Antrag nach EU-Verordnungen 1049/2001 sowie 1367/2006 Sehr geehrte Damen und Herren, auf Basis der Verordnungen 1049/2001 sowie 1367/2006 bitte ich Sie um Übersendung von Dokumenten, die folgende Informationen enthalten:

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00300 Please be informed that the link is valid for 15 working days **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, Thank you for your interest in European Border and Coast Guard Agency (Frontex) activities. We hereby acknowledge receipt of your application. We are currently consulting with the responsible unit and will revert back to you promptly. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00300 Please be informed that the link is valid for 15 working days **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, Before we register your application, in order to enable us to identify the documents you apply for, please clarify whether: "JCB Minutes from July 30th 2021" and ​"the Daily reporting package for July 30th 2021", indicated in indents 3 and 4 of your application, refer to "the aerial operation in the Central Mediterranean Sea on July 30th 2021". Yours sincerely,

Dear European Border and Coast Guard Agency, I confirm that the request for access to the JCB Minutes from July 30th 2021 and the Daily reporting package for July 30th 2021 refer to your aerial operation in the Central Mediterranean Sea on July 30th 2021. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00300 Please be informed that the link is valid for 15 working days **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, Thank you for your clarification. Your application for: · all Serious Incident Reports for 30 July 2021 with regards to your aerial operation in the Central Mediterranean Sea on July 30th 2021, · the ICC Daily report in connection to your aerial operation in the Central Mediterranean Sea for July 30th 2021 · JCB Minutes from July 30th 2021 · the Daily reporting package for July 30th 2021 · all communication exchanged among the Fundamental Rights Officer and the Executive Director regarding any incidents having taken place on 30 July 2021 and in relation to your aerial operation in the Central Mediterranan · all other internal Frontex communication (between any and all units or staff) regarding your aerial operation in the Central Mediterranean Sea on 30 July 2021 · all comunication exchanged between Frontex and the Libyan authorities, Frontex and the Italian authorities and Frontex and the Maltese authorities in relation to your aerial operation in the Central Mediterranean Sea on July 30th 2021 · all pictures and videos related to your aerial operation in the Central Mediterranean Sea on July 30th 2021 · the list of all available documents related to your aerial operation in the Central Mediterranean Sea on July 30th 2021 as further clarified by you: I confirm that the request for access to the JCB Minutes from July 30th 2021 and the Daily reporting package for July 30th 2021 refer to your aerial operation in the Central Mediterranean Sea on July 30th 2021. is herewith registered. As your application 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 including. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00300 Please be informed that the link is valid until Wednesday, 17 January 2024 **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, With reference to your yesterday's email, please be informed that the time limit of 15 working days, as prescribed by Article 7(1) of Regulation (EC) No 1049/2001, expires on 25 November 2021. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00300 Please be informed that the link is valid until Thursday, 25 January 2024 **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00300 Please be informed that the link is valid until Thursday, 25 January 2024 **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, Thank you for your interest in European Border and Coast Guard Agency (Frontex) activities. As your application 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 including. Yours sincerely,

