in line with Article 9(6) the Status Agreement between the EU and the Republic of Albania on actions carried out by the European Border and Coast Guard Agency in the Republic of Albania, "The Agency, the participating Member States and the Republic of Albania shall draw up a common report on the application of paragraphs 1 to 5 of this Article at the end of each action" and these reports are sent to the Frontex' fundamental rights officer and data protection officer. I would like to kindly ask for access to these reports as well as any other document on the practice of processing of personal data by the Agency as well as participating Member States and their teams in the context of the Frontex' activities in Albania. As regards to your application “for access to these reports”, please be informed that Frontex does not hold such documents, as the work on these is still in a nascent stage. In reference to “as any other document on the practice of processing of personal data”, three operational plans were identified of which two cannot be disclosed. One operational plan – regarding Joint Operation Albania Land 2021 -pertains to an ongoing operation and therefore access to it must be refused pursuant Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. Releasing this information would benefit criminal networks by enabling them to change their modus operandi and consequently result in hampering the course of ongoing and future similar operations, which would put the life of migrants in danger. This would ultimately obstruct the purpose of such operations: to counter and prevent cross-border crime and unauthorized border crossings. Consequently, the disclosure of the Operational Plans and all annexes would undermine the protection of the public interest as regards public security. Access to the second operational plan – regarding Joint Operation Flexible Operational Activities Western Balkans - Albania 2020 - must be refused as, despite this operation having been concluded, the 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

evaluation phase is currently ongoing. Findings of evaluations flow into the adjustment of currently ongoing joint operations and planned for the near future. Thus, granting access to the Operational Plan and all annexes at this stage would hamper its evaluation and ultimately 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 ongoing and future similar operations, which would ultimately put the life of migrants in danger. Consequently, releasing the Operational Plan of JO Themis 2018 and all annexes at this stage 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. A partial release of these document(s) could not 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 document(s) at issue must be refused owing to the particular circumstances of the present case. The third Operational Plan find it herewith attached 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 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. 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