                                                                                               I not. Ares(2026)10038762 - 26/10/2026


                                EUROPEAN COMMISSION
                                DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS

                                The Director-General



                                                                     Brussels
                                                                     HOME.F.4/


                                                                     "a
                                                                     By e-mail with acknowledgement
                                                                     of receipt:



Subject:        Your application for access to documents — EASE 2026/4751

Dar Mg
I refer to your request for access to European Commission documents registered on 19
September 2026 under the above-mentioned reference number.
     1. SCOPE OF YOUR REQUEST
By means of your request, you seek access to: "the following documents concerning the
Polish national programme under the Asylum, Migration and Integration Fund, CCI
2021PL65AMPROO01:
1. The agreed minutes of every review meeting held in respect of that programme, drawn
up pursuant to Article 41(5) of Regulation (EU) 2021/1060, together with the documents
submitted by the Commission or by Poland for the purposes of those meetings. I am aware
that, under Article 41(2), review meetings for programmes supported by the AMIF are
organised at least twice during the programming period rather than annually.
2. Any information transmitted by Poland to the Commission under Article 41(6) of that
Regulation on the measures taken in follow-up to issues raised at those meetings.
3. Any observations, assessment or request for clarification addressed by the Commission
to Poland in relation to the annual performance reports submitted for that programme
under Article 35 of Regulation (EU) 2021/1147, in particular as regards the indicators
reported for the specific objective covering legal migration and integration.
4. Any document recording consideration by the Commission, in the exercise of the power
conferred by Article 33(5) of Regulation (EU) 2021/1147, of an amendment to Annex VIII
adding an indicator on the duration of residence procedures or of any other administrative
procedure supported by the Fund, including any preparatory or consultative document
and any document recording a decision not to propose such an amendment.
This application does not seek documents forming part of any pre-infringement or
infringement proceedings, nor any document relating to a complaint. It is confined to the
programme monitoring documents identified above.
If the Commission considers that any of these documents is covered in part by an exception
under Article 4, I ask for partial access under Article 4(6) rather than a refusal in full, and
I ask to be informed which parts have been withheld and on what ground.



Commission europćenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIE — Tel. +32 22991111
Applicants standing. I am a national of Ukraine residing lawfully in Poland. I therefore
exercise the right of access conferred by Article 2(1) of the Regulation on any natural
person residing in a Member State.
Reason for the request, offered voluntarily in the awareness that Article 6(1) does not
require it: I have obtained from the Polish Managing Authority the four annual
performance reports submitted for this programme under Article 35, covering January
2021 to June 2025. None of them records how long residence procedures take, although
the same reports state that support was directed primarily to the Office for Foreigners, the
Border Guard and the voivodeship offices in order to strengthen their capacity. The rules
of the 2026 call for those offices, by contrast, use "the average duration of proceedings in
the voivodeship office" as one of the keys for dividing the allocation between regions - so
the figure exists and is used to distribute the money but is not reported as a result.
I would like to establish whether this was raised in the monitoring dialogue between the
Commission and Poland, and whether the Commission has considered using Article 33(5),
whose exercise is limited in time by Article 37(2), to add such an indicator to Annex WIII ”.
    2. IDENTIFICATION OF DOCUMENTS
The following documents have been identified as falling within the scope of your request:
    1. Observations on the Annual Performance Reports submitted in 2023 — AMIF,
       BMVI and ISF — Poland, Ares(2024)2776624
    2. Observations on the Annual Performance Reports submitted in 2025 — AMIF,
       BMVI and ISF — Poland, Ares(2025)5882431
    3. Observations on the Annual Performance Report submitted in 2026 AMIF —
       Poland, Ares(2026)3849605
    3. NO DOCUMENTS HELD
I regret to inform you that for your sub-requests under points 1, 2 and 4, the Commission
does not hold any documents that would correspond to the description given in your
application.
In the context of your sub-requests 1 and 2, I would like to inform you that no Performance
Review meeting has been held yet between the European Commission and the Polish
authorities, following Article 41(5) of Regulation (EU) 2021/1060. Consequently, there is
no information transmitted on potential measures taken as a follow-up to issues raised.
Similarly, in reference to your sub-request under point 4, there is no document held by the
Commission. No documents or discussions have been held so far in the current
programming period in terms of indicators on the duration of residence procedures,
following Article 33(5) of Regulation (EU) 2021/1147.
As specified in Article 2(3) of Regulation (EC) No 1049/2001 of the European Parliament
and of the Council of 30 May 2001 regarding public access to European Parliament,
Council and Commission documents (hereafter Regulation (EC) No 1049/2001) ('), the
right of access as defined in that regulation applies only to existing documents in the
possession of the institution.
Given that no such documents, corresponding to the description given in your application,
are held by the Commission, I am not in a position to fulfil these sub-requests.




