
Ref. Ares(2024)3133762 - 29/04/2024
SG.LD.ATD
Access to Documents Coordinator
Brussels, 29 April 2024
eeas.sg.ld (2024) 1319132
To
Mr Paolo Riva
by electronic mail
Subject: Your requests for access to documents of 14 February 2024 and 20 February 2024
EEAS reference: 2024/035 and 2024/049
Dear Mr Riva,
I would like to thank you for your requests for access to documents, which the EEAS has
examined in the framework of Regulation (EC) No 1049/2001.1
Following your applications, we have searched in the EEAS filing systems and document
management databases for:
1. “
All internal communication including internal and external emails (including but not
limited to protocols, minutes or any other written notes) between the Delegation of
the European Union to Tunisia and the EEAS headquarter in Brussels and the EU
Commission in Brussels related to migration and/or border management in Tunisia
between 3rd July 2023 and 30th September 2023.”
2. “
All Internal communication including internal and external emails (including but not
limited to protocols, minutes or any other written notes) related to migration from
Tunisia, migrants arrivals through the Central Mediterranean route and/or border
management with Tunisia between two or more of the following parties: the
Delegation of the European Union to Tunisia, the EEAS headquarter in Brussels, and
the EU Commission in Brussels and the Italian Government between 10th and 20th
September 2023”
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European
Parliament, Council and Commission documents (OJ L 145, of 31.5.2001, p. 43, hereafter the "Regulation "), as applied
by the EEAS pursuant to Article 11(1) of the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation
and functioning of the European External Action Service (OJ L 201, of 3.8.2010, p. 30).
European External Action Service – B-1046 Brussels – Belgium – Tel.: (32-2) 584 11 11
Office: EEAS C-25 03/432 – e-mail:
xxxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx
After this search, the EEAS has identified the following documents matching your
application, as referenced hereafter:
1. (irregular) Migration crisis EU-Del flash update #1 18-9-2023 (document 1);
2. (irregular) Migration crisis EU-Del flash update #2 20-9-2023 (document 2);
3. (irregular) Migration crisis EU-Del flash update #4 25-9-2023 (document 3);
4. (irregular) Migration crisis EU-Del flash update #5 28-9-2023 (document 4);
5. 230714_Tunisia Political Report - 23 June-14 July (document 5);
6. 230808_Migrants Situation
Update – August 2023 (document 6);
7. 230829_Tunisia Political Report - August 2023 (document 7);
8. 230918_Tunisia Political Report - 4-18 September (document 8).
Following an examination of the identified documents, I decided to grant you partial access
to documents 1 to 8, which are forwarded to you in redacted version in attachment to this
letter. Redactions have been made to those parts of the documents the disclosure of which
would undermine the public interest as regards international relations and the decision making
process of the institution, as well as the privacy and integrity of the individual, as per Article
4(1)(a), third indent, 4(1)(b) and Article 4(3), first sub-paragraph, of the Regulation. Please
note that additional redactions have been made to sections of the reports that fall outside the
scope of your request as they are related to topics other than migration and border
management.
Concerning the protection of the public interest as regards international relations, the parts of
the documents to which access is not granted contain information on the EEAS assessment
of the capabilities of non-EU countries (including notably Tunisian authorities) and
international organisations such as UN agencies mentioned, as well as information and
assessments provided by other international partners in confidence to the EU. In addition
access is not granted to EEAS preliminary political assessment of decisions and actions
carried out by non-EU countries mentioned in the reports.
Revealing information unofficially provided by non-EU countries to the EU, as well as
information not yet made public by UN agencies concerning their planned actions and
activities, would seriously compromise the climate of trust and cooperation between the EU
and its international partners as regards the matters at stake. Moreover, the disclosure of
preliminary political assessments of actions undertaken by the non-EU countries involved,
including notably Tunisia, would be negatively perceived by international actors and
compromise the EU and Member States relevant diplomatic relations with them. As a
consequence, the EEAS considers that the full disclosure to the general public of documents
1 to 8 would pose a concrete risk to the EU international relations, as per Article 4(1)(a), third
indent, of the Regulation.
As regards the protection of institution decision making process, as per Article 4(3), first sub-
paragraph, of the Regulation the identified documents contain information on planned
activities, such as potential EU funded projects, as well as options for the EU action in
response to the matter at stake and in its cooperation with non-EU countries and UN agencies
mentioned in the reports. The disclosure of this information to the general public could
undermine the institution decision-making process as it would reveal strategic options and
approaches of the EEAS and Commission services involved, as well as expose the latter to
potential pressure of external actors regarding decision that are still to be taken.
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As regards the protection of personal data and integrity of the individual, redactions have
been made with regards to the names of EEAS and Commission staff members who do not
fall within the category of Senior Management, as to protect their privacy and integrity in line
with Article 4(1)(b), of the Regulation.
I take this opportunity to remind you that the redacted version of documents 1 to 8 provided
to you may be reused under condition that the source is acknowledged and that you do not
distort the original meaning or message of the documents. Please note that the EEAS does
not assume liability stemming from the reuse. In case of doubt on reuse please do contact the
EEAS for prior authorisation.
I wish to conclude by informing you that no documents have been identified as regards
possible correspondence with the Italian Government, as mentioned in your request for access
to documents with reference 2024/049. As specified in Article 2(3) of the Regulation, the
right of access as defined in that Regulation applies only to existing documents in the
possession of the institution. Given that no such documents, corresponding to the description
given in your application, are held by the EEAS, we are not in a position to fulfil this point
of your request.
Should you wish this position to be reviewed, you may make a confirmatory application
within 15 working days in accordance with Article 7(2) of the Regulation.
Yours sincerely,
[e-signed]
Ludovic Promelle
Electronically signed on 29/04/2024 14:02 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
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