Luisa Izuzquiza

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:

For the period from Wednesday 14 March 2018 to date:

All correspondence – including, but not limited to, letters, e-mails, and any attachments – in regards, related to, or mentioning
- NGO Proactiva Open Arms;
- the seizure of the vessel "Open Arms"; and/or
- the criminal investigation opened by the Catania Public Prosecutor’s Office

exchanged between DG HOME and representatives of any of the following authorities:
- the Catania Public Prosecutor’s Office;
- the Italian Ministry of Interior;
- the Spanish Ministry of Foreign Affairs;
- the Barcelona City Hall;
- the European External Action Service;
- the European Border and Coast Guard Agency.

I would also like to request a phone log of all telephone conversations between DG HOME and representatives of any of the above-mentioned authorities to discuss any of the three above-mentioned issues.

Finally, I would like to request all internal correspondence (i.e.: between DG HOME representatives) regarding, related to, or mentioning any of the three above-mentioned issues.

Please do not hesitate to contact me if you need any clarification in regards to any aspect of my request.

Thank you in advance.

Yours faithfully,

Luisa Izuzquiza

EC ARES NOREPLY,

[1]Ares(2018)1673535 - access to documents request - Correspondence
regarding Proactiva Open Arms

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 Mr. / Mrs,

Thank you for your request for access to documents.

Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.

You may, of course, use directly the electronic form for entering your
request:
[2]http://ec.europa.eu/transparency/regdoc/...

Best regards,

European Commission
DG Migration and Home Affairs
Access to Documents Team

Afficher les sections citées

Luisa Izuzquiza

Dear Migration and Home Affairs,

I believe the European Commission already has my postal address. I will nonetheless provide it here, again:

Luisa Izuzquiza
Calle Cava San Miguel 8, 4º centro
28005 Madrid
Spain

I'd also like to recall that there are no valid procedural requirements that allow an institution to refuse registration of an access to documents request pending the provision of a postal address. I refer you to the Decision of the Ombudsman in in case 682/2014/JF: https://www.ombudsman.europa.eu/cases/de...

Yours faithfully,

Luisa Izuzquiza

EC ARES NOREPLY,

[1]Ares(2018)1707659 - your access to documents request - ref gestdem
2018/1826

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 Sir / Madam,

Thank you for your e-mail dated 20/03/2018.  We hereby acknowledge receipt
of your application for access to documents, which was registered under
reference number GestDem 2018/1826.

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
23/04/2018. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.

In your e-mail of 27/03/2018 you have mentioned: "I'd also like to recall
that there are no valid procedural requirements that allow an institution
to refuse registration of an access to documents request pending the
provision of a postal address."

With respect to your concerns regarding the provision of a postal address
(copied above), please find our explanations below.
 
On 1 April 2014, the postal address became a mandatory feature for the
purpose of introducing a request for access to documents.
 
The decision to ask for a postal address from applicants for access to
documents was triggered by the following considerations:

•       The need to obtain legal certainty as regards the date of receipt
of the reply by the applicant under Regulation 1049/2001. Indeed, as
foreseen by Article 297 of the Treaty on the Functioning of the European
Union (TFEU), […] 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. Replies triggering the possibility for
administrative or judicial redress are therefore transmitted via
registered mail with acknowledgement of receipt. This requires an
indication of a valid postal address by the applicant;

•       The need to direct the Commission's scarce resources first of all
to those requests which have been filed by "real" applicants. With only a
compulsory indication of an e-mail address, applicants can easily
introduce requests under an invented identity or under the identity of a
third person. Asking for a postal address helps the Commission to protect
the administration, as well as other citizens and legal persons, from
abuse;

•       For similar reasons, asking for a compulsory indication of a
postal address enables the Commission services to verify whether Article
6(3) of the Regulation, on voluminous requests, is being evaded by
introducing several requests under different identities. Indeed, in its
Ryanair judgment, the General Court confirmed that Article 6(3) cannot be
evaded by splitting the application into a number of applications. The
Commission would like to point out that, in 2012/2013, it received some 57
confirmatory requests from what it suspects to be one single applicant
operating under 13 different identities;

All of these considerations show that the request for and the consequent
processing of a 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 (a) of Data Protection Regulation 45/2001,
namely providing a smooth and effective access to documents.

