Mr/Ms Luisa Izuzquiza; Mr/Ms Arne Semsrott Email: a.semsrott.dunpxzezgy@fragdenstaat.de Our ref: TO/PAD-2020-00230 Please quote when replying. Warsaw, 20 January 2021 Your application for access to European Border and Coast Guard Agency (Frontex) documents Dear Mr/Ms Izuzquiza, dear Mr/Ms Semsrott, In reference to your application registered on 25 Novemberfor which the time limit has been extended by 15 working days on 16 December1, asking for access to All e-mails sent and received by executive.director@frontex.europa.eu between 16 and 20 November 2020. Please be informed that 53 emails, partly plus attachments, were identified. Kindly find attached 14 emails including attachments – a total of 25 documents - that can be released with personal data, and/or characteristic features which could lead to the identification of individuals being expunged. Their disclosure would undermine the protection of privacy and the integrity of the individual, in particular in accordance with European Union legislation regarding the protection of personal data and therefore has to be precluded pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001. Kindly note that email no 9 does not contain an attachment. Please also note that the remainder of the emails including their attachments as well as attachment no 2 of email no 12 cannot be released in their entirety as: -    they contain personal data as described above; -    their disclosure would undermine the protection of the public interest as regards international relations as laid down in Article 4(1)(a) third indent of Regulation (EC) No 1049/2001. Effective cooperation with third countries is crucial for Frontex, and therefore a unilateral disclosure of these documents must be refused as establishing and protecting a sphere of mutual trust in the context of international relations is a very delicate exercise. The release of the documents would end the mutual trust enjoyed between these countries and Frontex. As this risk is reasonably foreseeable, disclosing this information would undermine the protection of the public interest as regards public security and international relations. Consequently, access to those documents has to be refused pursuant to Article 4(1)(a) first and third indent of Regulation (EC) No 1049/2001; 1 In accordance with Article 7(3) of Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01

-    they contain detailed information regarding the modus operandi of law enforcement officials performing border control and coast guard duties. Disclosing such information would expose the working methods applied in ongoing and future operations, thus obstructing their effectiveness in prevention of cross-border crime and unauthorized border crossings and, in consequence, undermine the protection of the public interest as regards public security. Accordingly, this part cannot be disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; -    they refer to details of the operational area and cannot be released. As they pertain to ongoing operations and operations just concluded. Furthermore, as future operations tend to cover similar operational areas as the operations conducted in preceding years, disclosing such details of previous operational areas would be tantamount to disclosing the current operational areas. This would provide terrorist organizations as well as smuggling and other criminal networks with intelligence enabling them to change their modus operandi which would ultimately put the life of migrants in danger. Consequently, the course of ongoing and future similar operations would be hampered by depriving the operations of any strategy and element of surprise, ultimately defeating their purpose to counter and prevent cross-border crime and unauthorized border crossings. In this light, the disclosure of documents containing such information would undermine the protection of the public interest as regards public security in the sense of Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; -    they contain detailed information regarding the modus operandi of law enforcement officials performing border control. Disclosing such information would expose the working methods applied in ongoing and future operations, thus obstructing their effectiveness in prevention of cross-border crime and unauthorized border crossings. In consequence, it would undermine the protection of the public interest as regards public security and thus, cannot be disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; -    their disclosure would seriously undermine internal decision-making processes regarding current and future activities of Frontex and Member States. The ongoing discussions taking place within Frontex and under its auspices and involving numerous stakeholders require special protection. Namely, disclosing the redacted parts would reveal negotiation positions of the stakeholders, which would erode the mutual trust among all participants. Such information would enable third parties to draw preliminary conclusions and thus, hamper ongoing and future negotiations. As no overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of these documents is ascertainable in the present case, these documents cannot be released based on Article 4(3) of Regulation (EC) No 1049/2001. A partial release of these documents cannot be undertaken, as their redaction would be disproportional 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 materials would be disproportionate to the public interest in the disclosure exercise itself, while the released documents would not convey any informative value due to their significantly reduced form. Consequently, the partial disclosure of the documents at issue must be refused owing to the particular circumstances of the present case. Kindly be reminded that the copyright of the document/s rests with Frontex and making this/these work/s, available to third parties in this or another form without prior authorisation of Frontex is prohibited. Please also note that Frontex does not assume liability stemming from the use of the document/s. Pursuant to Article 7(2) of Regulation (EC) No 1049/2001, within 15 working days of the receipt of this letter, you may submit a confirmatory application to Frontex to reconsider its position. Based on Article Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01

8 of Regulation (EC) No 1049/2001, Frontex will reply to you within 15 working days from the registration of such application. You can submit your confirmatory application by post or electronically. Yours sincerely, Timo Knaebe Senior Legal Officer Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01