Microsoft Word - PAD-2021-00124-after SD

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

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documents which contain the following information: In your response to my confirmatory application under TO/PAD-2020-00250, you had identified eight documents dealing with European Border and Coast Guard Day dinner expenses for the years 2015-2019. These documents were redacted in their entirety for reasons specific to that query. However, I am now requesting unredacted access to these eight documents so that I can better understand the differences between all expenses related to the event held byFrontex in 2015 and the events that took place in the years 2016-2019. This means I need access to possible working methods, know-how, internal organization, proposed and actual prices, budgetary considerations as well as negotiation positions, that these documents may contain. Issues of commercial sensitivity or the protection of market actors is no longer a valid argument given that these events will no longer take place. There is also an overriding public interest due, in part, to amendments tabled by MEPs specifically related to the European Border and Coast Guard Day expenses in the discharge report. Please be informed that Frontex has identified eight documents falling within a scope of this application PAD-2021-00124. The eight documents already formed point 4 of your earlier application PAD-2020- 00250, which were released to you on 22 March 2021 in reply to your confirmatory application PAD- 2021-00042 where these documents, as part of Frontex reconsideration, based on your point 1 of your confirmatory application. As explained to you on 22 March 2021 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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Frontex availed itself of one company for the organization of the events in the years 2016 to 2019 making the redactions necessary for the remainder of the documents as the disclosure of the other pieces of information contained therein would undermine the protection of commercial interests of Frontex and other market actors, in particular information on working methods, know-how, internal organization, proposed and actual prices, budgetary considerations as well as negotiation positions. If released, these pieces of information would impede especially Frontex future ability to participate in the market.1 Consequently, part of this application PAD-2021-00124 directed at the same documents falling under point 4 of your earlier application PAD-2020-00250 to which partial access has been granted on 22 March 2021, I examined whether the earlier refusal of access remains justified in the light of a change in the legal or factual situation which has taken place in the meantime2, i.e. the time between your applications, PAD-2020-00250, PAD-2021-00042 and PAD-2021-00124. However, although the events to which these documents took place in the past, as stated on 22 March 2021 and thus not reopening decision PAD-2021-00042, Frontex had relied on one company for the organization of events between 2016 and 2019 and the future dimension of the pieces of information that were redacted was justified to protect the commercial interests of Frontex and other market actors. If released, these pieces of information would impede especially Frontex future ability to participate in the market. As therefore, no change of the legal or factual situation is ascertainable. Also, your arguments in this application PAD-2021-00124 However, I am now requesting unredacted access to these eight documents so that I can better understand the differences between all expenses related to the event held byFrontex in 2015 and the events that took place in the years 2016-2019. This means I need access to possible working methods, know-how, internal organization, proposed and actual prices, budgetary considerations as well as negotiation positions, that these documents may contain. Cannot lead to a different conclusion as, being based on our reasoning of 22 March 2021, they are now more specific; however, you do not request new documents.3 The documents to which you seek anew access already formed part of your application PAD-2020-00250 to which partial access was granted in the reply to your confirmatory decision PAD-2021-00042. As you thus do not bring forward any arguments demonstrating a change in the legal or factual situation which has taken place since your application PAD-2020-00250, this application PAD-2021-00124 was already covered in our replies to your applications PAD-2020-00250 and PAD-2021-00042. I therefore refer to Frontex decisions concerning PAD-2020-00250 and PAD-2021-00042.4 Pursuant to Article 7(2) of Regulation (EC) No 1049/20015, 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. 1 Reply of 22 March 2021 to confirmatory application PAD-20201-00042 2 Judgment of the Court of Justice of 26 January 2010 in case C-362/08P, Internationaler Hilfsfonds v Commission, para. 56. 3 Ordonnance du 26 octobre 2016 Dans l’affaire T‑611/15, Edeka-Handelsgesellschaft Hessenring mbH c Commission européenne, point 32. 4 Cf. Order of the General Court of 12 March 2008 in case T-443/07, Nuova Agricast v Commission, para. 23. 5 Regulation (EU) 2019/1896 of 13 November 2019 on the European Border and Coast Guard (OJ L 295, 14.11.2019, p. 1). 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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