Mr/Ms Luiza Izuzquiza Mr/Ms Arne Semsrott Email: l.izuzquiza.4b8y6kxm3s@fragdenstaat.de Our ref: TO/PAD-2021-00138 Please quote when replying. Warsaw, 14 June 2021 Your application for access to European Border and Coast Guard Agency (Frontex) documents Dear Mr/Ms Izuzquiza, dear Mr/Ms Semsrott, In reference to your application registered on 28 April 2021 for which the time limit has been extended by 15 working days on 24 May 20211, asking for access to the following documents 1. All Serious Incident Reports filed on 21 and 22 April 2021. 2. For 21 and 22 April 2021, with regard to Frontex’s operational activities in the Central Mediterranean - all Technical Equipment Mission Reports; - all ICC Daily reports and/or JCB Minutes; and - all Daily reporting packages. 3. For all assets deployed by Frontex in the Central Mediterranean, and involved in the above- mentioned events: - all positions logged during 21 and 22 April 2021; - all footage gathered during 21 and 22 April. 4. All correspondence issued and received by Frontex during 21 and 22 April with regards to, or mentioning the above-mentioned boat in distress. Please note that: - this includes, but is not limited to, all correspondence exchanged with Italian and Maltese authorities and actors,Libyan actors, NGO and civil society actors such as Alarm Phone, and any private actors such as merchant vessels; as well as Frontex internal correspondence; - this includes, but is not limited to, all e-mails (including all attachments), messages and notifications exchanged, as well as all phone call logs. 5. For the Frontex Press Office - all correspondence - including, but not limited to, all e-mails, messages, notes, letters, phone call logs, audiovisual material, and all attachments 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

- received or sent during from 21 April 2021 to date, with regards to the above-mentioned event in the Central Mediterranean. This includes, but is not limited to, all communications among the Frontex Press Office, with other Frontex units, and with external parties. - all documents exchanged - including draft statements, background notes, or any other document mentioning or describing the above-mentioned event in the Central Mediterranean - issued and/or received by the Frontex Press Office from 21 April 2021 to date. In regard to point 1, one document has been identified. However, its release, even in parts, is not possible due to the number of elements pertaining to Personal Data, Number and profile of Human Resources, Reporting tools and methods used by law enforcement officials, Sensitive operational information and Number and type of technical equipment as described in the attached legend in addition to the fact that it forms the basis of an ongoing investigation. In this regard, the investigations are not yet concluded and the disclosure of the document at the present stage would jeopardise the ability of Frontex and Member States to evaluate, in this ongoing structured and formalized procedure, any irregularities and to verify facts and information, possibly with a view to take a position. Consequently, access to the document has to be refused based on Article 4(1)(a) first indent, (b) and (2) third indent of Regulation (EC) No 1049/2001. In regard to Article 4(2) third indent of Regulation (EC) No 1049/2001, no overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of this document is ascertainable in the present case. Concerning point 2, six documents were identified for 21 April 2021 and five documents for 22 April 2021. However, their release, even in parts, is not possible due to the number of elements pertaining to Personal Data, Number and profile of Human Resources, Reporting tools and methods used by law enforcement officials, Sensitive operational information and Number and type of technical equipment as described in the attached legend. In addition, these documents form part of the ongoing investigation explained under point 1. A total of three documents were identified as falling under point 3. However, their release, even in parts, is not possible due to the number of elements pertaining to Personal Data, Number and profile of Human Resources, Reporting tools and methods used by law enforcement officials, Sensitive operational information and Number and type of technical equipment as described in the attached legend. In addition, these documents form part of the ongoing investigation explained under point 1. Concerning point 4, 40 documents were retrieved. Please find attached three documents, the redactions of which are explained in the attached legend. The release of the remaining 37 documents, even in parts, is not possible due to the number of elements pertaining to Personal Data, Number and profile of Human Resources, Reporting tools and methods used by law enforcement officials, Sensitive operational information and Number and type of technical equipment as described in the attached legend. In addition, these latter documents form part of the ongoing investigation explained under point 1. Please find attached the documents in regard to point 5, redactions of which are explained in the attached legend. 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. 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

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. Yours sincerely, Timo Knaebe Senior Legal Officer 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