Leonie Felicitas Jegen

Dear Migration and Home Affairs,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting the following documents which pertain to the second phase of EU support to NETCOP granted in April 2023:

- the programme forming the base of the project as submitted to the Comission
- if applicable, any reasoned request for a potential amendment to the programme
- the management declaration of the project
- if applicable, any delegated acts that have been adopted by the Commission in regard to
the programme

Many thanks for the swift processing of my request.

Yours sincerely,

Leonie Felicitas Jegen

HOME-ACCESS-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 28/07/2023 and registered on 31/07/2023 under case number 2023/4547.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

Directorate-General for Migration and Home Affairs - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

HOME-ACCESS-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 28/07/2023 and registered on 31/07/2023 under the case number
2023/4547.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 22/08/2023. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

Directorate-General for Migration and Home Affairs - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Leonie Felicitas Jegen

Dear Migration and Home Affairs,

many thanks for your mail. Please kindly find my address below:

Leonie Felicitas Jegen
Postbus 15578
1001 NB Amsterdam
The Netherlands

Yours faithfully,

Leonie Felicitas Jegen

HOME-ACCESS-DOCUMENTS@ec.europa.eu,

1 Adjuntos

Hello,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4547.

Kind regards,

Leonie Felicitas Jegen

Dear Migration and Home Affairs,

You have written me the following on August 2:

"We are not able to identify any document based on the description given in your request
concerning Net.cop funding phase II 2023. In line with Article 6(2) of Regulation (EC) No 1049/2001 regarding public access to documents, we invite you to send us more detailed information on the documents you request, such as references, dates or periods during which the documents would have been drawn up, persons
or bodies who drafted the documents etc"

First of all, more information pertaining to the project:

The Communication from the Council Presidency to the Council Working Party on External Aspects of Asylum and Migration (EMWP) on the Migratory situation in Senegal and Gambia of 14 July 24 (number 11441/23) - available online - states: "NETCOP, where a second phase of EU support through the Internal Security Fund was granted in April 2023 to support the fight against migrant smuggling, border management and related practices" Equally, the annual operative plan for 2023 of FIIAP - available online -states that NETCOP has been extended from 28.02.2023 to 31.05.2023. The said project has so far been implemented by CIVIPOL and FIIAP (hence both France and Spain) and the project seems to be continued under ISF funding until at least 31.05.2023

Based on this, I clarifying the information which I am requesting:

> "the programme forming the base of the project as submitted to the Commission": as referred to in Article 21 (2) of Regulation (EU) 2021/1060

> "if applicable, any reasoned request for a potential amendment to the programme":- as referred to in Article 24 (2) of Regulation (EU) 2021/1060

> "the management declaration of the project": as referred to in Article 74 (1) f of Regulation (EU) 2021/1060

>"if applicable, any delegated acts that have been adopted by the Commission in regard to
the programme"- as referred to in Article 27 (2) of Regulation (EU) 2021/1149

As well as any other meeting minutes, and/or official decisions which were documented to go along with the decision to prolong the NETCOP project.

Many thanks for your kind consideration.

Yours faithfully,

Leonie Felicitas Jegen

Leonie Felicitas Jegen

Dear Migration and Home Affairs,

to add onto my previous mail, please also kindly find the project id here 101102401

For more information see: https://ec.europa.eu/info/funding-tender...

Yours faithfully,

Leonie Felicitas Jegen

HOME-ACCESS-DOCUMENTS@ec.europa.eu,

Hello,

We are writing concerning your request for access to Commission documents
registered on 31 July 2023 under case number EASE 2023/4547.

We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring on 24 August 2023 as the application
involves different Services which must be consulted.

Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 14 September 2023.

We apologise for any inconvenience this may cause.

Kind regards,

HOME E.4

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...

HOME-NOTIFICATIONS-E4@ec.europa.eu, Migración e Interior

1 Adjuntos

Dear Ms Leonie Felicitas Jegen,

 

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4547

 

Kind regards,

 

HOME E4. Union Actions and Procurement

 

HOME-ACCESS-DOCUMENTS@ec.europa.eu,

1 Adjuntos

Hello,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4547.

