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Documents from ICMPD lobbying meetings

Andrea Glioti made this access to documents request to Neighbourhood and Enlargement Negotiations

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Dear Neighbourhood and Enlargement Negotiations,

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:

All correspondence (including emails and WhatsApp messages) between the European Commission’s Directorate-General for Neighbourhood and Enlargement Negotiations and the International Centre for Migration Policy Development (ICMPD) since 02/03/2016

All minutes and any other records of the following meetings between representatives of the ICMPD and the listed Commissioners, Members of their Cabinet or Director-Generals, as documented in the EU Transparency Register:

https://ec.europa.eu/transparencyregiste...

Olivér Várhelyi – 23/02/2021

Olivér Várhelyi – 24/04/2020

Emma Udwin – 30/05/2017

Yours faithfully,
Andrea Glioti

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

Dear Mr Glioti,

Thank you for your request for access to documents.

Unfortunately, you have not indicated your postal address. This is necessary for registering and handling your request in line with the procedural requirements.

Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.

You have lodged your application via a private third-party website, which has no link with any institution of the European Union. Therefore, the European Commission cannot be held accountable for any technical issues or problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website is responsible and accountable for the processing of your personal data via that website, and not the Commission. For further information on your rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website usually publishes the content of applicants’ correspondence with the Commission on that website. This includes the personal data that you may have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the Commission will send to the email address of the applicants generated by the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is published on a private third-party website such as AsktheEU.org, you can provide us with an alternative, private e-mail address for further correspondence. In that case, the Commission will send all future electronic correspondence addressed to you only to that private address, and it will use only that private address to reply to your request. You should still remain responsible to inform the private third-party website about this change of how you wish to communicate with, and receive a reply from the Commission.

For information on how we process your personal data visit our page Privacy statement – access to documents (https://ec.europa.eu/info/principles-and...).

Yours faithfully,

NEAR ACCDOC TEAM

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Dear [email address],

Postal Address:

The New Arab

Unit 5, Central Park, Central Way

London, United Kingdom

NW10 7FY

Yours faithfully,

Andrea Glioti

Yours sincerely,

Andrea Glioti

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

Dear Mr Glioti,

Thank you for sending your postal address. We hereby acknowledge receipt of your application for access to documents, which was registered on 26 August 2022 under the reference number GestDem 2022/4380.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days. This time-limit expire on 16 September 2022. In case this time-limit needs to be extended, you will be informed in due course.

For information on how we process your personal data, visit our page Privacy statement - access to documents.

Yours sincerely,

NEAR ACCDOC TEAM

European Commission
DG Neighbourhood and Enlargement Negotiations NEAR Access to Documents [DG NEAR request email]

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NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Sir,

 

We refer to your access to documents request of 24 August 2022, registered
on the 26 August 2022 under the above mentioned reference number.

 

This description given in your application is very wide in content and in
timeframe and does not enable us to identify concrete documents, which
would correspond to your request.

 

We therefore invite you, in accordance with Article 6(2) of Regulation
(EC) No 1049/2001, regarding public access to documents, to provide us
with more detailed information on the documents you request.

 

Currently your request reads as follows:

 

“ 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:

All correspondence (including emails and WhatsApp messages) between the
European Commission’s Directorate-General for Neighbourhood and
Enlargement Negotiations and the International Centre for Migration Policy
Development (ICMPD) since 02/03/2016.

 

All minutes and any other records of the following meetings between
representatives of the ICMPD and the listed Commissioners, Members of
their Cabinet or Director-Generals, as documented in the EU Transparency
Register:

[1]https://ec.europa.eu/transparencyregiste...

 

Olivér Várhelyi – 23/02/2021

Olivér Várhelyi – 24/04/2020

Emma Udwin – 30/05/2017”.

 

Please note that most of the exchanges between DG NEAR and ICMPD are
project-related, so for example cover letters/transmission letters
strictly related to contract signature, where annexes of the exchanges are
contracts and similar.

 

Therefore, we would like to kindly ask you to clarify whether you will be
interested to the example of exchanges that we have mentioned before or to
correspondence that is not just formal exchange regarding signature of
contracts. Any further information that would assist us is in analyzing
only documents of relevance to your request will be valuable.

