No sabemos si la última respuesta a esta solicitud contiene información o no – si eres giulia crescini por favor abre una sesión y háznoslo saber.

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 documents which contain the following information concerning the activities that are being implemented by the International Organisation for Migration (IOM) within the project “Supporting protection and humanitarian repatriation and reintegration of vulnerable migrants in Libya”, which is funded through the EU Trust Fund.

In particular, I am requesting documents including the following information:

- number of individuals assisted through the project
- details on sex, age, movements and multi-sectoral needs of vulnerable migrants assisted
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding confidentiality (i.e. whether and how is the obligation to hide sensible data respected)
- number of interventions carried out throughout the implementation of the project
- number of monitoring reports drafted
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding the repatriation procedure from Libya to other countries, including the assessment of the voluntary nature of the repatriation (e.g. whether the information regarding the repatriation procedure are provided in any language that each beneficiary can understand; whether interpreters and/or mediators participate in the assessment; whether the will to participate in the procedure is expressed in written form; etc.)
- number of individuals repatriated
- statistics on the countries where individuals have been repatriated to
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding concrete safeguards in case of repatriation of unaccompanied minors (UAMs) or migrants with special medical needs
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding pre departure counseling interviews
- details on fit-to-travel checks
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding IOM’s involvement in the issuance and/or replacement of missing, lost or expired travel documents
- text of any agreements concluded by IOM with countries of destination of the repatriation procedure
- text of any protocols concluded by IOM with countries of destination of the repatriation procedure
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding IOM’s activities within the migrant’s country of origin, including its involvement in facilitating onward transportation to the final destination
- text of the Convention concluded by the European Commission with IOM
- text of any Protocols additional to the Convention concluded by the European Commission with IOM

Yours faithfully,
Giulia Crescini

Migración e Interior

1 Adjuntos

Dear Giulia Crescini,
Thank you for your e-mail dated 13/12/2018 where you provide your postal
address.  We hereby acknowledge receipt of your request for access to
documents, which was registered on 13/12/2018 under reference number
GestDem 2018/6744.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
15/01/2019. In case this time limit needs to be extended, you will be
informed in due course.
 
Best regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit C1 – Transparency, Document Management &
Access to Document
Office address BERL 05/315
+32 2 995 63 26
[1][email address]
 

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Dear Migration and Home Affairs,

I have received no answer to my request in the timeframe provided by Regulation (EC) No 1049/2001 regarding public access to European Parliament.
Accordingly, I am hereby asking for a prompt reply to my request.

Thank you.

Yours faithfully,

Giulia Crescini

Migración e Interior

Dear Ms. Crescini,

Thank you for your message.

As mentioned in the email sent to you on 13/12/2018, in accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application is handled within 15 working days. The time limit will expire on 15/01/2019. In case this time limit needs to be extended, you will be informed in due course.

Kind regards,

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents
[email address]

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Migración e Interior

1 Adjuntos

Dear Ms Crescini,

 

We refer to your request for access to documents, registered on 13/12/2018
under the above mentioned reference number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 15/01/2019.

An extended time limit is needed as part of the documents requested
originate from third parties which have been consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 05/02/2019.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,

 

[1]cid:image001.png@01D3F1C9.2C056D30

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[2][email address]

 

 

References

Visible links
2. mailto:[email address]

Migración e Interior

2 Adjuntos

Dear Ms Crescini,

 

Please find attached the reply to your request "Application for access to
documents - Ref. GestDem No 2018/6744”.

 

Best regards,

DG NEAR
 
European Commission
Directorate-General for Neighbourhood and Enlargement Negotiations
Unit R2 – Legal Issues
B-1049 Brussels/Belgium

 

Dear Migration and Home Affairs and DG NEAR,

RE: Confirmatory application to the response of DG NEAR of 4 February 2019 to Ref. GestDem No 2018/6744

I would be grateful if you could pass this on to the person who reviews confirmatory applications.

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting a confirmatory application of the access to documents request that I made concerning IOM activities in Libya (Ref. GestDem No 2018/6744).

Please find below the reasons why I am not satisfied with the response to my request.

