Dear European Border and Coast Guard Agency,

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:

• Serious incidents reports filed in relation to the Frontex mission in Hungary since 19 October 2017
• Any follow-up documents, particularly the result of any internal investigation, to the serious incident reports filed in relation to the Frontex mission in Hungary
• The size of the Frontex mission in Hungary on 19 October 2017.
• The changes to the size of the Frontex mission in Hungary after 19 October 2017 to this day, with the nominal change and the date of it becoming effective.
• Precise mandate of the Frontex mission in Hungary.
• Any documents concerning the effect of the insertion of Section 5 (1a) of Act LXXXIX of 2007 on State Borders, prescriping that third-country nationals without the right to stay in Hungary are “escorted” to the external side of the border fence without any identification, documentation, registration taking place. Should any of these documents fall under the exception provided for in Article 4(2) second indent and/or 4(3) of Regulation 1049/2001, please provide the number of identified documents.
• Correspondence between the Consultative Forum and the Executive Director since October 2017 pertaining to the mission in Hungary.
• Reports of the Agency’s activities resulting from its obligation prescribed in Article 8 (1c) of Regulation 2016/1624 in relation to the practical implementation of 5 (1a) of Act LXXXIX of 2007 on State Borders prescribing that third-country nationals without the right to stay in Hungary are “escorted” to the external side of the border fence without any identification, documentation, registration and without having the right to seek asylum.
• How information is exchanged regarding the implementation of 5 (1a) of Act LXXXIX of 2007 on State Borders prescribing that third-country nationals without the right to stay in Hungary are “escorted” to the external side of the border fence without any identification, documentation, registration and without the right to seek asylum under the obligation to exchange information in order to ensure inter alia that Frontex carries out risk analysis and monitoring of migratory flows, prescribed in Article 10 of Regulation 2016/1624.
• Analyses submitted to the management board based on the results of the information provided by Hungary in relation to the monitoring obligation of migratory flows and risk analysis prescribed in Article 11 (4) and 11 (5) of Regulation 2016/1624 since 1 March 2017.
• Reports of liaison officers deployed to Hungary since 1 July 2016 based on the obligation prescribed in Article 12 (3h) of Regulation 2016/1624.
• Reports on the Agency’s actions in Hungary at the external borders under Article 14 of Regulation 2016/1624 since 1 July 2016.
• In case there are (or have been since 1 July 2016) joint operations falling under the scope of Article 15 of Regulation 2016/1624 , section(s) of the operational plan(s) resulting from the requirement of compliance of tasks and responsibilities of the Agency with regard to the respect of fundamental rights, as prescribed by Article 16 (3d) of Regulation 2016/1624.
• Documents related to the obligation of the executive director to suspend or terminate financing the Agency’s activities in Hungary if he considers that there are violations of fundamental rights or international protection obligations, especially in light of the implementation of Section 5(1a) of Act LXXXIX of 2007 on State Borders, prescribing that third-country nationals without the right to stay in Hungary are “escorted” to the external side of the border fence without any identification, documentation, registration or having the right to seek asylum.
• Reports or other documents pertaining to the coordination of return-related activities concerning returns from Hungary to the Republic of Serbia falling under the scope of Article 27 (1a) of Regulation 2016/1624.
• Communications concerning the Agency’s concern regarding the respect of fundamental rights in respect of return operations sent to the Hungarian authorities and to the Commission, as prescribed in Article 28 (7) of Regulation 2016/1624 since 1 July 2016.
• Reports originating from participants of Frontex activities in Hungary submitted under Article 22 of the Code of Conduct For All Persons Participating in Frontex Activities and any follow-up documents and/or decisions thereof.
• The number of individuals whose personal data has been processed by the Agency as a result of their transmission by the competent Hungarian authorities in accordance with Article 47 (1b) of Regulation 2016/1624 since 1 July 2016 in monthly breakdown, if available.
• Analysis and/or evaluation of the compliance of the implementation of Section 5(1a) of Act LXXXIX of 2007 on State Borders with Sections 11 and 12 of the Decision of the Executive Committee of 27 October 1998 on the adoption of measures to fight illegal immigration (SCH/Com-ex (98)37 def.2).

Yours faithfully,

Andras Lederer