/1754
Dear Ms. Agresta,
We refer to your e-mail dated 22/03/2021 in which you make a request for access to
documents, registered on 23/03/2021 under the above-mentioned reference number.
You request access to the document C(2018)846 final - COMMISSION DECISION
approving, on behalf of the European Union, Good Practices between the Government of
the Republic of The Gambia and the European Union for the efficient operation of the
identification and return procedures of persons without authorisation to stay.
Following an examination of the document requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, I regret to inform you that your
application cannot be granted, as disclosure is prevented by exception to the right of access
laid down in Article 4 of this Regulation.
We consider that disclosing such document would have a negative impact on our current
and future relations with the Republic of The Gambia. Indeed, the public disclosure of the
document concerned could result in a serious and damaging loss of trust in the relations of
the EU and the Member States with The Gambia in the context of the return and
readmission policy and broader partnership.
Moreover, it should be noted that the Commission could establish similar good practices
with other third countries; in this regard, disclosure of the document concerned could
undermine similar processes.
We are therefore of the opinion that disclosure would undermine the protection of the
public interest of international relations in readmission matters. The document is then
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
covered by the exception to the right of access laid down in Article 4(1)(a), third indent, of
Regulation 1049/2001 and cannot be disclosed.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled 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
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Monique PARIAT
[e-signed]
2
Electronically signed on 14/04/2021 11:53 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482