Ref. Ares(2020)2242843 - 27/04/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL MIGRATION AND HOME AFFAIRS
The Director-General
Brussels,
HOME/MP
By registered letter with
acknowledgment of receipt
Luisa Izuzquiza
Corporate Europe Observatory
Rue d'Édimbourg 26
1050 Bruxelles
Advance copy by e-mail:
ask+request-7607-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2020/0820
Dear Ms Izuzquiza,
We refer to your e-mail dated 23/01/2020 in which you make a request for access to
documents, registered on 11/02/2020 under the above-mentioned reference number.
You request access to:
- All correspondence – including, but not limited to, letters, e-mails, and any attachments
– exchanged between DG HOME representatives and any other actor (including, but not
limited to, other European bodies' officials or Member State representatives) regarding,
related to, or mentioning the concept of closed facilities for migrants and asylum seekers
in Greece.
- All documents – including, but not limited to, briefings, notes, papers, non-papers, or
reports – created or held by DG HOME, or exchanged between DG HOME
representatives and any other actor (including, but not limited to, other European bodies'
officials or Member State representatives) regarding, related to, or mentioning the
concept of closed facilities for migrants and asylum seekers in Greece.
- A list of all meetings held between DG HOME representatives and any other actor
(including, but not limited to, other European bodies' officials or Member State
representatives) where the concept of closed facilities for migrants and asylum seekers in
Greece was discussed.
- Any record of the aforementioned meeting(s), including but not necessarily limited to,
minutes of the meeting(s), verbatim reports of the meeting(s), transcripts etc, that would
provide a record of the proceedings of the meetings(s).
Your application concerns the following documents:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
1. From Beate Gminder, Director of Directorate E, DG Migration and Home Affairs
addressed to Notis Mitarachi, Minister of Migration and Asylum of Greece, 19 February
2020, ‘Clarifications on the Multi-Purpose Reception and Identification Centres’,
Ares(2020)1064818
2. E-Mail correspondence from Beate Gminder, Director of Directorate E, DG Migration
and Home Affairs addressed to Notis Mitarachi, Minister of Migration and Asylum of
Greece, 19 February 2020, ‘Proposed multi-purpose reception and identification facilities
(RICs) in the eastern Aegean islands’, Ares(2020)1064818
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I regret to inform you that your
application cannot be granted, as disclosure is prevented by exception to the right of access
laid down in Article 4 of this Regulation.
The documents, which you seek to obtain, contain sensitive and confidential information
exchange following ongoing communication and consultations between the Commission
and the Authorities of the Member State concerned.
Disclosure of the documents requested would undermine the protection of:
(a) the public interest as regards public security, as it could pose threats to the security of the
populations concerned; the Commission's services must ensure that the safety of the
individuals concerned is secured. Therefore, the exception laid down in Article 4(1) first
subparagraph of Regulation (EC) No 1049/2001 applies to this document.
(b) the decision-making process of the Commission, as it would reveal preliminary views
and policy options which are currently under consideration; the Commission's services must
be free to explore all possible options in preparation of a decision free from external
pressure. Therefore, the exception laid down in Article 4(3) first subparagraph of Regulation
(EC) No 1049/2001 applies to this document.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled 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
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Monique Pariat
[e-signed]
2
Electronically signed on 24/04/2020 17:58 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563