Yours faithfully,

European Commission
DG Migration and Home Affairs
Access to Documents Team

Afficher les sections citées

Dear Migration and Home Affairs,

This request is now long overdue and the time limit established by Regulation 1049/2001 for DG HOME to respond has now expired. Is DG HOME planning to answer within the coming days?

Thank you in advance.

Luisa Izuzquiza

EC ARES NOREPLY,

2 Attachments

[1]Ares(2018)2075706 - RE: access to documents request - Correspondence
regarding Proactiva Open Arms - gestdem 2018/1826

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,
Thanks for your mail.
We acknowledged receipt and registered on 28/03 your request dated 20/03
(Ref. Ares(2018)1707659 - 28/03/2018, attached), indicating to you that
your application will be handled within 15 working days and that the time
limit will expire on 23/04/2018.
Yesterday, we sent you a holding reply (Ref. Ares(2018)2033448 -
17/04/2018 - attached) indicating to you that 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 18/05/2018.
Yours sincerely,

HOME Access to Documents team
European Commission
DG Home Affairs and Migration

Afficher les sections citées

EC ARES NOREPLY,

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

[4]Ares(2018)2600197 - Access to documents request - Correspondence
regarding Proactiva Open Arms - gestdem 2018/1826 - unexpected
prolongation of deadline

Sent by ve_home.c.1 (HOME) <[email address]>. All
responses have to be sent to this email address.
Envoyé par ve_home.c.1 (HOME) <[email address]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Izuzquiza,

We acknowledged receipt and registered on 28/03 your request dated 20/03
(Ref. Ares(2018)1707659), indicating to you that your application will be
handled within 15 working days and that the time limit will expire on
23/04/2018.

On 17/04, we sent you a first reply (Ref. Ares(2018)2033448), indicating
to you that we had 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 today, on
18/05/2018.

 

We would like to inform you that your application is currently being
finalised but, regrettably, the Commission will not be in a position to
complete its handling today. Therefore, we will send you the final reply
in the very next days, as soon as finalised. We apologise for this
unexpected prolongation of deadline, which was due to a technical problem.
 

 

Yours sincerely,

HOME Access to Documents team
European Commission
DG Home Affairs and Migration

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3EEA1.FBA0EF90
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/ext/doc...

Luisa Izuzquiza

Dear Migration and Home Affairs,

The deadline for a response to my request is now long overdue. Could you please inform me on whether the answer to my application has been finalised yet, and when will I receive it?

Thank you in advance.

Luisa Izuzquiza

Migration et affaires intérieures

15 Attachments

Dear Ms. Izuzquiza,

 

Please find attached the reply to your access to document GestDem n°
2018/1826, signed by the Head of Unit Mr. Dragos TUDORACHE.

We apologise for this delay since the reply was sent on 25 May 2018 but
unfortunately to a wrong e-mail address.

 

Thank you for your understanding.

 

Best regards,

 

Home Notifications C1

 

[1]cid:image001.png@01D0421E.58AE1480

European Commission

DG Migration and Home Affairs

HOME.C1: Irregular Migration and Return policy

LX46 02/023

B-1049 Brussels/Belgium

[2]http://ec.europa.eu/home-affairs

 

 

 

 

From: HOME NOTIFICATIONS C1
Sent: Friday, May 25, 2018 5:39 PM
To: '[email address]'
<[email address]>
Cc: HOME ACCESS DOCUMENTS <[DG HOME request email]>
Subject: Reply to Access to documents request - Correspondence regarding
Proactiva Open Arms - GestDem 2018/1826

 

Dear Ms. Izuzquiza,

 

Please find attached the reply to your access to document GestDem
2018/1826, signed by the Head of Unit Mr. Dragos TUDORACHE.

 

Best regards,

 

Home Notifications C1

 

[3]cid:image001.png@01D0421E.58AE1480

European Commission

DG Migration and Home Affairs

HOME.C1: Irregular Migration and Return policy

LX46 02/023

B-1049 Brussels/Belgium

[4]http://ec.europa.eu/home-affairs

 

 

References

Visible links
2. http://ec.europa.eu/home-affairs
4. http://ec.europa.eu/home-affairs