FW: PAD-2020-00063: All Frontex Serious Incident Reports dated from 1 February 2020
to 1 March 2020, both included
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:
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,
New information regarding your application is available under this
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 · www.frontex.europa.eu
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have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your
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