reply-letter-106

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

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— Documentation of meetings (minutes, drafts, memoranda, invitations, cancellations, etc.) involving any person or institution representing the Spanish Government, in particular the Ministry of Home Affairs, but not excluding Autonomous Communities and municipalities, and which is linked to the migration crisis surged in Ceuta or to the roll played by Spain in Frontex. — Correspondence (guidance documents, reports, official letters, emails, attachments, etc.) exchanged with any person or institution representing the Spanish Government, in particular the Ministry of Home Affairs, but not excluding Autonomous Communities and municipalities, and which is linked to the migration crisis surged in Ceuta or to the roll played by Spain in Frontex. You clarified the timeframe of your application on 15 June 2021: Just 2021 You clarified the meaning of “the roll played by Spain in Frontex” on 23 June 2021: The roll played by Spain in Frontex" equates to the participation/enrollment of Spain in Frontex activities or to Frontex deployment in Spain. You further clarified that “the roll played by Spain in Frontex” was connected to the requested documents and correspondence 25 June 2021. Kindly be informed that Frontex has identified two documents pertaining to the request, access to which must be refused pursuant to Article 4(3) of Regulation (EC) No 1049/2001 as their disclosure would seriously undermine the internal decision-making processes regarding current and future activities of Frontex and Member States. 1 In accordance with Article 7(3) of 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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The discussions within Frontex and under its auspices and involving numerous stakeholders require special protection. A disclosure would reveal negotiation positions of the stakeholders, which would erode the mutual trust among Frontex and Member States of the European Union. Such information would enable third parties to draw preliminary conclusions and thus, hamper ongoing and future negotiations. As no overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of these documents is ascertainable in the present case, they cannot be released based on Article 4(3) of Regulation (EC) No 1049/2001. Therefore, access has to be refused in its entirety. 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. 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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