Hello,

under Regulation 1049/2001, I would like to request all implementation reports provided by the High Representative to the Political and Security Committee on the implementation of assistance measures under the European Peace Facility, as mentioned in the reply to parliamentary question E-000937/2023.

Yours faithfully,

Alexander Fanta
netzpolitik.org e.V.
Schönhauser Allee 6-7
10119 Berlin
Germany

Dear European External Action Service,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Implementation report on European Peace Facility'.

The response I received states that certain information has been redacted in accordance with Article
4(1)(a), first, second and third indents, of the Regulation. It does not specify which information in particular is covered by these exceptions. I would like to point out that the General Court ruled in the Evropaïki Dynamiki case (T-167/10) in regard to a matter of public security that the Commission had to show how disclosure „could specifically and actually undermine that objective in a way that is reasonably foreseeable and not purely hypothetical“. In the Steinberg case (T-17/10), the General Court established that there was a concrete risk of disclosure as the documents might be used to exert pressure on the relevant persons, even to make threats to their physical or moral integrity. I would like to contend that in the present case, the Commission must examine whether the high standard of the exception is met, namely that disclosure would result into an actual threat. Likewise, Court of Justice of the EU has said that the risk to international relations must be reasonably foreseeable and not purely hypothetical. The institution must show that the document requested specifically and actually undermines the interest protected by the exception. The response I received states that "this information may be used by hostile or malicious actors against the interests of the EU and its Member States", but I don't think this is specific enough to warrant a blanket exemption from public disclosure.

In regard to the information redacted under Article 4(3) first subparagraph, the response remarks that disclosure would hinder "the EU institutions, its Member States and its partner countries capacity to pursue their strategic goals and actions concerning the geographical areas at issue". I believe this to be a very general statement that does not specifically demonstrate how disclosure would undermine the protected interest. I therefore ask to re-examine the document in question and de-redact information that can not be concretely and plausibly claimed to undermined the protection of ongoing decision-making. Furthermore, I would like to argue an overriding public interest in disclosure, as rising confrontation in the world makes European security aid, in particularly lethal weapons, a great concern for many European citizens. Failure to provide detailed information about such aid can give rise to doubts in the minds of many as to its alignment to the objectives of European foreign and security policy.

Yours faithfully,

Alexander Fanta