reply-letter-87

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

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- all exchange of emails regarding SiR 788/2018 within Frontex, between Frontex and Greek authorities and between Frontex and participating Member States - FRO final report of SiR 788/2018 Please find the documents herewith attached with redactions explained in the attached legend. Access to one document has to be denied as in addition to elements pertaining to justifications 1 and 2, a significant number of elements pertain to -    the modus operandi of law enforcement officials performing border control and/or coast guard duties. Disclosing such information would expose the working methods applied in ongoing and future operations, thus obstructing their effectiveness in prevention of cross-border crime and unauthorised border crossings. In consequence, it would undermine the protection of the public interest as regards public security and thus cannot be disclosed, pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. -    the modus operandi of criminal networks involved in the smuggling of migrants and trafficking in human beings. Its disclosure would jeopardise the work of law enforcement officials and pose a hazard to the course of ongoing and future operations aimed at curtailing the activities of such networks, ultimately obstructing their purpose to counter and prevent cross-border crime as well as to prevent unauthorised border crossings. The disclosure would thus undermine the protection of the public interest as regards public security as laid down in Article 4(1)(a) first indent of Regulation (EC) 1049/2001. -    the technical equipment deployed in the operational area by Frontex and Member States. Disclosing such information would be tantamount to disclosing the exact type and capabilities of the equipment and would enable third parties, e.g. by combining this information with other sources, to draw conclusions regarding usual positions and movement patterns. This would open way for abuse, as numbers and types of equipment used in previous operations are 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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indicative of similar numbers and types for succeeding years. Releasing such information would thus benefit criminal networks, enabling them to change their modus operandi and, consequently, result in hampering the course of ongoing and future operations of a similar nature. This would ultimately obstruct the purpose of such operations: to counter and prevent cross-border crime and unauthorised border crossings. In this light, the disclosure of information regarding the technical equipment deployed would undermine the protection of the public interest as regards public security in the sense of Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. -    debriefing interviews carried out during Joint Operations which aim at enhancing operational activities involving Frontex and participating Member States. The information collected, e.g. in regard to routes, modus operandi and involvement of facilitators and traffickers in human beings, contributes to enhancing situational awareness and supporting criminal investigations in Member States. The disclosure of information provided by the interviewees in confidence may lead to the possible identification of individual migrants by specific criminals who have been facilitating those migrants’ travel from the country of origin to the embarkation points/the sea crossing. In addition, this could create the perception that participation in debriefing interviews would put the interviewee or their relatives at risk. Ultimately, the participation in debriefing interviews would decrease which, in turn, would impede planning and implementation of Frontex operational activities dependent on access to this source of intelligence. Lastly, disclosing the content of the interviews would be equivalent to the disclosure of operational information which forms the base for planning and implementation of current and future joint operations. Consequently, disclosing these documents would undermine the protection of the public interest as regards public security and hence, access is refused pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. -    the reporting tools and methods used by law enforcement officials to conduct border control tasks and counter criminal activities. Its disclosure would jeopardise the implementation of ongoing and future operations, and thus facilitate irregular migration and trafficking in human beings as the effectiveness of law enforcement measures would be significantly reduced. As disclosing this information would undermine the protection of the public interest as regards public security, this part is not disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; Furthermore, access to the document has to be refused as its 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 this document must be refused as such would jeopardise the mutual trust of all parties, an essential prerequisite for establishing and maintaining such international relations. A partial release of the document could not be undertaken, as due to these reasons its 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 document(s) would not convey any informative value due to its/their significantly reduced form. Consequently, a partial disclosure of the document(s) 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. 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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