reply-letter-104

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

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FRONTESZX

I am requesting further information as to the deployment of FRONTEX's assets (Air/Land/Sea)
as part of Operation Poseidon, specifically in the area around the island of Samos (GR) and for
the period 01/01/2020-31/05/2021 inclusive. (if this period is too long please consider the
request to cover only 01/01/2021-31/05/2021 inclusive). Specifically I see information that
helps me better understand where and when FRONTEX had assets deployed. I am seeking any
Log/Record/Document or Correspondence that relates to the deployment of such assets in the
Samos Area. If the most detailed records could be shared including (date/time/location/use of
assets) it would be much appreciated.

Your application was clarified on 11 June 2021:

My need is to understand where Frontex maritime assets we're deployed to understand how
active they are in sea deployment around Samos.

Specifically I am looking for a Log or documents covering the period of 01 May 2020 to 31 May
2021 inclusive (if this is too broad I am particularly interested in the Months of November 2020
& April 2021).

The information I require is a record of when Frontex controlled Maritime assets (boats) we're
deployed (from Samos) during this period. i.e On X date, between times A + B, Asset Z was
deployed in Z area.

If this information is in the form of a Ships Log or record of Frontex Samos activities or even
more generally an overview of planned deployments of Frontex Assets e.9 on day x Frontex
patrolls area B between $ & T times. (l am assuming that Frontex keeps records of when and
where they are active).

Kindly note that Frontex has identified approximately 160 documents pertaining to your request. Please
be informed that access to these documents must be refused pursuant to Article 4(1)(a) first indent of

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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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FRONTEZX

Regulation (EC) No 1049/2001! as their disclosure would undermine the protection of the public interest
as regards public security.

In particular, the documents contain sensitive operational information pertaining to recently concluded
or ongoing operational activities. Disclosing details regarding the assets, their exact locations and
patrolling timings would put border management in Member States of the European Union involved in
sea operations under serious threat. The disclosure of this information would hamper the effectiveness
of Frontex operations and jeopardise the efforts carried out by the European Union and Member States
to curtail criminal activities at the external borders. It would thus benefit criminal networks especially
those involved in people smuggling and trafficking in human beings, which would put the life of migrants
in danger. Hence, the disclosure of the information pertaining to the scope of your application would
undermine the protection of the public interest as regards public security and has to be refused based
on Article 4(1)(a) first indent of Regulation (EC) No 1049/2001.

A partial release of the documents could not be undertaken, as their redaction would be
disproportionate in relation to the parts that are eligible for disclosure, simultaneously undermining the
principle of sound administration. More specifically, the administrative burden necessary to identify
and redact the releasable elements would be disproportionate to the interest in the disclosure exercise
itself, while the released documents would not convey any informative value due to their significantly
reduced form. Consequently, a partial disclosure of the documents at issue must be refused owing to
the particular circumstances of the present case.

Pursuant to Article 7(2) of Regulation (EC) No 1049/2001, within 15 working days of the receipt of this
letter, you may submit a confirmatory application to Frontex to reconsider its position. Based on Article
8 of Regulation (EC) No 1049/2001, Frontex will reply to you within 15 working days from the registration
of such application. You can submit your confirmatory application by post or electronically.

! Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents
(0J 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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