 

If you need assistance in clarifying or specifying your application, you
can contact us by email to  [2][DG NEAR request email].

 

In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of Regulation (EC) No 1049/2001, the deadline of 15
working days for handling your application will start running when we
receive the requested clarifications.

 

Thank you in advance for your understanding.

 

Yours sincerely,

 

NEAR ACCDOC TEAM

 

 

[3]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[4][DG NEAR request email]

 

References

Visible links
1. https://ec.europa.eu/transparencyregiste...
2. mailto:[DG NEAR request email]
4. mailto:[DG NEAR request email]

Dear [email address],

The documents should ideally include both formal (e.g. the contracts mentioned in your response) and informal communications (e.g. emails and Whatsapp messages). In addition to the minutes and records of the aforementioned meetings. As for the time framework, the EU IBM Lebanon project (implemented by ICMPD) started in 2012 and we're interested in a time framework that would extend even beyond 2016, but if we need to narrow the time framework of our request I would suggest we start from January 29, 2020, which is the official start date of EU IBM Lebanon – Phase III.

Yours sincerely,

Andrea Glioti

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Glioti,

 

We refer to your request for access to documents, registered on 30
September 2022 under the above mentioned reference number.

 

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expired today.

 

An extended time limit is needed for the purpose of internal
consultations.

 

Therefore, we have to extend the time limit within 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to document.

 

The new time limits expires on 14 November 2022.

 

We are confident that we will be able to provide you with a reply shortly.
Again, we apologise for this delay and for any inconvenience this may
cause and we thank you for your understanding.

 

NEAR ACCDOC TEAM

 

 

[1]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

References

Visible links
2. mailto:[DG NEAR request email]

NEOKLEOUS Irini, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Sir,

 

We are afraid that the reply to your request for access to documents has
required longer than usual due to internal consultations.

 

We are confident that you will receive a reply shortly.

 

Again, we apologise for the delay and for the inconvenience it may have
caused.

 

Yours sincerely,

 

NEAR ACCDOC TEAM

 

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[1][DG NEAR request email]

 

 

 

From: NEAR ACCDOC
Sent: Thursday, October 20, 2022 7:51 PM
To: '[FOI #11770 email]'
<[FOI #11770 email]>
Cc: NEAR ACCDOC <[DG NEAR request email]>
Subject: Access to Documents Request _ Ref. 2022/4830

 

Dear Mr Glioti,

 

We refer to your request for access to documents, registered on 30
September 2022 under the above mentioned reference number.

 

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expired today.

 

An extended time limit is needed for the purpose of internal
consultations.

 

Therefore, we have to extend the time limit within 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to document.

 

The new time limits expires on 14 November 2022.

 

We are confident that we will be able to provide you with a reply shortly.
Again, we apologise for this delay and for any inconvenience this may
cause and we thank you for your understanding.

 

NEAR ACCDOC TEAM

 

 

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][DG NEAR request email]

 

References

Visible links
1. mailto:[DG NEAR request email]
2. mailto:[DG NEAR request email]

NEOKLEOUS Irini, Neighbourhood and Enlargement Negotiations

NEOKLEOUS Irini (NEAR) would like to recall the message, "Access to Documents Request _ Ref. 2022/4830".

NEOKLEOUS Irini, Neighbourhood and Enlargement Negotiations

NEOKLEOUS Irini (NEAR) would like to recall the message, "Access to Documents Request _ Ref. 2022/4830".

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Sir,

 

We are afraid that the reply to your request for access to documents has
required longer than usual due to internal consultations.

 

We are confident that you will receive a reply shortly.

 

Again, we apologise for the delay and for the inconvenience it may have
caused.

 

Yours sincerely,

 

NEAR ACCDOC TEAM

 

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[1][DG NEAR request email]

 

References

Visible links
1. mailto:[DG NEAR request email]

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

Dear Sir,

We refer to your access to documents request with reference 2022/4830.

We would like to further clarify a point as regards the above-mentioned
request.

The first question of your initial request read as follows:

“... All correspondence (including emails and WhatsApp messages) between
the European Commission’s Directorate-General for Neighbourhood and
Enlargement Negotiations and the International Centre for Migration Policy
Development (ICMPD) since 02/03/2016...”

