The Border Post in 2011 and 2012

The request was successful.

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:

- all The Border Post issues published in 2011 and 2012.

Please note that, under Article 10 (3) of Regulation 1049/2001, I would like to receive the documents in their original PDF format (i.e.: not scanned copies).

Thank you in advance.

Yours faithfully,

Luisa Izuzquiza

Press, European Border and Coast Guard Agency

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Dear Ms Izuzquiza,

 

Thank you for contacting Frontex. Please be informed that your request
falls under request for information and that is why Frontex Press Office
will be dealing with it.

 

Best regards,

 

Frontex Press 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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Dear European Border and Coast Guard Agency,

In regards to the Frontex Press Office e-mail from 12 July (available here: https://www.asktheeu.org/en/request/the_... ) stating that “[this] request falls under request for information and that is why Frontex Press Office will be dealing with it”, I would like to stress the following:

My initial request of 11 July was purposely framed under Regulation 1049/2001, identifying clearly and precisely the documents I was seeking access to, including the format I wished for them to be delivered in. This was therefore quite clearly a request for access to EU documents and not a request for information.

Even though I would like to make clear that I have no objections whatsoever to the treatment the Frontex Press Office has given to date to my requests for (actual) information, I hope Frontex will understand the need for me to call on the agency to reconsider its initial assessment, and register and process my request as a request for access to EU documents following the procedures established in Regulation 1049/2001:
- first, because as explained above, my request is framed and explicitly worded as a request for access to EU documents, not for information;
- second, because the decision to treat my request as a request for information is detrimental to the exercise of my rights under EU law, as seeking access to documents under Regulation 1049/2001 grants me of certain rights of which I am deprived if the request is treated as a mere press request for information;
- third, because the (incorrect) consideration of access to documents requests as requests for information will have other effects, such as they way in which this request is recorded in Frontex’s annual access to documents statistics or any other evaluation and accountability mechanism meant to report on the activity of the Agency.

For these reasons, and with the certainty that Frontex will understand why I consider it important to insist on the safeguard of my fundamental right of access to EU documents, I would like to ask the agency to rectify its initial assessment and register and process my request of 11 July as an access to EU documents request in accordance with Regulation 1049/2001.

Thank you very much in advance.

Best regards,

Luisa Izuzquiza

Press, European Border and Coast Guard Agency

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Dear Ms Izuzquiza,

 

thank you for contacting Frontex. Please be informed that your request
falls under request for information and that is why Frontex Press Office
will be dealing with it.

 

Best regards,

 

Frontex Press 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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Press, European Border and Coast Guard Agency

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Dear Ms Izuzquiza,

 

With reference to point 1, please be informed that the documents you
applied for have been made available to the public as part of a monthly
distribution in hard copy as part of other Frontex activities and
therefore your application has been taken over by the Media and Public
Relations Office (MPR) as the entity having published and distributed the
Border Post in the past.

As regards point 2, kindly note that the two issues of Border Post you
have already received had been scanned to delete personal (meta)data
embedded in the documents, in line with our obligations under Regulation
45/2001 and similar to Article 4(1)(b) of Regulation (EC) 1049/2001. This
step did not modify their content and you have received the two Border
Posts in full, as you wished, and within the shortest possible time - a
timeframe, which would have met the requirements of Regulation (EC)
1049/2001. Your current request for the issues of the Border Post for the
years 2011 and 2012 will be processed accordingly.  

 

Regarding point 3, all applications received under Regulation (EC)
1049/2001 are recorded as applications for public access to documents also
when they are finally taken over by MPR, if they do not constitute
applications in the sense of Regulation (EC) 1049/2001. Similarly,
requests received by MPR, which turn out to be applications for public
access to documents are consequently taken over by the Transparency
Office, recorded and processed under Regulation (EC) 1049/2001.

 

Best regards,

 

Frontex Press Office

Media and Public Relations 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.

From: Press
Sent: 16 July 2018 17:39
To: [FOI #5737 email]
Cc: Press <[email address]>; PAD <[email address]>
Subject: Re: access to documents request - The Border Post in 2011 and
2012

 

Dear Ms Izuzquiza,

 

thank you for contacting Frontex. Please be informed that your request
falls under request for information and that is why Frontex Press Office
will be dealing with it.

 

Best regards,

 

Frontex Press Office

 

 

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Dear Frontex Press Office,

Thank you very much for your response, the clarifications, and the documents provided, of which I confirm receipt.

All the best,

Luisa