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E== FRONTEX II EUROPEAN BORDER AND COAST GUARD AGENCY Serious Incident Report no. 830 Reporting date: 09/04/2019 01 :30 PM Last modification date: . Text Removed - Last modification done by: Reportmg person: .fi . I Just1 1cat1on FSC SIR Category 2 Fundamental Rights NGOs allegedly pushed back from Croatia to Subject Bosnia and Herzegovina and Serbia Type of SIR 1 Initial SIR JORA Incident number (if any) Joint Operation Text Removed - Justification 2 Frontex SIR Coordinator Fundamental Rights Officer Incident date/time 09/04/2019 01 :21 PM Detection date/ time 09/04/2019 01 :21 PM Original source of the information Croatia with Bosnia and Herzegovina and Serbia Location of the incident border Is latitude unknown Yes Latitude Is longitude unknown Yes Longitude Reference to the operational area No Frontex resources involved (Human resources I co-financed technica l No equipment) Type of resources / involvement Dead persons Injured persons Missing persons
In formation/allegations According to Open Sources On 02/04/2019 A group of 30 MEP called upon the Commission to take action against alleged push -backs from Croatia to Bosnia and Herzegovina and Serbia . The requirement is based on some reports made by various NGOs including No Name Kitchen, Are you Syrious, Human Rights Watch , Border Violence Monitoring, Amnesty International and Medecins sans Frontieres. The NGO Are You Syrious? said that 10,000 migrants were ejected from Croatia in 2018. The Centre for Peace Studies and the Welcome Initiative said to "All testimonies indicate that systematic and organized collective push -backs of refugees from EU territory are happening". Measures FRO is proposed to act as SI -Coordinator Assessment Fi nal outcome
Disclaimers of Non-disclosure 1 Personal Data Names and/ or contact details The non-disclosed text contains personal data, in particular, the name of an individual. Its disclosure would affect the privacy and integrity of the individual and is therefore precluded pursuant to the exception laid down in Article 4(1 )(b) of Regulation (EC) No 1049 /2001. 1 Medical data The non-disclosed text contains information about the medical condition of an individual participating in Frontex activities. The disclosure of such information would undermine the protection of the privacy and the integrity of the individual as protected by European Union laws regarding the protection of personal data. In this regards the text is not disclosed pursuant to the exception laid down in Article 4(1) (b) of Regulation (EC) No 1049/2001. 2 (plural) Names and/or contact details The non-disclosed text contains personal data, in particular the names of individuals. Its disclosure would affect the privacy and integrity of the individuals and is therefore precluded pursuant to the exception laid down in Article 4(1 )(b) of Regulation (EC) No 1049 /2001. 3 Medical data The non-disclosed text contains information about the medical condition of the individuals participating in Frontex activities. The disclosure of such information would undermine the protection of the privacy and the 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). 2 Regulation (EC) No 1049/2001 of the European Parliament and of the Council af 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5 .2001, p. 43) . 3 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).
integrity of the individuals as protected by European Union laws regarding the protection of personal data. In this regards the text is not disclosed pursuant to the exception laid down in Article 4(1) (b) of Regulation (EC) No 1049 /2001 .4 2 Reporting tools and methods used by law The non-disclosed part contains detailed information related to reporting tools and methods used by law enforcement officials to conduct border control tasks and counter criminal activities. Its disclosure would enforcement officials jeopardize 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 5 • 3 Sensitive operational information The non-disclosed text cannot be released as it refers to details crucial for situational awareness at the external borders of the European Union which is used by Frontex to conduct its operational activities and to develop risk analyses. The disclosure of this information would hamper the effectiveness of Frontex operations and jeopardise the efforts carried out by the European Union and Member States to curtail criminal activities at the external borders. It would thus benefit criminal networks especially those involved in people smuggling and trafficking in human beings, which would put the life of migrants in danger. Hence, the disclosure of the information pertaining to this variable would undermine the protection of the public interest as regards public security and has to be refused based on Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. The information related to this non-disclosed text is also used for the development of risk analyses, which constitute a specific form of internal decision-making processes based on the intelligence derived from previous and presently ongoing activities and have a bearing on the conduct of current and future operations. Being an important base for determining the strategic orientation of the Agency, the possibility to conduct such analyses without interference is crucial for Frontex to effectively exercise its mandat e. Consequently, releasing this information would enable third parties to gain insights int o this decision making process and, with ascertainable likelihood, result in depriving Frontex of the possibility to conduct such analyses wholly independently, free from any external pressure or third-party influence. In sum, releasing this information would seriously undermine Frontex internal decision making-processes. As no overriding public interest that is objective and general in nature and not indistinguishable from individual or private 4 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). 5 Regulation (EC) Na 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).
interests for the release of this information is ascertainable in the present case, information pertaining to this variable cannot be released based on Article 4(3) of Regulation (EC) No 104912001. 4 Number and profile of Human Resources The non-disclosed parts contain information regarding the number and profiles of officers deployed in the operational area. Disclosing such information would be tantamount to disclosing the weaknesses and strengths of Frontex operations and pose a risk to their effectiveness. As a result, the course of ongoing and future similar operations would be hampered, ultimately defeating their purpose to counter and prevent cross -border crime and unauthorized border crossings. Consequently, the disclosure of such information would undermine the protection of the public interest as regards public security as laid down Article 4(1 )(a) first indent of Regulation (EC) 1049/2001 6 • 'Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Counci l and Commission documents (OJ L 145, 31.5.2001, p. 43) . 2
