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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, 15 March 2022
Ms Vanja Skoric
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Ref. 22/0158-ADD-mj/vk
Request made on: 27.01.2022
Registered on:
28.01.2022
Deadline extension: 18.02.2022
1st reply sent on:
08.03.2022
Dear Ms Skoric,
Further to the letter sent to you on 8 March 2022 concerning your request for access to “
All
working papers and other documents containing positions, comments and text proposals of
member states on the Proposal for a Regulation of the European Parliament and of the Council
laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending
certain union legislative acts COM/2021/206 final, until the January 25 2022”1, the General
Secretariat has finished the examination of the remaining documents and has come to the
following conclusion:
You may have full access to documents
WK 13177/2021, WK 13455/2021, WK 130/2022 and
WK 868/2022.
Please find also attached a partially accessible version of document WK 13239/2021 INIT.
2 However, I regret to inform you that full access cannot be given for the reasons set out below.
1
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).
2
Article 4(6) of Regulation (EC) No 1049/2001.
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WK 13239/2021 INIT is a Working Document of 11 November 2021 from the General Secretariat
of the Council to the Working Party on Telecommunications and Information Society on Artificial
Intelligence Act. This document contains FR comments on Articles 1-29, Annexes I-IV (doc.
8115/21).
This document contains information on techniques and technologies used or which can be used to
identify and prevent risks and threats that some Member States face or might face in the near
future. Disclosure of this information would specifically and effectively undermine the protection of
public security of those Member States and of the European Union.
Full disclosure of the document would therefore undermine the protection of the public interest as
regards public security. As a consequence, the General Secretariat is not able to grant a full
access to the requested document
3.
However, as abovementioned, pursuant to Article 4(6) of the Regulation, you may have access to
the other parts of the document which are not covered by this exception.
I regret to inform you that access to documents
WK 13199/2021, WK 15346/2021,
WK 128/2022,
WK 192/2022 and
WK 242/2022 cannot be given for the reasons set out below.
Document
WK 13199/2021 is a Working Document of 3 November 2021 from the General
Secretariat of the Council to the Working Party on Telecommunications and Information Society
which contains IT comments on the Artificial Intelligence Act.
Document
WK 15346/2021 is a Working Document of 13 December 2021 from the General
Secretariat of the Council to the Working Party on Telecommunications and Information Society
which contains a Slovakia's non-paper in relation to Governance model under Artificial Intelligence
Act - European System of AI (Digital) Supervision.
Documents
WK 128/2022,
WK 192/2022 and
WK 242/2022 are Working Documents of 7, 8 & 10
January 2022 from the General Secretariat of the Council to the Working Party on
Telecommunications and Information Society which contain SK, BG and IT comments on the
Artificial Intelligence Act.
These documents concern an issue which is stil under discussion within the preparatory bodies of
the Council.
The Working Documents contain preliminary positions the disclosure of which could directly and
immediately jeopardise the progress of the negotiations and would therefore diminish the chances
of the Council reaching an agreement.
3
Article 4(1)(a), first indent, of Regulation (EC) No 1049/2001.
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Disclosure of these documents at this stage would therefore seriously undermine the decision-
making process of the Council.
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.
As a consequence, the General Secretariat has to refuse access to the documents at this stage.
4 We have also looked into the possibility of releasing parts of the documents.
5 However, as the
information contained in each of the documents forms an inseparable whole, the General
Secretariat is unable to give partial access at this stage.
I would also like to inform you that once the legislative act in question is adopted, these documents
and any other legislative documents relating to this act wil be made available to the public.
6
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: 5
4
Article 4(3), first subparagraph, of Regulation (EC) No 1049/2001.
5
Article 4(6) of Regulation (EC) No 1049/2001.
6
Pursuant to Article 11(6) of Annex II to the Council Rules of Procedure (Council Decision No 2009/937/EU,
OJ L 325, 11.12.2009, p. 35) and unless their content is covered by Article 4(1), (2) or (3), second subparagraph,
of Regulation (EC) No 1049/2001.
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Document Outline