Council of the European Union
General Secretariat
Directorate-General Communication and Information - COMM
Directorate Information and Outreach
Information Services Unit / Transparency
Head of Unit
Brussels, 6 November 2024
Mr Maximilian Henning
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Ref. 24/2602
Request made on: 09.10.2024
Deadline extension: 30.10.2024
Dear Mr Henning,
Thank you for your request for access to documents of the Council of the European Union.1
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Please find attached document
ST 13980/24,
as requested.
Moreover, I regret to inform you that access to document
ST 12928/24 cannot be given for the
reasons set out below.
Document
ST 12928/24 contains the EU cyber census progress report on the implementation of
the EU policy on cyber defence, discussed at Coreper II on 9 October 2024 and adopted by the
Council at its “Foreign Af airs” meeting on 14 October 2024.
It is a classified document, bearing the classification “
RESTREINT UE-EU RESTRICTED”, which
means that the unauthorised disclosure of its contents could be disadvantageous to the interests of
the European Union or of one or more of its Member States.2
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It contains a detailed description of progress made by the EU Institutions, Bodies and Agencies as
well as by the EU Member States’ authorities in the implementation of the EU Policy on Cyber
Defence. Additionally, it analyses and provides recommendations on work in progress based on
1
The General Secretariat of the Council has examined your request on the basis of the applicable rules:
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, 31.5.2001, p. 43) and the specific
provisions concerning public access to Council documents set out in Annex II to the Council's Rules of Procedure
(Council Decision No 2009/937/EU, OJ L 325, 11.12.2009, p. 35).
2
Council Decision of 23 September 2013 on the security rules for protecting EU classified information
(2013/488/EU), OJ L 274, 15.10.2013, p. 1.
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classified input provided by the national authorities to the document. The combination of such
sensitive information provides clear insights into current and future military capabilities both at EU-
level and in Member States and identifies key chal enges to address in the current military cyber
ecosystem.
In the light of the above, and following consultations with the competent services, the General
Secretariat is of the opinion that the release of document
ST 12928/24 to the wide public would
cause prejudice to the strategic approach of the EU and its Member States to the abovementioned
military cyber challenges and to the EU’s relations with its international partners in this sensitive
field. Therefore, public access to this report must be denied as it would undermine the protection of
the public interest as regards defence and military matters and international relations.3
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We have also looked into the possibility of releasing parts of this document.4 However, as the
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information contained therein forms an inseparable whole, the General Secretariat is unable to
give partial access.
Pursuant to Article 7(2) of Regulation (EC) No 1049/2001, you may ask the Council to review this
decision within 15 working days of receiving this reply. Should you see the need for such a review,
you are invited to indicate the reasons thereof.
Yours sincerely,
Fernando FLORINDO
(Enclosure)
3
Article 4(1)(a), second and third indent of Regulation (EC) No 1049/2001.
4
Article 4(6) of Regulation (EC) No 1049/2001.
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Document Outline
