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 the following documents:

- All Frontex Serious Incident Reports dated from 1 February 2020 to 1 March 2020, both included.

Please do not hesitate to contact me if you need any clarification in regards to any aspect of my request.

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 this e-mail address only.

Thank you in advance.

Yours faithfully,

Luisa Izuzquiza

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,

I filed this request more than one week ago and I have not yet received an acknowledgement of receipt. Could you please confirm you have received my request and provide an acknowledgement and a reference number?

Thank you in advance.

Yours sincerely,

Luisa Izuzquiza

PAD, European Border and Coast Guard Agency

1 Attachment

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    disclaimer logo 1e822151 ee0d 438a ab9e a126050e7a1c.png

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Dear Ms Izuzquiza,

 

Please indicate the case reference number starting with PAD-2020-000… as
well as the exact date of your application for public access to documents.

 

Yours sincerely,

Transparency Office

 

 

 

Dear Frontex,

 

I filed this request more than one week ago and I have not yet received an
acknowledgement of receipt. Could you please confirm you have received my
request and provide an acknowledgement and a reference number?

 

Thank you in advance.

 

Yours sincerely,

 

Luisa Izuzquiza

 

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.

show quoted sections

Dear Frontex,

My application does not have a reference number since I have not yet received an acknowledgement of receipt. It was filed on 12 March 2020 and it reads as follows:

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 the following documents:

- All Frontex Serious Incident Reports dated from 1 February 2020 to 1 March 2020, both included.

Please do not hesitate to contact me if you need any clarification in regards to any aspect of my request.

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 this e-mail address only.

Thank you in advance.

Yours faithfully,

Luisa Izuzquiza

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: L37KSG3368
Email: [FOI #7771 email]
Case Id: PAD-2020-00063

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 Frontex,

As I explicitly stated in my initial application, I wish to receive all correspondence and documents related to this request via this e-mail address only. This 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."

Your message of 24 March is a link to a response that can only be accessed via your internal system. I therefore ask you once again to send this response directly to this e-mail address instead of posting your response in your internal system.

Thank you in advance.

Yours faithfully,

Luisa Izuzquiza

PAD, European Border and Coast Guard Agency

1 Attachment

  • Attachment

    disclaimer logo 1e822151 ee0d 438a ab9e a126050e7a1c.png

    5K Download

Dear Ms Izuzquiza,

Thank you for your email. In regard to your reference to the European
Ombudsman Decision in case “104/2020/EWM”, please be informed that
decisions of the European Ombudsman are not legally binding erga omnes.
Notwithstanding, the procedure you referred to pertains to the submission
of applications and the medium to which Frontex replies. The Transparency
Office is currently processing your application and has complied with your
request regarding your preferred reply address: “Please use this email
address for all replies to this request:
[1][FOI #7771 email]

Yours sincerely,

 

Transparency Office

 

 

 

Dear Frontex,

 

As I explicitly stated in my initial application,  I wish to receive all
correspondence and documents related to this request via this e-mail
address only. This 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."

 

Your message of 24 March is a link to a response that can only be accessed
via your internal system. I therefore ask you once again to send this
response directly to this e-mail address instead of posting your response
in your internal system.

 

Thank you in advance.

 

Yours faithfully,

 

Luisa Izuzquiza

 

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.

show quoted sections

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: 54WI6H1MBE
Email: [FOI #7771 email]
Case Id: PAD-2020-00063

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,

In my initial request of 12 March 2020 I stated: "I hereby express my wish to receive all correspondence and documents related to this request via this e-mail address only." I expressed this preference again in my e-mail of 25 March 2020, where I stated: "I therefore ask you once again to send this response directly to this e-mail address instead of posting your response in your internal system."

Frontex's persistent refusal to provide its response to my request, as well as any documents included in its response, constitutes a direct violation of Article 10 of Regulation 1049/2001: "The applicant shall have access to documents either by consulting them on the spot or by receiving a copy, including, where available, an electronic copy, according to the applicant's preference."

Frontex is also contravening the very purpose of Regulation 1049/2001 as established in Article 1 (a) of the Regulation: "to ensure the widest possible access to documents."

Frontex is also ignoring and contravening the European Ombudsman's recommendation in case 104/2020/EWM: "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."

By continuing to post its responses via its own internal system, Frontex is not only ignoring my rightfully and explicitly stated preference, but it is also effectively making it impossible for me to exercise my fundamental right of access to documents; as Frontex is surely already aware, since I have raise this issue with its Transparency Office before, I cannot access the login details sent by Frontex via the AsktheEU.org platform. Frontex can see this for itself, here: https://www.asktheeu.org/en/request/sirs...

As a consequence of this, I am currently being deprived from an acknowledgement of receipt, a reference number, a response to my request, and any of my rights as stated in Article 7 (1) of Regulation 1049/2001.

I am therefore calling on Frontex one more time to comply with its legal obligation and provide me with its response to my request, as well as any corresponding documents, via this e-mail address only.

Thank you in advance,

Luisa Izuzquiza

PAD, European Border and Coast Guard Agency

3 Attachments

 Dear Ms Izuzquiza,

 

The Transparency Office is currently processing your application and has
complied with your request regarding your preferred reply address
indicated in each piece of correspondence sent to Frontex (also indicated
in this email): “Please use this email address for all replies to this
request: [1][FOI #7771 email]”. Consequently, all
correspondence, which includes a reference number (Case ID) starting with
PAD-2020-0…. and all other pieces of access information, was duly sent to
this email address.

 

As also discussed in our phone conversation of 6 February 2020, Frontex
cannot be held liable for deficiencies of the media used by applicants to
submit applications.

 

Yours sincerely,

 

Transparency Office

 

 

Dear European Border and Coast Guard Agency,

 

In my initial request of 12 March 2020 I stated: "I hereby express my wish
to receive all correspondence and documents related to this request via
this e-mail address only." I expressed this preference again in my e-mail
of 25 March 2020, where I stated: "I therefore ask you once again to send
this response directly to this e-mail address instead of posting your
response in your internal system."

 

Frontex's persistent refusal to provide its response to my request, as
well as any documents included in its response, constitutes a direct
violation of Article 10 of Regulation 1049/2001: "The applicant shall have
access to documents either by consulting them on the spot or by receiving
a copy, including, where available, an electronic copy, according to the
applicant's preference."

 

Frontex is also contravening the very purpose of Regulation 1049/2001 as
established in Article 1 (a) of the Regulation: "to ensure the widest
possible access to documents."

 

Frontex is also ignoring and contravening the European Ombudsman's
recommendation in case 104/2020/EWM: "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."

 

By continuing to post its responses via its own internal system, Frontex
is not only ignoring my rightfully and explicitly stated preference, but
it is also effectively making it impossible for me to exercise my
fundamental right of access to documents; as Frontex is surely already
aware, since I have raise this issue with its Transparency Office before,
I cannot access the login details sent by Frontex via the AsktheEU.org
platform. Frontex can see this for itself, here:
[2]https://www.asktheeu.org/en/request/sirs...

 

As a consequence of this, I am currently being deprived from an
acknowledgement of receipt, a reference number, a response to my request,
and any of my rights as stated in Article 7 (1) of Regulation 1049/2001.

 

I am therefore calling on Frontex one more time to comply with its legal
obligation and provide me with its response to my request, as well as any
corresponding documents, via this e-mail address only.

 

Thank you in advance,

 

Luisa Izuzquiza

 

Frontex - European Border and Coast Guard Agency · Plac Europejski 6,
00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501 ·
[3]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.

show quoted sections