PAD Confirmatory application

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

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1) Operational Plan (including Handbook and Annexes) relevant to the Joint Operation Poseidon covering the period from 1.1.2019 until 31.12.2020 2) Operational Plan (including Handbook and Annexes) relevant to the Return Operation (or: Return Intervention) providing assistance to Greece with regard to readmission from the hotspots to Turkey covering the period from 1.1.2019 until 31.12.2020 3) Terms of cooperation for the European Union Regional Task Forces (EURTF), Ref. Ares(2018)1622597 - 23/03/2018 4) Rules of procedure of the European Union Regional Task Force for migration management support to Greece (EURTF-GR) as endorsed on 4 October 2018 5) Any documents containing updates and/or replacing the documents listed under points 1) to 4). Please be informed that Frontex has identified 6 documents pertaining to points 1 and 2 of your application, 3 of which you can find herewith attached. Kindly note, however, that some limited parts of these documents fall under exceptions under Article 4 of Regulation (EC) No 1049/2001 1 and therefore had to be expunged with detailed justifications next to them. Access to 3 of the identified documents relating to Joint Operation (JO) Poseidon 2020 must be refused pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001 as while JO Poseidon 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 the identified documents relating to JO Poseidon 2020 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. Consequently, releasing documents relating to JO Poseidon 2020 at this stage would undermine the protection of the 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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public interest as regards public security as laid down in Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. In addition, kindly note that Frontex has identified 2 documents pertaining to your points 3 and 4 which you can find herewith attached. Please be informed that Frontex does not hold documents pertaining to point 5 of your application. 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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