reply-letter-36

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

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Under Regulation (EC) No 1049/2001, I would like to request access to the following documents: 1. Copies of AFIC monthly reports from January 2019, 2020, 2021. 2. Meeting materials with reference to Mali from the AFIC annual conferences of 2017 and 2020. 3. Training materials for any other actors (including private companies) present in Mali. With reference to your point 1, 21 documents have been identified, 16 of which are herewith attached. Kindly 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 with detailed justifications found in the attached legend. Please note that access to the remaining 5 documents pertaining to AFIC reports for 2021 must be refused pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001 as this information pertains 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 life of migrants in danger. This would ultimately obstruct the purpose of such operations: to counter and prevent cross-border crime and unauthorized border crossings. Consequently, the disclosure of the 2021 AFIC monthly reports would undermine the protection of the public interest as regards public security. 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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Furthermore, information pertaining to the 2021 AFIC monthly reports 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 life of migrants in danger. Hence, the disclosure of these documents 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. As regards your point 2, please be informed that Frontex has identified 3 documents, 1 of which is hereby attached with limited parts of it falling under exceptions under Article 4 of Regulation (EC) No 1049/2001 and therefore being expunged with detailed justifications found also in the attached legend. Access to the remaining 2 documents has to be refused as their disclosure would undermine the protection of the public interest as regards international relations as laid down in Article 4(1)(a) third indent of Regulation (EC) No 1049/2001. Effective cooperation with third countries is crucial for Frontex and therefore, the unilateral disclosure of these documents must be refused as such would jeopardise the mutual trust of all parties, an essential prerequisite for establishing international relations and ensuring the effectiveness of negotiations in this regard. Consequently, the disclosure of the documents in question would negatively effect on the ability of Frontex and other parties to establish a meaningful cooperation or engagement. In this regard, it is not possible to provide further information as to further justifications impeding the disclosure of the documents without revealing their contents and thereby depriving this exception of its very purpose. A partial release of all the non-disclosed documents could not be undertaken, 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 documents would not convey any informative value due to their significantly reduced form. Consequently, a partial disclosure of the documents at issue must be refused owing to the particular circumstances of the present case. Kindly note that Frontex does not hold any further documents regarding your point 3 other than those shared already with you under point 3 of your application PAD-2021-00190. 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. 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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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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