On the 27th of May 2021 a SAR event took place under the coordination of Frontex ICC, in international waters near the Italian island of Pantelleria, involving Italian and Tunisian Coast Guard units, where 9 people were recovered from a small fiberglass boat. I would like to access any documents held by Frontex in connection to the event described above, and specifically: - The operation's report, including any photographic material produced - The geographical coordinates and detailed timeline of the event - Any information held by Frontex regarding the port of landing of the 9 passengers of the above-mentioned fiberglass boat I note your arguments in your confirmatory application "This is a confirmatory application of my request to access documents PAD-2021-00223, asking you to reconsider your denial to disclose any information. Paragraph 1. First, I ask you to name the 13 documents identified in reference to my application. Paragraph 2. Second, in your response you mention an “ongoing operation”; please name such operation and the organisations involved. In what capacity is the Tunisian coast guard involved in such operation? Paragraph 3. Third, the geographical coordinates of the SAR event don’t contain any information on Frontex assets or agents, so I ask you again to disclose it. Paragraph 4. Fourth, information regarding the port of landing of the 9 passengers of the fiberglass boat doesn’t touch on any of the point you mention in your response: disclosing the port of landing of the passengers couldn’t possibly “benefit criminal networks” in any discernible way, so I ask you to reconsider your decision on this point. Paragraph 5. Fifth, if you are not willing to disclose any document, I ask you to respond to the points 2 and 3 of my original request by simply sharing the relevant information contained in the documents." 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

With reference to your arguments under Paragraphs 3 and 4 of your confirmatory application, in which you state that “the geographical coordinates of the SAR event don’t contain any information on Frontex assets or agents” and “information regarding the port of landing of the 9 passengers of the fiberglass boat doesn’t touch on any of the point you mention in your response” please be informed that the information on the geographical coordinates and on the “port of landing” pertains to details of the operational area and cannot be released. As ongoing operations tend to cover similar operational areas as the operations conducted in preceding years, disclosing details of said operational area would jeopardize the attainment of operational goals. More specifically, this information, especially if combined with information from other sources, as already explained on 20 August 2021, would provide smuggling and other criminal networks with intelligence enabling them to change their modus operandi. Consequently, the course of ongoing and future operations of a similar nature 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 unauthorised border crossings. In this light, the disclosure of this information 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) No 1049/20011. Furthermore, these pieces of information by themselves and, in particular, in combination with information from other sources would reveal the modus operandi of law enforcement officials performing border control and coast guard duties. Disclosing such information would expose the working methods used in ongoing and future operations, therefore obstructing their effectiveness in preventing cross-border crime and unauthorised border crossings. In consequence, the release of these pieces of information contained in the documents would undermine the protection of the public interest as regards public security as laid down in Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. As regards the information sought by you under Paragraphs 1 and 2 of your confirmatory application, this did not form part of your initial application and can thus not be subject to a reconsideration within the meaning of Article 7(2) of Regulation (EC) No 1049/2001. As this part does also not constitute an application for public access to documents under Regulation (EC) No 1049/2001, it is forwarded to the Media and Public Relations Office. Similarly, your request under Paragraph 5 of your confirmatory application, in which you ask for “simply sharing the relevant information” you had applied for under indents 2 and 3 of your initial application: - The geographical coordinates and detailed timeline of the event - Any information held by Frontex regarding the port of landing of the 9 passengers of the above-mentioned fiberglass boat did not form part of your initial application and can thus not be subject to a reconsideration within the meaning of Article 7(2) of Regulation (EC) No 1049/2001. As this part does also not constitute an application for public access to documents under Regulation (EC) No 1049/2001, it is forwarded to the Media and Public Relations Office. 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

In sum, I uphold Frontex’ position of 20 August 2021 as amended above. In accordance with Article 8(1) of Regulation (EC) No 1049/2001, you are entitled to institute court proceedings and/or make a complaint to the European Ombudsman under the relevant provisions of the Treaty on the Functioning of the European Union. 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