Microsoft Word - PAD-2021-00115

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

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- Any document produced by Legal and Procurement Unit, including (but not limited to) email exchanges with other internal units or external actors, legal analysis, briefing notes, minutes and presentations related to the scope, extent and limitations, tactical instructions to deployed officers, or any other guidance, regarding situations of interceptions at sea by Frontex deployed vessels. - Any document produced by the Fundamental Rights Officer, including (but not limited to) email exchanges with other internal units or external actors, legal analysis, briefing notes, minutes and presentations related to the scope, extent and limitations, fundamental rights assessments/reports/notes, tactical instructions to deployed officers, or any other guidance, regarding situations of interceptions at sea by Frontex deployed vessels. Timeframe: March 2020 until today. For which you clarified - Documents meaning = (i) email exchanges with other internal units or external actors; (ii) legal analysis or notes; (iii) fundamental rights assessments, reports or notes; (iv) briefing notes and (v) minutes from meetings. - Related to = how deployed officers running coastal patrol boats or vessels and offshore patrol vessels in the Aegean Sea shall/should conduct interceptions at sea. -Documents (as defined above) produced by (i) Legal and Procurement Unit and (ii) Fundamental Rights Office. Please be informed that in regard to your point 1, Frontex has identified one document, access to which has to be denied as its disclosure would undermine the protection of legal advice as its release would result in Frontex Legal and Procurement Unit, which created this document, no longer providing frank, objective and comprehensive advice to the remainder of the Agency and/or Member States as the sphere of trust, in which this advice, embodied in the document, was provided, would be severely impaired. As all Frontex entities and/or Member States of the European Union have an interest in 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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receiving such frank, objective, and comprehensive legal advice in order to make informed decisions, its release has thus to be refused. 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 elements is ascertainable in the present case, based on Article 4(2) second indent of Regulation (EC) No 1049/2001, this document cannot be released. A partial release of the document(s) 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(s) would not convey any informative value due to its/their significantly reduced form. Consequently, a partial disclosure of the document(s) at issue must be refused owing to the particular circumstances of the present case. Please find the documents related to your point 2 herewith attached. Kindly note however that some limited parts of these fall under exceptions under Article 4 of Regulation (EC) No 1049/2001 and therefore had to be expunged with detailed justifications based on a number code explained in the equally attached legend. If no number code is indicated, the redactions pertain to personal data as explained in the legend. 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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