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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, 21 September 2022
Ms Clothilde Goujard, Ms Christina Gennet
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Ref. 22/1693-rh/nb
Request made on: 11.08.2022
Deadline extension: 02.09.2022
Dear Ms Goujard,
Dear Ms Gennet,
Thank you for your request for access to documents of the Council of the European Union.
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Please attached the following documents that we have identified as related to your request:
ST 9068/22 INIT
ST 9868/22 ADD 1
ST 9068/22 ADD 2
ST 9068/22 ADD 3
ST 9068/22 ADD 4
WK 7201/22
WK 9107/22
However, I regret to inform you that access to documents
WK 10235/22 INIT + REV 1 + ADD 1 +
ADD 1 REV 1 + ADD 1 REV 2 + ADD 2 + ADD 2 REV 1 that we have identified as corresponding
to your request cannot be given for the reasons set out below.
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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).
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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Documents
WK 10235/22 INIT + REV 1 + ADD 1 + ADD 1 REV 1 + ADD 1 REV 2 + ADD 2 +
ADD 2 REV 1 are meeting documents from the General Secretariat of the Council to the Law
Enforcement Working Party (Police) on the Proposal for a Regulation of the European Parliament
and of the Council laying down rules to prevent and combat child sexual abuse, and contain
compilations of comments from EU Member States on the above-mentioned proposal.
These documents concern a very sensitive issue which is stil at the early stage of discussion
within the preparatory bodies of the Council. For the Council to reach a common position on these
negotiations, its Member States hold consultations and exploratory talks. To reveal the contents of
such talks before a common position has been reached would interfere with the negotiations and
would jeopardise the conclusion of an agreement within the Council.
The disclosure of the texts at a moment when the appropriate balance of the various interests
involved has not yet been achieved within the Council's preparatory bodies would reduce the
flexibility for delegations to formulate and reconsider their positions in the light of the arguments
exchanged in the debate. This would seriously affect the chances of finding a convergence in
delegation's positions.
In addition, should the texts be released, third parties may attempt to influence or exert pressure
on the policy choices to be made in the decision making process in question. Disclosure of the
requested documents at this stage would thus seriously undermine the decision-making process
pursuant to Article 4(3) first indent of Regulation (EC) No 1049/2001 of the European Parliament
and of the Council of 30 May 2001 regarding public access to European Parliament, Council and
Commission documents.
The General Secretariat has weighted your interest in being informed of progress in this area
against the general interest that progress be made in an area that is stil the subject of
negotiations. It considers that, at this stage, disclosure of the documents would be premature in
that it would impede the proper conduct of the negotiations and compromise the conclusion of an
agreement.
We have also looked into the possibility of releasing parts of these documents.
2 However, as the
exception to the right of access applies to their entire content, the General Secretariat is unable to
give partial access.
2 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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Having examined the context in which the documents were drafted and the current state of play on
this matter, on balance the General Secretariat could not identify any evidence suggesting an
overriding public interest in their disclosure.
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: 7 - WeTransfer link to donload the
documents: https://we.tl/t-zj14tdZfxJ
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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Document Outline
