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

Information on programme Support to Integrated Border and Migration Management in Libya

We're waiting for Eleonora Celoria to read a recent response and update the status.

Eleonora Celoria

Dear Neighbourhood and Enlargement Negotiations,

Within the framework of the EU Trust Fund for Africa, the project "Support to Integrated Border and Migration Management in Libya" has been financed, with an estimated funding value of 57 million euro. The programme is implemented by the Italian Ministry of Interior.

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:
1) Indication of the amount of the sum deployed and the sum not yet deployed as at 15.07.2022;
2) Beneficiary authorities of the approved projects.
3) Actions implemented (or to be implemented) to achieve the objectives defined in the Action Fiche.

And the following documents:
4) Expenditure decrees issued by the Italian Ministry of the Interior in relation to the approved actions.

Yours faithfully,
Eleonora Celoria

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

Dear Ms Celoria,

 

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
([1]https://ec.europa.eu/info/principles-and...).

 

Yours faithfully,

 

NEAR ACCDOC TEAM

 

European Commission

DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

 

 

show quoted sections

Eleonora Celoria

Dear [email address],

Please find here my full postal address

Eleonora Celoria
via Schina 18/D
10143, Turin
ITALY

Yours sincerely,

Eleonora Celoria

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

Dear Ms Celoria,

Thank you for your e-mail. We hereby acknowledge receipt of your application for access to documents, which was registered on today under reference number GESTDEM 2022/4242.

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. The time limit will expire on 12 August 2022. In case this time limit needs to be extended, you will be informed in due course.

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.

Yours sincerely,

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

show quoted sections

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

1 Attachment

Dear Ms Celoria,

 

We refer to your e-mail of 15 July 2022 in which you make a request for
access to documents, registered on 22 July 2022 under the above mentioned
reference number.

 

Your request is referred to the EU Trust Fund for Africa project "Support
to Integrated Border and Migration Management in Libya".

 

The description given in your application 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 precise if your
request refers to the Phase I ([1]T05-EUTF-NOA-LY-04) of this project or
to Phase II ([2]T05-EUTF-NOA-LY-07). Both programmes are implemented by
the same entity (The Italian Ministry of Interior) and as per the amount
you mention it is closer to the Phase I, however as it is not exact, we
prefer to get your confirmation.

 

If you need assistance in clarifying or specifying your application, you
can contact us:

 

·       by email to: [3][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,

 

 

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

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[5][DG NEAR request email]

 

 

show quoted sections

Dear [email address],

Thank you for your request for clarification.
My request refers to both the Phase I ([1]T05-EUTF-NOA-LY-04) AND
to Phase II ([2]T05-EUTF-NOA-LY-07) of the project.
If you need any further indication, please do not hesitate to contact me.
Thank you for your cooperation.

Yours sincerely,

Eleonora Celoria

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

1 Attachment

Dear Ms Celoria,

 

We refer to your access to documents request, registered on 15 August 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 documents. The new time limit expires on 27 September
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.

 

Yours sincerely,

 

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]

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

1 Attachment

Dear Ms Deeley,

 

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

 

However, the drafted is finalised and will be submitted soon for approval
by DG NEAR hierarchy.

 

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

 

 

[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]

NEAR ACCDOC, Neighbourhood and Enlargement Negotiations

1 Attachment

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

Dear Ms Celoria,

 

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

 

The reply is finalised and has been submitted already for approval by DG
NEAR hierarchy.

 

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

 

 

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

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[6][DG NEAR request email]

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D8EAF6.CE8AB1C0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
6. mailto:[DG NEAR request email]

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

3 Attachments

Dear Ms Celoria,

 

Please find attached the reply to your request for access to documents,
registered under reference 2022/4242.

 

The reply to your request is sent to you by e-mail only. However, a paper
version of the letter can be sent at your explicit request.

 

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

 

Thank you in advance.

 

Best regards,

DG NEAR
 
European Commission
DG Neighbourhood and Enlargement Negotiations

NEAR Access to Documents

References

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

Dear Neighbourhood and Enlargement Negotiations,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Information on programme Support to Integrated Border and Migration Management in Libya'.

I am filing the following confirmatory application with regards to my access to documents request 'Information on programme Support to Integrated Border and Migration Management in Libya', Ref EASE No 2022/4242.

