Dear European Border and Coast Guard Agency,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

I would like to request the Serious Incident and/ or Incident Reports for,

Incident Reports numbers:
149205
149549
150769
150769
151863
151984
151985
152052
152149
152311
152551
153103
153106
153597
154258
155613
156240
156256
156274
156299
156530
156544
156551
156576
156581
156582
156583
156604
156638
156639
157199
157659
157736
157738
157776
158322
159323
160569
160613
160616
160862
161107
161509
161857
163133
163267
163364
163505
166693
168104
168314
168385
168570
168736
170369
170509
171820
172876
173211
173289
173380
173602
174404
174983
175079
175435
175821
175822
176902
176925
176946
176994
177106
177872
177931
177981
179143
179251
179260
179294
179297
179620
179655
179657
179658
179769
179989
180140
180392
180455
182137
182161
182781
183112
183151
183168
183171
313159
321346
332139
337285
338529
340077
346582
351238
351623
355773
359321
360856
469804
504296
510201
625237
625257
971320
1008703

from EPN Trition 2014.

Yours faithfully,

Ute Gerbershagen

Dear European Border and Coast Guard Agency,

Please note that I meant to say ... "from EPN Trition 2016" as referenced in the Subject line, too.

Yours faithfully,

Ute Gerbershagen

PAD, European Border and Coast Guard Agency

Dear Ms Gerbershagen,
 
Thank you for your interest in Frontex activities 
 
Your applications under references CMS-2018-00009-0623,
CMS-2018-00009-0624 and CMS-2018-00009-0626, requesting respectively for a
copy of specific (serious) incident reports from JO Triton 2016, a copy of
specific (serious) incident reports from JO Triton 2015 and a copy of
specific (serious) incident reports from JO Triton 2017, list a large
number of documents. Kindly indicate, in order to better serve your needs,
whether you would consider the Transparency Office to respond to your
applications successively following the order of submission.  
 
As regards the part of your application requesting for clarification on
the categories of Serious Incident Report and Incident Report. What
definition or indicators are used when classifying an incident under the
categories Serious Incident or Incident,  please note that it will be
handled by the Press Office (in cc).
 
Please be informed that the applicable deadline will continue to run once
we found a solution.
 
Yours sincerely,
 
Transparency Office
+48 22 205 9500
[1][email address]
 
 
Frontex - European Border and Coast Guard Agency
[2]www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: [3]+48 22 205 9500 · Fax:
+48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.
 
 

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Dear PAD,

It would be ideal if you could respond to my requests successively, by order of submission. That way the data/reports will be categorized/responded to by year -as reflected in the requests. Please be advised that I have yet to receive the information originally requested on Sept 2, concerning incident reports for 2014 Triton. Thanks very much for your work, I look forward to receiving the information.

Yours sincerely,

Ute Gerbershagen

Press, European Border and Coast Guard Agency

Dear Ms Gerbershagen,
 
Thank you for contacting us.
 
Please see below the answer to your questions.
 
A Serious Incident is an event or occurrence, natural or caused by human
action, which may affect, or be relevant to a particular Frontex activity,
the safety and security of participants in Frontex activities, the
Agency’s mission and reputation, or any combination thereof. Serious
Incidents also include situations of possible violations of European Union
(EU) acquis or international law, in particular related to Fundamental
Rights (FR) and international protection obligations. Finally, Serious
Iincidents include any violation of the Frontex Code of Conduct (CoC)
applicable to all persons participating in Frontex operational activities
and the Code of Conduct (CoC) for Joint Return Operations coordinated by
Frontex.
 
Incidents refer to the general concept of a case/situation which
(according to the operational plan of the Joint Operation) requires a
specific action by the participating authorities.
 
Best wishes,
 
Frontex Press Office
 
 
Frontex - European Border and Coast Guard Agency
[1]www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: [2]+48 22 205 9500 · Fax:
+48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.
 
 

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PAD, European Border and Coast Guard Agency

Dear Ms. Gerbershagen,

Thank you for your reply and consent to the solution proposed.

As your application under reference CMS-2018-00009-0623 [A copy of specific (serious) incident reports from JO Triton 2016] falls under the regime of 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, we will now commence the processing of your application and will reply within 15 working days, i.e. by 30 October 2018 including.

Once application CMS-2018-00009-0623 is concluded, we will process application CMS-2018-00009-0624 [a copy of specific (serious) incident reports from JO Triton 2015], and by the same token upon the conclusion of the latter, we will process CMS-2018-00009-0626 [a copy of specific (serious) incident reports from JO Triton 2017]. We will inform you about the registration of each application accordingly.

As regards your application under reference CMS-2018-00009-0004 [a copy of specific incident reports from JO Triton 2014], based on our relevant correspondence you will receive our response by 18 October 2018.

Please do not hesitate to contact us regarding any questions you would have.

Yours sincerely,

Transparency Office
+48 22 205 9500
[email address]

Frontex - European Border and Coast Guard Agency

www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

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Dear PAD,

I appreciate the efforts made in responding to these requests. Nevertheless, I need to express my disappointment with the process and the time it has taken to receive the requested information, that I'm still waiting for. I started this process on Nov 22nd 2017: in short the requests I've made in 2018 are in fact an extension of my original request for incident reports involving commercial ships under operation Triton. After the limited response I received to my original request, I reviewed other FOI requests which provided incident numbers and verified that the responses I received in 2017 were incomplete.

While I appreciate the semantic significance of specifying data requests, this process has breached what I consider to be reasonable. Especially, now that I have requested specific incident numbers, for specific years, for a specific operation. When I agreed to receive the information requested in "succession" I had hoped the 15 day requirement would, at the very least, be upheld. I do not wish to extend this process further, and hope that my documenting this concern does not result in further delay. Thanks for your continued service.

Yours sincerely,

Ute Gerbershagen

PAD, European Border and Coast Guard Agency

2 Attachments

Dear Ms. Gerbershagen,

Please find enclosed our response to your application for access to documents.

Please do not hesitate to contact us with any question you may have.

Yours sincerely,

Transparency Office
+48 22 205 9500
[email address]

Frontex - European Border and Coast Guard Agency

www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

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PAD, European Border and Coast Guard Agency

1 Attachment

Dear Ms. Gerbershagen,

Please receive attached a file that due to a software glitch was not conjugated at the correspondence.

Yours sincerely,

Transparency Office
+48 22 205 9500
[email address]

Frontex - European Border and Coast Guard Agency

www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.

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