- Daily package from the Joint Coordination Board in Spain (Timeframe: June 2017, August 2018 and June 2021) and FOC reports in Spain (Timeframe: - 5th to 9th June 2017, 26th to 30th August 2018 and 22nd to 27th June 2021) - FRO mission report(s) to Spain in 2021 - FRO Observations to FER Indalo 2020 - FRO Observations to draft Operational Plan Indalo 2020 and to draft operational plan that regulates Frontex operation in the Canary Islands in 2021 Regarding indent one of your application, please be informed that Frontex has identified 104 “Daily package from the Joint Coordination Board in Spain” for the indicated timeframe. Access to these documents has to be refused in their entirety as they contain personal data, such as names of individuals and/or characteristic features which could lead to the identification of individuals whose 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 according to Article 4(1)(b) of Regulation (EC) No 1049/20011. Furthermore, these documents contain: -    sensitive 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 operations are indicative of similar numbers and types for succeeding years; -    information regarding the number and profiles of officers deployed in an operational area. Disclosing such information would be tantamount to disclosing the weaknesses and strengths of Frontex operations and pose a risk to their effectiveness; -    details of an operational area and cannot be released. As ongoing operations tend to cover similar operational areas as the operations conducted in preceding years, disclosing details of previous operational areas would be tantamount to disclosing the current state of play. This 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

would provide smuggling and other criminal networks with intelligence, enabling them to change their modus operandi, which would ultimately put the lives of migrants in danger. Consequently, the course of ongoing and future operations of similar nature would be hampered by depriving the operations of any strategy and element of surprise; -    detailed information regarding the modus operandi of law enforcement officials performing border control and or coast guard duties. Disclosing such information would expose the working methods applied in ongoing and future operations; -    sensitive information obtained in cooperation with a Member State of the European Union regarding the effectiveness of border security measures. The disclosure of such information would reveal strengths and vulnerabilities which, once public, could be explored by criminal networks involved in migrant smuggling and trafficking in human beings. In sum, releasing these pieces of information would benefit criminal networks, enabling them to change their modus operandi and the disclosure would deprive operations of any strategy and element of surprise. Consequently, this would result in hampering the course of ongoing and future operations. This would ultimately obstruct the purpose of such operations: to counter and prevent cross-border crime and unauthorized border crossings and would put the lives of migrants in danger. Consequently, access to these documents must be refused in its entirety as their disclosure would undermine the public interest as regards public security as laid down in Article 4(1)(a) first indent of Regulation (EC) 1049/2001. A partial release of the documents 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 documents at issue must be refused owing to the particular circumstances of the present case. In regard to the “FOC reports in Spain”, please be informed that Frontex has identified 19 documents. Please find nine herewith attached. Access to the remaining ten documents, which pertain to the period 22 to 27 June 2021, has to be refused as they contain sensitive operational information concerning ongoing operations. Releasing such information 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 put the lives of migrants in danger. This would ultimately obstruct the purpose of such operations: to counter and prevent cross-border crime and unauthorized border crossings. As the disclosure of these “FOC reports in Spain” would undermine the protection of the public interest as regards public security, it must be refused pursuant to Article 4(1)(a) of Regulation (EC) No 1049/2001. Regarding indent two of your application, please find one document attached. Please note that certain parts of it fall under exceptions according to Article 4 of Regulation (EC) No 1049/2001 and therefore had to be redacted with detailed justifications next to them. Further redactions have been made to parts in the document as they pertain to: -    details of operational area, as explained above - marked with “A” in the document; -    type of technical equipment deployed in the operational area, as explained above - marked with “B” in the document; -    modus operandi of law enforcement performing border control and or coast guard duties, as explained above - marked with “C” in the document; -    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 the information pertaining to this variable 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. The information related to this variable is also used for the development of risk analyses, which constitute a specific 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

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 this information is ascertainable in the present case, information pertaining to this variable cannot be released based on Article 4(3) of Regulation (EC) No 1049/2001. These redactions are marked with “D” in the document. As regards indent three, please find one document attached. Please note however that limited parts of the document fall under exceptions under Article 4 of Regulation (EC) No 1049/2001. One part is expunged with detailed justifications in the attached legend. The remainder had to be redacted as their disclosure would seriously undermine internal decision-making processes regarding current and future activities of Frontex and Member States. The ongoing discussions taking place within Frontex and under its auspices and involving numerous stakeholders require special protection. The disclosure of these parts would erode the mutual trust among all participants. Such information would enable third parties to draw preliminary conclusions. As no overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of the redacted parts is ascertainable in the present case, the redacted parts cannot be released based on Article 4(3) of Regulation (EC) No 1049/2001. Regarding indent four of your application, please find three documents attached pertaining to FRO observations to the “draft operational plan that regulates Frontex operation in the Canary Islands in 2021”. 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 in the attached legend. Kindly note that Frontex does not hold any documents pertaining to “FRO Observations to draft Operational Plan Indalo 2020”. 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. 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