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Further inquiry of the European Ombudsman on transfer of surveillance capabilities to non-EU countries in the absence of prior human rights risk and impact assessments

Executive Director

European Border and Coast Guard Agency

 

Dear Dr X,

Earlier this year, I received Frontex’s reply to my letter opening the inquiry into the above complaint, for which I thank you.

Based on this reply, I have some further questions, which I would appreciate if Frontex could clarify.

(a)  Do Frontex’s requests to the Fundamental Rights Officer to issue assessments/opinions in line with the ‘Fundamental Rights Due Diligence Procedure on Frontex Cooperation with Third Countries’ concern all its planned activities with non-EU countries? 

(b) If not, how does Frontex identify which of its activities with non-EU countries require assessments/opinions of the Fundamental Rights Officer? Is there a formal administrative procedure or practice for identifying these activities?

 (c) What details does Frontex share with the Fundamental Rights Officer concerning the potential fundamental rights implications of a planned activity?

I would appreciate it if you could send your reply by 14 July 2023.

Should you require any further information or clarifications, please do not hesitate to contact Marta Hirsch-Ziembinska, Principal adviser on Charter compliance, who is responsible for the inquiry.

Yours sincerely,

Emily O'Reilly
European Ombudsman

Strasbourg, 09/06/2023