Dear European Border and Coast Guard Agency, On the morning of 29 April 2022, media outlet Politico Europe reported: “Frontex Director Fabrice Leggeri is quitting, POLITICO hears. The head of the EU border agency has tendered his resignation, several people in the know told us, with further details expected today.” Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, we are requesting: - all letters, e-mails, and/or documents of any containing Fabrice Leggeri's resignation. Please don’t hesitate to contact us if you have any doubts or question in regards to this request. Please also note that, in line with the European Ombudsman's decision in case 104/2020/EWM, we hereby express our wish to receive all responses and documents related to this request via this e-mail address only and not through the Frontex portal. We will not accept a notification to this e-mail address, but only the actual responses. Thank you in advance. Sincerely, << Address removed >> Luisa Izuzquiza Request Number: 247523 Reply To: <<email address>> Upload large files for this request here: https://fragdenstaat.de/en/request/24... Post Address: Luisa Izuzquiza << Address removed >> << Address removed >> << Address removed >> << Address removed >> << Address removed >>

Dear Frontex, Thank you for your response. We made a typo; you made a typo... This would be the correct wording: - all letters, e-mails, and/or documents containing Fabrice Leggeri's resignation. Thank you in advance, Luisa Izuzquiza Arne Semsrott Request Number: 247523 Reply To: <<email address>> Upload large files for this request here: https://fragdenstaat.de/en/request/24...

Dear Frontex, Please pass this on to the person who handles confirmatory applications. On 29 April 2022, we filed an access to documents request for "all letters, e-mails, and/or documents of any containing Fabrice Leggeri's resignation." After some back and forth regarding the precise wording of the request, on 10 May 2022, Frontex registered and started processing our request for: "all letters, e-mails, and/or documents containing Fabrice Leggeri's resignation." On 23 May 2022, Frontex responded to our access to documents request, stating: "Please be informed that the “all letters, e-mails, and/or documents containing Fabrice Leggeri's resignation” do/does not constitute documents/a document within the meaning of Article 3(a) of Regulation (EC) No 1049/2001; therefore, no such document is held." To this extent, we argue that Frontex's statement is fundamentally flawed, both in its factual and legal dimensions. At a factual level, there is little to no room for discussion on whether "letters, e-mails, and/or documents" constitute a document. To this extent and in particular, we would like to point to Frontex's attention that, even if we were to disregard the first two examples provided in our wording ("letters" and "e-mails"), our request specifically asked for "documents". It is a matter of fact that "documents" constitute documents. In consequence, Frontex's statement that our request, which specifically asked for "documents", does not constitute documents, is fundamentally - undeniably - flawed at a factual level. When it comes to the legal dimension of Frontex's response, Article 3(a) of Regulation 1049/2001 states: "‘document’ shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) concerning a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility;". To this regard, it is once again undeniable that "letters, e-mails, and/or documents" constitute "content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording)". In this particular case, our initial request asked for "all letters, e-mails, and/or documents of any containing Fabrice Leggeri's resignation." The fact that letters, e-mails, or any other document would need to "contain" a resignation in order to fall under the scope of our request, de facto make these documents "content whatever its medium", thus documents as per Article 3(a) of Regulation 1049/2001. It is also a matter of fact that the resignation of an EU agency's Executive Director concerns "a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility". The Frontex Management Board is, according to Article 100(1) of Regulation 2019/1896, "responsible for taking the strategic decisions of the Agency". Whether to accept or not the resignation of the agency's Executive Director is a decision which, undeniably and in fact empirically, falls within this mandate, thus falling "within the institution's sphere of responsibility". For this reason, any letter, e-mail or document containing the resignation of an agency's Executive Director concerns "decisions falling within the institution's sphere of responsibility". In consequence, Frontex's statement that our request for access to documents "do/does not constitute documents/a document within the meaning of Article 3(a) of Regulation (EC) No 1049/2001", is fundamentally - undeniably - flawed at a legal level, too. We therefore call on Frontex to correct its initial statement and provide the requested documents in full. Please do not hesitate to contact us if you have any doubts or questions regarding this confirmatory application. Sincerely, << Adresse entfernt >> and Arne Semsrott Anfragenr: 247523 Antwort an: <<E-Mail-Adresse>> Laden Sie große Dateien zu dieser Anfrage hier hoch: https://fragdenstaat.de/a/247523/ Postanschrift << Adresse entfernt >> Luisa Izuzquiza << Adresse entfernt >> << Adresse entfernt >> << Adresse entfernt >> << Adresse entfernt >>