reply-letter-148

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

/ 2
PDF herunterladen
1. All documents provided to the Consultative Forum (CF) in response to their request for Serious Incident Reports (SIRs) related to alleged violations of fundamental rights reported to Frontex and investigated in Greece from 2016 to date. These are to include: a.       Facts and findings b.       Follow up measures taken by the Agency for years 2020 and 2021 and 2. Agendas and minutes of the Management Board’s (MB) extraordinary meetings from 2016 to date As further specified by you: The minutes and agendas are to be restricted to the time period of 2020-2021 Please find the 15 documents pertaining to your application herewith attached. Please note however, that some limited parts of these documents fall under exceptions under Article 4 of Regulation (EC) No 1049/2001 and therefore had to be expunged with detailed justifications explained in the attached legend. Kindly note that deletions pertaining to: -    “operational information” mean “sensitive operational information” as explained in the attached legend; -    “ongoing decision-making” was necessary as disclosing the redacted parts would seriously undermine 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 and involving numerous stakeholders require special protection. Namely, disclosing the redacted parts would reveal negotiation positions of the stakeholders, which would erode 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
1

the mutual trust among all participants. 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 . -    “international relations” were necessary as their disclosure would undermine the protection of the public interest as regards international relations as laid down in Article 4(1)(a) third indent of Regulation (EC) No 1049/2001 . Effective cooperation with third countries is crucial for Frontex and therefore, the unilateral disclosure of these elements must be refused as such would jeopardise the mutual trust of all parties, an essential prerequisite for establishing international relations. Consequently, the disclosure of those elements would negatively effect on the ability of Frontex and other parties to establish a meaningful cooperation or engagement. Kindly be reminded that the copyright of the documents rests with Frontex and making these works, 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 documents. 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