Microsoft Word - PAD-2021-00326-reply

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

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the Contract on the "Framework Contract (FWC) for the supply of service weapons (compact 9x19 mm semi-automatic pistol), ammunition and accessories" between the European Border and Coast Guard Agency (FRONTEX) and Mildat Sp. z o.o., as well as Parasnake Arkadiusz Szewczyk as further specified by you on 18 November 2021: Poland-Warsaw: Framework Contract (FWC) for the supply of service weapons (compact 9x19 mm semi-automatic pistol), ammunition and accessories 2021/S 210-548978 Contract award notice Results of the procurement procedure Supplies Reference number: Frontex/2021/0395/OP/MS Please find one document herewith attached. However, please note that some limited parts of it had to be redacted as they contain personal data, such as names of individuals and/or characteristic features which could lead to the identification of individuals. The disclosure of these parts would undermine the protection of privacy and the integrity of the individual, in particular in accordance with European 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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Union legislation regarding the protection of personal data and therefore it has to be precluded pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001.1 Please also note that access to the tender bid forming Annex II to the contract, as well as to the compliance matrix forming part of Annex I, has to be refused as its disclosure would undermine the protection of the commercial interests of legal persons, including intellectual property. In particular, these documents contain technical and economic information of the tenderer, more precisely information on the competences and working methods, his/her know-how, internal organisation, 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 Article 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 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 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. 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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