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:

1. Serious Incident Report no. 829
2. Serious Incident Report no. 1309

Please also note that, in line with the European Ombudsman's decision in case 104/2020/EWM, I hereby express my wish to receive all correspondence and documents related to this request via the online portal asktheeu.org only.

Yours faithfully,

Lena Karamanidou

Frontex, European Border and Coast Guard Agency

1 Attachment

Dear Sender,

 

If you intend to apply for public access to documents, please use the
gateway: [1]https://pad.frontex.europa.eu/padrequest....

 

Before applying, kindly consider the application procedure as indicated
under
[2]https://frontex.europa.eu/contact/public...

 

Yours sincerely,

 

[3]cid:image005.png@01D25143.0CB89DD0

 

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Dear Frontex,

As I explicitly stated in my initial application, I wish to receive all correspondence and documents related to this request via the online portal asktheeu.org only. I prefer not to submit a request via the internal online portal linked in your response.

I believe my request is in line with the European Ombudsman's decision in case 104/2020/EWM, which stated:

"Fulfilling requests via online portals is an effective means of complying with this obligation. Where an applicant has specifically stated that this is their preferred medium for receiving the response to their request and any documents to which public access is granted, institutions should comply with that request unless there is very good reason (which should be explained) for them not to do so. This is a matter of good administration as well as a means of complying with the legal obligation to give the widest possible public access."

I therefore ask you once again to respond to my request via the online portal asktheeu.org. I also kindly request that you provide the reasons you do not wish to comply with my request, in line with the above quoted European Ombudsman's decision in case 104/2020/EWM.

Thank you in advance.

Yours sincerely,

Lena Karamanidou

European Border and Coast Guard Agency

1 Attachment

New information regarding your application is available under this link
[1]https://pad.frontex.europa.eu/PadCases/P...
Token: V344768IQZ
Email: [FOI #7827 email]
Case Id: PAD-2020-00067

Please be informed that the link is valid for 15 working days

Frontex - European Border and Coast Guard Agency · Plac Europejski 6,
00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501 ·
[2]www.frontex.europa.eu

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.

References

Visible links
1. https://pad.frontex.europa.eu/PadCases/P...
2. http://frontex.europa.eu/

Dear European Border and Coast Guard Agency,

Dear Frontex,

Many thanks for the link. Unfortunately it doesn't seem to work. The response I get is 'invalid data token provided'.

Any further guidance would be appreciated.

Yours faithfully,

Lena Karamanidou

PAD, European Border and Coast Guard Agency

Dear Ms Karamanidou,

We have verified the access credentials sent to you ([FOI #7827 email]) on 6 April 2020 and are pleased to confirm their functionality.

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 PAD,

Many thanks for your reply. I tried again but the link still doesn't work. I think the issue might be the email address.

I will send you the screenshots confirming this to you official email address.

Yours sincerely,

Lena Karamanidou

European Border and Coast Guard Agency

1 Attachment

New information regarding your application is available under this link
[1]https://pad.frontex.europa.eu/PadCases/P...
Token: EGSVCVUSOA
Email: [FOI #7827 email]
Case Id: PAD-2020-00067

Please be informed that the link is valid for 15 working days

Frontex - European Border and Coast Guard Agency · Plac Europejski 6,
00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501 ·
[2]www.frontex.europa.eu

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.

References

Visible links
1. https://pad.frontex.europa.eu/PadCases/P...
2. http://frontex.europa.eu/

European Border and Coast Guard Agency

1 Attachment

New information regarding your application is available under this link
[1]https://pad.frontex.europa.eu/PadCases/P...
Token: H76E9DDHWP
Email: [FOI #7827 email]
Case Id: PAD-2020-00067

Please be informed that the link is valid for 15 working days

Frontex - European Border and Coast Guard Agency · Plac Europejski 6,
00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501 ·
[2]www.frontex.europa.eu

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.

References

Visible links
1. https://pad.frontex.europa.eu/PadCases/P...
2. http://frontex.europa.eu/

Dear European Border and Coast Guard Agency,

Many thanks for your reply.

As I have stated in my previous message here, and in previous communications with PAD through my work email, I cannot log on the linked page and access your reply. I will outline previous exchanges via my work email here, as I believe it is necessary to have some transparency on the responses of PAD to citizens requesting access to information.

On April 14th, following your reply in this website, I emailed PAD and attached two screen shots as evidence that I could not log on. PAD responded that they are currently processing my application and has complied with my request, stating that my request was “Please use this email address for all replies to this request:
[email address]”

I clarified that I did request my application to be dealt through the portal asktheeu.org but did not refer to specific email address, and observed that there seemed to be technical issues still preventing me to log on.

At that point I made clear my concerns that being unable to log on would prevent me from accessing the documents I requested, which I believed was contrary to the provisions of Regulation 1049/2001 regarding citizens having the fullest possible access to documents, and the suggestions of the European Ombusdman in response to case 104/2020/EWM.

PAD responded by attaching the earlier email I was sent, and remarked that the attachment contained a footer: “Please use this email address for all replies to this request: [email address]”. I had, by that point, used both the credential [FOI #7827 email] provided in the asktheeu.org website and the ‘[email address]’

I replied that I still couldn’t log on, and that it seemed that PAD refused to believe that I encounter technical difficulties which gave me cause to be concerned about how I will access the documents requested when they are made available.

PAD responded by stating that the procedure has not changed from a previous and that ‘while the email address you provided for the currently pending application is different from the one used’ in this previous request, and asked me whether I was able to access the documents provided in the previous request. I confirmed that I was able to access the provided documents. I note that PAD appears to use my personal data so as to keep track of my previous FOI requests.

I also note that the previous request was submitted before the European Ombudsman’s ruling in the case 104/2020/EWM. After the ruling, I decided to ask that my current request is handled through the asktheeu.ord website. This is proving technically impossible.

I am very disappointed at the response of PAD, which so far has consisted of denying that I am unable to log on due to technical difficulties with the internal Frontex log-on page. I will also reiterate the concerns I raised in my personal communications with PAD regarding access to documents in line with Regulation 1049/2001 the suggestions of the European Ombudsman in response to case 104/2020/EWM.

I am looking forward to your reply, and hope that you are willing to provide me with some technical assistance to enable me to access your replies and, if released. the documents requested.

Yours faithfully,

Lena Karamanidou

PAD, European Border and Coast Guard Agency

5 Attachments

 

Dear Ms Karamanidou,

 

 

The Transparency Office has replied to your application PAD-2020-00067 on
29 April and has complied with your request regarding your preferred reply
address indicated in each piece of correspondence sent to Frontex (also
indicated in the footer of your email  below): “Please use this email
address for all replies to this request:
[FOI #7827 email]”. Consequently, all correspondence,
which includes a reference number (Case ID) PAD-2020-00067 and all other
pieces of access information, was duly sent to this email address. Based
on your screenshots, we understand that wrong email addresses and wrong
captcha codes were entered.

 

As you also kindly stated in your email of 14 April 2020, you received all
documents forming part of your application PAD-2020-00040 and we thus
recommend to access your application PAD-2020-00067 in a similar manner
with the information sent to you on 29 April 2020. 

 

For your convenience, please find herewith attached our correspondence of
14 April 2020 with the respective footers.

 

Yours sincerely,

 

Transparency Office

 

Frontex - European Border and Coast Guard Agency · Plac Europejski 6,
00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501 ·
[1]www.frontex.europa.eu

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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