Dear Sir or Madam,
Thank you for your message.
The European Union Agency for Asylum (EUAA) endeavours to respond to all
messages, the content of which relates to matters which lie within its
legal mandate, and do so in a timely manner. Please bear in mind however
that due to the large volume of emails received by the INFO mailbox, there
may sometimes be a delay in processing the content.
 
In the meantime, you can review our [1]Frequently Asked Questions (FAQs)
page where you might find the information you are looking for, more
quickly.
 
Should your email concern an application for access to documents under
Regulation (EC) 1049/2001, we invite you to use the form on the [2]Public
Documents Registry page, in order to ensure that your application is
registered and handled within the applicable deadlines.
Kind regards,

EUAA INFO Team

European Union Agency for Asylum
Communications & Public Relations Unit (Executive Office)

Website: [3]https://euaa.europa.eu

References

Visible links
1. https://euaa.europa.eu/faq-page
https://euaa.europa.eu/faq-page
2. https://euaa.europa.eu/publications/publ...
https://euaa.europa.eu/publications/publ...
3. https://euaa.europa.eu/

Dear Ms Emmanouilidou,

Reference is made to your correspondence dated 31 October 2022.

We hereby acknowledge receipt of your application for access to documents
under Regulation (EC) No 1049/2001, which was registered under reference
number 000626 on 4 November 2022.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents and Decision No 6 of
the Management Board of EASO laying down practical arrangements regarding
public access to documents of EASO, your application will be handled
within 15 working days from the day of registration.

The (initial) time limit is set to expire on 25 November 2022. In case
this time limit needs to be extended, you will be informed in due course.

Best regards,

European Union Agency for Asylum
Email: [1][EUAA request email]
Website: [2]https://euaa.europa.eu

Disclaimer: Please be informed that the easo.europa.eu domain is being
phased out. Please update your contact records with the EUAA domain name.

A new request for the Public documents registry has been received with the
following information:

Submitted on Mon, 10/31/2022 - 17:31

Submitted by user: Anonymous

Submitted values are: Name
Lydia

Surname
Emmanouilidou

Email
[3][email address]

Message
Dear European Union Agency for Asylum,

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting the following documents:

For the period from 01 January 2020 to date:

All correspondence – including, but not limited to, letters, e-mails, and
any attachments – exchanged between the European Union Agency for Asylum
(EUAA) and any other EU or Member State actor – including, but not limited
to, DG Migration and Home Affairs (HOME) and/or Greek authorities –
regarding, related to, or mentioning “Centaur,” or “Hyperion” or other
surveillance and security systems and equipment [1] at existing and
forthcoming migrant reception facilities [2] on Samos, Kos, Leros, Lesbos,
and Chios islands and in Fylakio, Evros in Greece.

All documents – including, but not limited to, briefings, notes, papers,
non-papers, or reports – created or held by EUAA or exchanged between EUAA
and any other EU or Member State actor – including, but not limited to, DG
Migration and Home Affairs (HOME) and/or Greek authorities – regarding,
related to, or mentioning “Centaur,” or “Hyperion,” or other surveillance
and security systems and equipment at existing and forthcoming migrant
reception facilities on Samos, Kos, Leros, Lesbos, and Chios islands and
in Fylakio, Evros in Greece.

All correspondence and documents regarding, related to, or mentioning
impact assessments – including, but not limited to, fundamental rights
impact assessment – conducted by Greek authorities related to existing and
forthcoming migrant reception facilities on Samos, Kos, Leros, Lesbos, and
Chios islands and Fylakio, Evros in Greece.

[1] “‘Centaur’ or ‘Hyperion,’ or other surveillance and security systems
and equipment’ in this context refers to several systems the Greek
Ministry of Migration and Asylum has publicly acknowledged have been and
will be implemented at migrant reception facilities in Greece to
facilitate security and controlled entry/exit

[2] “Migrant reception facilities” in this context refers to facilities
also known as “Multi-Purpose Reception and Identification Centres
(MPRICs)” or “Closed Controlled Access Centers”

Yours faithfully,

Lydia Emmanouilidou
[4][email address]

References

Visible links
1. mailto:[EUAA request email]
2. https://euaa.europa.eu/
3. mailto:[email address]
4. mailto:[email address]

Dear Ms Emmanouilidou,

Kindly find enclosed a letter from Ms Nina Gregori, Executive Director of
EUAA, in response to your application for access to documents together
with the disclosed documents.

