Microsoft Word - PAD-2021-00174

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

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the 1) minutes, 2) power point presentations and 3) documents shared with the MB members in relation to the MB extraordinary meeting held on 10 November 2020 (https//ec.europa.eu/home-affairs/news/extraordinary-meeting-frontex-management-board- alleged-push-backs-10-november-2020_en). Please note that no documents are held regarding 2. Kindly find the minutes regarding 1 herewith attached. Redactions pertain to: -    Internal decision-making processes regarding current and future activities of Frontex and Member States. The ongoing discussions taking place within Frontex and under its auspices require special protection. Namely, disclosing the redacted parts would reveal negotiation positions of the stakeholders, which would erode the mutual trust among all participants. Such information would enable third parties to draw preliminary conclusions and thus, hamper ongoing and future negotiations. Furthermore, these parts contain opinions for internal use as part of deliberation, the disclosure of which, for the same arguments as above, would hamper future negotiations. Consequently, releasing these parts would seriously undermine Frontex decision making processes. 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 1049/20011. -    Operational information, access to which has to be refused pursuant Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. 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 life of migrants in danger. This would ultimately obstruct the purpose of such operations: to counter and prevent cross-border crime and unauthorized border crossings. Consequently, the disclosure of these pieces of information would undermine the protection of the public interest as regards public security. - 1 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 (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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Concerning 3, kindly note that access to one document has to be precluded as the significant number of elements falling under the same exceptions as stated in regard to 1 do not permit its partial release. The redaction of this document 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 document(s) would not convey any informative value due to its/their significantly reduced form. Consequently, a partial disclosure of the document(s) at issue must be refused owing to the circumstances of the present case. Please find attached the documents falling under agenda items 3 to 4.4 – no documents are held regarding agenda item 5. Kindly be reminded that the copyright of the document/s rests with Frontex and making this/these work/s, available to third parties in this or another form without prior authorisation of Frontex is prohibited. Please also note that Frontex does not assume liability stemming from the use of the document/s. 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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