Ref. Ares(2021)7012349 - 15/11/2021
DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS
Your application for access to documents – GESTDEM 2021/6297
Dear Mr Fanta,
I refer to your e-mail dated 20/10/2021 in which you make a request for access to
documents, registered on 21/10/2021 under the above mentioned reference number.
You request access to ‘the recent Compendium on Gefährder compiled by the
Commission as referenced in the Council document CM 3518/21’
Your application concerns the following document: Compendium of EU Member States’
approaches to persons regarded as a potential terrorist or violent extremist threat
Having examined the document requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I regret to inform you that your
application cannot be granted, as disclosure is prevented by exception to the right of access
laid down in Article 4 of this Regulation.
The document, which you seek to obtain, contains sensitive information concerning
Counter-Terrorism policies in EU Members, in particular information on Member States’
approaches to identifying individuals that pose a potential terrorist or violent extremist
threat, as well as information on possible operational measures to deal with these
individuals. Providing access to this document would disclose information related to
ongoing activities to prevent and counter terrorism and violent extremism, and could
therefore endanger Member States’ national security strategies. This is a real and non-
hypothetical risk, as the requested document contains details about the intended action.
Disclosure of the document would thereby undermine the protection of the public interest as
regards public security. Therefore, the exception laid down in Article 4(1)(a) first indent of
Regulation (EC) No 1049/2001 applies to this document. I would also like to point out that
By registered letter with acknowledgment of receipt
Schönhauser Allee 6-7
Germany Advance copy by email :
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Article 4(1)(a) has an absolute character and does not envisage the possibility to
demonstrate the existence of an overriding public interest.
I have considered whether partial access could be granted to the document requested and
came to the conclusion that access to an expunged version of the document is not possible,
as the abovementioned exception applies to the entire document and the document would be
meaningless after expunging the sensitive information.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position. Such a
confirmatory application should be addressed within 15 working days upon receipt of this
letter to the Secretary-General of the Commission at the following address:
or by email to: firstname.lastname@example.org
Electronically signed on 15/11/2021 15:04 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482