PAD Partial refusal - plus 15 days

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

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1. access to the documentation in the procedure number 2014/S 209-369425 (https//ted.europa.eu/udl?uri=TEDNOTICE369425-2014TEXTENHTML&tabId=1). 2. to inspect the offers sent by the bidders. Unfortunately, I was unable to find the documents on the referenced page in the link above. The following error occurs. (https//frontex.europa.eu/about-frontex/procurement) At the same time, I would be grateful to know if there was another proceeding that was a continuation of this one. With regard to point one of your application, please find the documents attached. With regard to point two of your application, access to the documents must be refused pursuant to Article 4(2) first indent of Regulation (EC) No 1049/2001 as their disclosure would undermine the protection of commercial interests of legal persons, including intellectual property. In particular, these documents contain technical and economic information of the tenderers, in particular information on the competences and working methods, their know-how, internal organization, cost as well as proposed prices. 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 documents is ascertainable in the present case, these documents cannot be released based on 4(2) first indent of Regulation (EC) No 1049/2001. A partial release of the documents could not be undertaken, as their 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 documents would not convey any informative value due to its/their significantly reduced 1 In accordance with Article 7(3) of 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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form. Consequently, a partial disclosure of the documents at issue must be refused owing to the particular circumstances of the present case. Your further questions fall outside Regulation (EC) No 1049/2001 and were forwarded to Media and Public Relations Office (MPR). 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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