(9) OJ L 145, 31.5.2001, p. 43; ELI: http://data.curopa.eu/eli/reg/2001/1049/0j.

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    4. ASSESSMENT OF THE IDENTIFIED DOCUMENTS
Having examined the identified documents under the provisions of Regulation (EC) No
1049/2001, and taking into account the views expressed of the consulted third party, I have
come to the conclusion that documents 1, 2 and 3 can be partly disclosed.
While the observations letters sent to the Polish Managing Authority on the Annal
Performance Reports submitted (the documents identified) originate from the European
Commission, the observations raised in these letters refer solely to the content of the
Annual Performance Reports that the Polish Managing Authority has drafted.
Despite your mention that the Annual Performance Reports for AMIF have been granted
to you by the Polish Managing Authority, it was considered necessary to confirm that the
Polish authorities do not object to the indirect disclosure to the public of their Annual
Performance Reports” content.
Therefore, the Polish Managing Authority has been consulted in accordance with to Article
4(4) of Regulation (EC) No 1049/2001, according to which *[a]s regards third-party
documents, the institution shall consult the third party with a view to assessing whether an
exception in paragraph 1 or 2 is applicable, unless it is clear that the document shall or
shall not be disclosed ".
The consulted party has agreed to their partial disclosure, subject to data protection
redactions.
Indeed, a complete disclosure of documents 1, 2 and 3 is prevented by the exception
concerning the protection of privacy and the integrity of the individual outlined in Article
4(1)(b) of Regulation (EC) No 1049/2001, because they contain the following personal
data:
    e    (the names/initials and contact information of Commission staff members not
        pertaining to the senior management;
    +    the names/initials and contact details of other natural persons.
Article 4(1)(b) Regulation (EC) No 1049/2001 provides that *"[t]he institutions shall refuse
access to a document where disclosure would undermine the protection of privacy and the
integrity of the individual, in particular in accordance with Community legislation
regarding the protection ofpersonal data”.
Article 9(1)(b) of the Regulation (EU) 2018/1725 of the European Parliament and of
the Council of 27 April 2016 on the protection of natural persons with regard to
the processing of personal data and on the free movement of such data (?) does not
allow the transmission of these personal data, except if you prove that it is necessary to
have the data transmitted to you for a specific purpose in the public interest and where
there is no reason to assume that the legitimate interests of the data subject might be
prejudiced. In your request, you do not express any particular interest to have access to
these personal data nor put forward arguments to establish the necessity to have the data
transmitted for a specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has not
been substantiated and there is no reason to think that the legitimate interests of the




©) OJ L 295, 21.11.2018, p. 39, ELI: http://data.curopa eu/eli/reg/2018/1725/0j.

                                                     3
individuals concerned would not be prejudiced by disclosure of the personal data
concerned.
Furthermore, I would like to highlight that certain parts of the disclosed documents have
been redacted since the information provided falls beyond the scope of your request as
formulated in your application. Consequently, any matter not strictly related to the AMIF
programme and in particular, to the indicators reported for the specific objective covering
legal migration and integration has been redacted, with all cases of redaction for this
specific reason appearing clearly in the documents by mentioning 'out of scope” on the
redacted parts.
In the light of the above, please find enclosed documents 1, 2 and 3 in a redacted format,
from which the protected or out of scope information has been removed.
Disclaimer:
You may reuse public documents which have been produced by the European Commission
or by public and private entities on its behalf based on the Commission Decision on the
reuse of Commission documents (). You may reuse the documents disclosed free of
charge and for non-commercial and commercial purposes provided that the source is
acknowledged and that you do not distort the original meaning or message of the
documents. Please note that the Commission does not assume liability stemming from the
reuse.
       5. MEANS OF REDRESS
In accordance with Article 7(2) of Regulation (EU) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position. Such a
confirmatory application should be addressed to the ŚSecretariat-General of the
Commission within 15 working days upon receipt of this letter. You can submit it in one
of the following ways:
by asking for a review via your portal (*) account (available only for initial requests
submitted via the portal account),
or by mail:

European Commission
Secretariat-General
Document Management Ś Access to Documents (SG.A.2)
BERL 7/DCS
B-1049 Brussels

or by email to: sg-acc-doc©ec .europa.eu




©) OJ L 330, 14.12.2011, p. 39, ELI: http://data.curopa.cu/eli/dec/2011/833/0j.

(9).   https://www.ec.europa.cu/transparency/documents-request

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                6. ACKNOWLEDGMENT OF RECEIPT
            Finally, I note that your request has been submitted outside the EASE portal. Therefore, I
            would appreciate, if you could acknowledge receipt of the present letter by sending an
            email to HOME-ACCESS-DOCUMENTS©ec.europa.eu.




             Yours sincerely,




                                                                                     Beate GMINDER



            Enclosure:       3 Documents




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[EE lectronically signed on 23/10/2026 17:54 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
