Dear Council of the European Union,

Under the right of access to documents as foreseen by art 42 of the EU Charter and art 15 TFEU and implemented by Regulation 1049/2001 I am hereby requesting

1 - a list of Council documents coded as "WK" and diffused in the Working Groups or Coreper between February 1st and February 15th 2023
2 - the TEXTS of the WK documents diffused in the same period and LINKED TO THE EU LEGISLATIVE PROCEDURES. This second request is submitted by taking in account the CJEU Ruling on case T-163/21 and the art.266 of the TFEU

Best regards
Yours faithfully,
Emilio De Capitani

Dear TRANSPARENCY Access to documents (COMM),

Following your message on March 9,2023 transmitting the list of the list of WK documents distributed between February 1st-15th I hereby request the TEXTS of the WK Listed below.

By the same occasion and, in order to avoid duplicate requests for WK documents related to legislative procedures which have already been released in the public domain I hereby also ask in conformity with art.12.4 of Regulation 1049/01 where these documents could be downloaded

Thanks in advance

Yours sincerely,

Emilio DE CAPITANI

SELECTION OF WK DOCUMENTS FROM THE LIST REFERRING TO THE PERIOD FEBRUARY 1ST-15th
1.847/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on information security in the institutions, bodies, offices and agencies of the Union- Outline of the governance structure as contained in the proposal- 2022/0084 (COD)
2.1236/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on information security in the institutions, bodies, offices and agencies of the Union- Draft opinion of the Council Security Committee for limiting the scope to EU classified information (EUCI)- 2022/0084 (COD)
3.843/2023-ADD1-Proposal for a Regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020: DE comments on Block 2 -2022/0272 (COD)
4.843/2023-ADD2-Proposal for a Regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020: ES comments on Block 2-2022/0272 (COD)
5.843/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020: delegations' comments on Block 2- 2022/0272 (COD)
6.847/2023-INIT- Proposal for a Regulation of the European Parliament and of the Council on information security in the institutions, bodies, offices and agencies of the Union- Outline of the governance structure as contained in the proposal- 2022/0084 (COD)
7.1236/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on information security in the institutions, bodies, offices and agencies of the Union- Draft opinion of the Council Security Committee for limiting the scope to EU classified information (EUCI)- 2022/0084 (COD)
8.1190/2023-INIT-REPowerEU Directive - 4column document-2022/0160 (COD)
9.1227/2023-INIT-Proposal for a Directive on Empowering consumers for the green transition -? Comments on Presidency third compromise text 5036/23-2022/0092 (COD)
10.1227/2023-REV1-Proposal for a Directive on Empowering consumers for the green transition -? Comments on Presidency third compromise text 5036/23-2022/0092 (COD)
11.1760/2023-INIT-Empowering consumers for green transition & Ecodesign proposals: complementary instruments against early obsolescence practices- Presentation by the Commission services - 2022/0092 (COD)
12.2057/2023-INIT-Proposal for a Directive on Empowering consumers for the green transition - Comments on Presidency forth compromise text

13.5036/23-REV1-2022/0092 (COD)
14.2057/2023-REV1-Proposal for a Directive on Empowering consumers for the green transition -? Comments on Presidency forth compromise text 5036/23 REV1-2022/0092 (COD)
15.1591/2023-INIT-ACI - 5-column document with SE Presidency Assessment for the informal video conference of the members of the WPTQ on 6 February 2023-2021/0406 (COD)
16.1141/2023-ADD1-Proposal for a Regulation of the European Parliament and of the Council on the European Union Drugs Agency- Outcome of technical meetings-2022/0009 (COD)
17.1141/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on the European Union Drugs Agency- Outcome of technical meetings-2022/0009 (COD)
18.1706/2023-INIT-Non-paper with a summary of the results of a consultation with Asset Recovery Offices-2022/0167 (COD)
19.1877/2023-INIT-Firearms Regulation on import, export and transit of civilian firearms - PPT presentation-2022/0288 (COD)
20.1935/2023-INIT-Euro 7: Commission’s answers to written MS comments-2022/0365 (COD)
21.1912/2023-INIT- Working Party on JHA Information Exchange (IXIM) of 8 February 2023 – Presentations-2022/0424 (COD)
22.1630/2023-INIT-Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU- Presidency compromise proposals and explanatory note-2022/0277 (COD)
23.2185/2023-ADD1Proposal for a Regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) Interinstitutional File 2022/0277 (COD) - COM (2022) 457 final- EMFA Regulation – Articles 17 to 19 - Comments from AT, FR, and IT delegations.-2022/0277 (COD)
24.2185/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) Interinstitutional File 2022/0277 (COD) - COM (2022) 457 final- EMFA Regulation – Articles 17 to 19 - Comments from CY, DE, FI, LV, NL, and SI delegations.- 2022/0277 (COD)
25.1232/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland)-2016/0397 (COD)
26.1814/2023-ADD1-Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland)- 2016/0397 (COD)
27.1814/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland)-2016/0397 (COD)
28.1505/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] - Compilation of comments of delegations- 2020/0279 (COD)
29.1629/2023-ADD1- Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence - Presentation and exchange of views on a revised draft, submitted by the Presidency, of Chapters 3 and 4- 2022/0066 (COD)
30.1629/2023-COR1- Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence - Presentation and exchange of views on a revised draft, submitted by the Presidency, of Chapters 3 and 4- 2022/0066 (COD)
31.1629/2023-INIT-Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence - Presentation and exchange of views on a revised draft, submitted by the Presidency, of Chapters 3 and 4-2022/0066 (COD)
32.4366/2022-INIT-Proposition de directive du Parlement européen et du Conseil sur la lutte contre la violence à l'égard des femmes et la violence domestique- Tableau de correspondance entre articles et considérants de la proposition de directive-2022/0066 (COD)
33.1825/2023-INIT-Nature Restoration Regulation: WPE on 13 February 2023 – Presidency Steering Note-2022/0195 (COD)
34.1825/2023-REV1-Nature Restoration Regulation: WPE on 13 February 2023 – Revised Presidency Steering Note-2022/0195 (COD)
35.1899/2023-ADD1-Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work-2021/0414 (COD)
36.1899/2023-INIT-Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work-2021/0414 (COD)
37.2213/2023-INIT- Interoperable

