reply-letter-19

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

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All policies, guidelines, SOPs, assessments, studies or any other relevant email exchanges related to mental health and psychological impact on Frontex staff (i.e. FOC as well as Frontex deployed officers, and also staff at the FSC) of all type of operations (i.e. Frontex operations at sea, land and air). You indicated as relevant timeframe for the email exchanges: 1 January 2020 to 1 May 2021 Please be informed that the following documents are publicly available: Frontex        Mental         Health        Strategy        (https://op.europa.eu/en/publication-detail/- /publication/89c168fe-e14b-11e7-9749-01aa75ed71a1/language-en), Frontex OSH Mental Health Factors (https://op.europa.eu/en/publication-detail/- /publication/5284ca79-e3a6-11e7-9749-01aa75ed71a1), Psychological             Impact           of        participating           at         Return          Operations (https://op.europa.eu/en/publication-detail/-/publication/ed2f34cb-4c80-11ea-b8b7- 01aa75ed71a1), and thus made available to you through the above links outside the framework of Regulation (EC) No 1049/2001. Please find the additional five documents 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 as they contain: 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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-   detailed information related to reporting tools and methods used by law enforcement officials to conduct border control tasks and counter criminal activities. Its disclosure would jeopardize the implementation of ongoing and future operations, and thus facilitate irregular migration and trafficking in human beings as the effectiveness of law enforcement measures would be significantly reduced. As disclosing this information would undermine the protection of the public interest as regards public security, this part is not disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. -   information regarding the number and profiles of officers conducting border control tasks and counter criminal activities. Disclosing such information would be tantamount to disclosing the weaknesses and strengths of Frontex operations and pose a risk to their effectiveness. As a result, the course of ongoing and future similar operations would be hampered, ultimately defeating their purpose to counter and prevent cross-border crime and unauthorized border crossings. Consequently, the disclosure of such information would undermine the protection of the public interest as regards public security as laid down Article 4(1)(a) first indent of Regulation (EC) 1049/2001. -   details crucial for situational awareness at the external borders of the European Union which is used by Frontex to conduct its operational activities and to develop risk analyses. The disclosure of this information would hamper the effectiveness of Frontex operations and jeopardise the efforts carried out by the European Union and Member States to curtail criminal activities at the external borders. It would thus benefit criminal networks especially those involved in people smuggling and trafficking in human beings, which would put the life of migrants in danger. Hence, the disclosure of the information pertaining to this variable would undermine the protection of the public interest as regards public security and has to be refused based on Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. -   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 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 information regarding the technical equipment deployed 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. -   personal data, such as names of individuals 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 1049/2001. -   information, whose disclosure 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 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. With reference to the document “Psychological Assessment and Recommendations” please be further informed that working conditions of personnel concerned are governed by the applicable rules of the labour law of the European Union2 and Frontex internal provisions.3 2 Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials (the ‘Staff Regulations’) and the Conditions of Employment of Other Servants (the ‘CEOS’) of the European Economic Community and the European Atomic Energy Community (OJ P 045 14.6.1962, p. 1385), Council Regulation (ECSC, EEC, Euratom) No 300/76 of 9 February 1976 determining the categories of officials entitled to allowances for shift work, and the rates and conditions thereof (OJ L 38, 13.2.1976, p. 1–2). 3 E.g. Management Board Decision 12/2017 of 30 March 2017 on secondment of national experts to Frontex. 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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Additionally, please be informed that after the establishment of the European Standing Corps, in January 2021 the Frontex Situation Centre was reinforced by twenty additional staff to increase its capacity in line with findings and observations of the report on “Psychological Assessment and Recommendations”. The European Standing Corps officers are deployed to the Frontex Situation Centre for a one-year assignment, which can be prolonged for another one-year period unless they are assigned to another European Standing Corps function. This policy aims at ensuring a balance between the need to train specialized staff in the working methods of the Frontex Situation Centre while at the same time to provide Standing Corps officers an opportunity for professional development in other fields of service. Please be informed that access to one further document identified as falling within the scope of your application has to be refused as it contains information relating to reporting tools and methods of law enforcement officials, personal data and on an ongoing decision-making process es explained above. 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 elements would be disproportionate to the interest in the disclosure exercise itself, while the released document would not convey any informative value due to its significantly reduced form. Consequently, a partial disclosure of the document at issue must be refused owing to the particular circumstances of the present case. Kindly be reminded that the copyrights of the documents rest 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
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