reply-letter-170

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

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1) A list of on the spot visits conducted by fundamental rights officers to Albania since 2019 to date. 2) All correspondence from the Fundamental Rights Office (FRO) since 2019 and up to date related to operations in Albania regarding fundamental rights, pushbacks, collective expulsions, death or injury or abuse of migrants, asylum applicants, refugees. 3) Recommendations, opinions or advisory documents by the FRO regarding the Joint Operation (JO) in Albania from 2019 to date. 4) Information provided by the FRO to the Executive Director about possible fundamental rights violations during the JO in Albania from 2019 to date. 5) All Frontex Serious Incident Reports (SIRs) regarding the JO in Albania, from 2019 to date. 6) Information about the EU Member States participating in the JO in Albania nationalities and numbers. 7) A copy of the agreement, in English, signed by the competent Albanian authority allowing Frontex to operate in Albanian territory. 8) All technical equipment deployed during the JO and available to teams deployed in Albania such as, but not limited by, number of vehicles, marks and models, and others. 9) The Operational Plan (OPlan) regarding the JO in Albania. 10) The risk analysis regarding the deployment of the JO to Albania in 2019 and all subsequent additions to the risk analysis to date. 11) The analysis layer of the European situational picture preceding the JO to Albania and all subsequent additions to the analysis to date. 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
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12) The outcome of the vulnerability assessment preceding the deployment of the JO and all subsequent additions to the vulnerability assessment to date. Kindly be informed that no documents regarding points 1, 4 and 12 are held. Please find the documents concerning points 2 and 3 herewith attached of which some limited parts had to be redacted based on the equally attached “Legend 1”. Regarding point 5 please note that Frontex has identified 24 documents, of which 19 documents are herewith attached, of which some limited parts of the documents had to be redacted based on the equally attached “Legend 2”. The remaining five documents cannot be disclosed as the investigations triggered by these documents are not yet concluded and their disclosure at the present stage would jeopardise the ability of Frontex and Member States to evaluate any irregularities and to verify facts as well as information with a view to make a decision. 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. Consequently, access to the documents has to be refused based on Article 4(2) third indent of Regulation (EC) No 1049/2001 as their disclosure would undermine the protection of the purpose of investigations. Regarding points 6 and 9, three documents were identified, one of which is herewith attached. Access to the “Operational Plans and all annexes of Joint Operation Albania Land 2021” must be refused as releasing the information contained therein would benefit criminal networks, enabling them to change their modus operandi and consequently result in hampering the course of ongoing and future similar operations. This would ultimately obstruct the purpose of such operations: to counter and prevent cross- border crime and unauthorized border crossings. Consequently, the disclosure of the “Operational Plans and all annexes” would undermine the protection of the public interest as regards public security pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. Access to the second document must be refused as, while the Joint Operation Flexible Operational Activities Western Balkans - Albania 2020, has been concluded, its evaluation phase is currently ongoing. Findings of evaluations flow into the adjustment of currently ongoing joint operations and those planned for the near future. Thus, granting access to that document at this stage would hamper its evaluation and ultimately jeopardize the European Union’s and Member State’s 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 – in consequence the release 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. In regard to points 10 and 11, 71 documents were identified out of which 16 can be released with some limited parts falling under exceptions under Article 4 of Regulation (EC) No 1049/2001 and therefore had to be expunged as outlined in the attached “Legend 3”. Access to the remainder of the documents must be refused based on the reasons stated above regarding the non-released documents under points 6 and 9. Concerning point 8, one document has been identified, which cannot be released as it contains information regarding the technical equipment deployed in the operational area by Frontex and Member States. Disclosing such information would be tantamount to disclosing the exact type and capabilities of the equipment and would enable third parties, e.g. by combining this information with other sources, to draw conclusions regarding usual positions and movement patterns. This would open way for abuse, as numbers and types of equipment used in previous operations are indicative of similar numbers and types for succeeding years. Releasing such information would thus benefit criminal networks, enabling 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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them to change their modus operandi and, consequently, result in hampering the course of ongoing and future operations of a similar nature. This would ultimately obstruct the purpose of such operations: to counter and prevent cross-border crime and unauthorized border crossings. In this light, the disclosure of this document would undermine the protection of the public interest as regards public security within the meaning of Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. A partial release 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 parts would be disproportionate to the public interest in the disclosure exercise itself, while the released document would not convey any informative value due to its significantly reduced form. Consequently, the partial disclosure of the document at issue must be refused owing to the circumstances of the present case. The document pertaining to point 7 is publicly available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:22019A0218(01)&from=EN and thus falls outside the framework of Regulation (EC) No 1049/2001. 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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