Dear Mr. Breyer,
Europol has assessed your request and identified the following documents:
1. EDOC#1280742 - Presidency discussion document – “Afternoon working session on the fight against organised crime in the digital era – ‘Going dark’”;
2. EDOC#1287235 - Council document titled “Proposal to establish a High-Level Expert Group on Access to Data”;
3. EDOC#1278512 - Internal briefing note - Informal Justice and Home Affairs (JHA) Council meeting 26-27 January 2023 Stockholm;
4. EDOC#1286356 - Internal briefing note prepared for ED - Joint PSC/COSI meeting followed by COSI meeting 21-22 February 2023, Brussels.
We are pleased to inform you that documents 1 and 2 are publically available at the following links:
Document 1 -
https://swedish-presidency.consilium.europa.eu/media/pamhtdue/the-fight-against-organised-crime-going-dark.pdf
Document 2 -
https://data.consilium.europa.eu/doc/document/ST-5601-2023-INIT/en/pdf
We are also pleased to inform you that partial access to has been granted to documents 3 and 4, herewith attached. Redactions have been made to a minor extent (indicated throughout the text in black shapes ‘[…]’) by redacting personal data and information on Europol’s capabilities and positions related to the topics as well as Europol’s potential future contributions. These redactions are grounded on Articles 4(1)(a), 4(1)(b) and 4(3) of the Management Board Decision laying down the rules for applying Regulation 1049/2001 with regard to Europol documents (the MB Decision on Public Access). The disclosure of such sensitive information would undermine the protection of the public interest as regards the public security, such as the proper fulfilment of Europol’s tasks, pursuant to Article 4(1)(a) of the MB Decision on Public Access, the protection of the privacy and integrity of the individuals therein mentioned under Article 4(1)(b) of the MB Decision on Public Access, as well as the decision making process at Europol pursuant to Article 4(3) of the aforementioned Decision. The release of such sensitive information, details as regards Europol’s capabilities/tools and positions related to the topics as well as Europol’s potential future contributions, to the public could have a negative impact on the internal work processes at Europol, as well as on the trust and mutual cooperation between Europol and its partners, which is essential to Europol’s activities, consequently preventing Europol from fulfilling its tasks. In addition, the disclosure of the assessments and positions would seriously undermine the decision-making process at Europol as it would reveal assessments or positions for topics where the decisions have not yet been taken. No overriding public interest is identified.
You may make a confirmatory application asking Europol to reconsider its position within 15 working days of receiving Europol’s reply, in accordance with Article 5(4) of the MB Decision on Public Access.”
Kind Regards,
G2-01 Corporate Law
