PAD Confirmatory application

Dieses Dokument ist Teil der Anfrage „Responses to access to documents in 2021

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Any documents in Frontex possession related to the Horizon 2020-funded project ITFLOWS (). The project manager has mentioned to me in interview an extensive collaboration between Frontex and the ITFLOWS consortium, far beyond the Horizon 2020 workshop that Frontex held in May 2021. In particular, I am interested in email communications with the ITFLOWS consortium, and any Frontex-generated documents (memos, agreements, etc.) related to the project, or that mention the project or Frontex's collaboration with it. I note your arguments in your confirmatory application In your response you haven't stated how many responsive documents there were, and whehter you were supplying us with all responsive documents or leaving some out. Given that you're only citing the privacy exemption, I'm assuming you're not leaving anything out, but it's not explicit from your letter. More importantly, I think there might have been a mistake in the document search: I have reason to believe there are more responsive documents that your service has missed. In particular, I'm aware (first hand, from the ITFLOWS program coordinator) of a close collaboration between Frontex employees and the ITFLOWS project, that included more direct communication than you have provided, as well as data sharing and other contact. I ask that you please revisit this request for more responsive documents. On 19 October 2021, you provided the following clarifications: Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01
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More importantly, I think there might have been a mistake in the document search: I have reason to believe there are additional documents that your service has missed in its original search. In particular, I'm aware (first hand, from the ITFLOWS program coordinator) of a close collaboration between Frontex employees and the ITFLOWS project, that included more direct communication between Frontex and ITFLOWS than you have provided, as well as the sharing of data, as well as other communications between your agency and ITFLOWS. I ask that you please revisit this request for more responsive documents. On 25 October 2021, you provided the following clarifications: I think your office made a mistake in your response to my original request. I know that there are more documents that are responsive to my request than what you have sent me. Specifically, there were direct communications between Frontex and IFLOWS that you have not mentioned in your response. I ask that you please revisit your request to find more responsive documents. On 15 October 2021, Frontex made available 22 documents (20 emails, one PowerPoint presentation and one document entitled ’Assessment of Research Projects (Kick-off 2020) – Horizon 2020’) to you. With regard to your claim that there were more documents, please note that Frontex has conducted another search. However, no additional documents as those already identified in Frontex reply of 15 October 2021 were identified and you did not provide any concrete information to the contrary.1 Consequently, I uphold the Decision of 15 October 2021. In accordance with Article 8(1) of Regulation (EC) No 1049/2001 2, you are entitled to institute court proceedings and/or make a complaint to the European Ombudsman under the relevant provisions of the Treaty on the Functioning of the European Union. 1 Cf. Judgment of the General Court of 23 April 2018 in case T‐468/16, Verein Deutsche Sprache v Commission, para. 35. 2 Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01
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