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, 30 August 2023
Mr Davide Giovannelli
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Ref. 23/2162- vl-lk/ns
Request made on:
17.07.2023
Deadline extension: 08.08.2023
Dear Mr Giovannelli,
Thank you for your request for access to documents of the Council of the European Union.1
Please find attached documents
ST 10289/23 + COR 1, WK 10275/2022 and
WK 15858/2022
as requested.
Moreover, please find attached a partially accessible version of document
WK 5169/2023.2
You may have access to its full contents, with the exception of the final line of an internal
complimentary clause that was unintentionally left in the document owing to a technical error
(the official’s identity being covered by exception 4(1)(b) of Regulation (EC) No 1049/2001).
Furthermore, I regret to inform you that access to document
ST 10289/23 ADD 1 cannot be given
for the reasons set out below.
Document
ST 10289/23 ADD 1 is an addendum to the Note entitled “Draft Revised Implementing
Guidelines of the Cyber Diplomacy Toolbox - approval of the final text” from the General
Secretariat of the Council to the Council’s Political and Security Committee. It
is a classified
document, bearing the classification "
RESTREINT UE/EU RESTRICTED". This means that the
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
Article 4(6) of Regulation (EC) No 1049/2001.
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unauthorised disclosure of its contents could be disadvantageous to the interests of the European
Union or of one or more of its Member States.3
In line with the principles presented in “Revised Implementing Guidelines of the Cyber Diplomacy
Toolbox”, this addendum elaborates on additional measures which can be used through EU
diplomatic engagement, with a view to preventing, discouraging, deterring or responding to cyber
threat actors and malicious cyber activities. These measures form part of the Cyber Diplomacy
Toolbox and are presented in the form of diplomatic, political, legal, strategic communication,
technical, operational or economic actions, focussing on the delivery of a preventive, stabilising,
cooperative, normative, restrictive, supportive or mitigative effect.
Cyber security is an integral part of public security. Disclosure of document
ST 10289/23 ADD 1
would reveal to malicious circles the possible EU measures mentioned above and would thus
compromise the EU instruments aimed at safeguarding public security. Disclosure of the document
would therefore undermine the protection of the public interest as regards public security.
Consequently, the General Secretariat has to refuse access to this document.4
We have also looked into the possibility of releasing parts of the document.5 However, as the
exception to the right of access applies to its entire content, 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
(Enclosures: 5)
3
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.
4
Article 4(1)(a), first indent, of Regulation (EC) No 1049/2001.
5
Article 4(6) of Regulation (EC) No 1049/2001.
Rue de la Loi/Wetstraat 175 - B-1048 Bruxelles/Brussel - Belgique/België
Tel. +32 (0)2 281 67 10 - www.consilium.europa.eu - xxxxxx@xxxxxxxxx.xxxxxx.xx
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