• The documents on which the Frontex Consolidated Annual Activity Report 2018 author relies to affirm that 635 irregular migrants were detected in 46 sightings at the BiH – Croatian border by the MAS operation • All correspondence with the Croatian authorities as to these mentioned 46 sightings in the Frontex Consolidated Annual Activity Report 2018 • Fundamental Rights Officer Reports for Croatia, Slovenia, and BiH in 2018 • Technical Equipment Mission Report for the border area Croatia-BiH for the timeframe 1 July 2018 – 31 December 2018. • Overview of operational activities 2018 -> Table indicating Frontex operations at HRV-BiH border in 2018. • Operational Plans and Evaluation Reports for the Western Balkans Operations 2018 for the time period 1 July 2018 – 31 December 2018 for the border area of Croatia/Bosnia and Herzegovina, including but not limited to the following documents as annexed or referred to: o International Coordination Centre (ICC) Daily Report incl. Joint Coordination Board (JCB) Minutes and Patrolling Schedule o Joint Operation Reporting Application (JORA): Incident Reports from Reporting Units o Monthly Activity Report 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

o Alert Forms o Frontex Coordination Officer (FCO) Weekly Report o Analytical Reports o Frontex Situation Centre (FSC) Situational Report o Frontex Support Officer (FSO) Local Coordination Centre (LCC) Daily Report o Operational reporting, including but not limited to: - Shift reports - Screening Reports - Weekly Frontex Support Officer (FSO) International Coordination Centre (ICC) Report o Evaluation Reports, including but not limited to: - Final Report from Member State - Final Report from Third Country - Frontex Evaluation Report • Multipurpose Aerial Surveillance (MAS) Reports for the BiH – Croatia border for the time period of 2018 • Documents and all of its annexes pertaining to any training of officers deployed to the Frontex Western Balkans Operations in relation to fundamental rights protection, including but not limited to the circumstances and protocol to follow for an officer to report any concerns as to serious incidents and/or breaches of fundamental rights during said detection and notification operations. To this end we request access to documents and all of its annexes, including but not limited to: • Non-consolidated/full Annual Activity Reports 2018 to 2020, • Fundamental Rights Training – including but not limited to presentations, minutes and reports – given to Border Guards (of Joint Operations) operating in Croatia 2018 – 2020. 1.   Please find attached: -     “Operational Plans and Evaluation Reports for the Western Balkans Operations 2018 for the time period 1 July 2018 – 31 December 2018 for the border area of Croatia/Bosnia and Herzegovina,” the documents referring to “including but not limited to the following documents as annexed or referred to:” are considered separately below -     Frontex Evaluation Report -     Joint Operation Reporting Application (JORA): Incident Reports from Reporting Units -     Analytical Reports 2.   Please find also attached: 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

Overview of operational activities 2018 -> Table indicating Frontex operations at HRV-BiH border in 2018. Additional information in this regard is contained in: -     Single Programming Document: https://frontex.europa.eu/assets/Key_Documents/Programming_Document/2018/Programmi ng_Document_2018-2020.pdf -     Annual Activity Report: https://frontex.europa.eu/assets/Key_Documents/MB_Decision/2019/MB_Decision_12_2019_ adopting_the_annual_activity_report_2018_and_its_assessment.pdf Which are publicly availabe and thus made available outside the framework of Regulation (EC) No 1049/2001. 3.   Kindly note that Frontex does not hold documents regarding: -     Fundamental Rights Officer Reports for Croatia, Slovenia, and BiH in 2018 -     International Coordination Centre (ICC) Daily Report incl. Joint Coordination Board (JCB) Minutes and Patrolling Schedule -     Frontex Coordination Officer (FCO) Weekly Report -     Frontex Support Officer (FSO) Local Coordination Centre (LCC) Daily Report -     Operational reporting, including but not limited to: o Shift reports o Screening Reports o Weekly Frontex Support Officer (FSO) International Coordination Centre (ICC) Report -     Final Report from Third Country 4.   Please be informed that in regard to your points: -    The documents on which the Frontex Consolidated Annual Activity Report 2018 author relies to affirm that 635 irregular migrants were detected in 46 sightings at the BiH – Croatian border by the MAS operation -    All correspondence with the Croatian authorities as to these mentioned 46 sightings in the Frontex Consolidated Annual Activity Report 2018 -    Technical Equipment Mission Report for the border area Croatia-BiH for the timeframe 1 July 2018 – 31 December 2018. -    Frontex Situation Centre (FSC) Situational Report -    Multipurpose Aerial Surveillance (MAS) Reports for the BiH – Croatia border for the time period of 2018 " a total of 92 mission reports, 50 pieces of correspondence and 144 situational reports were identified. The 92 mission reports cannot be released as they contain: -    information regarding the technical equipment deployed in the area. Disclosing such information would be tantamount to disclosing the exact type, capabilities and weaknesses of the equipment, as well as their usual position, opening way for abuse. The result of this would be to hamper the course of ongoing and future similar operations, ultimately obstructing their purpose to counter and prevent cross-border crime and unauthorized border crossings. In this light, the disclosure of the documents containing these pieces of information would undermine the protection of the public interest as regards public security in the sense of Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; -    detailed information related to reporting tools and methods used by law enforcement officials to conduct border control tasks and counter criminal activities. Its disclosure would jeopardize 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 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