Dear Council of the European Union,
(to the attention of Dr Fernando FLORINDO - DG COMM)

First of all, I thank you for your message and for the texts of the WK documents you sent me on April 27th and in previous messages.

I took note also of the security reasons preventing the Council from giving full access to document WK 1912/23 (presentations made at the Working Party on JHA Information Exchange -IXIM- of 8 February 2023)

However, I hereby submit a CONFIRMATORY APPLICATION for having full access to Document WK 1899 2023 ADD1 which contains the contributions received from several delegations, with a view to the meeting of 13th February of the Social Questions Working Party, regarding the proposal for a Directive of the European Parliament and of the Council on improving working conditions in platform work.

According to your letter the exception dealing with the protection of Legal advice (art 4(2) second indent, of Regulation 1049/2001 is applicable because "a paragraph contained therein includes legal advice which concerns an issue that is part of a core political discussion in the file in question. The legal issue referred to in this passage is of a sensitive nature in the context of the examination of this proposal, in particular in relation to the necessity for delegations to find a compromise on this text. "
On this point, may I recall that according to the CJEU Jurisprudence there is no general need for confidentiality as regards the opinions of the Council Legal Service relating to a legislative process because Regulation No 1049/2001 imposes, in principle, an obligation to disclose them (see, to that effect, judgment of 1 July 2008, Sweden and Turco v Council, C 39/05 P and C 52/05 P, paragraphs 67 and 68.
Such a general rule, in my opinion, is even more binding after the entry into force of the Lisbon Treaty which define at primary law level the notion of legislative procedure and impose to the co-legislator an higher standard of legislative transparency (art 16.8 TEU and 15.2 TFUE). Therefore exceptions to transparency of legislative debates should be interpreted more strictly than it was the case in the pre-Lisbon phase when "legislation" had a substantial different scope.

In your statement you make reference to the "SENSITIVE" nature of the legal service opinion because it may be necessary in view of finding a compromise on the legislative text. However even before the entry into force of the Lisbon Treaty the Court considered that it was incumbent on the institution concerned to give a DETAILED STATEMENT OF REASONS for refusing the access to a specific legal opinion when it was of a PARTICULARLY SENSITIVE NATURE (judgment of 1 July 2008, Sweden and Turco v Council, C 39/05 P and C 52/05 P, EU:C:2008:374, paragraph 69).
Even If i am not convinced that this exception could still be raised (bearing in mind the post Lisbon Constitutional dimension of legislative transparency), I am not convinced that this exception may be raised also according to the pre-Lisbon standards as still described in art 4(2) second indent of Regulation 1049/01. In my opinion a legal opinion whose aim is to help the legislator in finding a compromise is not of PARTICULARLY SENSITIVE nature or more sensitive, to make an exemple, than the legal opinion which was dealt with by the CJEU on 16 February 2022 in Cases C 156/21, and C 157/21, (paragraphs 55-58 ).

I hereby ask you to give public access to a full version of the document WK 1899 2023 ADD 1.

Thanks in advance for your understanding

Yours faithfully,

Emilio De Capitani
11 rue Darwin
1190 Bruxelles

NB A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/acces...