Dear Mr/Ms Marie Naass, Please disregard the last message. Please be informed that due to the demands of your application, the time-limit has to be extended by 15 working days in accordance with Article 7(3) of Regulation (EC) No 1049/2001. Thank for your understanding. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00300/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00300 Please be informed that the link is valid until Thursday, 01 February 2024 **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, Please find enclosed our response to your application for public access to documents. Please be informed that 20 December 2021 until 31 December 2021, both including, are non-working days for the Transparency Office. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00350/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00350/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00350 Please be informed that the link is valid until Wednesday, 14 February 2024 **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, Your confirmatory application: I am filing this confirmatory application in relation to my access to document request “request according to EU regulation 1049/2001” with the Case ID PAD-2021-00300. The request: On 21 October 2021, I requested a series of documents regarding Frontex’s aerial operation on 30 July 2021 in the Central Mediterranean. The documents included the (1) Serious Incident Reports, (2) ICC Daily report, (3) JCB Minutes, (4) Daily reporting package, (5) Communication of the Fundamental Rights Officer and the Executive Director regarding any incident having taken place on the outlined date, (6) all other internal Frontex communication related to its operation on that date, (7) all communication of Frontex with the Libyan, Italian and Maltese authorities, (8) footage related to the aerial operation in the Central Mediterranean Sea and (9) list of all available documents related to your air operation in the Central Mediterranean Sea on July 30th 2021. All of the requests were formulated in a sufficiently precise manner, and there is no suggestion to the contrary. On 3 November 2021, Frontex registered the application. On 25 November 2021, Frontex extended the time limit by 15 working days. Frontex’s Response: On December 1st 2021, Frontex denied access to the documents and footage identified after my request. In its response letter, Frontex states not to hold documents for (1), (5) and (9). While regarding (2), (3), (4), (6), (7) a total of 71 documents referring to the requested date and location, and in regard to (8), two documents and raw data was identified. Frontex states that “access to these documents has to be refused” on the basis that: “the disclosure would undermine the protection of privacy and the integrity of the individual“ - in the sense of Article 4(1)(b) of Regulation (EC) No 1049/20011. « disclosing such information () would enable third parties, e.g. by combining this information with other sources, to draw conclusions regarding usual positions and movement patterns. () This would ultimately obstruct the purpose of such operations: to counter and prevent cross-border crime and unauthorized border crossing » - in the sense of Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. « Disclosing such information would be tantamount to disclosing the weaknesses and strengths of 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 » - in the sense of Article 4(1)(a) first indent of Regulation (EC) 1049/2001. “The disclosure () would undermine the protection of the public interest as regards public security within the meaning of Article 4(1) (a) first indent of Regulation (EC) 1049/2001. disclosure would jeopardize the implementation of ongoing and future operations, and thus facilitate irregular migration, trafficking in human beings and terrorism as the effectiveness of law enforcement measures would be significantly reduced.” - in the sense of Article 4(1)(a) first indent of Regulation (EC) 1049/2001. A partial release of the documents was also denied, 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”. Grounds of Objection : I consider that Frontex’s refusal to provide access to the documents required is unlawful for the following reasons : Ground 1. Frontex’s reliance upon «public security» is insufficiently particularized and inconsistent with case law of the CJEU. In its response letter, Frontex argues that disclosing information regarding the technical equipment would “open way for abuse, as numbers, types and specifications of equipment used are indicative of similar equipment used for succeeding years. Releasing such information would thus benefit criminal networks, enabling them to change their modus operandi and, consequently, result in hampering the course of ongoing and future operations of a similar nature. ” Furthermore, the disclosure of “information regarding the numbers of officers deployed in the operational area” () [would] be tantamount to disclosing the weaknesses and strengths of operations and pose a risk to their security.” Finally, disclosing information “related to reporting tools and methods used by law enforcement officials used to conduct border control tasks and counter criminal activities [] would jeopardize the implementation of ongoing and future operations, and thus facilitate irregular migration, trafficking in human beings and terrorism as the effectiveness of law enforcement measures would be significantly reduced.” There is no alleged threat to public security resulting from the disclosure of the documents. First, it is unclear and not defined what “reporting tools and methods” Frontex refers to. Secondly and in any event, Frontex does not prove how the disclosure of the information “regarding the technical deployment”, “regarding the numbers of officers deployed” and “related to reporting tools and methods” would concretely jeopardize future operations. Instead, Frontex only mentions this possibility without providing concrete arguments. Third, according current rulings of the CJEU, Frontex is required to explain how the alleged risk to public security is “forseeable and not purely hypothetical”. In none of the three requests Frontex proved these requirements to be fulfilled. Ground 2. Frontex’s refusal amounts a blanket refusal - that is illegal. In total, Frontex