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Dear applicant, Thank you for your interest in the activities of the European Maritime Safety Agency (EMSA). Please also note that, in line with the provisions of Regulation (EC) No 1049/2001, “applications for access to a document shall be made in any written form, including electronic form, in one of the languages referred to in Article 314 of the EC Treaty and in a sufficiently precise manner to enable the institution to identify the document.” Considering the above legal basis, it is EMSA’s assessment that the subject matter of your request is not defined “in a sufficiently precise manner” as to enable the Agency to identify the document(s) being requested. Concluding, be so kind to clarify the subject matter of your application by: - Clearly identifying the topic/ subject matter of your interest; - Clearly identifying documents you want access to related to this topic/ subject matter; - Add any other relevant references/information which might enable EMSA to identify the document(s) you are asking access to. These clarifications will enable EMSA to understand which document(s) you are seeking access to and the purpose of this request, to ensure that it will be addressed properly. Once the scope of your application is clarified EMSA will proceed with registration and processing of your application in line with the provisions of Regulation (EC) No 1049/2001. We would like to draw your attention to the fact that, for applications in the remit of Regulation (EC) No 1049/2001, the channel to be used is: EMSA website/ Publications/ EMSA Documents/Documents Request Form, that will ensure a prompt handling. In relation to your request for a direct reply to your given email address and not via a web platform, we draw your attention to the fact that the platform used redacted this information from your application therefore the only contact detail that appears in your application/email is the email associated to your platform account. Kind regards, EMSA Document Access Coordinator

Dear European Maritime Safety Agency, Thank you for your message. Please note the following clarifications: - Clearly identifying the topic/ subject matter of your interest: Communication and information exchange between EMSA and Frontex - Clearly identifying documents you want access to related to this topic/subject matter: Written communication about detection of distress cases, This could be direct messages between the agencies but also documents on how this information is shared, mission reports, protocols, etc. - Add any other relevant references/information which might enable EMSA to identify the document(s) you are asking access to: In particular, I would like to further understand the way information is gained through aerial reconnaissance and shared between the two agencies. We would also like to know how frequently and close this collaboration is in practice and how often EMSA is alerting the European Coast Guard Agency about distress cases. I hope this helps to clarify my request. Thank you, J. << Antragsteller:in >> Anfragenr: 258111 Antwort an: <<E-Mail-Adresse>> Laden Sie große Dateien zu dieser Anfrage hier hoch: https://fragdenstaat.de/a/258111/

Dear Ms. << Antragsteller:in >> Thank you for your reply to our clarifications request. In the context where EMSA and Frontex, in line with our given mandates, have a wide area of collaboration and exchanges, after an initial assessment our findings are that: - In line with the content of the clarifications provided we understand that your particular interest is in documents relating to "detection of distress cases " & "the way information is gained through aerial reconnaissance and shared between the two agencies. We would also like to know how frequently and close this collaboration is in practice and how often EMSA is alerting the European Coast Guard Agency about distress cases." Firstly, kindly define what do you mean by "distress cases". Secondly, kindly confirm that by "aerial reconnaissance" you mean Remotely Piloted Aircraft Systems (RPAS) related services. - Your application references exchanges with a third party or third party documents. In line with the provisions of Article 4.4 and 4.5 of Regulation 1049/2001, disclosure of such documents may entail consultations with the respective third party, which may delay the reply process or require redactions on the content of the respective documents, which at the end may have no informational value. Kindly confirm you are still interested in such documents, even if these are fully/partially redacted or could delay the initially foreseen time-limit for reply. Alternatively, you may narrow the scope of this application to only EMSA documents, general framework collaboration documents, etc. If you wish to narrow down your application as the second option – kindly provide us with further details on this. - Your application references repeatedly the fact that you are interested in "the way" the collaboration works between the two Agencies. Considering the second bullet point above, would you be interested alternatively to receive under "access to information" a reply explaining the modus operandi of the collaboration between the two Agencies in the domain of Remotely Piloted Aircraft Systems (RPAS) services, or you prefer continuing with the "access to documents" application once the subject matter is clarified? Note that the institutions (e.g. Agencies) may, in particular cases in which the volume of documents for which access is requested or in which the number of passages to be censured would involve an inappropriate administrative burden, balance the interest of the applicant for access against the workload resulting from the processing of the application for access in order to safeguard the interests of good administration (Council v Hautala, C 353/99 P, EU:C:2001:661, paragraph 30, and Strack v Commission, C 127/13 P, EU:C:2014:2250, paragraph 27). In trying to find a balanced fair solution and considering the general subject matter, high volume of documents potentially associated and the limited resources and legal time-line for reply, we look forward in receiving further clarifications on the above points. Finally, please note that the 15 working days for EMSA to reply will start counting from the registration date, whereby your application will be registered only after we have received and assessed your clarification(s). Bear in mind that EMSA has the prerogative to revert back with further clarifications requests as per Article 6.2 of Regulation 1049/2001. Thank you for your understanding. Kind regards, EMSA Access to Documents Coordinator

Dear EMSA, Thank you for your email. First, as a definition of "distress," I would like to refer to the Maritime SAR Convention definition: "a situation wherein there is reasonable certainty that a person, a vessel or other craft is threatened by grave and imminent danger and requires immediate assistance“ Second, I confirm that by "aerial reconnaissance" I mean services related to Remotely Piloted Aircraft Systems (RPAS). Third, with respect to your second bullet point, I confirm that I remain interested in such documents. However, I am also interested in "EMSA documents, general framework collaboration documents, etc." and would like to suggest that you split the request given the scope of the request. Specifically, perhaps you could first register the portion of the request that relates to EMSA documents, and then register the documents that require consultation with a third party. The same suggestion applies to your third bullet point. I would like to receive both types of responses, first, "a response explaining the modus operandi of the cooperation between the two Agencies in the area of Remotely Piloted Aircraft Systems (RPAS) services," but also, in a separate registration, the documents that require consultation with a third party. I hope that my proposal to split the requests into two is a reasonable solution given the volume of documents and your limited resources. Please let me know if you require additional specifications. Thank you, << Antragsteller:in >> << Antragsteller:in >>

Dear applicant, Thank you again for your interest in the activities of the European Maritime Safety Agency (EMSA). We inform you that the scope of your application has been clarified as: Communication and information exchange between EMSA and Frontex in relation to detection through "aerial reconnaissance" (i.e. Remotely Piloted Aircraft Systems) of "distress situations" (i.e. situation wherein there is reasonable certainty that a person, a vessel or other craft is threatened by grave and imminent danger and requires immediate assistance) from January 1, 2021 to date. In relation to the proposed splitting the of the application, given the scope, it is EMSA decision to treat both EMSA documents and third party documents under the same application. EMSA also takes note that additionally to the access to documents application which you wish to continue with, you also want to submit an access to information request. Kindly find that this is the channel for access to documents related applications only. To submit a separate request for information kindly use the appropriate channel indicated in our website - https://emsa.europa.eu/contact/contac.... Please be informed that your application has been registered and will be processed in line with the provisions of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to documents. You will receive a reply within 15 working days. Kind regards, EMSA Document Access