reply-letter-197

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

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- FRONTEX 1)   All and any communication between the Greek Minister of Migration, Notis Mltarachls, and/ or his offic e and the European Border and Coast Guard Agency regarding the retu rn of 1,450 third country nationals mentioned In the video statement. If the number specified In the statement Is not accurate, the accurate number of third country nationals the Greek government requested to be returned. Z)   All and any communication between the Greek government and the European Border and Coast Guard Agency regarding the retur n of the third country nationals mentioned in the video statement 3)   All and any communication between the Greek government and the European Border and Coast Guard Agency regarding the nationalities of the third coun try nationals requested to be retur ned and mentioned In the video statement 4)    All and any communication between the Greek government and the European Border and Coast Guard Agency regarding the coun trylle s the third country nationals mentioned are to be retur ned 5)   All and any communication f ram the Greek government regarding the legal basis for retu rn of the mentioned third coun try nationals (I.e. rejec tion of asylum appl icati on afte r second level appeals, rejec tion of asylum application on adm issib ility grounds etc.) which was clari fied by you as follows: In my initia l email I had narrowed down my infor mati on request by refe rring spec ifica lly to communications relat ed to the request the Greek government has made to the Agency (Frontex) In relat ion to the retu rn of 1,450 third coun try nationals, based on the publ ic state men t made by Greek Migr ation Minister, Notis Mltarachls on January 14, 2021 (see source below). By "any and all communications" I refe r to: • regu lar exchange of Infor mati on between Greece and the Agency - the request made by the Greece, as an EU Member State, to Frontex to retu rn 1,450 third coun try nationals according to Artic le 48 of Regulation (EU) No. 201911896 fron tex - European Border and Coast Guard Agency www.frontex.europa.eu I Pl. Europejskl 6, 00·844 Warsaw, Poland I Tel. +48 22 205 95 00 I Fax • 48 22 205 95 01
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FR ON TE X · informa tion contained in the                       . related to:                              request or rn another communication from Greece to Frontex · the national ities of the third country nationals· - the countryI ies they are to be returned·                  ' seekers rejected on firstls - thd~ir legal status in Greece (e.g. non-dsylum applicants, asylum econ instance etc.) · Frontex's response to the request ~inform ation exchanged between the Greek national contact point for communication and the gency related to the return of 1,450 third country nationals from Greece th ·     e reque~t ma~e by the Greece, as an EU Member State, to Frontex to return 1,450 third country nationals rn accordance to Article 53 of Regulation (EU) No. 2019/ 1896 · informa tion contained in the request or in another form of communication from Greece to the Agency under Article 53 of Regulation (EU) No. 2019/ 1896 Please be informe d that we identifie d two documents. Access to them must be refused as its disclosure would undermi ne the protectio n of the public interest as regards international relations as laid down in Article 4(1 )(a) third indent of Regulation (EC) No 1049/2001l1I. Effective cooperation with third countrie s is crucial for Frontex and therefor e, the unilatera l disclosure of these document must be refused as such would jeopardise the mutual trust of all parties, an essential prerequisite for establishing internat ional relations and ensuring the effectiveness of negotiations in this regard. Moreover, the formulat ion of negotiating positions involves number of tactical considerations of all negotiat ors involved - including Frontex. Consequently, the disclosure of the documents would negative ly effect on the ability of Frontex and other parties to establish a meaningf ul cooperation or engagement. In this regard, it is not possible to provide further information as to further justifications impedin g the disclosure of the documents without revealing their contents and thereby depriving this exceptio n of its very purpose. A partial release of the documents could not be undertaken, as the redactin g would be disproportional in relation to the parts that are eligible for disclosure, simultaneously undermining the principle of sound adminis tration. More specifically, the administrative burden necessary to identify and redact the releasable material s would be disproportionate to the public interest in the disclosure exercise itself, while the released documents would not convey any informative value due to their significantly reduced form. Consequently, the partial disclosure of the documents at issue must be refused owing to the circumstances of the present case. 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 confirma tory 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 applicat ion. You can submit your confirma tory application by post or electron ically. /II Regulation (EC} No 1049/2001 of the European Parliamen t and of the Council of 30 May 2001 regarding public access to European Parliamen t, Council and Commission documents (OJ L 145, 31 . 5.2001, P· 43). Frontex - European Border and Coast Guard Agency                                                                             01 4   22 205 95 www.fron tex.europa.eu I Pl. Europejski 6, 00-844 Warsaw, Poland I Tel. +48 22 205 95 00 I Fax • 8
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