Ref. Ares(2023)1530623 - 02/03/2023
SG.2
Head of Division
Brussels, 2 March 2023
eeas.sg.2 (2023) 1340235
To
Mr Nikolaj Nielsen
by electronic mail
Subject: Your request for access to documents of 2 February 2023
EEAS ref: 2022/020
Dear Mr Nielsen,
I would like to thank you for your application for access to documents, which the EEAS has
examined in the framework of Regulation (EC) No 1049/2001.1
Following your application, we have searched for the requested document(s) “
EU mission
reports on the communal violence in Gujarat in 2002” in the EEAS filing systems and
document management databases.
After a search in EEAS document management files and databases, the EEAS has identified
the following documents matching your request, as referenced hereafter:
1. CFSP/PRES/Mad/0934/02 - HOMS REPORT ON THE GUJARAT EVENTS, 18
April 2002 (document 1);
2. Common report on the March/April 2002 events in the Indian State of Gujarat, 16
April 2002 (document 2).
Please be informed that document 1 is a joint report of the Heads of EU Missions in New
Delhi on the Gujarat events, while document 2 is an assessment of the EU Delegation on the
same events of March/April 2002, and the terms of reference for a possible confidential
demarche towards the Indian authorities related to these events.
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to
European Parliament, Council and Commission documents (OJ L 145, of 31.5.2001, p. 43, hereafter the
"Regulation").
European External Action Service – B-1046 Brussels – Belgium – Tel.: (32-2) 584 11 11
Office: EEAS PARC 06/560 – e-
mail: xxxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx
In our assessment, the full public disclosure of document 1 would undermine the public
interest as regards international relations between the EU and India as per Article 4(1)(a),
third indent of the Regulation. More precisely, it would erode the environment of mutual trust
and confidence with the Indian interlocutors that remains a prime prerequisite for the EU and
its Member States to protect and promote EU interests through the existing EU-India strategic
partnership. The full disclosure of the identified document to the public would hamper the
EU’s relations with India, both at political and operational levels, across all areas of foreign
and security policy as well as sectoral cooperation.
The reaction of the Indian government to the two-part documentary series, titled
India: The
Modi Question, aired in January 2023 by the BBC, has clearly shown that the risk of EU
interests being undermined by a full disclosure of the requested document is not hypothetical,
but well foreseeable.
Concerning your argument “
that the requested documents … do not refer to the position of
any negotiating party and do not express any specific opinion of the Commission on any
negotiating position”, I need to underline that the joint report of the Heads of Mission does
in fact reflect the joint assessment of the EU and its Member States, which should be
protected. This joint assessment of the Gujarat events was done in view of preparing an urgent
and confidential EU Troika demarche towards the Indian authorities.
Therefore, I regret to inform you that we are not in a position to fully disclose document 1
since the full release would undermine the protection of the public interest as regards
international relations as per Article 4(1)(a), third indent of the Regulation.
I take this opportunity to remind you that the partially released document provided may be
reused on condition that the source is acknowledged and that you do not distort the original
meaning or message of the document. Please note that the EEAS does not assume liability
stemming from the reuse. In case of doubt on reuse, please do contact the EEAS for prior
authorisation.
Regarding document 2, our examination concluded that this document cannot be disclosed,
neither fully or partially. It contains highly sensitive elements and the assessments of the
events in Gujarat that took place in 2002, as well as an updated proposal for terms of reference
for a demarche towards the Indian authorities.
Disclosure of this document to the public would harm the relations between the EU and India,
by undermining the confidence and trust in the EU-India partnership, thus prejudicing the
EU’s capacity to protect and promote its interests in this context. Furthermore, the disclosure
of document 2 to the public would hamper the EU’s relations with India, both at political and
operational levels, across all areas of foreign and security policy as well as sectoral
cooperation.
Therefore, I regret to inform you that we are not in a position to disclose document 2, neither
fully nor partially, since it would undermine the protection of the public interest as regards
international relations as per Article 4(1)(a), third indent of the Regulation.
2
We have considered whether partial access could be granted to document 2. However, since the
vast majority of the substantive parts of the document is covered by the invoked exception,
granting a partial access, albeit marginal, to the remaining part would entail revealing
information the protection of which is covered by the exception relied on, relating to the
protection of the public interest as regards international relations
as explained above.2
Should you wish this position to be reviewed, you may make a confirmatory application
within 15 working days in accordance with Article 7(2) of the Regulation.
Yours sincerely,
[e-signed]
Nereo Penalver Garcia
2 See Judgment of 7 February 2018, Access Info Europe v Commission, T-851/16, EU:T:2018:69, paragraphs 122 and
123.
Electronically signed on 02/03/2023 15:53 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121
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