Microsoft Word - Natalie Gruber (PAD-2021-00060)

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

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1)   The operational plan for the rapid border intervention (RABIT) deployed in the Aegean in 2020 2)   The handbook to the operational plan for the RABIT deployed in the Aegean in 2020 3)   All communications from the Fundamental Rights Office in the form of letters and emails between 01 March 2020 and 31 December 2020 regarding the following topics or that refer to the following: the RABIT deployed to Evros in 2020; the Frontex Joint Operation: JO Flexible Operational Activities Land 2020. Kindly find the documents pertaining to point 3 of your application herewith attached. The non-disclosed part contains personal data, such as names of individuals and/or characteristic features which could lead to the identification of individuals. The disclosure would undermine the protection of privacy and the integrity of the individual, in particular in accordance with European Union legislation regarding the protection of personal data and therefore has to be precluded pursuant to Article 4(1)(b) of Regulation (EC) No 1049/20011. Access to the documents pertaining to points 1 and 2 of your application and more specifically the Operational Plan and the handbook to the Operational Plan for Rapid Border Intervention 2020 must be refused pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001 as, while Rapid Border Intervention 2020 has already been concluded, the evaluation phase is currently ongoing. Findings of evaluations flow into the adjustment of currently ongoing joint operations and planned for the near future. Thus, granting access to those documents at this stage would hamper its evaluation and ultimately jeopardize the European Union’s and Member States’ endeavours to counter and prevent cross-border crime and unauthorized border crossings. This 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 ultimately put the life of migrants in danger. Consequently, 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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releasing documents relating to Rapid Border Intervention 2020 at this stage would undermine the protection of the public interest as regards public security as laid down in Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. For this reason, also no partial release is possible. 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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