Implications of Chat Control for Defence Sector
Dear European Defence Agency,
Pursuant to Regulation (EC) No 1049/2001, Article 15 TFEU, and Article 42 of the Charter of Fundamental Rights, I hereby request access to:
Any correspondence, analyses, assessments, or briefing notes prepared by or for the European Defence Agency concerning the European Commission proposal to combat child sexual abuse material (CSAM, “Chat Control”), in particular with respect to:
1) The security of encrypted communications in defence and military contexts.
2) The implications of mandatory scanning technologies for operational security, defence supply chains, or EU strategic autonomy.
3) Any exchanges with the European External Action Service (EEAS), the European Commission (DG HOME, DG DEFIS, DG CONNECT), or Member States regarding these issues.
Timeframe: 2020 – present.
If Article 4(1), 4(2), or 4(3) exceptions are invoked, I request partial access under Article 4(6). I submit that there exists an overriding public interest in disclosure, given the potential implications for the Union’s security, strategic autonomy, and defence posture.
Please acknowledge receipt and process this request within the statutory 15 working days foreseen in Article 7 of Regulation 1049/2001.
Yours faithfully,
Andrej Magyar
Dear Mr Magyar,
Thank you for your e-mail dated 11 September 2025. We therefore
acknowledge receipt of your application for access to documents, which was
registered today, 11 September 2025, under reference number 2025/27/IN.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
02/10/2025. In case this time limit needs to be extended, you will be
informed in due course.
Sincerely,
EDA Access to Documents
[1]signature_572346763
[2]A picture containing drawing Description
automatically generated
[7]signature_962340998
FOLLOW US ON [3]signature_1410448363 [8][EDA request email]
[4]signature_1761553044 [9]signature_1728784819 Rue des
[5]signature_1554460717 [6]signature_1422700287 Drapiers 17-23, 1050 Brussels,
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[11]www.eda.europa.eu
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Dear Mr Magyar,
We refer to your application for access to documents sent by e-mail on 11
September 2025 and registered on the same date with reference number
2025/27/IN.
Your application
In your application you request access to documents such as any
correspondence, analyses, assessments, or briefing notes prepared by or
for the European Defence Agency concerning the European Commission
proposal to combat child sexual abuse material (CSAM, “Chat Control”), in
particular with respect to:
1) The security of encrypted communications in defence and military
contexts.
2) The implications of mandatory scanning technologies for operational
security, defence supply chains, or EU strategic autonomy.
3) Any exchanges with the European External Action Service (EEAS), the
European Commission (DG HOME, DG DEFIS, DG CONNECT), or Member States
regarding these issues.
Timeframe: 2020 – present.
Assessment
We have conducted an internal search of the documents falling within the
scope of your request and we would like to inform you that the Agency does
not hold documents relevant to your request.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of
access applies only to existing documents in the possession of the
institution. Given that no such documents, corresponding to the
description given in your application, are held by EDA, the latter is not
in a position to fulfil your request.
For your complete information, please note that EDA is an Agency
established by the Treaty on the European Union (TEU), and particularly in
articles 42 and 45 thereof and operates under the authority of the
Council. The Agency’s statute and operational rules are provided by the
Council Decision (CFSP) 2015/1835, which also details its mission and
tasks. You can find further details on our activities and tasks under
[1]What we do (europa.eu).
Therefore, the Agency is not participating in the decision-making process
of the European Commission and its proposal to combat child sexual abuse
material (CSAM, “Chat Control”), a matter that does not fall within its
mandate.
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 e-mail to the Chief Executive of EDA to the following
email: [2][EDA request email]
Sincerely,
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From: ACCESS TO DOCUMENTS <[EDA request email]>
Sent: Thursday, 11 September 2025 16:52
To: Andrej Magyar <[FOI #16313 email]>
Cc: ACCESS TO DOCUMENTS <[EDA request email]>
Subject: RE: access to documents request - Implications of Chat Control
for Defence Sector
Dear Mr Magyar,
Thank you for your e-mail dated 11 September 2025. We therefore
acknowledge receipt of your application for access to documents, which was
registered today, 11 September 2025, under reference number 2025/27/IN.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
02/10/2025. In case this time limit needs to be extended, you will be
informed in due course.
Sincerely,
EDA Access to Documents
[6]signature_572346763
[7]A picture containing drawing Description
automatically generated
[12]signature_962340998
FOLLOW US ON [8]signature_1410448363 [13][EDA request email]
[9]signature_1761553044 [14]signature_1728784819 Rue des
[10]signature_1554460717 [11]signature_1422700287 Drapiers 17-23, 1050 Brussels,
Belgium
[15]signature_1141883288
[16]www.eda.europa.eu
[17]signature_572346763
Dear European Defence Agency,
On 11th September 2025, I requested access to documents to EDA within the following scope:
Any correspondence, analyses, assessments, or briefing notes prepared by or for the European Defence Agency concerning the European Commission proposal to combat child sexual abuse material (CSAM, “Chat Control”), in particular with respect to:
1) The security of encrypted communications in defence and military contexts.
2) The implications of mandatory scanning technologies for operational security, defence supply chains, or EU strategic autonomy.
3) Any exchanges with the European External Action Service (EEAS), the European Commission (DG HOME, DG DEFIS, DG CONNECT), or Member States regarding these issues.
Timeframe: 2020 – present.
On 11th September, EDA replied, registering the request under reference number 2025/27/IN
On 16th September, EDA responded that after an internal search for documents, no such documents within scope were found.
On 19th September, I have performed a final assessment of the request conversation, as follows:
While I recognize that EDA is not a decision-making body, the fact that no such document is held indicates that EDA does not consider the matter within its mandate.
Council Decision 2015/1835 states EDA's mission in Article 2:
1. The mission of the Agency is to support the Council and the Member States in their effort to improve the Union's defence capabilities in the field of crisis management and to sustain the CSDP as it currently stands and as it develops in the future.
2. The Agency shall identify operational requirements, promote measures to satisfy those requirements, contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, participate in defining a European capabilities and armaments policy, and assist the Council in evaluating the improvement of military capabilities.
3. The Agency's mission shall be without prejudice to the competences of Member States in defence matters.
While CSAM regulation does not directly relate to EDA's mission by its internal definitions, its implications can be profound if abused and/or expanded upon later on, which plays directly into subsections 1 and 2 of the EDA's mission. In particular EDA's mission to "support the Council and the Member States in their effort to improve the Union's defence capabilities" and "contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector"
As such, I am disappointed in lack of documents, but do appreciate your fast response nevertheless. Turnaround time of 5 days from initial submission to final response speaks volumes to which EDA holds professionalism.
I consider the inquiry 2025/27/IN closed.
Yours sincerely,
Andrej Magyar