Please acknowledge the receipt of this message by return email.
Kind regards,

Dear Migration and Home Affairs,

In accordance with Article 7(2) of Regulation (EC) No 1049/2001, I am making a confirmatory application requesting the Commission to review this position.

In your reply the handing authority mentions that the documents I requested under Regulation (EU) 2021/1060 are not available as the However, project NETCOP II (10110241)
is not funded by Member States’ programmes under shared management, but via call for
proposals under direct management.

Direct management projects have to comply with the financial regulation 2018/1046 which lies out that the following documents have to be provided :

- public availble information on reciepts of funds [Article 38 (1)] which lies out among others the amount legally committed [Article 38 (2) c], hence I would like to receive information how much money was given to the UNODC's implementation of the Niamey Process
- If the amount exceeds EUR 750 000 or an operating grant which exceeds EUR 100 000, in accordance with Article 196, 1 (d) an audit report produced by an approved external auditor, where it is available, and always in cases where a statutory audit is required by Union or national law, certifying the accounts for up to the last three available financial years.
- In accordance with Article 201 (1 - 2) I also request access to the grant agreement including all elements layed out in Article 201 (2)

I am therefore requesting these documents.

Yours faithfully,

Leonie Felicitas Jegen

sg-acc-doc@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2023/4547, sent on 20/09/2023 and registered on 22/09/2023.

We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 13/10/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.

Yours faithfully,

Secretariat-General - Access to Documents
European Commission

sg-acc-doc@ec.europa.eu,

Dear applicant,

We are writing concerning your request for access to Commission documents
registered on 22/09/2023 under case number 2023/4547. We are currently
working on your request. However, we have not yet been able to gather all
the elements necessary to carry out a full analysis of your request. Due
to the need to conduct internal consultations we will not be able to send
you the reply within the prescribed time limit expiring on 13/10/2023.

Therefore, in line with Article 7(3) of Regulation (EC) No 1049/2001, we
need to extend this time limit by 15 additional working days. The new time
limit expires on 07/11/2023.

We apologise for any inconvenience this may cause.

Yours sincerely,

SG.C1 - Transparency, Document Management and Access to Documents

sg-acc-doc@ec.europa.eu,

Dear applicant,

We are writing to you concerning your confirmatory request for access to
Commission documents for case 2023/4547, registered on 22/09/2023.

On 12/10/2023, we extended the time-limit for replying to your
confirmatory request to 7/11/2023.

Unfortunately, as internal consultations are still ongoing, we will not be
able to send you the reply within this extended time limit.

However, we assure you that we are doing our best to send a reply to your
confirmatory request as soon as possible.

We regret this additional delay and sincerely apologize for any
inconvenience this may cause.

Kind regards,

SG.C1 - Access to Documents team

SG-GREFFE-CERTIFICATION@ec.europa.eu, Migración e Interior

2 Adjuntos

Dear Mr. Leonie Felicitas Jegen,

 

Please find attached the electronic version of Commission Decision C(2023)
7790 as adopted by the European Commission on 12.11.2023.

 

The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.

 

Could you please confirm receipt of the attached document by return
e-mail?

 

Many thanks in advance.

 

Kind regards,

 

Eduard GRIGORAȘ

 

European Commission

General Secretariat of the Commission – SG – B-2

Written, Empowerment and Delegation procedures

 

BERL 05 / P071

B-1049 Brussels / Belgium

Desk: +32 2 29 87 893

Mobile: +32 485 178 302

[1][email address]

 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Migración e Interior

1 Adjuntos

Dear Mr. Leonie Felicitas Jegen,

 

Unless we are mistaken, and after checking our records, we have not
received your confirmation regarding the message below.

 

Could you please check and confirm the receipt of the message as well as
the attached documents?

 

Many thanks in advance for your help.

