ISF Supported Projects in Third Countries
Dear Migration and Home Affairs,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001,
We are requesting documents in relation to the implementation of the EU Regulations No. 514/2014 (laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management) and the EU Regulation No. 515/2014 (establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa).
Article 55(7) of the EU Reg. No 514/2014 establishes that the Commission shall pay particular attention to the monitoring and evaluation of actions and programmes related to third countries, in accordance with Article 8.
The Interim Evaluation of the Internal Security Fund - Borders and Visa 2014-2017 (SWD(2018) 340 final) states that some Member States have declared to have implemented projects related to third countries, but the evaluation does not provide any further detail/further information on such projects.
However, we would expect that the European Commission has more information about such projects in order to fulfil its obligation set up by article 55(7) of the EU Reg. No 514/2014.
Based on the above considerations, we expect the Commission to have in its possession documents which fall within the scope of our request, namely:
1. A record of actions/projects implemented in, or in relation to a third country that received funding from the ISF-Borders and VISA, including information on the amount the EU contributed to the project, the beneficiaries and the project number. We are particularly interested in actions that have supported the implementation of the Seahorse Network.
2. Any documents produced by the European Commission for the purpose of “paying particular attention to the monitoring and evaluation of actions and programmes related to third countries, in accordance with Article 8” - therefore implementing the obligation set up by article 55(7) of the EU Reg. No 514/2014, besides the information already included in the interim evaluation report, which is already publicly available.
We remain available for any question or clarification you might have in relation to our request.
Thank you in advance.
Yours faithfully,
Estela Casajuana & Giulia Crescini
Dear Migration and Home Affairs,
I forgot to add my postal address to the request. Please find it below:
Radarweg 505
1043NZ Amsterdam
The Netherlands
Yours faithfully,
Estela Casajuana
[1]Ares(2019)1577245 - your access to documents request - ref GestDem
2019/1350
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 Madams,
Thank you for your e-mail dated 5/03/2019. We hereby acknowledge receipt
of your application for access to documents, which was registered under
reference number GestDem 2019/1350.
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
29/03/2019. 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 third-party 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.
Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the European Commission. For further information
on your rights, please refer to the third party’s privacy policy.
We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European Commission (e.g. your private postal
address).
Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.
If you do not wish your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.
Yours faithfully,
European Commission
DG Migration and Home Affairs
Access to Documents Team
[1]Ares(2019)2153791 - RE: access to documents request - gestdem 2019/1350
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,
We refer to your e-mail dated 5/03/2019 in which you make a request for
access to documents, registered 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 29/03/2019.
An extended time limit is needed as your application concerns documents
held by different Services which must be 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 24/04/2019.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
European Commission
DG Migration and Home Affairs
Access to Documents Team
Dear Migration and Home Affairs,
The response to my request is now long overdue. According to law, you should have responded by now. On 5 March you acknowledge receipt of my application for access to documents, which was registered on 5/03/2019 under reference number GestDem 2019/1240. On 27 March - after the initial 15 days for replying were already expired - you communicated that it was not possible to handle my application within the time limit of 15 working days, and therefore extended the time limit until 29/03/2019.
I therefore expect that my FOI request will now be completed within days, preferably by 24 April 2019. I also expect that in your reply you explain the reasons for the delay.
Yours faithfully,
Estela Casajuana
Yours sincerely,
Estela Casajuana
Please find attached document Ares(2019)3202049 from MICHOU Paraskevi
(HOME) dated 15/05/2019.
Veuillez trouver ci-joint le document Ares(2019)3202049 de MICHOU
Paraskevi (HOME) daté du 15/05/2019.
Dear Secretary-General of the European Commission,
We are hereby submitting a confirmatory application, as set out in Article 7(2) of Regulation (EC) No 1049/2001, concerning our application for access to documents with reference number 2019/1350.
We would like to request that the EC reconsiders its position on the basis that the institution has not given any reasons with regards to the second point of our application.
According to consistent case-law, EU institutions have an obligation to give clear and unequivocal reasons for a decision so as to enable the persons concerned to ascertain the reasons for the decision in order to protect their rights (see for example Case T-188/98, Kuijer v Council). In its response, the Commission only refers clearly to the first point of our application – as it mentions ‘records of actions/projects’ in the second paragraph –, but it does not refer at all to the second point.
Consequently, we request the Commission to show that it has carried out a concrete assessment regarding the second point of our request and that supports its assessment with clear and unequivocal reasons, so as to enable us to protect our right to public access to documents.
When reconsidering its position, we expect that the Commission ensures the fullest possible effect to the right of public access to documents, in line with the intent of recital 4 and Article 1 of the Regulation (EC) No 1049/2001 and well recognized by the ECJ (see judgments Commission v Stichting Greenpeace Nederland and PAN Europe, paragraph 52 and the case-law cited; and ClientEarth v Commission, paragraph 98).
In accordance with Article 8 of Regulation (EC) 1049/2001, we also expect that this confirmatory application is handled promptly.
A full history of the application and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/isf_...
Please do not hesitate to contact us if you have any questions in relation to our confirmatory application.
Yours faithfully,
Estela Casajuana & Giulia Crescini
[1]Ares(2019)3805155 - FW: Internal review of access to documents request
- ISF Supported Projects in Third Countries - 2019/1350
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 13/06/2019 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
HOME in reply to your initial application GESTDEM 2019/1350.
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 14/06/2019 (Ares(2019)3804986).
Your application will be handled within 15 working days (05/07/2019). 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 (RC)
SG.C.1
Transparency
Dear Madam,
Please find attached an advance copy of the confirmatory decision taken on
your request for access to documents registered under Gestdem number
2019/1350, adopted on 10/10/2019 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 (LC)
European Commission
Secretariat-General
SG C.1 – Transparency, Document Management & Access to Documents
[1][email address]
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