1. All Serious Incident Reports submitted to Frontex in relation to Frontex’s activities (e.g. joint operations, rapid border interventions or any other actions under the auspices of the agency) at Greece’s land borders with North Macedonia from 1 January 2020 to the present date. 2. Data recorded in JORA and/or submitted to FRAN on: the number of reported incidents, number of migrants apprehended, number of people smugglers apprehended and the location of those incidents and apprehensions,* in relation to Frontex’s activities (e.g. joint operations, rapid border interventions or any other actions under the auspices of the agency) at Greece’s land borders with North Macedonia from 1 January 2020 to the present date. 3. All risk analyses, vulnerability assessments, operational plans and evaluation reports in relation to Frontex’s activities (e.g. joint operations, rapid border interventions or any other actions under the auspices of the agency) at Greece’s land borders with North Macedonia from 1 January 2020 to the present date. 4. All Decisions of the Executive Director concerning Frontex’s activities (e.g. joint operations, rapid border interventions or any other actions under the auspices of the agency) at Greece’s land borders with North Macedonia from 1 January 2020 to the present date. 5. Documents containing views communicated to the host member state by the agency’s coordinating officer in accordance with Article 21(2), Regulation 2016/1624 or Article 43(2), Regulation 2019/1896, relating to Frontex’s activities (e.g. joint operations, rapid border interventions or any other actions under the auspices of the agency) at Greece’s land borders with North Macedonia from 1 January 2020 to the present date. * This element of the request relates to information held by the agency in a database. This information falls within the scope of EU legislation on access to documents, as the CJEU ruled in Case C-491/15, paragraph 37: “all information which can be extracted from an electronic database by general use through preprogrammed search tools, even if that information has not previously been displayed in that form or ever been the subject matter of a search by the staff of the institutions, must be regarded as an existing document.” 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

I note your arguments in your confirmatory application Point 1 of my application, registered on 30 October 2020, concerned the following: 1. All Serious Incident Reports submitted to Frontex in relation to Frontex’s activities (e.g. joint operations, rapid border interventions or any other actions under the auspices of the agency) at Greece’s land borders with North Macedonia from 1 January 2020 to the present date. In your response, you said that you had identified 44 documents related to this point, and provided 39 of them. However, none of those documents relate to the request, which sought SIRs related to activities at Greece's land borders with North Macedonia. Rather, the documents released are reports concerning incidents in the Evros region. I am thus asking that you deal with the request as it was submitted, and provide access to the documents sought in point 1, as above. Kindly note that in the framework of the consensus reached on 30 October 2020 regarding the processing of your application PAD-2020-00167 we performed a normal routine search (Case T-214/13: Rainer Typke v European Commission) in order to identify documents pertaining, among your other points, to your point 1 in line with the provisions of Regulation (EC) No 1049/20011. In this regard, please be informed that the responsible unit in Frontex could not retrieve any document pertaining to point 1 of your application. However, in an effort to facilitate your needs, the Agency has identified and processed Serious Incident Reports in relation to Frontex’ activities at Greece’s land borders with Albania, Bulgaria and Turkey. In sum, I note that Frontex does not hold any documents relating to your point 1 as formulated in your present confirmatory application i.e. All Serious Incident Reports submitted to Frontex in relation to Frontex’s activities (e.g. joint operations, rapid border interventions or any other actions under the auspices of the agency) at Greece’s land borders with North Macedonia from 1 January 2020 to the present date. Therefore, I uphold the decision as expressed in our reply of 15 December 2020. 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. 1 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