However, you further clarified your first question of this request as
follows:

“…The documents should ideally include both formal (e.g. the contracts
mentioned in your response) and informal communications (e.g. emails and
Whatsapp messages). In addition to the minutes and records of the
aforementioned meetings. As for the time framework, the EU IBM Lebanon
project (implemented by ICMPD) started in 2012 and we're interested in a
time framework that would extend even beyond 2016, but if we need to
narrow the time framework of our request I would suggest we start from
January 29, 2020, which is the official start date of EU IBM Lebanon –
Phase II…”

Therefore, we would like to kindly ask you to confirm that you agreed to
limit the first question of your request with ref. 2022/4830 to documents
related with the Integrated Border Management project in Lebanon from
January 29,2020 (Phase II).

Yours sincerely,

NEAR ACCDOC TEAM

Dear [email address],

Thank you for your reply. Yes, I would like to confirm that, for the documents requested as part of the first question, they can be limited to the time period from January 29,2020 until today.

Yours sincerely,

Andrea Glioti

NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

Dear Sir,

Thank you very much for your email and for your confirmation.

Kindly note, that there is already an ongoing confirmatory request with reference 2022/4100 that you have lodged, and the point 6 of the request 2022/4100 is also referring to the communication between DG NEAR and ICMPD.

Therefore, your first question of the request with ref. 2022/4830, related with the correspondence between DG NEAR and ICMPD from the date of 29 January 2020 until 25 August 2022 will be duly assessed by the Secretariat-General in the framework of the pending confirmatory application.

In addition, as regards your request with ref. 2022/4830, we will reply to your remaining questions: i) correspondence between DG NEAR and ICMPD from August 2022 to November 2022 for the project EU IBM Lebanon and ii) “minutes and any other records” of the three meetings specifically mentioned in your initial request.
We remain at your disposal should you have any questions.

Thank you for your kind cooperation.
Yours sincerely,
NEAR ACCDOC TEAM

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NEAR-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

1 Attachment

Dear Mr Glioti,

 

Please find attached the reply to your request for access to documents,
registered under reference EASE 2022/4830.

 

According to standard operational procedure, the reply is usually also
sent to you by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during to
the COVID-19 epidemics, which include the requirement for all Commission
non-critical staff to telework, we are unfortunately not in a position to
follow this procedure until further notice.

 

We would therefore appreciate if you could confirm receipt of the present
e-mail by replying to [1][DG NEAR request email]

 

Thank you in advance.

 

Best regards,

 

European Commission

DG Neighbourhood and Enlargement Negotiations

NEAR Access to Documents

[2][DG NEAR request email]

 

 

 

References

Visible links
1. mailto:[DG NEAR request email]
2. mailto:[DG NEAR request email]

Dear DG Near, Dear Mr. Maciej POPOWSKI,



Thank you for your reply. Unfortunately, I find your response to my application to be unsatisfactory. Therefore, I would like to file the following confirmatory application.

In your letter, you state that the disclosure of the two documents must be refused, on the basis of the exception laid out in Article 4(3) of Regulation 1049/2001, namely, the protection of the decision-making process. I will address below the arguments you raise in your decision.



Confusion to the public



In your letter, you state that the full disclosure of the identified documents, which relate to the meetings between Mr. Várhelyi with Mr. Spindelegger could cause confusion to the public “by placing in the public domain preliminary statements of staff members of the European Commission”. 

However, I would like to challenge this point, by pointing out that the position of Commissioner is quite known by the public. Specifically, I would like to point to one tweet by Mr. Várhelyi, dated February 23rd 2021 [1], where he states:



“Comprehensive discussion with Michael Spindelegger of @ICMPD today on our work in #WesternBalkans, particularly on advancing migration management in #BosniaHerzegovina, in #SouthernNeighbourhood and in #Turkey. We will continue to cooperate together in support of our policy.”



The Commissioner's position continues to be consistent. In a more recent tweet, dated February 22nd 2022 [2], Mr. Várhelyi states:



“Good discussion today in Vienna with @ICMPD SG Michael Spindelegger. We in particular focused on migration challenges in #WesternBalkans with a view of stepping up our cooperation, based on a more balanced approach aiming to fight smuggling, border protection and returns.”



Quite the contrary, I believe that the disclosure of the identified documents would have the additional benefit of enlightening the public on the functioning of the European Commission.



