reply-letter-45

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

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1. Any agreements under which Frontex has a legal basis to return migrants to third countries. These may include readmission agreements between EU and non-EU states, or other agreements between Frontex and other border agencies in North African states - Egypt, Morocco, Libya, Algeria, Sudan and Tunisia. 2. For the period between January 2017 and January 2021, documents i.e.: a. tenders or contracts with airlines, b. codes of conduct for conducting such flights, c. the details of the flights themselves (number of flights, point of origin and destination, numbers and nationalities on board), or d. guidelines specifying processes for transferring returnees from immigration detention sites to aeroplanes, e. protocols or guidance for ensuring safety on board, and concerning Frontex's involvement with the coordination of flights from the EU to North African countries i.e. Egypt, Morocco, Libya, Algeria, Sudan and Tunisia. 3. For the period between January 2017 and January 2019, meeting minutes, workshop reports between Frontex and external partners (Member States, European Institutions and Agencies and infrastructural industry) about readmission and return operations from the EU o North African states - Egypt, Morocco, Libya, Algeria, Sudan and Tunisia. Please be informed that Frontex does not hold documents indicated in your points 1 and 2(a). As regards your point 2(b), (d) and (e), please be informed that “the Code of Conduct for Return Operations and Return Interventions coordinated or organised by Frontex” and “the Guide for Joint Return Operations by Air coordinated by Frontex” are publicly available at: https://frontex.europa.eu/assets/Key_Documents/Code_of_Conduct/Code_of_Conduct_for_Return_O perations_and_Return_Interventions.pdf https://frontex.europa.eu/assets/Publications/General/Guide_for_Joint_Return_Operations_by_Air_c oordinated_by_Frontex.pdf 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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and thus made available outside the framework of Regulation (EC) No 1049/20011. With reference to your point 2(c), please find one document herewith attached. Concerning your point 3, four documents were identified, access to which has to be refused as they: -    contain sensitive information relating to cooperation with third countries, the disclosure of which would undermine the trust placed in Frontex by them and by the Member States. In case the relationship between Frontex and those third countries is impaired, it is foreseeable that these countries will refrain from cooperating with Frontex, respectively that an engagement of Frontex with these countries will no longer be possible, which would undermine the protection of the public interest as regards international relations as stipulated in Article 4(1)(a) third indent of Regulation (EC) No 1049/2001. -    pertain to an internal decision-making processes regarding the Agency’s current and future return activities. As this process, which is currently taking place within Frontex, with Member States and with third countries requires special protection, the release of the documents at this stage would seriously undermine Frontex decision-making process within the meaning of Article 4(3) of Regulation (EC) No 1049/2001. An overriding public interest is not ascertainable in particular due to the applicability of Article 4(1)(a) third indent of Regulation (EC) No 1049/2001. -    contain detailed information regarding the modus operandi of law enforcement officials performing return and return-related activities. Disclosing such information would expose the working methods used in ongoing and future operations, putting at risk the efforts made by the European Union and its Member States to return third-country nationals who are subject to national return decisions. This would endanger the public order as well as Member States’ security and, concretely, jeopardise the orderly conduct of return flights as well as pose a hazard to the safety of aircraft, passengers and crew. In this light, the disclosure of such information 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) No 1049/2001 and thus has to be refused. -    contain personal data, such as names of individuals. The disclosure would undermine the protection of privacy and the integrity of the individual, 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. A partial release of these 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 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 1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council 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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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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