Best regards,

European Union Agency for Asylum
Email: [1][EUAA request email]
Website: [2]https://euaa.europa.eu

Disclaimer: Please be informed that the easo.europa.eu domain is being
phased out. Please update your contact records with the EUAA domain name.

From: Public Access To Documents Mailbox <[3][EUAA request email]>
Sent: 24 November 2022 07:57
To: Emmanouilidou <[4][email address]>
Cc: Public Access To Documents Mailbox <[5][EUAA request email]>
Subject: RE: EUAA Public documents registry submission

Dear Ms Emmanouilidou,

Reference is made to your correspondence dated 31 October 2022 (registered
on 4 November 2022 under reference number 000626).

Please note that your application is currently being handled by the EUAA
in accordance with Regulation (EC) No 1049/2001 and the Agency’s
Management Board Decision No 6. However, the EUAA will not be in a
position to complete the handling of your application within the initial
time-limit of 15 working days, which was due to expire on 25 November
2022.

An extended time-limit is needed given that additional administrative
efforts are required in terms of, inter alia, carrying out consultations,
identifying all relevant documents, thoroughly examining their contents
and making comprehensive assessments against Article 4 of Regulation (EC)
No 1049/2001 - in order to be able to duly process your request in the
most diligent manner in accordance with the principle of good
administration.

In light of the above, the Agency has decided to extend the time-limit by
an additional 15 working days in accordance with Article 7(3) of
Regulation (EC) No 1049/2001. The new time limit is due to expire on 16
December 2022. Nonetheless, the Agency strives to get back to you as
swiftly as possible.

Best regards,

European Union Agency for Asylum
Email: [6][EUAA request email]
Website: [7]https://euaa.europa.eu

Disclaimer: Please be informed that the easo.europa.eu domain is being
phased out. Please update your contact records with the EUAA domain name.

From: Public Access To Documents Mailbox <[8][EUAA request email]>
Sent: 04 November 2022 09:51
To: '[FOI #12081 email]'
<[9][FOI #12081 email]>; '[email address]'
<[10][email address]>
Cc: Public Access To Documents Mailbox <[11][EUAA request email]>
Subject: RE: EUAA Public documents registry submission

Dear Ms Emmanouilidou,

Reference is made to your correspondence dated 31 October 2022.

We hereby acknowledge receipt of your application for access to documents
under Regulation (EC) No 1049/2001, which was registered under reference
number 000626 on 4 November 2022.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents and Decision No 6 of
the Management Board of EASO laying down practical arrangements regarding
public access to documents of EASO, your application will be handled
within 15 working days from the day of registration.

The (initial) time limit is set to expire on 25 November 2022. In case
this time limit needs to be extended, you will be informed in due course.

Best regards,

European Union Agency for Asylum
Email: [12][EUAA request email]
Website: [13]https://euaa.europa.eu

Disclaimer: Please be informed that the easo.europa.eu domain is being
phased out. Please update your contact records with the EUAA domain name.

A new request for the Public documents registry has been received with the
following information:

Submitted on Mon, 10/31/2022 - 17:31

Submitted by user: Anonymous

Submitted values are: Name
Lydia

Surname
Emmanouilidou

Email
[14][email address]

Message
Dear European Union Agency for Asylum,

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting the following documents:

For the period from 01 January 2020 to date:

All correspondence – including, but not limited to, letters, e-mails, and
any attachments – exchanged between the European Union Agency for Asylum
(EUAA) and any other EU or Member State actor – including, but not limited
to, DG Migration and Home Affairs (HOME) and/or Greek authorities –
regarding, related to, or mentioning “Centaur,” or “Hyperion” or other
surveillance and security systems and equipment [1] at existing and
forthcoming migrant reception facilities [2] on Samos, Kos, Leros, Lesbos,
and Chios islands and in Fylakio, Evros in Greece.

All documents – including, but not limited to, briefings, notes, papers,
non-papers, or reports – created or held by EUAA or exchanged between EUAA
and any other EU or Member State actor – including, but not limited to, DG
Migration and Home Affairs (HOME) and/or Greek authorities – regarding,
related to, or mentioning “Centaur,” or “Hyperion,” or other surveillance
and security systems and equipment at existing and forthcoming migrant
reception facilities on Samos, Kos, Leros, Lesbos, and Chios islands and
in Fylakio, Evros in Greece.

