EC decisions approving AMIF, BMVI and ISF programmes of 6 Member States

Chiara Catelli made this access to documents request to Migration and Home Affairs

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The request was successful.

Dear Migration and Home Affairs,

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:

European Commission decisions delivered by means of implementing acts (in line with Article 23 of the Common Provisions Regulation) approving the programmes of Hungary, Poland, Cyprus, Greece, Spain and Croatia for AMIF, ISF and BMVI funding instruments.

Yours faithfully,

Chiara Catelli

HOME-ACCESS-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 07/02/2023 and registered on 08/02/2023 under case number 2023/0871.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

Directorate-General for Migration and Home Affairs - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

Dear Migration and Home Affairs,

Thank you very much for your reply in which you ask me to provide you with my postal address.

I separately shared my postal address from my professional email on 8 February. I look forward to your kind feedback.

Yours faithfully,

Chiara Catelli

HOME ACCESS DOCUMENTS, Migration and Home Affairs

[1]RE: access to documents request - EC decisions approving AMIF, BMVI and
ISF programmes of 6 Member States - Ares(2023)1164323  (Please use this
link only if you are an Ares user – Svp, utilisez ce lien exclusivement si
vous êtes un(e) utilisateur d’Ares)

Dear Madam,

We apologies for this inconvenience.
Due to a bug in the system, you have not received our acknowledgement of
receipt, which has been sent on 8 February 2023.
We are still working to fix this issue.
Please note that the deadline for receiving your reply is 1/03/2023.
Meanwhile please note that we are finalizing our reply to you and you will
receive it in the next days.

Best regards,

HOME Access to documents team

show quoted sections

HOME-ACCESS-DOCUMENTS@ec.europa.eu,

20 Attachments

  • Attachment

    Case 2023 0871 Initial reply.pdf

    343K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Croatia for support from the Asylum Migration and Integration Fund for the period from 2021 to 2027.pdf

    151K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Croatia for support from the Instrument for Financial support for Border Management and Visa Policy for the period from 2021 to 2027.pdf

    152K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Croatia for support from the Internal Security Fund for the period from 2021 to 2027.pdf

    150K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Cyprus for support from the Asylum Migration and Integration Fund for the period from 2021 to 2027.pdf

    153K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Cyprus for support from the Instrument for Financial support for Border Management and Visa Policy for the period from 2021 to 2027.pdf

    155K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Cyprus for support from the Internal Security Fund for the period from 2021 to 2027.pdf

    151K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Greece for support from the Asylum Migration and Integration Fund for the period from 2021 to 2027.pdf

    151K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Greece for support from the Instrument for Financial support for Border Management and Visa Policy for the period from 2021 to 2027.pdf

    155K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Greece for support from the Internal Security Fund for the period from 2021 to 2027.pdf

    151K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Hungary for support from the Internal Security Fund for the period from 2021 to 2027.pdf

    201K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Hungary for support from the Asylum Migration and Integration Fund for the period from 2021 to 2027.pdf

    216K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Hungary for support from the Instrument for Financial support for Border Management and Visa Policy for the period from 2021 to 2027.pdf

    200K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Poland for support from the Asylum Migration and Integration Fund for the period from 2021 to 2027.pdf

    152K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Poland for support from the Instrument for Financial support for Border Management and Visa Policy for the period from 2021 to 2027.pdf

    154K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Poland for support from the Internal Security Fund for the period from 2021 to 2027.pdf

    153K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Spain for support from the Asylum Migration and Integration Fund for the period from 2021 to 2027.pdf

    150K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Spain for support from the Instrument for Financial support for Border Management and Visa Policy for the period from 2021 to 2027.pdf

    151K Download View as HTML

  • Attachment

    COMMISSION IMPLEMENTING DECISION approving the programme of Spain for support from the Internal Security Fund for the period from 2021 to 2027.pdf

    150K Download View as HTML

  • Attachment

    List of identified documents and type of disclosure.pdf

    402K Download View as HTML

Hello,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/0871.

Please acknowledge the receipt of this message by return email.
Kind regards,

Dear Migration and Home Affairs,

Many thanks for your reply and for sharing the requested documents.

Yours faithfully,

Chiara Catelli