Microsoft Word - Ruben Robbesom (PAD-2021-00167) KP DD KP

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

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all communication between the ED and FRO regarding the below mentioned OPLANs and FRO observations on the OPLANS, and the minutes of management board meetings: OPLANs: - Operational Plan of the Rapid Border Intervention Aegean 2020 - Operational Plan of the Rapid Border Intervention Evros 2020 - Operational plan JO Coordination Points 2020 Land - OPLAN JO Montenegro 2020 - OPLAN Minerva 2020 Observations by the FRO provided to OPLANs for 2020 operational activities: - OPLAN of Rapid Border Intervention Aegean 2020 - FRO observations submitted on 04.03.2020 - OPLAN Rapid Border Intervention Evros 2020 – FRO observations submitted on 04.03.2020 - OPLAN Rapid Border Intervention Evros 2020 – FRO supplementary observations submitted on 22.03.2020 - OPLAN JO Montenegro 2020 – FRO observations submitted on 13.07.2020 - OPLAN Minerva 2020 – FRO observations submitted on 04.08.2020 Please be informed that two documents were identified one of which you can find herewith attached with parts not falling under the scope of your application being redacted. Kindly note that access to the other identified document as well as certain sections of the released document has to be refused as they contain information regarding decision-making processes. The ongoing discussions taking place within Frontex and under its auspices require special protection. Namely, disclosing the requested documents, even in parts, would reveal negotiation positions of the 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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stakeholders, which would erode the mutual trust among all participants. Such information would enable third parties to draw preliminary conclusions and thus, hamper ongoing and future decision- making processes. 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(3) of Regulation (EC) No 1049/2001. A partial release of the non-disclosed document could not be undertaken, as 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 materials 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, the partial disclosure of the document 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. 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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