All correspondence and documents regarding, related to, or mentioning
impact assessments – including, but not limited to, fundamental rights
impact assessment – conducted by Greek authorities related to existing and
forthcoming migrant reception facilities on Samos, Kos, Leros, Lesbos, and
Chios islands and Fylakio, Evros in Greece.

[1] “‘Centaur’ or ‘Hyperion,’ or other surveillance and security systems
and equipment’ in this context refers to several systems the Greek
Ministry of Migration and Asylum has publicly acknowledged have been and
will be implemented at migrant reception facilities in Greece to
facilitate security and controlled entry/exit

[2] “Migrant reception facilities” in this context refers to facilities
also known as “Multi-Purpose Reception and Identification Centres
(MPRICs)” or “Closed Controlled Access Centers”

Yours faithfully,

Lydia Emmanouilidou
[15][email address]

References

Visible links
1. mailto:[EUAA request email]
2. https://euaa.europa.eu/
3. mailto:[EUAA request email]
4. mailto:[email address]
5. mailto:[EUAA request email]
6. mailto:[EUAA request email]
7. https://eur03.safelinks.protection.outlo...
8. mailto:[EUAA request email]
9. mailto:[FOI #12081 email]
10. mailto:[email address]
11. mailto:[EUAA request email]
12. mailto:[EUAA request email]
13. https://eur03.safelinks.protection.outlo...
14. mailto:[email address]
15. mailto:[email address]

Dear Sir/Madam,

Thank you for your letter of 16 December 2022, in which you provide a
response to an access to documents request I submitted. I would like to
thank the European Union Agency for Asylum for (partially) disclosing 2 of
the documents identified.

In accordance with Article 7(2) of Regulation EC 1049/2001, I herewith
submit a confirmatory application and request the European Union Agency
for Asylum (hereinafter referred to as “the EUAA” or “the Agency”) to
reconsider its position within 15 working days of receiving this reply on
the grounds set out below. I would also like to remind the agency of its
obligation under EU case law (case T-188/98, paragraph 46) to review each
argument contained in this letter and respond to them individually. In
accordance with the right to privacy and protection of personal data, I
expect my application to be dealt with confidentiality, particularly in
any communication with third parties. Please note, in this regard, that
this confirmatory application does not pertain to personal
information/data redacted under Article 4(1)(b). 

Protection of Public Security 

In its reply, the EUAA claims that the vast majority of the 26 identified
documents could not be released (in full or in part), as their disclosure
“could undermine the protection of public security.” The EUAA even goes as
far as to suggest that disclosure of the documents could hamper several
procedures and erode trust between the EUAA and the Member State, in this
case Greece.

Regrettably, the Agency’s response contains only generic, hypothetical
invocations of such alleged risks to the public interest protected under
Article 4(1)(a). In its reply, the EUAA has failed to clearly establish –
on a document-by-document basis - how disclosure of each specific document
could foreseeably and not just hypothetically put this interest in
jeopardy. 

EU case law has clearly established that the examination which the Agency
must carry out in order to apply an exception must be carried out in a
concrete manner and must be apparent from the grounds of the decision[1].
The Agency has failed to comply with its obligation under established case
law of explaining how disclosure would pose a foreseeable and serious risk
to the protected interest. 

Furthermore, the mere fact that a document relates to an interest
protected by an exception is not enough in itself to justify the
application of the exception[2]. It is not sufficient, in that regard, to
submit in a general and abstract way that disclosure of 24 of the 26
identified documents would undermine the protected interest. According to
settled case law, the exceptions to document access must be interpreted
and applied strictly so as not to frustrate application of the general
principle that the public should be given the widest possible access to
documents held by the institutions[3]. Furthermore, the principle of
proportionality requires that derogations remain within the limits of what
is appropriate and necessary for achieving the aim in view[4].

A concrete, individual examination of each document is also necessary
where, even if it is clear that a request for access refers to documents
covered by an exception, only such an examination can enable the
institution to assess whether it is possible to grant the applicant
partial access under Article 4(6) of Regulation No 1049/2001. 

