documents which contain the following information: Daily number of crossings from Libya by type of transport from the 1st of January 2021 to August 31st 2021. The data would have these columns "incident daily date", "Mean of transportation (rubber boat/ wooden boat/fishing boat/ fiber glass boat). "Total number of irregular migrants". Please be informed that access to the requested documents was subject to your application PAD-2021- 00227, to which Frontex replied on 26 August 2021 refusing the access. As explained to you on 26 August 2021: (…)access to the document containing information regarding these variables must be refused 1 pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001 as the operation to which these pieces of information pertain is currently ongoing. The pieces of information pertaining to the earlier periods of the ongoing and to the concluded operation are being used for the continuous adjustment of the current operation in the same area. Thus, granting access to the information regarding these variables for the period from 1 January 2021 to 31 August 2021 would jeopardize the European Union’s and Member State’s endeavours to counter and prevent cross-border crime and unauthorized border crossings. This would benefit criminal networks, enabling them to change their modus operandi and consequently result in hampering the course of the ongoing and future similar operations, and would ultimately put the life of migrants in danger. Furthermore, the information pertaining to "incident daily date", "Mean of transportation (rubber boat/ wooden boat/fishing boat/ fiber glass boat). "Total number of irregular migrants" for the requested period cannot be released as it refers to details crucial for situational awareness at the 1 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 (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

external borders of the European Union which is used by Frontex to develop risk analyses. The disclosure of this information would hamper the effectiveness of Frontex operations and jeopardise the efforts carried out by the European Union and Member States to curtail criminal activities at the external borders and, in particular, would thus benefit criminal networks especially those involved in people smuggling and trafficking in human beings, which would put the life of migrants in danger. Hence, the disclosure of the information pertaining to these variables would undermine the protection of the public interest as regards public security and has to be refused based on Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. Moreover, the above-mentioned risk analyses constitute a specific form of internal decision-making processes based on the intelligence derived from previous and presently ongoing activities and have a bearing on the conduct of current and future operations. Being an important base for determining the strategic orientation of the Agency, the possibility to conduct such analyses without interference is crucial for Frontex to effectively exercise its mandate. Consequently, releasing this information would enable third parties to gain insights into this decision-making process and, with ascertainable likelihood, result in depriving Frontex of the possibility to conduct such analyses wholly independently, free from any external pressure or third-party influence. In sum, releasing this information would seriously undermine Frontex internal decision-making processes. As no overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of this information is ascertainable in the present case, information pertaining to this variable cannot be released based on Article 4(3) of Regulation (EC) No 1049/2001. Consequently, since the present application PAD-2021-00245 pertains to the same documents as those falling under your application PAD-2021-000227, and you have not brought forward arguments with regard to a change in the legal and/or factual situation, I refer to Frontex decision concerning PAD- 2021-00227 in line with the relevant case-law the Court of Justice of the European Union . This does        2 not, however, reinstate the timelines of this application. 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 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. 2 Cf. Order of the General Court of 12 March 2008 in case T-443/07, Nuova Agricast v Commission, para. 23.; 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