Stefan Soesanto

Dear European Defence Agency,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Agenda, presentation slides, scenario briefing documents, lessons learned, and participant feedback from the live fire exercise held in mid-February 2021 (Technical track of the EU MilCERT Interoperability Conference 2021).

Yours faithfully,
Stefan Soesanto

ACCESS TO DOCUMENTS, Agence européenne de défense

Dear Sir,

We hereby acknowledge receipt of your application for access to documents, which was registered by EDA on 09 June 2021.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, applicable to EDA in accordance with Article 30 of Council Decision 2015/1835 of 12 October 2015, your application will be handled within 15 working days. The time limit will expire on 29 June 2021. In case this time limit needs to be extended, you will be informed in due course.

Yours sincerely,

EDA Access to Documents

[EDA request email]
Rue des Drapiers 17-23
1050 Brussels
Belgium
www.eda.europa.eu

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ACCESS TO DOCUMENTS, Agence européenne de défense

Dear Sir,

We refer to your email of 08 June 2021, by which you submit an access to documents request under the provisions of Regulation (EC) No 1049/2001 regarding public access to documents, registered under the reference 2021/14/IN.

In your request you seek access to:

"Agenda, presentation slides, scenario briefing documents, lessons learned, and participant feedback from the live fire exercise held in mid-February 2021 (Technical track of the EU MilCERT Interoperability Conference 2021".

We have identified a number of documents falling within the scope of your request.

However, having carefully examined the documents, we regret to inform you that access cannot be granted, as disclosure is prevented by an exception to the right of access laid down in Article 4 of the Regulation.

These documents are protected by the following exception:

- Art. 4(1)(a) second indent - defence and military matters

The requested documents related to the Technical track of the EU MilCERT Interoperability Conference contain sensitive information about defence and military matters based on the feedback given by the Member States whose sole purpose is to strengthen the EU milCERT network.

A release would comprise information on the functioning of the military CERT from the Member States, capabilities and limitations, as well as on information processing, sharing and reporting within and between the EU military organisations.

The disclosure of such sensitive documents would undermine the protection of defence and military matters, thus seriously undermining and disrupting the work and operational capabilities of EU military forces.

In addition, such disclosure would allow third parties conclusions on work processes and decision-making of the EU institutions and national entities of Member States in the area of cyber defence, in particular of the EU military CERT community.

We have considered whether partial access could be granted to the documents requested. Unfortunately, even in such a case the interests protected under Article 4 would be prejudiced. Therefore, access to the entirety of these documents must be refused.

Means of redress

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a confirmatory application requesting EDA to review its position. Such a confirmatory application should be addressed within 15 working days upon receipt of this email to the Chief Executive of EDA to the following email: [EDA request email]

Yours sincerely,

EDA Access to Documents

[EDA request email]
Rue des Drapiers 17-23
1050 Brussels
Belgium
www.eda.europa.eu

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