1. Categories of requested documents

1.1 The documents and information that I asked for through the request Ref. GestDem No 2018/6744 fall under two different categories:

A. data, outcomes of data processing and statistics concerning the project “Supporting protection and humanitarian repatriation and reintegration of vulnerable migrants in Libya”.
B. documents that have already been drafted by IOM and/or other relevant parties, including guidelines, monitoring reports, conventions and protocols related to the project above.

1.2 Given the differences stressed above among the different kinds of documents that I have requested, I consider that your reply was extremely general and did not specifically address the reason why you consider that the documents that you identified as containing the requested information actually include such information.

2. Documents identified as containing the information I requested

2.1 You have identified as containing the information I requested the following documents:
A. 5th Quarterly report to the European Union, EU-IOM Joint Initiative on Migrant Protection and Reintegration: Libya, EU Emergency Trust Fund for Africa - North Africa window, 1 May 2018 - 31 July 2018.
B. PowerPoint presentation: Protecting vulnerable migrants and stabilising communities in Libya, EUTF-IOM Joint initiative for migrants’ protection and reintegration.

However, you did not specify which of the specific documents and/or information I requested are included in the documents mentioned under paras. 2.1.A and 2.1.B.

2.2. I am interested in understanding whether each of the documents or data I requested actually exists, in particular the documents falling under the category indicated under para. 1.1.B and the specific ground for the denial related to each specific document. In fact your refusal was not related to each specific document, thus it was not possible to evaluate the rationality of the denial.

2.3 You decided that access to the documents mentioned under paras. 2.1.A and 2.1.B could not be granted and invoked the exception to the right of access laid down in Article 4(1)(a), first indent (protection of the public interest as regards public security), of Regulation (EC) No 1049/2001.

First of all, I consider that the reason you indicated to motivate your decision is too generic. No specific details are given about how the disclosure of each of the documents and information I requested could concretely affect public security.

Secondly, provided that the disclosure of at least some of the information I requested might in fact jeopardise public security, I am not sure of how and why disclosing information that might regard past operations (i.e. those that might have already been concluded) or methods and tools used to safeguards the rights of the vulnerable migrants assisted would entail risks for public security.
Furthermore, I wonder how disclosing such information could possibly “harm the effectiveness of future border controls and fight against irregular migrations and would facilitate performance of illegal activities such as human trafficking”, as you wrote under para. 1 of your response dated 4 February 2019.

2. Partial access

2.1 You considered whether partial access could be granted to the documents that I requested, but this was deemed impossible as the sensitive elements were considered integral to such documents. However, I am not satisfied with this assessment.
In the case that full access to the relevant documents is still not considered possible, I am hereby requesting to be granted partial access to the documents, after the excerpts identified as containing the information requested have been extracted from the aforementioned documents and the sensitive elements have been obscured.

3. Public documents

3.1 In your reply to my access to documents request Ref. GestDem No 2018/6744, you included several public links, thanks to which I was able to access some of the information I was seeking. I refer in particular to the IOM DTM - Libya’s migrant report, Round 21, July - August 2018, available at this link: http://migrationjointinitiative.org/site....

The information I could obtain are related to the specific data I requested but they are not the data I specifically requested.

3.2 As regards the other documents you indicated, namely "Managing mixed migration flows in Libya through expanding protection space and supporting local socio-economic development", "Supporting protection and humanitarian repatriation and reintegration of vulnerable migrants in Libya" and related action fiches, I am afraid that these documents include information concerning the period before the implementation of the project, while they do not include details about which activities have actually been implemented and which objectives have eventually been reached.

For all the aforementioned reasons:

I am hereby requesting that your response to my request concerning IOM activities in Libya (Ref. GestDem No 2018/6744) be reviewed, with particular reference to the following documents and information on the:

- number of individuals assisted through the project
- details on sex, age, movements and multi-sectoral needs of vulnerable migrants assisted
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding confidentiality (i.e. whether and how is the obligation to hide sensible data respected)
- number of interventions carried out throughout the implementation of the project
- number of monitoring reports drafted
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding the repatriation procedure from Libya to other countries, including the assessment of the voluntary nature of the repatriation (e.g. whether the information regarding the repatriation procedure are provided in any language that each beneficiary can understand; whether interpreters and/or mediators participate in the assessment; whether the will to participate in the procedure is expressed in written form; etc.)
- number of individuals repatriated
- statistics on the countries where individuals have been repatriated to
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding concrete safeguards in case of repatriation of unaccompanied minors (UAMs) or migrants with special medical needs
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding pre-departure counselling interviews
- details on fit-to-travel checks
- IOM’s guidelines, implementation plans or documents (however named or referred to) regarding IOM’s activities within the migrant’s country of origin, including its involvement in facilitating onward transportation to the final destination

I look forward to hearing from you.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/iom_...

