reply-letter-31

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

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all SIRs of 1st, 2nd and 4th category related: - to Sophia operation, and issued between march 2015 and march 2020, - to Irini operation, and issued from march 2020 to this day - to Themis operation, and issued from february 2018 to this day Please be informed that 34 Serious Incident Reports (SIRs) have been identified. Please find 32 SIRs attached. Some limited parts of these documents fall under exceptions under Article 4 of Regulation (EC) No 1049/2001 and therefore had to be expunged with detailed justifications in the attached legend. The two remaining SIRs cannot be released as the related investigations are not yet concluded. Consequently, their disclosure at the present stage would jeopardise the ability of Frontex and Member States to evaluate, in this ongoing structured and formalised procedure, any irregularities and to verify facts and information, possibly with a view to take a position. Consequently, access to the remaining two SIRs that are yet not concluded has to be refused based on Article 4(2) third indent of Regulation (EC) No 1049/20011 as their disclosure would undermine the protection of the purpose of investigations. 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. Furthermore, the two SIRs contain elements pertaining to Personal Data, Number and profile of Human Resources, Reporting tools and methods used by law enforcement officials, Sensitive operational information and Number and type of technical equipment as described in the attached legend. Consequently, access to the documents has to be refused based on Article 4(1)(a) first indent and (b) of Regulation (EC) No 1049/2001. A partial release of the two SIRs could not be undertaken, as their redaction would be disproportionate in relation to the parts that are eligible for disclosure and 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 particular circumstances of the present case. 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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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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