reply-letter-25

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

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- All Frontex correspondence with the Libyan Coast Guard (LCG), from February 1, 2021, to February 5, 2021. - All Frontex correspondence with the Libyan General Administration For Coastal Security (GACS) from February 1, 2021, to February 5, 2021 - Serious Incident Reports filed between February 3 and February 6, 2021 - The Daily Reporting Packages for February 3 and February 4 The fourth indent of your application was clarified by you on 21 June 2021: The request is for Joint Operation Themis. May I also extend the request to include Daily Reporting Packages for February 5? Regarding the third indent of your application, please find two documents attached. Please note however, that some limited parts of these documents fall under exceptions under Article 4 of Regulation (EC) No 1049/20011 and therefore had to be expunged as they contain: - information regarding the number and profiles of officers deployed in an operational area. 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 unauthorised border crossings. Consequently, the disclosure of such information contained in the two documents 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) 1049/2001; - personal data, such as names of individuals and/or characteristic features which could lead to the identification of individuals, as well as information on the medical condition of individuals participating in Frontex activities. The disclosure of such information would 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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undermine the protection of privacy and the integrity of the individuals, 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. Concerning the first indent of your application, Frontex has identified 37 emails, access to which has to be refused as they contain: -    sensitive operational information that cannot be released as it refers to 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 lives 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, which is to counter and prevent cross-border crime and unauthorised 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; -    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 jeopardise 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. In light of the above, access to the emails identified has to be refused also based on Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; -    personal data, as explained above. Please be informed that Frontex does not hold documents falling under the second indent of your application. As regards the fourth indent of your application, please be informed that Frontex has identified 32 documents. Those documents contain sensitive information pertaining to an ongoing operation. Releasing this information 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 put the lives of migrants in danger. This would ultimately obstruct the purpose of such operations, which is to counter and prevent cross-border crime and unauthorised border crossings. 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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Consequently, the disclosure of the documents would undermine the protection of the public interest as regards public security. Access to the documents must therefore be refused pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. A partial release of the documents you apply for under the first and forth indent was not possible, as their redaction would be disproportionate 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. Kindly be reminded that the copyright of the documents rests 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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