 

Kind
regards,                                                                                

 

Eduard GRIGORAȘ

 

European Commission

General Secretariat of the Commission – SG – B-2

Written, Empowerment and Delegation procedures

 

BERL 05 / P071

B-1049 Brussels / Belgium

Desk: +32 2 29 87 893

Mobile: +32 485 178 302

[1][email address]

 

 

 

From: SG GREFFE CERTIFICATION
Sent: Monday, November 13, 2023 12:10 PM
To: '[FOI #13320 email]'
<[FOI #13320 email]>
Cc: SG GREFFE CERTIFICATION <[email address]>;
GRIGORAS Eduard (SG) <[email address]>; BEVIERE Chantal (SG)
<[email address]>
Subject: C(2023) 7790 - Leonie Felicitas Jegen

 

Dear Mr. Leonie Felicitas Jegen,

 

Please find attached the electronic version of Commission Decision C(2023)
7790 as adopted by the European Commission on 12.11.2023.

 

The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.

 

Could you please confirm receipt of the attached document by return
e-mail?

 

Many thanks in advance.

 

Kind regards,

 

Eduard GRIGORAȘ

 

European Commission

General Secretariat of the Commission – SG – B-2

Written, Empowerment and Delegation procedures

 

BERL 05 / P071

B-1049 Brussels / Belgium

Desk: +32 2 29 87 893

Mobile: +32 485 178 302

[2][email address]

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Migración e Interior

1 Adjuntos

Dear Mr. Leonie Felicitas Jegen,

 

Unless we are mistaken, and after checking our records, we have not
received your confirmation regarding the message below.

 

Could you please check and confirm the receipt of the message as well as
the attached documents?

 

Many thanks in advance for your help.

 

Kind regards,             

 

Eduard GRIGORAȘ

 

European Commission

General Secretariat of the Commission – SG – B-2

Written, Empowerment and Delegation procedures

 

BERL 05 / P071

B-1049 Brussels / Belgium

Desk: +32 2 29 87 893

Mobile: +32 485 178 302

[1][email address]

 

 

From: SG GREFFE CERTIFICATION
Sent: Tuesday, November 14, 2023 8:46 AM
To: '[FOI #13320 email]'
<[FOI #13320 email]>
Cc: SG GREFFE CERTIFICATION <[email address]>;
GRIGORAS Eduard (SG) <[email address]>; BEVIERE Chantal (SG)
<[email address]>
Subject: 1st reminder C(2023) 7790 - Leonie Felicitas Jegen

 

Dear Mr. Leonie Felicitas Jegen,

 

Unless we are mistaken, and after checking our records, we have not
received your confirmation regarding the message below.

 

Could you please check and confirm the receipt of the message as well as
the attached documents?

 

Many thanks in advance for your help.

 

Kind
regards,                                                                                

 

Eduard GRIGORAȘ

 

European Commission

General Secretariat of the Commission – SG – B-2

Written, Empowerment and Delegation procedures

 

BERL 05 / P071

B-1049 Brussels / Belgium

Desk: +32 2 29 87 893

Mobile: +32 485 178 302

[2][email address]

 

 

 

From: SG GREFFE CERTIFICATION
Sent: Monday, November 13, 2023 12:10 PM
To: '[FOI #13320 email]'
<[3][FOI #13320 email]>
Cc: SG GREFFE CERTIFICATION <[4][email address]>;
GRIGORAS Eduard (SG) <[5][email address]>; BEVIERE Chantal
(SG) <[6][email address]>
Subject: C(2023) 7790 - Leonie Felicitas Jegen

 

Dear Mr. Leonie Felicitas Jegen,

 

Please find attached the electronic version of Commission Decision C(2023)
7790 as adopted by the European Commission on 12.11.2023.

 

The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.

 

Could you please confirm receipt of the attached document by return
e-mail?

 

Many thanks in advance.

 

Kind regards,

 

Eduard GRIGORAȘ

 

European Commission

General Secretariat of the Commission – SG – B-2

Written, Empowerment and Delegation procedures

 

BERL 05 / P071

B-1049 Brussels / Belgium

Desk: +32 2 29 87 893

Mobile: +32 485 178 302

[7][email address]

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[FOI #13320 email]
4. mailto:[email address]
5. mailto:[email address]
6. mailto:[email address]
7. mailto:[email address]