Ref. Ares(2020)3924235 - 24/07/2020
NEIGHBOURHOOD AND ENLARGEMENT NEGOTIATIONS
R - Resources
R.2 - Legal Issues
Your application for access to documents – Ref. GestDem 2020/2855
Dear Ms De Biasio,
I refer to your application dated 11 May 20201, registered on 14 May 2020 under the
above-mentioned reference number2, in which you make a request for access to:
‘documents in relation to the implementation of the project “Support to Integrated
border and migration management in Libya - Second phase (T05-EUTF-NOA-LY-
07)” I request to have access to: - The timeline of the following project (official start
and end date of implementation) - Documents concerning the negotiation process
with the Italian MoI, ICMDP and IOM -Documents regarding the state of
implementation of the project.’
I also refer to our emails of 9 and 30 June 20203, by which we informed you that an
extended time limit was needed for the purpose of internal and external consultations
regarding your request.
Your application concerns 34 documents, which you can find listed in Annex ‘List of
Please note that your application relates to documents concerning a very specific topic,
namely, information on ‘integrated border and migration management in Libya action’,
in so far as it is financed through the EU Trust Fund for Africa - North of Africa window.
Your application relates therefore to a narrow, specific issue. Furthermore, in practice, as
far as Libya is concerned, the above-mentioned action focuses fully on the issue of
border management, rather than migration, as the title of the action might suggest.
1 Ref. Ares(2020)2545503.
2 Ref. Ares(2020)2545660.
3 Ref. Ares(2020)2987826 and (2020)3731157 respectively.
Ms Sabrina De Biasio
Via Monte Civetta 32
By email only:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
The documents identified contain information about the subject matter mentioned in your
application. Nonetheless, most documents also include information unrelated to the
subject matter of your request. This irrelevant information has been redacted as falling
outside the scope of your application.
Document 1 is publicly available4. For your convenience, it is also annexed to the present
As regards the remaining documents, having examined them under the provisions of
Regulation (EC) No 1049/20015 and taking into account the opinion of third parties
concerned, I have decided that:
- Full access can be granted to document 2;
- Partial access can be granted to documents 3-34, as full disclosure is prevented by
the exception to the right of access laid down in Article 4(1)(b) (protection of the
privacy and integrity of the individual) of Regulation (EC) No 1049/2001.
Complete disclosure of the documents is prevented by the exception concerning the
protection of privacy and the integrity of the individual outlined in Article 4(1)(b) of
Regulation (EC) No 1049/2001. In particular, these documents contain the names and
CVs of individuals.
Article 9(1)(b) of the Data Protection Regulation6 does not allow the transmission of
these personal data, except if you prove that it is necessary to have the data transmitted to
you for a specific purpose in the public interest and where there is no reason to assume
that the legitimate interests of the data subject might be prejudiced. In your request, you
do not express any particular interest to have access to these personal data, nor do you
put forward any arguments to establish the necessity to have the data transmitted for a
specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has
not been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data
Means of Redress
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 its 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:
5 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents, Official Journal L 145 of 31
May 2001, p. 43.
6 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
Transparency, Document Management & Access to Documents (SG.C.1)
or by email to: email@example.com
Head of Unit
List of documents
Electronically signed on 23/07/2020 17:24 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563