Microsoft Word - PAD-2021-00094 Response draft

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

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DATE 13.01.2020 JO/AREA Poseidon Sea 2019 (Aegean Sea) EVENTS Frontex deployed team member – improper behaviour DATE 25.01.2020 JO/AREA FOA 2019 Land on Border Surveillance / SE EVENTS Dead body found in Evros area DATE 01.03.2020 JO/AREA Flexible Operational Activities 2020 Land EVENTS Incident involving Frontex DEU Team Members entering a military restricted zone while off duty DATE 11.03.2020 JO/AREA Rapid Border Intervention Aegean 2020 EVENTS Fixed Wing Aircraft intercepted by 2 Turkish Airforce fighters F-16 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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DATE 09.03.2020 JO/AREA FOA 2019 Land on Border Surveillance / SE EVENTS Dead body found in Evros area Please find the documents regarding points 2 to 4 herewith attached. Kindly note however, that some limited parts of these documents fall under exceptions under Article 4 of Regulation (EC) No 1049/20011 and therefore had to be expunged with detailed justifications outlined in the legend attached them. A regard the document identified under point 1, please be informed that the investigations triggered by this serious incident are not yet concluded and the disclosure of this document at the present stage would jeopardise ability of Frontex and Member States to evaluate any irregularities and to verify facts and information with a view to make a decision. Consequently, access to the serious incident report must be refused based on Article 4(2) third indent of Regulation (EC) No 1049/2001 as its disclosure would undermine the protection of the purpose of investigations. 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. In addition, some limited parts of this document contain personal data, and are indicative of reporting tools and methods used by law enforcement officials, number and profile of human resources and the operational area as outlined in the attached legend. Consequently, a partial release of this document 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 materials would be disproportionate to the public interest in the disclosure exercise itself, while the released documents would not convey any informative value due to their significantly reduced form. Consequently, the partial disclosure of the documents at issue must be refused owing to the particular circumstances of the present case. 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. 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
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