Protection of the decision-making process

In your letter, you state that, in disclosing the identified documents, there is a real non-hypothetical risk of revealing preliminary views and policy options, currently under consideration, which would undermine the protection of the decision-making process of the Commission.

While your letter does not explain which decision-making process would be impacted by the disclosure (for need of confidentiality), I would like to challenge this position on the merits that the identified documents date to meetings from February 2020 and February 2021. Therefore, the views and policy options listed in the documents are no longer of actuality, and have definitely already transpired in the different actions and statements made by the Commission since then.


Additionally, while it is understood that the European Commission is entitled to protect its internal consultations in so far as it needs to safeguard its ability to carry out its tasks, Article 12(2) of the Regulation 1029/2001 points out that “legislative documents, that is to say, documents drawn up or received in the course of procedures for the adoption of acts which are legally binding in or for the Member States, should […] be made directly accessible.” In light of the tweet mentioned above [1], which speaks of migration management “policy”, it is clear that the documents in question relate to the actual legislative power of the European Commission, and not simply “preliminary views and policy options”, as you state.

Internal opinions and internal follow-up points

In your letter, you state that the disclosure of the identified documents would reveal internal opinions and internal follow-up points designed for internal purposes. However, I would like to point out that the meetings in question are with a representative of an entity, i.e. ICMPD, which is clearly external to the European Commission.

Public interest


Finally, I would like to point out that your letter fails to consider the public interest in disclosing the identified documents. The public benefit here is pretty clear, since the increased openness would enable citizens to participate more closely in the decision-making process and guarantee that the European Commission will enjoy greater legitimacy, especially in the domain of migration management policy, which is seen as one of the most important issues by the public. This is especially important when the Commission is acting in its legislative capacity.

Additionally, even if the documents do not relate to the legislative capacity of the Commission, the principle of transparency of the decision-making process must be taken into account, especially since the identified documents relate to the role of ICMPD in the aforementioned migration management policy.

In light of the above, I would like to you to reconsider your position, and grant access to the identified documents.



Yours faithfully, 


Andrea Glioti

[1]: https://twitter.com/OliverVarhelyi/statu...
[2]: https://twitter.com/OliverVarhelyi/statu...

sg-acc-doc@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2022/4830, sent on 06/01/2023 and registered on 10/01/2023.

We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 31/01/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.

Yours faithfully,

Secretariat-General - Access to Documents
European Commission

sg-acc-doc@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2022/4830, sent on 06/01/2023 and registered on 10/01/2023.

We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 31/01/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.

Yours faithfully,

Secretariat-General - Access to Documents
European Commission

Dear Neighbourhood and Enlargement Negotiations,

It has now been more than 9 working days since the time-limit, set for 31/01/2023, has expired. Any update on my request, please?

Yours faithfully,

Andrea Glioti

SG ACCES DOCUMENTS, Neighbourhood and Enlargement Negotiations

Dear Mr Glioti,

We refer to your e-mail of 13 February 2023 in relation to your
confirmatory application for access to documents with reference 2022/4830.

When assessing a confirmatory application for access to documents
submitted pursuant to Regulation (EC) No 1049/2001, the European
Commission’s Secretariat-General conducts a separate review of the reply
given by the Directorate-General concerned at the initial stage.

Furthermore, the procedure until the adoption of the confirmatory
decisions requires the consultation of several services, including of the
Legal Service in order to be adopted by the Secretariat-General. 

At this moment we are unable to indicate a precise date when the reply
will be provided to you as we have not concluded the necessary
consultations. However, we would like to assure you that we are working on
the final decision in relation to your request and are doing our utmost to
provide you with a reply as soon as possible.

Thank you sincerely for your understanding.

Kind regards,

SG.C.1 - Access to documents team

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Dear Neighbourhood and Enlargement Negotiations,

It has now been more than 40 days since your last correspondence. Is there any update on my request, please?

Yours faithfully,

Andrea Glioti

Sg-Acc-Doc@ec.europa.eu, Neighbourhood and Enlargement Negotiations

Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
 
 
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
 
 
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
 
 

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...

We don't know whether the most recent response to this request contains information or not – if you are Andrea Glioti please sign in and let everyone know.