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 the following documents:

From 2005 to 2010, inclusive:
All Operational Plans for all Frontex operations, including:

- Main part of the Operational Plans;

- all annexes; and

- the Handbooks to the Operational Plans.

Please do not hesitate to contact me if you need any clarification in regards to any aspect of my request.

Thank you in advance.
Yours faithfully,

Arne Semsrott

PAD, Agencia Europea para la gestión de la cooperación operativa en las fronteras exteriores

Dear Mr Semsrott,

We acknowledge receipt of your application CMS-2018-00009-0431 for public access to Frontex documents. Before we are able to process your application, we have to inform you that this and you application (CMS-2018-00009-0432) pertain to a significant number of documents (a preliminary estimate concluded upper several ten thousand pages). We would thus invite you to develop with us a fair solution in order to reconcile your needs with those of good administration.

Furthermore, by adhering to the principle of good administration and in the interest of transparency, we would like to inform you that the redaction required from Frontex under Article 4 of Regulation (EC) 1049/2001 and the hardcopies that are going to be produced in its course, oblige us to charge 20 cent per page plus postage. Should you agree with these conditions, we would proceed carrying out an approximate calculation of the expected costs and communicate it to you beforehand in order to allow you to make the disbursement of the fees.

We are looking forward to finding a fair solution that would accommodate your needs and enable us to organize. We would in any case welcome a phone conversation in this regard.

Yours sincerely,

Transparency Office
Corporate Governance
Tel: +48 22 205 95 00

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 Frontex,

Thank you for your message. While I understand that my application covers a large number of documents, and while I may be willing to find a fair solution (in line with the solutions Frontex has agreed to before, in multiple occasions - for an overview please see: https://www.asktheeu.org/en/body/frontex ) that would enable you to handle the processing of my request in a proportionate manner, I cannot agree to costs that you are suggesting.

I am absolutely sure that Frontex can find a way to redact the documents falling under the scope of my application without having to produce hard copies. You have demonstrated well in past requests that you are using the digital tools necessary for this.

As a matter of fact, in the year 2018, to adhere to the principle of good administration rather means to find an effective, digital way of redacting documents that does not require the printing and scanning of pages, thus avoiding the unnecessary environmental cost and the loss of time the production of hard copies entail, let alone putting a price to EU citizens' exercise of their fundamental right of access to EU documents.

Wishing that Frontex will reconsider its initial offer, I remain at your disposal for an alternative fair solution.

Yours sincerely,
Arne Semsrott

PAD, Agencia Europea para la gestión de la cooperación operativa en las fronteras exteriores

Dear Mr Semsrott,

Thank you for willingness to find a fair solution with regard to your recent applications. As indicated in our email of 20 September 2018, our preliminary estimate concluded that your applications CMS-2018-00009-0431 and CMS-2018-00009-0432 pertain to documents comprising several ten thousands of pages. The retrieval of such amount of documents and their necessary redaction we are required to conduct under Article 4 of Regulation (EC) 1049/2001 would very substantially paralyse the proper working of several units within Frontex, as well as impact on our possibility to exercise our mandate. Moreover, it could deprive other EU citizens or residents from exercising their fundamental right of access to EU documents and jeopardise fair treatment of all applicants which Frontex is committed to.
We would thus kindly invite you to reconsider the scope of your request and/or to indicate those areas of your wide applications you could consider narrowing down.

In regard to the secure redaction as required from Frontex under Article 4 of Regulation (EC) 1049/2001, some units have indeed used – on an experimental basis – certain tools that enabled us to release documents electronically in order to meet the needs of applicants without the production of hard copies while taking care that those parts of documents, which are not to released based on the same Article, remain protected. This is especially challenging for those documents we are obliged to redact partially and no adequate solution which can be used on a regular basis is yet to be found. If the possible modification of your applications would not result in a significant reduction of pages, Frontex would be obliged to charge for those pages that cannot be made available in electronic format.

Unfortunately, we have not yet received a reply in regard to your application CMS-2018-00009-0432 and kindly ask you to clarify whether your reply regarding CMS-2018-00009-0431 can also be considered for this case.

We are looking forward to hearing from you or to discuss your applications by other means to identify possibilities together with you to determine a fair solution.

