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Documents containing the following information

WhatsApp messages sent by Frontex staff or units from Member States involved in Frontex
missions to the Libyan Coast Guard in 2020 and 2021.

Please be informed that Frontex has identified seven documents falling within the scope of your
application, three of which you can find herewith attached. Please note, however, that some limited
parts of these documents fall under exceptions under Article 4 of Regulation (EC) No 1049/2001'
and therefore had to be expunged with detailed justifications explained in the attached legend.

Access to the four other documents must be refused as they contain:

detailed information related to reporting tools and methods used by law enforcement officials
to conduct border control tasks and counter criminal activities. Their disclosure would
jeopardise the implementation of ongoing and future operations, and thus facilitate irregular
migration and trafficking in human beings as the effectiveness of law enforcement measures
would be significantly reduced. As disclosing this information would undermine the protection
of the public interest as regards public security, these documents are not to be disclosed
pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001;

- information regarding the technical equipment deployed in the operational area by Frontex
and Member States. Disclosing such information would be tantamount to disclosing the exact
type and capabilities of the equipment and would enable third parties, e.g. by combining this
information with other sources, to draw conclusions regarding usual positions and movement
patterns. This would open way for abuse, as numbers and types of equipment used in previous

' Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents
(0J L 145, 31.5.2001, p. 43).

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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

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operations are indicative of similar numbers and types for succeeding ones. 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. This would ultimately obstruct the purpose of such operations: to counter
and prevent cross-border crime and unauthorised border crossings. In this light, the disclosure
of information regarding the technical equipment deployed 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 1049/2001;

information regarding the number and profiles of officers deployed in the operational area.
Disclosing such information would be tantamount to disclosing the weaknesses and strengths
of Frontex 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 unauthorised border crossings. Consequently,
the disclosure of such information 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)
1049/2001;

- details crucial for situational awareness at the external borders of the European Union which
is used by Frontex to conduct its operational activities and 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. It 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 these documents 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.

- Personal data, such as names of individuals and/or characteristic features which could lead
to the identification of individuals. The 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.

Furthermore, the information contained in the documents in question is also used for the development
of risk analyses, which 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 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 forthe release of this information
is ascertainable in the present case, the documents cannot be released based on Article 4(3)
of Regulation (EC) No 1049/2001.

A partial release of the non-disclosed documents could not be undertaken, 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, while the released documents would not convey any informative value due to their significantly
reduced form. Consequently, a partial disclosure of the documents at issue must be refused
owing to the particular circumstances of the present case.

EEE EEE

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

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Kindly be reminded that the copyright of the documents rests with Frontex and making these works
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 documents.

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.

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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