EUROPEAN COMMISSION
Brussels, 6.8.2020
C(2020) 5544 final
Mr Erman Atak
Faculty of Arts & Social Sciences
Department of Political Science
Postbus/P.O. Box 616
6200 MD Maastricht
The Netherlands
DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE
IMPLEMENTING RULES TO REGULATION (EC) NO 1049/20011
Subject: Your confirmatory application for access to documents – GESTDEM
2020/1632
Dear Mr Atak,
I am writing in reference to your email of 16 June 2020, registered on 17 June 2020, by
which you lodge a confirmatory application in accordance with Article 7(2) of Regulation
(EC) No 1049/2001 regarding public access to European Parliament, Council and
Commission documents2 (hereafter ‘Regulation (EC) No 1049/2001’).
Through your initial application of 20 March 2020, you requested access to the following
documents for the period 20 June 2016 to 25 July 2017, I quote:ՙ
- a list of all meetings, regarding the crisis in Libya and its neighbourhood (including its
migration, humanitarian and Mediterranean search & rescue aspects) held by the
Humanitarian Aid and Civil Protection with NGOs. The list should include: date,
individuals attending and organisational affiliation, as well as the issues discussed;
- all minutes and other reports of these meetings;
- all correspondence, including attachments (i.e. any emails, correspondence or telephone
call notes) regarding these encounters. An example would be the invitation to attend these
meetings/events or any follow-up correspondence; and
1
Official Journal L 345, 29.12.2001, p. 94.
2
Official Journal L145, 31.05.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
- all documents prepared for the purpose of the meeting and/or exchanged during the course
of the meeting. An example would be the programmes for those events, lists of attendees, or
any documents NGOs might have prepared and distributed to attendees.’
Your initial application was attributed to the Directorate-General for European Civil
Protection and Humanitarian Aid Operations.
As you did not receive the reply from the Directorate-General for European Civil Protection
and Humanitarian Aid Operations within the statutory time limits, you submitted a
confirmatory application on 16 June 2020.
Having assessed your request, I can inform you that the Commission does not hold any
documents that would correspond to the description given in your application.
The meetings where the Directorate-General for European Civil Protection and
Humanitarian Aid Operations discusses Libya and which are held in the headquarters3 are
led by the European External Action Service, which is responsible for drafting the meeting
minutes. Also, most of the meetings on the ground (previously in Tripoli, today in Tunis)
are led by the European External Action Service or the UN Humanitarian Coordinator, who
are responsible for drafting the meeting minutes. You might consider submitting a request
for access to documents with these institutions.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as defined
in that regulation applies only to existing documents in the possession of the institution.
Given that the European Commission does not hold any such documents corresponding to
the description given in your application, it is not in a position to fulfil your request.
Finally, I draw your attention to the means of redress available against this decision. You
may either bring proceedings before the General Court or file a complaint with the
European Ombudsman under the conditions specified respectively in Articles 263 and 228
of the Treaty on the Functioning of the European Union.
Even though not directly related to documents requested in your initial application, I would
like to provide you information concerning the types of meetings organised by the
Directorate-General for European Civil Protection and Humanitarian Aid Operations and
where you can find more information on them. These meetings are of triple nature:
i.
annual/biannual presentations of the Humanitarian Plans on Libya and their eventual
revision/reinforcements. The Directorate-General for European Civil Protection and
Humanitarian Aid Operations holds specific meetings with the NGOs to inform them
about its financing decisions for humanitarian assistance in crisis areas
(Humanitarian Implementation Plans).
3 In this context, ‘headquarters’ refers to Brussels (as opposed to the meetings held on the ground in third
countries).
2
You can find more information on the Humanitarian Implementation Plans for Libya
on the following link:
https://ec.europa.eu/echo/sites/echo-site/files/hip_north_africa_2017_
modification_2_-_version_3.pdf
Information on the next consultations will be available on the following link:
https://ec.europa.eu/echo/funding-evaluations/funding-for-humanitarian-
aid/consultations-partners-financing-decisions_en
ii.
bilateral meetings linked to the set up and management of humanitarian projects. To
apply for EU humanitarian funding, organisations need to sign a partnership
agreement with the European Commission. More information on becoming a partner
can be found on the following link:
https://ec.europa.eu/echo/partnerships/humanitarian-partners_en
iii.
meetings linked to negotiation and information on humanitarian advocacy, access
and respect of International Humanitarian Law. You can find more information on
the following link:
https://ec.europa.eu/echo/what/humanitarian-aid/international-humanitarian-law_en
Furthermore, the European Commission's Directorate-General for European Civil Protection
and Humanitarian Aid Operations works in close partnership with a large number of
humanitarian organisations. With some of the biggest partners, it regularly engages in
'Strategic Dialogue' meetings. Strategic Dialogue meetings are held with UN partner
organisations (UN Refugee Agency, World Food Programme, UNICEF), International
organisations (International Committee of the Red Cross) and with VOICE (Voluntary
Organisations in Cooperation in Emergencies). You can find more information on
https://ec.europa.eu/echo/partnerships/relations/strategic-dialogues_en
Finally, if you wish to learn more about operations in Libya led by the Directorate-General
for European Civil Protection and Humanitarian Aid Operations, feel free to contact Ms
Patrice Lenormand via e-
mail xxxxxxx.xxxxxxxxx@xx.xxxxxx.xx or via phone on +32
229-94709.
Yours sincerely,
For the Commission
Ilze JUHANSONE
Secretary-General
3