The EUAA’s use of Article 4(1)(a) to justify non-disclosure of the
majority of the 26 identified documents in Category 1 and Category 2 seems
disproportionate. For example, the notion that the disclosure of e.g.
documents under Category 2)(m) (“Instructions on how to activate internet
access through he Mobile Application of Hyperion'' that is presumably to
be made publicly available to camp residents and staff), could pose a
foreseeable and serious risk to public security seems manifestly
unfounded. Based on the titles available, many of the documents appear
unlikely to contain sensitive technical information pertaining to
arrangements that could seriously and foreseeably put the protected public
interest at risk. Disclosure, at the very least in part, should be
considered. 

Protection of Ongoing Decision-Making

The Agency’s use of Article 4(3) to justify non-disclosure of documents in
Category 1 and Category 2 seems disproportionate and fails to meet the
strict standards, established by relevant case law, whereby any derogation
from the general principle that the public should be given the widest
possible access to documents held by the institution[5]. The principle of
proportionality requires that derogations remain within the limits of what
is appropriate and necessary for achieving the aim in view[6].

Article 4(3) clearly states that access to documents can only be refused
if “disclosure of the document would seriously undermine the institution's
decision-making process” [emphasis added]. No evidence of such serious and
non-hypothetical risk has been provided by the EUAA in this case. 

Finally, the Agency has failed to abide by Article 4(7) which states that
the exceptions “only apply for the period during which protection is
justified on the basis of the content of the document.” No compelling
rationale has been provided by the EUAA on why technical correspondence
concerning, for example, quarterly and monthly reports dating back to 2022
and prior continue to be covered by the exception, which is designed to
protect ongoing decision-making processes. It is not clear how disclosure
of e.g. documents  in Category 1 and Category
2)(b)(c)(d)(e)(f)(g)(h)(i)(j)(m) could seriously and foreseeably harm
ongoing decision-making processes. Additionally, several of these
documents appear to pertain to decisions already taken (e.g. document
Category 2)(g) “Ministry of Migration and Asylum Plan for 2021”). 

Partial Access

In your reply, no evidence was provided for why the “administrative
burden” associated with providing partial disclosure is deemed to be
“disproportionate”. Twenty six (26) documents were identified as falling
within the scope of the request, at least some of which are unlikely to be
very lengthy. The agency, and other EU bodies, have been able to provide
(partial) access to a much wider set of documents in the past. To make a
compelling case against partial non-disclosure, the Agency should have
specified the number of pages of text that are concerned and to provide an
estimate of how many working hours partial redaction would entail. In
light of the failure to do so, I am compelled to conclude that the
Agency’s refusal to provide partial disclosure is unjustified. 

Conclusion

To conclude, the EUAA’s use of Article 4(1) and Article 4(3) of Regulation
EC 1049/2001 to justify non-disclosure of all identified documents is
excessive and disproportionate. The use of these exemptions and the
Agency’s failure to provide at least partial disclosure on the vast
majority of the 26 documents identified violate both the spirit and letter
of the Regulation and relevant case law. I therefore urge the EUAA to
reconsider its position and disclose the identified documents. 

[1] See, to that effect, Case T 14/98 Hautala v Council [1999] ECR II
2489, paragraph 67; Case T 188/98 Kuijer v Council [2000] ECR II 1959,
paragraph 38; and Verein für Konsumenteninformation v Commission, cited in
paragraph 84 above, paragraph 69

[2] Case T-2/03 Verein für Konsumenteninformation v Commission

[3] Case C 266/05 P Sison v Council [2007] ECR I 1233, paragraph 63 and
case law cited; Sweden and Turco v Council, cited in paragraph 66 above,
at paragraphs 35 and 36

[4] Case C 353/99 P Council v Hautala [2001] ECR I 9565, paragraph 28

[5] Case C 266/05 P Sison v Council [2007] ECR I 1233, paragraph 63 and
case law cited.

[6] Case C 353/99 P Council v Hautala [2001] ECR I 9565, paragraph 28.

Yours faithfully,

Lydia Emmanouilidou

[1][email address]

show quoted sections

Dear Sir/Madam,
I am following up on my confirmatory application, submitted on 11 January
2023. Given the Christmas break, I hope this application has reached you
in time - based on my calculation it has, but I wanted to check in given
that it appears the application has not yet been registered. I look
forward to the prompt registration of this confirmatory application. Thank
you.
Lydia Emmanouilidou
[1][email address] 

show quoted sections