Sehr geehrte / Sehr geehrter Europäische Agentur für die operative Zusammenarbeit an den Außengrenzen,

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 documents, contracts, agreements and/or contractual statements between Frontex and Switzerland related to Return operations (for 2006-2018)

- Datas of the Joint Return Operations (JROs), coordinated by Frontex, in which Switzerland participated, including:

> The means of transport of each operation

> The date of departure of the operation

> The organising country or countries

> The destination country of the Return operation

> The nationality of the people that have been involved in the JRO’s

> The total no. of returnees

> Monitors/Observes

> The total cost of each JRO

> The cost for Switzerland of each operation

> The percentage paid by Frontex

> In case of flights: The departure airport and the destination airport

> In case of flight: the flight number

> The airline company which has provided the flight

> In case that Frontex also coordinated Return operations by boat: The shipping company which has provided the Return operation by sea.

> Dates and explanation about the number of unsuccessful or interrupted Returns

- Total number of Return Operations executed or co-executed by Frontex. (2006-2018)

- Total number of Return Operations by Frontex in cooperation with Switzerland. (2006-2018)

In general, I ask of the detail for 2006-2018. I would like to have access to all registers you have collected of the present year until the date of today.

Other questions

- In your own journal of the 10 of june 2017, you write: «but the Agency will begin to charter its own planes for return operations». Did this already happen? What are your plans?

- In the same text you write about a «60-strong return Support Unit». What are the function and mission of this «Support Unit»?

- On the 13 of september, Commissioner Avramopoulos mentions the plan to extend Frontex up to a standing corps of 10’000 operational EU staff. How many of this persons will work in the sector of «Return operations»?

- Explanations about every question you do not answer.

Kind regards,

Anna Jikhareva

PAD, European Border and Coast Guard Agency

Dear Ms Jikhareva,

Thank you for your email and your interest in Frontex activities.

We would like to inform you that pursuant to Article 2(1) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, the right of access to documents is granted to a citizen of the Union, and any natural or legal person residing or having its registered office in a Member State.

To confirm that you are invested in the right of access to the documents applied for, it is necessary to provide a proof of identification.

1. Preferably:
Please submit your request as an email attachment in the formats Pdf, ASICE, ADOC, BDOC, EDOC and signed electronically through a qualified esignature in line with the eDIAS Regulation (Regulation (EU) No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market).

2. Alternatively:
• For natural persons: Please provide an ID card/passport/residence permit in the EU;
• For legal persons: kindly submit the registration of your entity in an EU Member State and a proxy authorizing you to act on behalf of this entity.

Please submit the respective document to: [email address]

If you do not agree to submit documents containing personal data, we are unfortunately not able to process your application.

We will start processing your application after providing you with acknowledgement of receipt of the above mentioned documents and will reply within 15 working days.

Please be informed that:
• The person responsible for controlling your personal data (data controller) is the Head of the Transparency Office;
• Personal data is collected for the exclusive purpose of assessing the nationality/proxy of the applicant and, if applicable, the seat of the entity represented by the applicant;
• Only relevant staff members have access to your data;
• Your data is deleted at the latest when you receive the final reply. Processing your application takes a maximum of 15 or 30 working days depending on the number/size of the document(s) applied for;
• You are entitled to access and rectify your data during the processing of your application;
• During any steps of the process, you have the right to have recourse to the European Data Protection Supervisor.

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

Yours sincerely,

Transparency Office
+48 22 205 9500
[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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Dear PAD,
I just submitted my Id per e-mail to you. I am looking forward to your reply.

Yours sincerely,

Anna Jikhareva

PAD, European Border and Coast Guard Agency

Dear Ms Jikhareva,

Thank you for your email.

Unfortunately, we have not received any documents from you - please kindly re-send them directly to [email address]

Please note that without the required documents we are not be able to start processing your request.
Should you have any questions or require further assistance, please do not hesitate to contact us.

Yours sincerely,

Transparency Office
+48 22 205 9500
[email address]

Yours sincerely,

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PAD, European Border and Coast Guard Agency

Dear Ms Jikhareva,

Thank you for your interest in Frontex activities.

As the first part of your application falls under the regime of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, we will now commence the processing of your application and will reply within 15 working days, i.e. by 7 December including.

Please be informed that the second part of your application pertaining to "Other questions" is a request for information and therefore will be handled by the Media and Public Relations Office.

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

Yours sincerely,

Transparency Office
+48 22 205 9500
[email address]

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PAD, European Border and Coast Guard Agency

Dear Ms Jikhareva,

Please be informed that the Agency is duly processing your application CMS-2018-00011-0077.

