REPLY ADOPTED BY THE EUROPEAN COUNCIL
BY WRITTEN PROCEDURE ON 9 NOVEMBER 2021
TO CONFIRMATORY APPLICATION 35/c/01/21
for public access to documents,
pursuant to Article 7(2) of Regulation (EC) No 1049/2001
The European Council has considered the confirmatory application under 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)
(hereafter referred to as "Regulation (EC) No 1049/2001") and Article 10(2) of its Rules of
Procedure (European Council Decision No 2009/882/EU, OJ L 315, 2.12.2009, p. 51), which makes
Annex II to the Council’s Rules of Procedure (Council Decision 2009/937/EU, Official Journal L
325, 11.12.2009, p. 35) applicable
mutatis mutandis, and has come to the following conclusion:
1. On 21 August 2021, the applicant made an initial application for access to “
all documents,
files, folders, notes, memos, correspondence on UAPs/UFOs”.
2. In its reply of 1 September 2021, the General Secretariat of the Council (GSC) informed the
applicant that it does not hold any document related to the matter.
3. On 5 September 2021, the applicant made a confirmatory application stating the following:
"
Earlier this year I sent documents to several members of the European Council expressing
my concerns that the United States Department of Defence confirmed that UAPs are real and
established the UAP Task Force to investigate these encounters between UAPs and the United
States Military. I asked why the European Union does not have a body to investigate or
receive reports of incursions in EU airspace by UAP. Therefore, I can state as a fact that the
European Council does have documents regarding UFOs/UAP. As you are aware, it is an
offence to supply false or misleading information in reply to a FOIA request. Please be kind
enough to honour your reasonability to me and furnish me with the information requested."
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link to page 2 link to page 2 link to page 2
4. Following the confirmatory application, the European Council has reassessed the application
in full consideration of the principle of transparency underlying Regulation (EC)
No 1049/2001 and in light of the applicant's comments.
5. The right of access to documents held by the institutions within the meaning of Article 2(3) of
Regulation (EC) No 1049/2001 applies only to existing documents in the possession of the
institution concerned. The Regulation does not oblige an institution to create a document for
which it has been asked to grant access but which does not exist.
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6. Nevertheless, the Court has stated that the fact that a document to which access has been
requested does not exist or the fact that it is not in the possession of the institution concerned
does not make Regulation (EC) No 1049/2001 inapplicable.
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7. Therefore, the competent services of the GSC
3 have conducted a new thorough investigation
in order to ensure that the initial research had been exhaustive and that the initial request had
been handled properly. Those services have confirmed that they do not hold any documents or
information exchanges on the topic of interest to the applicant.
8. The applicant claims however that he has sent documents on the subject of UAPs/UFOs to
several members of the European Council and that this would prove that the European
Council is in possession of documents on UAPs/UFOs. It should be pointed out that even if
the applicant has addressed letters to heads of State or government of EU Member States as
“Members of the European Council”, that does not mean that the European Council as an
institution currently holds such letters.
Conclusion
9. In light of the above, the European Council can only confirm the General Secretariat's
information that it does not hold any documents containing information on UAPs/UFOs.
1
Judgment of 2 October 2014, Case C-127/13 P, Strack v Commission, ECLI:EU:C:2014:2250, paragraphs 38
and 46.
2
Idem, paragraph 41.
3
The General Secretariat of the Council, under the authority of its Secretary-General, assists the European
Council and its President in accordance with Article 13(1) of the European Council Rules of Procedure (OJ, L
315/55 of 2.12.2009).
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