identified 73 documents and raw data linked to the request of the ICC Daily Report, the JCB Minutes, the Daily Reporting Package, internal communication, communication with Libyan, Italian and Maltese authorities and the footage. Of course, it is given that these documents have different degree of security sensitivity. Nevertheless, Frontex knowingly denied access to any of the documents and thus, exercised a “blanket refusal” that is, according to the CJEU, unlawful. The CJEU’s ruling states that disclosure of information must be examined on a case-by-case basis considering that (1) there is no general presumption of non-disclosure regarding documents; and (2) the mere fact that a document is related to a sensitive area of EU work does not make the documents sensitive per se. A blanket refusal of an entire category of documents is unlawful and contravenes the principle of “widest possible access” that is enshrined in Regulation 1049/2001. Notwithstanding, Frontex did a blanket refusal in denying access to 73 documents and raw data without analyzing on a case-by-case basis whether these documents would actually be sensitive enough that the access to the whole documents should be denied. Ground 3. Frontex is bound by EU law to publish comprehensive information regarding its ongoing operations. Article 114 (2) of Regulation 2019/1896 provides: “The Agency [Frontex] shall communicate on matters falling within the scope of its tasks on its own initiative. It shall make public () comprehensive information on past and current joint operations (). It shall do so without revealing operational information which, if made public, would jeopardise attainment of the objectives of operations.” If some operational information - under certain proved circumstances - cannot be published doesn’t entitle Frontex to refuse any access to operational information linked to ongoing operations. Instead, Frontex is bound to communicate about them and only under some proved exceptions and in a limited scope, renounce to reveal operational information. Ground 4. Frontex’s failure to provide partial disclosure is unlawful Article 4 (6) of Regulation 1049/2001 provides: “If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released.” In the line of the principle of widest possible access, Frontex should have considered a partial access to information. However, Frontex alleged that partial access cannot be allowed “as their redaction would be disproportional in relation to the parts that are eligible for disclosure, simultaneously undermining the principle of sound administration.” Following the article 4(6) of Regulation 1049/2001, Frontex should not operate any “proportionality” “in relation to the parts that are eligible for disclosure” to consider the partial release of documents. Frontex wrongly applied the law and thus, wrongfully denied a partial release of the documents. Ground 5. Frontex omitted the existence of a public interest in the disclosure of the requested documents. In order to deny the release of the requested documents, Frontex argued that “the administrative burden necessary to identify and redact the releasable elements would be disproportionate to the interest in the disclosure exercise itself”. In fact, this statement is wrong. The documents requested are likely to contain information on Frontex’s involvement in pullbacks by the so-called Libyan Coast Guard to Libya and hence, human rights violations. European politicians have called several times for the Frontex Executive Director to resign over allegations of fundamental rights violations. One cannot argue that the disclosure of the documents is not of public interest: there is a manifest public interest to publish the requested documents and inform about any complicity of an European agency in the commission of human rights violations. For these reasons, I consider that Frontex is legally obliged to provide me with the requested documents. is herewith registered. As your confirmatory application 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 confirmatory application and will reply within 15 working days including. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00350/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00350/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00350 Please be informed that the link is valid until Sunday, 17 March 2024 **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, With reference to your today's correspondence, please be informed that, according to Article 8(1) of Regulation (EC) No 1049/2001, the time limit to reply to your application expires on 19 January 2021. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00350/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00350/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00350 Please be informed that the link is valid until Tuesday, 19 March 2024 **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Frontex Transparency Office Dear Mr/Ms Marie Naass, Please be informed that due to the demands of your confirmatory application, the time-limit has to be extended by 15 working days in accordance with Article 8(2) of Regulation (EC) No 1049/2001. Further to our correspondence of 17 January 2022 and as indicated in our correspondence of 1 December 2021 notifying the decision on your initial application PAD-2021-00300 please be informed that 20 December 2021 until 31 December 2021, both including, were non-working days for the Transparency Office. We strive to reply to your confirmatory application before the deadline, i.e. 9 February 2022. Yours sincerely,

New information regarding your application is available under this link https://pad.frontex.europa.eu/PadCases/PAD-2021-00350/<<entfernt>> ( https://pad.frontex.europa.eu/PadCases/PAD-2021-00350/<<entfernt>> ) Token: <<entfernt>> Email: <<E-Mail-Adresse>> Case Id: PAD-2021-00350 Please be informed that the link is valid until Sunday, 07 April 2024 **** **European Border and Coast Guard Agency** Plac Europejski 6, 00-844 Warsaw, Poland Tel: +48 22 205 9500 · Fax: +48 22 205 9501 www.frontex.europa.eu ( http://frontex.europa.eu/ ) *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. *

Dear Mr/Ms Marie Naass, Please find in the upper part of the conversation thread our response to your application for public access to Frontex documents. Yours sincerely,