significantly reduced. As disclosing this information would undermine the protection of the public interest as regards public security, these documents are not disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 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 this information pertaining to this variable would undermining 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. Part of these pieces of information 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 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 these pieces of information contained in the document is ascertainable in the present case, such information cannot be released based on Article 4(3) of Regulation (EC) No 1049/2001; -    detailed information regarding the modus operandi of law enforcement officials performing border control. Disclosing such information would expose the working methods applied in ongoing and future operations, thus obstructing their effectiveness in prevention of cross- border crime and unauthorized border crossings. In consequence, it would undermine the protection of the public interest as regards public security and thus, cannot be disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. A partial release of the documents could not be undertaken, as its 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 elements would be disproportionate to the interest in the disclosure exercise itself, while the released documents would not convey any informative value due to its/their significantly reduced form. Consequently, a partial disclosure of the document(s) at issue must be refused owing to the particular circumstances of the present case. Access to the 50 pieces of correspondence cannot be granted as, in addition to the points indicated in regard to the 92 mission reports, they, in addition to the elements indicated regarding the 92 mission reports, contain: - 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; - 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 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

purpose to counter and prevent cross-border crime and unauthorized border crossings. Consequently, the disclosure of such information would undermine the protection of the public interest as regards public security as laid down Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. For these reasons, a partial release of the documents - similar to the explanation above - could not be undertaken. The 144 situational reports cannot be released as they contain significantly detailed information regarding sensitive operational information, as well as detailed information related to the reporting tools and methods used by law enforcement officials to conduct border control tasks and counter criminal activities. The disclosure of such information would undermine the protection of the public interest as regards public security as laid down Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. A partial release, similar to the explanation regarding the points above, is not possible. 5. In regard to your application for: -    Monthly Activity Report -    Alert Forms -    Final Report from Member State Six “Monthly Activity Report[s]”, one “Alert Form[s]” and four “Final Report[s] from Member State” were identified, which cannot be released as they contain details crucial for situational awareness at the external borders as explained above. This also precludes their partial release, as explained above. 6. Concerning: - Documents and all of its annexes pertaining to any training of officers deployed to the Frontex Western Balkans Operations in relation to fundamental rights protection, including but not limited to the circumstances and protocol to follow for an officer to report any concerns as to serious incidents and/or breaches of fundamental rights during said detection and notification operations. To this end we request access to documents and all of its annexes, including but not limited to: - Non-consolidated/full Annual Activity Reports 2018 to 2020, - Fundamental Rights Training – including but not limited to presentations, minutes and reports – given to Border Guards (of Joint Operations) operating in Croatia 2018 – 2020. Please find attached the documents regarding indens 1 and 3. In regard to indent 2, further ot the Annual Activity Report for 2018 referenced above, the report for 2019: https://frontex.europa.eu/assets/Key_Documents/MB_Decision/2020/MB_Decision_14_2020_adopting _the_Annual_Activity_Report_2019_and_its_assessment.pdf is publicly availabe and thus made available outside the framework of Regulation (EC) No 1049/2001. Frontex does not hold an annual activity report 2020. 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

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