Correspondence between DG HOME and National Authorities on the Implementation of EES and its Affect on Wait Times for Third-Country Nationals
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 any and all documentation which contains the following:
- Correspondence (including emails and messaging logs) between DG HOME and relevant national ministries in Portugal, Greece, Spain, Italy, Belgium and France (including, but not limited to, the Portugese Ministry of Internal Administration; the Greek Ministry of Citizen Protection; the Spanish Ministerio del Interior; the Italian Ministero dell'Interno; the Belgian SPF Intérieur; and the French Ministère de l'Intérieur); regarding the technical readiness, staffing requirements, projections for passenger numbers and wait times in light of the introduction of EES, and regarding the actual impact of the introduction of EES, either at a national level, or at the following border crossing points, between January 2024 and the present:
Lisbon Airport (LIS) (Portugal); Porto Airport (OPO) (Portugal); Faro Airport (FAO) (Portugal); Athens International Airport (ATH) (Greece); Kipi Border Crossing (Greece); Madrid-Barajas Airport (MAD) (Spain); Barcelona-El Prat Airport (BCN) (Spain); Leonardo da Vinci–Fiumicino Airport (FCO) (Italy); Milan Malpensa Airport (MXP) (Italy); Venice Marco Polo Airport (VCE); Brussels Airport (BRU) (Belgium); Brussels-South (Midi) Station (Belgium); Paris-Charles de Gaulle Airport (CDG) (France); Port of Calais (France); Eurotunnel Terminal (Coquelles) (France).
- Minutes of all meetings and internal briefing notes produced by DG HOME concerning 'contingency planning' for passenger bottlenecks specifically related to the rollout of the Entry/Exit System
- The most recent correspondence, including any 'Impact Assessments' or similar produced by DG HOME regarding the average increase in processing time/Third-Country National (TCN) following the introduction of mandatory biometric capture requirements.
- Any 'Member State Reports' or similar submitted by to DG HOME regarding the 'Manual Border Control' fallback procedures used when EES digital infrastructure experiences latency.
Yours faithfully,
Edward Rhys Jones
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 04/05/2026 and registered on 04/05/2026 under case number 2026/2307.
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/...
Dear Migration and Home Affairs,
Please be advised that my postal address is:
Worcester College, Walton St., Oxford OX1 2HB, United Kingdom.
Yours faithfully,
Edward Jones
[1]RE: access to documents request - Correspondence between DG HOME and
National Authorities on the Implementation of EES and its Affect on Wait
Times for Third-Country Nationals - Ares(2026)4551922 (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 Sir,
Thank you for providing your postal address. We note that you are based in
a country outside the European Union.
In accordance with Article 2(1) and (2) of Regulation (EC) No 1049/2001,
read in conjunction with Article 1 of the European Commission’s Detailed
rules for the application of Regulation (EC) No 1049/2001, only citizens
of the Union and natural or legal persons residing or having their
registered office in a Member State have the right to access Commission
documents.
The information that you have provided so far is not sufficient to
establish whether you fulfil this eligibility condition:
- If you are an EU citizen living outside the EU and have submitted
your application in your personal capacity, please confirm this by
responding to this email with the following text and undersigned with your
name:
I confirm that I have the citizenship of one of the EU Member States and
that I have submitted this application in my personal capacity. I declare
on my honour that all the data provided is accurate and truthful. If
required I stand ready to provide sufficient proof of my nationality
and/or residence. I understand that false declarations may lead to legal
consequences.
- (1) If you are not an EU citizen OR (2) if you have submitted your
application on behalf of a legal person not having a registered office in
one of the Member States, unfortunately the Commission cannot handle your
application and it will be closed in due course.
We would appreciate it if you could provide us with the necessary
clarifications in this respect within 5 working days. In the absence of a
reply from your part within this deadline, we will close your request.
Thank you for your understanding.
Kind regards,
HOME Access to documents team
Dear HOME ACCESS DOCUMENTS,
While I note your reliance on Article 2(1) of Regulation 1049/2001, please may I draw your attention to Article 2(2), which grants the Commission the discretion to provide access to non-residents. Given that EES is a policy that exclusively impacts third-country nationals, a refusal to grant access to a third-country national on residency grounds creates a 'transparency vacuum' where the primary subjects of a policy are - paradoxically - legally barred from scrutinising it.
I therefore request that you exercise your discretion under Article 2(2) in the interest of international administrative cooperation
Yours faithfully,
Edward Jones
[1]RE: access to documents request - Correspondence between DG HOME and
National Authorities on the Implementation of EES and its Affect on Wait
Times for Third-Country Nationals - Ares(2026)4551922 - Ares(2026)4603659
(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 Sir,
We are writing regarding your request for access to European Commission
documents registered under case number EASE 2026/2307
In accordance with Article 2(1) and (2) of Regulation (EC) No 1049/2001 ,
read in conjunction with Article 1 of the European Commission’s Detailed
rules for the application of Regulation (EC) No 1049/2001 , only citizens
of the Union and natural or legal persons residing or having their
registered office in a Member State have the right to access to Commission
documents. According to the information that you have provided, you do not
fulfil this condition. As a result, we regret to inform you thatwe cannot
handle your application.
Kind regards,
HOME Access to documents team