reply-letter-97

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

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For the period between February 2019 and January 2021, 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 identified three documents, access to which has to be refused as they: - contain sensitive information relating to cooperation with third countries. The disclosure of this information would undermine the trust placed in Frontex by the third countries 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 1049/20011. - pertain to the internal decision-making processes regarding the Agency’s current and future return activities. As the discussions currently taking place within Frontex, with Member States and with third countries require 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 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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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. 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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