Demande d'information sur la coopération Tunisie/UE sur la migration
To whom it may concern,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
Minutes of any meetings between the EU Commission (Trust Fund Manager) and the Tunisian government in regards to the EU Support to Border Management Institutions in Tunisia
Any internal or external communication including internal and external emails (including but not limited to protocols, minutes or any other written notes) related to supporting the main Tunisian border agencies and strengthening their training capacity in border management through the EU Support to Border Management Institutions in Tunisia
Any agreements, tenders and awarded contracts for the training of Tunisian border agencies made through the EU Support to Border Management Institutions in Tunisia, including the names of each one and outlining the training capacity and agencies.
Any reports or reviews that have resulted from the focus on human rights in the training and coaching programme under the EU Support to Border Management Institutions in Tunisia
Any independent monitoring reviews that have resulted from the additional project monitoring undertaken by the Commission that have taken place so far in relation to the EU Support to Border Management Institutions in Tunisia
Any reports or reviews that have resulted from do-no-harm and human rights compliance assessments carried out by the independent third-party monitoring set up as part of the oversight mechanism to effectively monitor and gain regular feedbacks on the implementation of contracts under the EU Support to Border Management Institutions in Tunisia
Any reports that have resulted from mid-term, final or ex post evaluations carried out for the EU Support to Border Management Institutions in Tunisia
Best regards,
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 22/12/2023 and registered on 03/01/2024 under case number 2024/0023.
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,
My address is "16 bis rue du Docteur Alphonse Laveran, 1002 Tunis - Tunisia"
Yours faithfully,
Haifa Mz
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 22/12/2023 and registered on 12/01/2024 under the case number
2024/0023.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 02/02/2024. 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...
Dear Mr Haifa,
Please find attached a message concerning your requests for access to
Commission documents registered under the above case numbers 2024/0021 and
2024/0023.
Kind regards,
NEAR ACCDOC Team
Dear Mr Haifa,
Please find attached a message concerning your requests for access to
Commission documents registered under the above case numbers 2024/0021 and
2024/0023.
Kind regards,
NEAR ACCDOC Team
Dear Mr Haifa,
We are writing concerning your request for access to Commission documents
registered on 12 January 2024 under case number EASE 2024/0023.
This is a gentle reminder to reply to the clarification request we sent
you on 31 January 2024 at your earliest convenience and no later than 20
March 2024 (within 5 working days).
Thank you.
Yours sincerely,
NEAR ACCDOC Team
Dear Mr Haifa,
We are writing concerning your request for access to Commission documents
registered on 12 January 2024, under case number EASE 2024/0023.
We sent you an email on the 31 January 2024, asking for clarification on
the scope of your request and a reminder on the 13 March 2024.
If you still wish to receive a reply to your request, we invite you to
reply to our clarification request no later than 20 March 2024.
Thank you.
Yours sincerely,
NEAR ACCDOC Team
Dear Mr Haifa,
We are writing concerning your request for access to Commission documents
registered on 12 January 2024 under case number EASE 2024/0023.
On 31 January we asked you to clarify the scope of your request since it
was not clear. We sent you reminders about our coomunication on 13 March
and 15 March.
Since you have not replied to our clarification request, despite our
reminders, we could not start handling it and we have closed this case.
Kind regards,
NEAR ACCDOC Team