Ref. Ares(2017)1528253 - 21/03/2017
EUROPEAN COMMISSION
DIRECTORATE-GENERAL MIGRATION AND HOME AFFAIRS
The Director-General
Brussels,
HOME/E2
Registered letter with AR
Mr Davis Savic
Access Info Europe
Calle Cava de San Miguel 8, 4º centro.
28005 Madrid
Spain
Advance copy by email: ask+request-
xxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – ref. GestDem n°2017/810
Dear Sir,
We refer to your e-mail dated 10/02/2017 in which you make a request for access to
documents, registered under the above mentioned reference number.
In your e-mail you asked to receive the reports submitted by Greece, Austria, the UK,
Ireland, Croatia and Luxembourg for the ex-post evaluation report (2007-2010) for the
External Borders Fund.
We hereby enclose a copy of the requested documents for Greece and Austria.
Please note that these documents were received by the Commission from the Greek and
Austrian authorities. They are disclosed for information. They do not reflect the position of
the Commission and cannot be quoted as such.
With regard to the reports for the UK, Ireland, Croatia and Luxembourg, we regret to
inform you that no documents were found that would correspond to the description given in
your application for the following reasons:
The UK and Ireland did not benefit from the External Borders Fund because this Fund was
a development of the Schengen acquis in which these two Member States did not take part
(as provided in Decision No 574/2007/EC establishing the Fund).
Croatia joined the EU in 2013 (therefore only at a later stage in relation to the evaluation in
question) and after EU accession it did not participate in the External Borders Fund.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Although Luxembourg was requested to submit a national report as contribution to the ex-
post evaluation report, the authorities decided not to submit a report, therefore the final
evaluation report omits a contribution from Luxembourg.
As specified in Article 2(3) of Regulation 1049/2001, the right of access as defined in
that regulation applies only to existing documents in the possession of the institution.
Given that no such documents have been identified for the UK, Ireland, Croatia and
Luxembourg, the Commission is not in a position to handle this request.
Furthermore, with regard to the documents for Greece and Austria to which you have
requested access, some of the documents contain personal data.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has
to be refused if its disclosure would undermine the protection of privacy and the
integrity of the individual, in particular in accordance with Community legislation
regarding the protection of personal data. The applicable legislation in this field is
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18
December 2000 on the protection of individuals with regard to the processing of
personal data by the Community institutions and bodies and on the free movement of
such data1.
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable2. According to Article 8(b) of this Regulation,
personal data shall only be transferred to recipients if they establish the necessity of
having the data transferred to them and if there is no reason to assume that the
legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and that it cannot be
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned. Therefore, we are disclosing the documents requested expunged from this
personal data.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal
data protection, you are entitled, in accordance with Article 7(2) of Regulation
1049/2001, to make a confirmatory application requesting the Commission to review
this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-4
1 Official Journal L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
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BERL 5/282
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
e-signed
e-signed
by Simon MORDUE
on behalf of
Matthias RUETE
Enclosures: Ex-post evaluation report on the results and impacts of actions co-financed
by the External Borders Fund in Greece, and its annex. Ex-post evaluation report on the
results and impacts of actions co-financed by the External Borders Fund in Austria, and
its annex.
Electronically signed on 20/03/2017 13:38 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
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