Yours faithfully,
Giulia Crescini

EC ARES NOREPLY,

[1]Ares(2019)1255575 - RE: Internal review of access to documents request
- IOM activities in Libya

Sent by ve_home.access.to.documents (HOME)
<[email address]>. All responses have to be sent to
this email address.
Envoyé par ve_home.access.to.documents (HOME)
<[email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Madam,

Please note that we have transferred your e-mail to DG NEAR, who is in
charge with your request.

Best regards,

European Commission
DG Migration and Home Affairs
Access to Documents Team

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EC ARES NOREPLY,

1 Adjuntos

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2019)1257190 - Your confirmatory application - GestDem 2018/6744

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Madam,

 

Thank you for your email dated 22/02/2019 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
NEAR in reply to your initial application GESTDEM 2018/6744.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 25/02/2019 (Ares(2019)1256595).

 

Your application will be handled within 15 working days (18/03/2019).  In
case this time limit needs to be extended, you will be informed in due
course.

 

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

 

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

 

Yours faithfully,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[7][email address]

 

 

 

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ve_sg.accessdoc (SG), Migración e Interior

1 Adjuntos

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2019)1723220 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2018/6744

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Ms Crescini,

I refer to your letter of 22 February 2019, registered on 25 February
2019, by which you submit a confirmatory application in accordance with
Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents[6]^^[1] ("Regulation
1049/2001").

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements we need to carry out
a full analysis of your request in order to take a final decision and,
therefore, we are not in a position to reply to your confirmatory request
within the prescribed time limit expiring 18 March 2019. Consequently, we
have to extend this period by another 15 working days in accordance with
Article 8(2) of Regulation 1049/2001. The new deadline expires on 8 April
2019.

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

[7]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

------------------------

[8][1]      Official Journal L 145 of 31.5.2001, p. 43.

References

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1. file:///tmp/cid:filelist.xml@01D4DB35.10021AB0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
6. file:///tmp/foiextract20190315-29683-zby7ly#_ftn1
8. file:///tmp/foiextract20190315-29683-zby7ly#_ftnref1

Dear Migration and Home Affairs,

I am writing to inform you that I have received no response to the request for internal review (confirmatory application), which was registered on 25/02/2019 (Ares(2019)1256595) and for which a deadline extension was asked, expiring on 8 April 2019. I would like to stress that this is in breach of the provisions of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, which state that applications are to be handled in 15 working days.

I would be grateful if you could inform me about the status of the internal review and/or any issues that might have arisen in handling it.

Thank you.

Yours faithfully,
Giulia Crescini

Migración e Interior

Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
 
 
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
 
 
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
 
 

References

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1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...

ve_sg.accessdoc (SG), Migración e Interior

[1]Ares(2019)2750538 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2018/6744

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Ms Crescini,

I would like to apologize for not having replied to you within the
statutory deadlines and for any inconvenience that this delay might have
caused you.

I can assure you that we are doing everything in our might to provide you
with the answer as soon as possible.

As you probably know, at the confirmatory stage, in case of third-party
documents, the European Commission needs to re-consult the third party.

We have been having multiple exchanges with the International Organization
for Migration over the past few weeks and this is the main reason why the
case is taking longer than expected.

We hope to be able to provide you soon with the reply. Please accept our
apologies once again.

Access to documents team - RC
SG.C.1
Transparency
Berl. 07/251

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Migración e Interior

5 Adjuntos

Dear Madam,

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2018/6744, adopted on 31/07/2019 in the above-mentioned
case.

Please note that the Secretariat General of the European Commission will
proceed with the formal notification of the decision in the coming days.

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

Yours faithfully,

ACCESS TO DOCUMENTS TEAM (GD)

 

[1]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[2][email address]

 

 

References

Visible links
2. mailto:[email address]

No sabemos si la última respuesta a esta solicitud contiene información o no – si eres giulia crescini por favor abre una sesión y háznoslo saber.