In the request, I asked to get access to the documents which contain the following information:
1) Indication of the amount of the sum deployed and the sum not yet deployed as at 15.07.2022;
2) Beneficiary authorities of the approved projects.
3) List of specific actions implemented (or to be implemented) to achieve the objectives defined in the Action Fiche.

A full history of my request and all correspondence is available at the following link:
https://www.asktheeu.org/en/request/info...

In its answer dated 7 November 2022, DG Near identified 59 documents as falling under the scope of my request, and gave limited access just to 4 of those documents. The access to the rest of the identified documents - the majority of those being quarterly narrative and financial reports from the Italian MoI to Dg near - is rejected, as the DG underlines how the disclosure of such is covered by the exceptions to the right of access laid down in Article 4(1)(a), first indent, Article 4(1)(a) third indent, and Article 4(1)(b) of Regulation 1049/2001 and therefore cannot be disclosed.

I’m asking for a review of my request, as I consider that although the subject-matter could potentially fall under the exceptions relating to the protection of public security, international relations, and privacy, the exception was applied incorrectly. In this respect, the Commission has not duly justified why the protection of such interests would necessarily lead to a refusal of disclosure of all the information contained in the identified documents. More specifically, conversely to what it was argued, I believe that it is possible to grant partial access to documents 1-4, 6, 7, 9, 10, 13-59 without jeopardizing the project's activities, the relations with the Libyan authorities, and without disclosing information regarding specific individuals.

In accordance with settled case law, the exceptions presented by DG Near as derogations to the principle of the widest possible public access to documents, must be interpreted and applied restrictively, and this implies that DG Near must explained for each document and information how in concrete terms access to them may pose a risk (e.g. CJEU, C-350/12 P, para. 52).

To begin with, it is unclear why disclosing the exact amount of public money allocated to the project would undermine the effectiveness of its activity. Considering that the Commission is required to manage EU funds in accordance with the principles of sound financial management and transparency as to ensure greater accountability in public financial management, refusal to disclose how EU money is used should be properly justified. Likewise, although I understand that detailed information could cover sensitive and confidential elements, I believe that general information relating to their content and objective should be known to the public, especially the ones carried out by IOM, an international organization in charge of humanitarian actions.

The refusal of the Commission to release information is even less understandable considering that part of this information is in fact already publicly available on different Italian institutional websites, mostly through the call for tenders launched by the Italian MoI and other partners in the implementation of the Sibmmil programme. Citizens have, in fact, already a partial knowledge of the different equipment handed to Libyan authorities during the implementation of the project. For instance the call for tenders related to the supply of 14 mt 12.00 boats and 6 mt 9.00 boats for the Libyan police (https://www.poliziadistato.it/articolo/1...) or the one for the supply of IT and radio equipment to be delivered to the State of Libya (https://www.poliziadistato.it/articolo/1...) show how this kind of information - namely the kind of equipment and the beneficiaries of the latter - are not sensitive information, and the public knowledge would not imply any danger for security of international relations. If the DG Near applies such exceptions, this should be done individually, by explaining in detail how the specific information or document could hinder public security and international relations.

The same reasoning could be applied to the information required on the beneficiaries of the supplies and equipment within the SIBMILL project. The actions fiche of the programme already contains a list of beneficiaries of the programme (such as General Administration and Costal Security and Libyan Coast Guard), and even in some call for tenders the beneficiaries are included in the description of the call (see the above mentioned Call for tenders). It is, thus, difficult to understand how the exceptions to disclosure can be generally applied to this kind of information. The DG should, in case of refusal, explain specifically how such exceptions can be applied.

Based on that, the refusal to disclose the entirety of the documents requested is not justified. Indeed, partial access to the documents, even in a redacted form - for instance blanking the most sensitive information related to names and personal data of the people involved, or the exact location of the equipment given - would not jeopardize public security, international relations, or the integrity of individuals and would allow for greater transparency and accountability of EU institutions. In fact, following art 4, para 6 Reg. 1049/2001 “If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released”.

I thus ask to review my request, and to get access to the following information contained in the documents identified by DG near, and in particular:
- Indication of the amount of the sum deployed and the sum not yet deployed as at 15.07.2022;
- Beneficiary authorities of the approved projects;
- List of specific actions implemented (or to be implemented) to achieve the objectives defined in the Action Fiche

Yours faithfully,

Eleonora Celoria

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

Dear Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2022/4242, sent on 21/11/2022 and registered on 24/11/2022.

We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 15/12/2022. 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

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