reply-letter-110

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

/ 2
PDF herunterladen
On the 27th of May 2021 a SAR event took place under the coordination of Frontex ICC, in international waters near the Italian island of Pantelleria, involving Italian and Tunisian Coast Guard units, where 9 people were recovered from a small fiberglass boat. I would like to access any documents held by Frontex in connection to the event described above, and specifically: - The operation's report, including any photographic material produced - The geographical coordinates and detailed timeline of the event - Any information held by Frontex regarding the port of landing of the 9 passengers of the above-mentioned fiberglass boat Please be informed that Frontex has identified 13 documents access to which must be refused pursuant to Article 4(1) first indent of Regulation (EC) No 1049/20011 as their disclosure would undermine the protection of the public interest as regards public security. The documents contain sensitive operational information pertaining to an ongoing operation. Releasing this information would benefit criminal networks, enabling them to change their modus operandi and consequently result in hampering the course of ongoing and future similar operations, which would put the lives of migrants in danger. Furthermore, the documents contain information regarding the technical equipment deployed in the operational area by Frontex and Member States. Disclosing such information would be tantamount to disclosing the exact type and capabilities of the equipment and would enable third parties, e.g. by combining this information with other sources, to draw conclusions regarding usual positions and movement patterns. This would open way for abuse, as numbers and types of equipment used in previous operations are indicative of similar numbers and types for succeeding years. Releasing such information would thus benefit criminal networks, enabling them to change their modus operandi 1 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
1

and, consequently, result in hampering the course of ongoing and future operations of a similar nature. Lastly, the documents contain information regarding the number and profiles of officers deployed in the operational area. Disclosing such information would be tantamount to disclosing the weaknesses and strengths of Frontex operations and pose a risk to their effectiveness. For those reasons, if the documents were released, the course of ongoing and future similar operations would be hampered, ultimately defeating their purpose to counter and prevent cross-border crime and unauthorized border crossings. A partial release of the documents could not be undertaken as its redaction would be disproportional 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. 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
2