Dear European External Action Service,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

All communication in 2021 between the European External Action Service and the Ukrainian government about a possible deployment of an EU Military and Advisory Mission, including but not limited to the letter(s) from Ukraine's foreign and defence minister to Mr Borrell.

Sincerely
Peter Teffer

postal address:
Peter Teffer
Ekko Voorkamer
Bemuurde Weerd WZ 3
3513 BH Utrecht
The Netherlands

Dear Madam, Sir,

I write to you in relation to my access to documents request, which the EEAS has registered under reference number 2022/004. I was informed I would receive a reply within 15 working days at the latest, i.e. 21 January 2022. Today is 24 January 2022.

Regulation 1049/2001, which the EEAS claims to respect, indeed determines that a reply should be sent within 15 working days. An extension of that time-limit is only possible in "exceptional cases", and only if "the applicant is notified in advance and that detailed reasons are given".

I have not received any notification in advance, let alone detailed reasons as to why my application should be an exceptional case. I therefore am entitled to a confirmatory application.

However, in the spirit of good cooperation between applicant and institution, I would like to provide the EEAS an additional 48 hours to finalise the handling of my request.

Sincerely,
Peter Teffer

Dear Madam, Sir,

Thanks for your short message. However, I would like to point out that Regulation 1049/2001 demands that if an extended time-limit is needed, the applicant is given "detailed reasons" why this is required. I have not yet been informed why my application is of an "exceptional" nature, requiring additional time.

Sincerely,
Peter Teffer

Dear Mr Sampol,

I thank you for your reply to my request for access to documents, which had been registered under reference number 2022/004.

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.

I have some understanding for the argument that the release of the documents 3 and 4 may fall under the exceptions that prevent disclosure, but I do not see how those exceptions prevent a release of document 1.

Document 1 is a letter written by the Minister of Foreign Affairs of Ukraine and Minister of Defence of Ukraine. I do not see how the public disclosure of a letter not authored by the EEAS or an EU member state, would affect the institution's decision-making process.

I do not believe that a letter written by the Minister of Foreign Affairs of Ukraine and Minister of Defence of Ukraine would include "internal positions of the EU Member States", because by their nature those positions are only internal if Ukrainian ministers do not know about them.

A letter written by the Ukrainian ministers also by nature cannot "reveal[..] to the public the internal assessments and different options as regards the current and future CSDP engagement in Ukraine as part of the EU comprehensive approach to Ukraine" because such a letter can only contain a request for an engagement, but cannot contain internal assessments since that is the prerogative of the EU Member States themselves.

As for documents 2, it is hypothetically possible (not having seen the document makes it impossible for me to know) that this letter from the Ukrainian ministers contains EU internal positions, since it is a reply to the letter from 12 Foreign Affairs and Defence Ministers. But the mere fact that there is a letter from 12 Foreign Affairs and Defence Ministers, as opposed to 27 Foreign Affairs and Defence Ministers (i.e. the number of EU member states), reveals that there are different points of view within the EU. Otherwise the letter would have been signed by all member states.

The fact that member states think differently about whether or not to change the EU CSDP engagement in Ukraine, will come to no surprise to anyone. Foreign affairs and defence are still mainly national competences. The ability of third actors to exploit differences between EU member states is already there because it is well-known that member states have different positions. I doubt that the publication of these documents 1-4 would increase knowledge of those differences.

I understand there is a balance to strike between security and defense concerns, and the public interest. But I am not convinced that in especially the case of document 1, but perhaps also the other documents, the outcome of that balancing exercise should be a full refusal to the document.

There is a possibility of armed conflict in Ukraine that may involve citizens or military personell of EU member states. This is of obvious public interest to EU citizens. It is thus in the public interest that EU citizens know what requests the Ukrainian ministers specifically have made. It also seems clear to me that they should know the position their member state takes in CSDP discussions. It would allow EU citizens to engage in a democratic debate about what the CSDP engagement in Ukraine could be.

I therefore would like to request that you reconsider my request, and also consider the possibility of partial disclosure.

Sincerely
Peter Teffer