Meetings with aerospace industry

Response to this request is delayed. By law, European Border and Coast Guard Agency should normally have responded promptly and by (details)

Dear European Border and Coast Guard Agency,

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:

For the period between 1 January 2016 to date:

- a list of all meetings held by Frontex with the following companies' representatives and/or intermediaries for these companies: Israel Aerospace Industries (or IAI), Elbit Systems, and/or CEiiA. The list should include: date of the meeting, individuals attending and their organisational affiliation, as well as the issues discussed;
- all minutes and other reports of these meetings;
- all correspondence, including attachments (including, but not limited to, emails, letters, and/or telephone call notes), between Frontex and any of the three companies mentioned above, including any intermediaries representing their interests; and
- all documents prepared for the purpose of these meetings and/or exchanged during the course of these meetings.

Please don’t hesitate to contact me if you have any doubts or question in regards to this request.

Thank you in advance.

Yours faithfully,

Luisa Izuzquiza

PAD, European Border and Coast Guard Agency

Dear Ms Izuzquiza,

Your application Is hereby registered

As your request falls under the regime of Regulation (EC) No 1049/2001, we will now forward your email to the responsible Units and get back to you with an answer within 15 working days.

Yours sincerely,

Transparency Office
[email address]

Frontex - European Border and Coast Guard Agency

www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

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PAD, European Border and Coast Guard Agency

Dear Ms Izuzquiza,

Your application is not sufficiently precise to enable us to continue processing it. Kindly specify the scope of

- all correspondence, including attachments (including, but not limited to, emails, letters, and/or telephone call notes), between Frontex and any of the three companies mentioned above, including any intermediaries representing their interests; and,

i.e. to which correspondence you seek access to.

Please be informed that until the scope of this part of your application is ascertained, the timelines of the entire application are suspended.

Yours sincerely,

Transparency Office

Frontex - European Border and Coast Guard Agency

www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

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Dear Frontex,

Thank you for your e-mail.

It is unfortunate that Frontex would only find my initial application as not "sufficiently precise" twenty (20) days after I filed my initial request, and fourteen (14) days after the agency itself registered and started processing this request.

It is also unfortunate that Frontex would find that the type of correspondence I seek access to cannot be "ascertained", even if I provided a list in my initial request of the kinds of correspondence I am interested in, namely: "emails, letters, and/or telephone call notes", "including attachments".

Please note that, with Frontex not having a public register of documents, it is impossible to be more precise and to determine which are the exact documents one seeks access to when filing access to documents requests. In the present case I have already identified: a) the actors this correspondence should involve; b) a time frame; and c) examples of the types of correspondence I am interested in. And while I believe these details are sufficiently precise (especially given the above-mentioned absence of a register), I must stress that this framing and "scope" was accepted by Frontex itself on October 14 upon registration of my request.

I would also like to note that Frontex has previously dealt with requests regarding correspondence, without any apparent issues regarding the "scope" or meaning of the term "correspondence". Please find an example here: https://www.asktheeu.org/en/request/fron... I would like to invite Frontex to follow its own internal practices when dealing with the present request.

And in the case of Frontex having any further questions in regards to the actors, the time frame, or the types of correspondence I am interested in, I would like to urge the agency to be more precise when asking for clarifications - without prejudice to the processing of my application and its timeline, and in full compliance with Article 6 (2) of Regulation 1049/2001.

Finally, to this regard, I would like to point out that the right for an EU body to arbitrarily suspend "the timelines of the entire application" is nowhere to be found in Regulation 1049/2001. Instead, Article 7 (1) of the Regulation establishes that: "Within 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 2 of this Article."

To this extent, please note that I do not consider Frontex's suspension as lawful or in accordance with the principle of good administration, and I will therefore expect a response to my application by no later than 5 November.

Thank you in advance.

Yours sincerely,

Luisa Izuzquiza

PAD, European Border and Coast Guard Agency

Dear Ms Izuzquiza,

Kindly clarify whether the scope of correspondence pertains to meetings.

Yours sincerely,

Transparency Office

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Dear Frontex,

Thank you for your e-mail. I am interested in all correspondence exchanged from 1 January 2016 to 8 October 2019 on any topic, hence including - but not limited to - exchanges related to meetings.

Yours sincerely,

Luisa Izuzquiza

PAD, European Border and Coast Guard Agency

Dear Ms Izuzquiza,

Thank you.

The timelines are herewith reinstated.

Yours sincerely,

Transparency Office

Frontex - European Border and Coast Guard Agency

www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

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PAD, European Border and Coast Guard Agency

Dear Ms Izuzquiza,

Please be informed that due to the demands of your application, we have to extend the abovementioned deadline by 15 working days in accordance with Article 7(3) of Regulation (EC) No 1049/2001.

Nonetheless, we will do our best to provide you with the answer as soon as feasible.

Please do not hesitate to contact us with any question you may have.

Yours sincerely,

Transparency Office
[email address]

Frontex - European Border and Coast Guard Agency

www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

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