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 documents which pertain to the financial support of the United Nations Office on Drugs and Crime (UNODC) for the implementation of Niamey process (see: 'Commission implementing decision of 26.11.2021 on the financing of the components of the Thematic Facility under the Internal Security Fund and the adoption of the work programme for 2021 and 2022'):

- 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 annual perfomance report, which should have been submitted by 15 February 2023
- any cumulative data electronically transmitted to the Commission for each programme by
31 January, 30 April, 31 July, 30 September, 30 November,
- the management declaration of the project
- the annual submission of accounts (which as been submitted by 15 October each year)
- if applicable, any delegated acts that have been adopted by the Commission in regard to
the programme

Many thanks for the swift processing of the 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 2023/4545.

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 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 2023/4545.

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/...

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,

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
2023/4545.

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...

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 2023/4545.

Kind regards,

Leonie Felicitas Jegen

Dear Migration and Home Affairs,

many thanks for your message. Please kindly find my clarification below:

- If applicable, any reasoned request for a potential amendment to the programme - in line with Article 24 (1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council on 24 June 2021, which states: "The Member States may submit a reasoned request for an amendment of a programme, together with the amended programme, setting out the expected impact of that amemnment on the achievement of the objectives"

- If applicable, any delegated acts that have been adopted by the Commission in regard
to the programme - in line with Article (2) of Regulation (EU) 2021/114 of the European Parliament and of the Council of 7 July 2021, which states: "The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annex V in order to make the necessary adjustments to the core performance indicators listed in that Annex."

Yours faithfully,

Leonie Felicitas Jegen

Leonie Felicitas Jegen

Dear Migration and Home Affairs,

please kindly find the final clarification that I have overseen in my previous email,

- The programme forming the base of the project as submitted to the Commission, in line with Article 21 (2) of Regulation (EU) 2021/1060, which states: "Member States shall submit programmes to the Commission no later than 3 months after the submission of the Partnership Agreement. For the AMIF, the ISF and the BMVI, Member States shall submit programmes to the Commission no later than 3 months after the entry into force of this Regulation or the relevant fund-specific Regulation, whichever is later." I am therefore refering to the progamme fiche which lays the base of the project funded under ISF, which should, in accordance with Article 21 (3) have been drafted in line with the template set out in Annex V of the said Regulation.

Many thanks for your kind consideration.

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 2023/4545.

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 EASE
2023/4545.

 

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 2023/4545.

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 financial support to the UNODC for the implementation of the Niamey process is not provided under shared management in the Member States’ programmes, but under direct management via
call for proposals.

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

- 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 thanking you for your consideration.

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
2023/4545, 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 Sir or Madam,

We hereby acknowledge the receipt of your confirmatory request for case
2023/4545, 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 2023/4545. 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

Leonie Felicitas Jegen

Dear Migration and Home Affairs,

The response to my request is long overdue. By law, under all circumstances, the authority should have responded by now.

I am waiting for a swift follow up.

Yours faithfully,

Leonie Felicitas Jegen

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

Dear applicant,

We are writing to you concerning your confirmatory request for access to
Commission documents for case 2023/4545, 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 ACCES DOCUMENTS, Migración e Interior

[1]access to documents request - ISF funding to the Niamey Declaration -
Ares(2023)7584215  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Ms Jegen,

We acknowledge receipt of your email of 30/10/2023 concerning your
confirmatory request for access to Commission documents in case 2023/4545.

Please note that, while we are doing our best to handle your cases within
the deadlines provided by the Regulation, delays are due to the very high
volume of requests currently reaching our services.

We would like to reassure you that we are doing our utmost to provide you
with a reply to your confirmatory applications as soon as possible.

We apologise again for the inconvenience this may cause.

Kind regards,

SG.C1 - Access to Documents team - cr

mostrar partes citadas

Dear SG ACCES DOCUMENTS,

the response to my request is far beyond the deadline and I consider requesting an internal review.
Could you please let me know when I can expect a conclusive answer?

Many thanks.
Yours sincerely,

Leonie Felicitas Jegen

Sg-Acc-Doc@ec.europa.eu, 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

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

SG ACCES DOCUMENTS, Migración e Interior

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]RE: access to documents request - ISF funding to the Niamey Declaration
- Ares(2023)7584215 - Ares(2023)7962977  (Please use this link only if you
are an Ares user – Svp, utilisez ce lien exclusivement si vous êtes un(e)
utilisateur d’Ares)

Dear Ms Jegen,

 

Thank you for your email.

 

Please note that a decision regarding cases 2023/4545 and 2023/4547 has
been sent to you on 13 November 2023. The e-mail address used for the
communication corresponds to the email address indicated in your
application registered under case number 2023/4547.

 

On 14 November 2023 and 15 November 2023, you were contacted again to
confirm the receipt of the decision by return email. As we did not receive
a confirmation, the decision was additionally sent by mail to the postal
address provided by you.

 

For the sake of completeness, we also refer you to the platform through
which your request was submitted, where all correspondence related to your
case is published:
[5]https://www.asktheeu.org/en/request/info...

 

Please kindly confirm the receipt of the decision.

 

Best regards,

SG.C.1 - Access to documents team

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01DA1D60.1A4ED1D0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
5. https://www.asktheeu.org/en/request/info...