Head of the Inspection and Control Office European Border and Coast Guard Agency

 

Dear Mr X,

The Ombudsman has received a complaint against the European Border Coast Guard Agency (Frontex).

On 16 May 2024, the complainant requested public access to two documents to Frontex:

1) Fundamental Rights Officer’s Opinion issued in January 2024 regarding the Serious Incidents Reporting mechanism;

2) Fundamental Rights Officer’s Opinion regarding Bulgaria issued between January 2024 and May 2024.

On 26 June 2024, Frontex issued its initial reply. It refused access in their entirety to the two documents identified, invoking the following exceptions to disclosure under the EU legislation on access to documents[1]: the protection of public security[2] and the protection of Frontex’s decision-making processes[3].

On 4 July 2024, the complainant asked Frontex to review its initial reply (by making a ‘confirmatory application’). On 9 August 2024, Frontex confirmed the refusal to grant access to the two documents identified in order to protect public security and Frontex’s decision-making processes. Frontex held that no meaningful partial access could be granted.

On 10 August 2024, dissatisfied with Frontex’s decision, the complainant turned to the Ombudsman.

We have decided to open an inquiry into the complaint against Frontex’s decision to refuse access under Regulation 1049/2001.

Regulation 1049/2001 states that applications for access should be handled promptly. It is in line with this principle that the Ombudsman also seeks to deal with cases such as this as quickly as possible.

As a first step, we consider it necessary to review the two documents at issue in the complainant’s request. I would be grateful if Frontex could provide the two documents identified as falling within the scope of the request, preferably in electronic format through encrypted e-mail,[4] by 23 August 2024.

We would be grateful to receive marked copies indicating which parts are considered covered by which exceptions invoked under Regulation 1049/2001.

The documents subject to the public access request will be treated confidentially, along with any other material Frontex chooses to share with us that it marks confidential. Documents of this kind will be handled and stored in line with this confidential status and will be deleted from the Ombudsman’s files shortly after the inquiry has ended.

Frontex’s position has been set out in its confirmatory decision. However, should Frontex wish to provide additional views, to be taken into account by the European Ombudsman during this inquiry, we would be grateful if they could be provided to us by 6 September 2024.

The inquiries officer responsible for the case is Alice Bernard.

Yours sincerely,

Rosita Hickey
Director of Inquiries

Strasbourg, 14/08/2024

 

[1] Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32001R1049.

[2] Article 4(1)(a) first indent of Regulation 1049/2001. 

[3] Referring to Article 4(3) of Regulation 1049/2001.

[4] Encrypted emails can be sent to our dedicated mailbox.