1.   Copies of any passages of text referring to fundamental rights found in the assessment of the situation in Morocco and Senegal, conducted by Spanish authorities and made available to Frontex on 25 April 2016, updated 16 August 2016, as referred to in the Annual report on the practical application of regulation EU No 656/2014 establishing rules for the surveillance of the external borders in the context of operational cooperation coordinated by Frontex (11501/17, 25 July 2017). 2.   Copies of drafts for a memorandum of understanding between the European Border and Coast Guard Agency and Senegalese Authorities. 3.   Records pertaining to the conclusion of a Memorandum of Understanding between the European Border Coast Guard Agency and the Senegalese authorities on 2 June 2017 in Dakar. Please be informed that Frontex does not hold documents in regard to point 3. With reference to point 1, two documents were identified, access to which must be refused as they contain analyses and subjective assessments of the internal situation in third countries with explicit references to existing strengths and vulnerabilities. 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. Once the relationship between Frontex and these countries is impaired, there would be an ascertainable likelihood that these countries would no longer share sensitive data with Frontex. This would not only impede the improvement of pre-warning mechanisms necessary to analyse the migratory flows towards the European Union but would also hinder the development of adequate tools, at both European Union and national levels, that are necessary to conduct efficient border control and prevent cross-border crime, such as the facilitation of irregular immigration and trafficking in human beings. 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 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

documents has to be refused pursuant to Article 4(1)(a) first and third indent of Regulation (EC) No 1049/20011. Access to the three documents identified regarding point 2 of our application has to be refused as 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, the unilateral disclosure of these documents must be refused as such would jeopardise the mutual trust of all parties, an essential prerequisite for establishing international relations and ensuring the effectiveness of negotiations in this regard. Moreover, the formulation of negotiating positions involves a number of tactical considerations of all negotiators involved - including Frontex. Consequently, the disclosure of the drafts would negatively effect on the ability of Frontex and other parties to establish a meaningful cooperation or engagement. In this regard, it is not possible to provide further information as to further justifications impeding the disclosure of the documents without revealing their contents and thereby depriving this exception of its very purpose. A partial release of the documents could not be undertaken, as the redacting 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. 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. 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