Council of the European Union
General Secretariat
Directorate-General Communication and Information - COMM
The Director-General
Brussels, 21 December 2022
SGS 22 / 3273
Ms Clothilde Goujard
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your Confirmatory Application 17/c/01/22
Dear Ms Goujard,
Please find enclosed the reply from the Council to the confirmatory application you introduced on 3
October 2022 and which was registered by our service on the same day.
You will also find attached documents WK 10235/22 REV 1, WK 10235/22 ADD 1 REV 1, WK
10235/22 ADD 1 REV 2, WK 10235/22 ADD 2 and WK 10235/22 ADD 2 REV 1, to which the
Council decided to grant a full access.
Yours sincerely,
Peter JAVORCIK
acting Director-General
Enclosures: 6.
Rue de la Loi/Wetstraat 175 - B-1048 Bruxelles/Brussel - Belgique/België
Tél./Tel. +32 (0)2 281 58 25 - www.consilium.europa.eu
REPLY TO CONFIRMATORY APPLICATION 17/c/01/22,
made by email on 3 October 2022 and registered on the same day
Following this confirmatory application, the Council has considered the possibility to grant access
to the documents requested thereby, in accordance with Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May 2001
1 and Annex II to the Council's Rules of
Procedure
2, and has come to the following conclusion:
1. On 11 August 2022 the Applicant submitted a request for access to all working papers and
other documents containing positions, comments and text proposals of EU Member States
related to the Proposal for a Regulation of the European Parliament and of the Council laying
down rules to prevent and combat child sexual abuse between 11 May 2022 and 10 August
2022 (file 2022/0155 COD).
2. On 21 September 2022, the General Secretariat of the Council (GSC) replied to this
application. It initially identified documents WK 10235/22 INIT of 12 July 2022,
WK 10235/22 ADD 1 of 18 July 2022, WK 10235/22 ADD 1 REV 1 of 19 July 2022,
WK 10235/22 REV 1 of 19 July 2022, WK 10235/22 ADD 1 REV 2 of 25 August 2022,
WK 10235/22 ADD 2 of 25 August 2022 and WK 10235/22 ADD 2 REV 1 of 8 September
2022 as corresponding to the request. The GSC refused access to those documents, grounding
its decision on the exception to the right of access relating to the protection of the institution's
decision-making process (Article 4(3), first subparagraph, of Regulation (EC) No 1049/2001).
3. On 3 October 2022, the Applicant introduced a confirmatory application. The Applicant
contests the refusal and asks the Council to reconsider the GSC's decision.
1
OJ L 145, 31.5.2001, p. 43.
2
Council Decision 2009/937/EU (OJ L 325, 11.12.2009, p. 35).
1
4. It should be noted that documents WK 10235/22 INIT and WK 10235/22 ADD 1, mentioned
in the reply to the initial Application, contained text that was not supposed to be inserted in
the documents and which was included by mistake. When this mistake was discovered, new
documents WK 10235/22 REV 1 and WK 10235/22 ADD 1 REV 1 were issued to replace the
previous documents which are therefore to be considered as cancelled. Thus, the documents
identified as corresponding to the request are WK 10235/22 REV 1, WK 10235/22 ADD 1
REV 1, WK 10235/22 ADD 1 REV 2, WK 10235/22 ADD 2 and WK 10235/22 ADD 2
REV 1.
5. The Council has carefully considered the confirmatory application. Having thoroughly
scrutinized the requested documents, taking due regard to the state of play of the file and after
carrying out renewed consultations, it has re-assessed whether, in full consideration of the
principles underlying Regulation (EC) No 1049/2001, in particular the aim of ensuring the
widest possible public access to documents, full public access can be provided at this stage.
6.
In light of this examination, the Council comes to the conclusion that, at this stage, the
disclosure of the requested documents does not undermine the legislative decision-making
procedure at issue and that there is an overriding public interest to grant full public access to
the requested documents.
CONCLUSION
7. For the reasons set out above, the Council concludes that full access to documents
WK 10235/22 REV 1, WK 10235/22 ADD 1 REV 1, WK 10235/22 ADD 1 REV 2,
WK 10235/22 ADD 2 and WK 10235/22 ADD 2 REV 1 can be granted.
2