Transparency Office
Corporate Governance
Tel: +48 22 205 95 00

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Dear PAD,

thank you for your message. I would like to narrow down the scope of my application as follows:

For the year 2005, all Operational Plans for all Frontex operations, including:

- Main part of the Operational Plans; 

- all annexes; and 

- the Handbooks to the Operational Plans.

Yours sincerely,

Arne Semsrott

PAD, Agencia Europea para la gestión de la cooperación operativa en las fronteras exteriores

Dear Mr Semsrott,

We have not yet received a reply to our email of 24 September 2018. Were you able to consider a possible narrowing down//or focussing in regard to your application CMS-2018-00009-0431.

We are thus inviting you to consider a further narrowing down and/or focussing on a specific topic to commonly determine a fair solution.

Yours sincerely,

Transparency Office
Corporate Governance
Tel: +48 22 205 95 00

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Dear PAD,
I have narrowed it down.
Please have a look at the message I sent you: https://www.asktheeu.org/en/request/oper...

Yours sincerely,

Arne Semsrott

PAD, Agencia Europea para la gestión de la cooperación operativa en las fronteras exteriores

Dear Mr Semsrott,

Thank you for resending the information on your proposal. However, the documents identified regarding your application CMS-2018-00009-0431 concerning all Operational Plans for all Frontex operations in 2005 amounts to at least 5,500 pages (based on a preliminary appraisal). Notwithstanding the fact that we would have to levy the costs for producing and sending the copies for those parts requiring redaction under Article 4 of Regulation (EC) 1049/2001, this amount of pages would still very substantially paralyse the proper working of several units within Frontex, as well as impact on our possibility to exercise our mandate. Moreover, it would deprive other EU citizens or residents from exercising their fundamental right of access to EU documents and jeopardise fair treatment of all applicants which Frontex is committed to.

We are thus inviting you to again to consider a further narrowing down and/or focussing on a specific topic to commonly determine a fair solution.

Yours sincerely,

Transparency Office
Corporate Governance
Tel: +48 22 205 95 00

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,
thank you.
Could you provide me with a list of the documents that amount to 5,500 pages in total for 2005? As far as I can see, there was only one Frontex operation in 2005. I can only narrow down my request if you give me the information necessary to do so.

Yours sincerely,

Arne Semsrott

PAD, Agencia Europea para la gestión de la cooperación operativa en las fronteras exteriores

Dear Mr Semsrott,

We have reconsidered your request and take into consideration your narrowing down to documents related to the 2005. Could you please clarify again which documents you are interested in in regard to the 2005 operation?

Yours sincerely,

Transparency Office
Corporate Governance
Tel: +48 22 205 95 00

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Dear PAD,

please have a look at our past conversation in this case. You wanted me to narrow down my request, I narrowed it down. You still haven't specified which documents amount to, as you stated, "at least 5,500 pages" for "all Frontex operations in 2005".

Anyways, I am still requesting, for the 2005 operation, the Operational Plan, including:

- Main part of the Operational Plan;

- all annexes; and

- the Handbook to the Operational Plan.
You can also find my exact same message to you at https://www.asktheeu.org/en/request/oper...

My original request is from mid-September, now it's mid-October.

Yours sincerely,
Arne Semsrott

PAD, Agencia Europea para la gestión de la cooperación operativa en las fronteras exteriores

Dear Mr Semsrott,

Thank you for your narrowing down to:

the 2005 operation, the Operational Plan, including:

- Main part of the Operational Plan;

- all annexes; and

- the Handbook to the Operational Plan.

We hereby register your request, which 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 forward your email to the responsible Unit and get back to you within 15 working days.

In the meantime, should you have any questions regarding your request or public access to documents process, please do not hesitate to contact us.

Yours sincerely,

Transparency Office
Corporate Governance
Tel: +48 22 205 9500

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, Agencia Europea para la gestión de la cooperación operativa en las fronteras exteriores

1 Adjuntos

Dear Mr Semsrott,

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

In case of any questions please do not hesitate to contact us.

Best regards,

Transparency Office
Corporate Governance
Tel: +48 22 205 9500

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, Agencia Europea para la gestión de la cooperación operativa en las fronteras exteriores

1 Adjuntos

Dear Mr Semsrott,

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

In case of any questions please do not hesitate to contact us.

Best regards,

Transparency Office
Corporate Governance
Tel: +48 22 205 9500

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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