In regard to your first point where you applied for " All documents, contracts, agreements and/or contractual statements between Frontex and Switzerland related to Return operations (for 2006-2018)", please be informed that your application pertains to a considerable number of documents. However, the information contained in those documents pertaining to each year does only deviate in minor elements and the structure of the documents remains mostly the same.

Thus, would you agree to receive a sample of a set of documents for one return operation involving Frontex and Switzerland per each year? Namely, in case that Switzerland participated in return operations in all years from 2006-2018, it would be 13 sets of documents.

Please be informed that until clarification has been received, the deadlines set in Regulation (EC) No 1049/2001 are suspended and will be relaunched after fair solution has been found.

Yours sincerely,

Transparency Office
+48 22 205 9500
[email address]

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Dear Transparency Office

thank you for your reply. I agree to receive a set of documents for one return operation involving Frontex and Switzerland for the years between 2006 and 2016. For the years 2017 and 2018 I would be happy to receive a list including all return operations involving Switzerland and Frontex. Thank you very much!

Best regards

Anna Jikhareva

PAD, European Border and Coast Guard Agency

Dear Ms Jikhareva,

Please be informed that the Agency is duly processing your application CMS-2018-00011-0077.

In light of your latest reply and clarification we would kindly ask you to confirm if, according to your application which falls under the regime of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, you are requesting:

- A set of documents for one return operation involving Frontex and Switzerland for the years between 2006 and 2016. For the years 2017 and 2018 a list including all return operations involving Switzerland and Frontex.

- Datas of the Joint Return Operations (JROs), coordinated by Frontex, in which Switzerland participated, including:

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- Total number of Return Operations executed or co-executed by Frontex. (2006-2018)

- Total number of Return Operations by Frontex in cooperation with Switzerland. (2006-2018)

In general, I ask of the detail for 2006-2018. I would like to have access to all registers you have collected of the present year until the date of today.

Please be informed that until confirmation has been received, the deadlines set in Regulation (EC) No 1049/2001 are suspended and will be relaunched after fair solution has been found.

Yours sincerely,

Transparency Office
+48 22 205 9500
[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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Dear Transparency Office

herewith I confirm that I request the information that is listed above.

Best regards
Anna Jikhareva

PAD, European Border and Coast Guard Agency

Dear Ms Jikhareva,

Thank you for your response and consent to narrow down your request. We will proceed accordingly.

Kindly note that the deadlines set in Regulation (EC) No 1049/2001 have been relaunched. We will now reinstate the processing of your application and will reply by 18 December including. Please do not hesitate to contact us with any question you may have.

Yours sincerely,

Transparency Office
+48 22 205 9500
[email address]

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PAD, European Border and Coast Guard Agency

37 Attachments

Dear Ms Jikhareva,

Please find enclosed our response to your application for access to documents.

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

Yours sincerely,

Transparency Office
+48 22 205 9500
[email address]

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Dear PAD,
1) In our request we asked for a set of documents for one return operation involving Frontex and Switzerland for every year between 2006 and 2016 and for the years 2017 and 2018 a list including all return operations involving Switzerland and Frontex. You did send the first set of documents (2006-2016), but didn’t sent us the documents for the years 2017 and 2018. This is probably due to a misunderstanding. We kindly ask you to send us at least the documents of two return operations (involving Switzerland) for the years 2017 and 2018.
2) Could you also complete your list with numbers of all return operations until the end of 2018? The list stops with the JRO to Gambia&Guinea-Bissau on the 24th of October.
3) Could you send us a list which shows the total JRO’s of each country participating on the JRO’s (in relation to total number of deportations) so it appears which country uses the possibility of JRO’s in which frequency?
Could you please send us this informations as soon as possible? At the latest until the 6th of January?
Yours sincerely,
Anna Jikhareva

PAD, European Border and Coast Guard Agency

Dear Ms Jikhareva,

Thank you for your email and interest in Frontex activities.
We will provide you with a response as soon as feasible.

Yours sincerely,

Transparency Office
+48 22 205 9500
[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 Jikhareva,

Thank you for your email and interest in Frontex activities.

In response to your questions, please note that:

1) In the process of clarifying your request, you expressly consented to receiving ... "A set of documents for one return operation involving Frontex and Switzerland for the years between 2006 and 2016. For the years 2017 and 2018 a list including all return operations involving Switzerland and Frontex", which Frontex has provided to you on 18 December 2018.
If you wish to apply for additional documents, you are free to submit a new public access to document application.

2) Your initial application pertains to "access to all registers you have collected of the present year until the date of today". Hence, Frontex has provided you on 18 December 2018 with the data collected until the date of the reception of your application. If you wish to apply for additional documents, you are free to submit a new public access to document application.

3) This point pertains to a new document which would necessitate a submission of a new public access to document application.

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

Yours sincerely,

Transparency Office
+48 22 205 9500
[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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