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Saatja: <=?utf-8?Q?Kirke_H=C3=A4rma-Tamme?=> Saadetud: 14.06.2023 14:35 Adressaat: <"SM Info"> Teema: FW: Working Party on Information 16 June 2023 - Confirmatory applications No 11/c/01/23, 12/c/01/23, 13/c/01/23, 14/c/01/23, 15/c/01/23, 16/c/01/23, 18/c/02/23 and 19/c/01/23 Tähtsus: Kõrgeim Tere Edastan dokumendid, mille osas küsitakse EE seisukohta. Palun saatke vastus, kas hääletame JAH/EI (sh kas plaanis statement) hiljemalt homseks õhtuks ehk 15. juuni tööpäeva lõpuks. Vabandan lühikese tähtaja pärast. Kui tegemist ei ole teie valdkonda kuuluva teemaga, palume sellest teavitada esimesel võimalusel. Tagasisidet oodates Kirke Härma-Tamme Sekretär-asjaajaja Õiguspoliitika osakond Justiitsministeerium From: TRANSPARENCY Council Secretariat (COMM) &lt;[email protected]&gt; Sent: Friday, June 9, 2023 10:44 AMTo: [email protected]; frederic-francis- [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Age Inkinen &lt;[email protected]&gt;; Kirke Härma-Tamme &lt;Kirke.Harma- [email protected]&gt;; [email protected]; Kristi Värk &lt;[email protected]&gt;; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; sgae-doc- [email protected]; [email protected]; pierre- [email protected]; [email protected]; [email protected]; [email protected]; pol-s5- [email protected]; [email protected]; e-stab-r1@auswaertiges- amt.de; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; josse- [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]: Working Party on Information 16 June 2023 - Confirmatory applications No 11/c/01/23, 12/c/01/23, 13/c/01/23, 14/c/01/23, 15/c/01/23, 16/c/01/23, 18/c/02/23 and 19/c/01/23 Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.Tundmatu saatja korral palume linke ja faile mitte avada. Dear Members of the Working Party on Information, The above-mentioned confirmatory applications will be examined at the WPI meeting on 16 June 2023. Documents 9107/23, 9423/23, 9498/23, 9445/23, 9464/23, and 9834/23 with the draft replies are available through Delegates Portal. Documents 9403/23 and 9664/23 will be issued shortly. Following the WPI meeting, the draft replies will be submitted to COREPER II (likely on 21 June 2023) and Council AGRI of 26 June 2023 (confirmatory application No 11/c/01/23) and GA of 27 June 2023 for adoption. Delegations are expected to indicate their voting intentions at the above mentioned WPI meeting. The attached tables will be filled in and circulated after that meeting. Kind regards, Transparency General Secretariat of the Council Directorate-General Communication and Information - COMM Directorate Information and Outreach Information Services Unit Rue de la Loi/Wetstraat, 175 - B-1048 Bruxelles/Brussel - Belgique/België | Disclaimer: The views expressed are solely those of the writer and may not be regarded as stating an official position of the Council of the EU Clause de non-responsabilité: Les avis exprimés n'engagent que leur auteur et ne peuvent être considérés comme une position officielle du Conseil de l'UE Council of the European Union Brussels, 23 May 2023 (OR. en) 9663/23 INF 125 API 94 NOTE From: General Secretariat of the Council To: Delegations Subject: Public access to documents - Confirmatory application No 18/c/02/23 Delegations will find attached: • the request for access to documents sent to the General Secretariat of the Council on 13 March 2023 and registered on the same day (Annex 1); • the replies from the General Secretariat of the Council dated 3 April 2023 and 27 April 2023 (Annex 2); • the confirmatory application dated 22 May 2023 and registered on the same day (Annex 3). 9663/23 ADB/nb 1 COMM.2.C EN  ANNEX 1 [E-mail message sent to [email protected] on Monday 13 March 2023, 09:28] From: DELETED Sent: 13 March 2023 09:28 To: TRANSPARENCY Access to documents (COMM) <[email protected]> Subject: Re: Ref. 23/0446-mj/el Dear TRANSPARENCY Access to documents (COMM), Following your message on March 9,2023 transmitting the list of the list of WK documents distributed between February 1st-15th I hereby request the TEXTS of the WK Listed below. By the same occasion and, in order to avoid duplicate requests for WK documents related to legislative procedures which have already been released in the public domain I hereby also ask in conformity with art.12.4 of Regulation 1049/01 where these documents could be downloaded. Thanks in advance Yours sincerely, DELETED SELECTION OF WK DOCUMENTS FROM THE LIST REFERRING TO THE PERIOD FEBRUARY 1ST-15th 1.847/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on information security in the institutions, bodies, offices and agencies of the Union- Outline of the governance structure as contained in the proposal- 2022/0084 (COD) 2.1236/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on information security in the institutions, bodies, offices and agencies of the Union- Draft opinion of the Council Security Committee for limiting the scope to EU classified information (EUCI)- 2022/0084 (COD) 3.843/2023-ADD1-Proposal for a Regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020: DE comments on Block 2 -2022/0272 (COD) 4.843/2023-ADD2-Proposal for a Regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020: ES comments on Block 2-2022/0272 (COD) 9663/23 ADB/nb 2 ANNEX 1 COMM.2.C EN 5.843/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020: delegations' comments on Block 2- 2022/0272 (COD) 6.847/2023-INIT- Proposal for a Regulation of the European Parliament and of the Council on information security in the institutions, bodies, offices and agencies of the Union- Outline of the governance structure as contained in the proposal- 2022/0084 (COD) 7.1236/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on information security in the institutions, bodies, offices and agencies of the Union- Draft opinion of the Council Security Committee for limiting the scope to EU classified information (EUCI)- 2022/0084 (COD) 8.1190/2023-INIT-REPowerEU Directive - 4column document-2022/0160 (COD) 9.1227/2023-INIT-Proposal for a Directive on Empowering consumers for the green transition -? Comments on Presidency third compromise text 5036/23-2022/0092 (COD) 10.1227/2023-REV1-Proposal for a Directive on Empowering consumers for the green transition -? Comments on Presidency third compromise text 5036/23-2022/0092 (COD) 11.1760/2023-INIT-Empowering consumers for green transition & Ecodesign proposals: complementary instruments against early obsolescence practices- Presentation by the Commission services - 2022/0092 (COD) 12.2057/2023-INIT-Proposal for a Directive on Empowering consumers for the green transition - Comments on Presidency forth compromise text 13.5036/23-REV1-2022/0092 (COD) 14.2057/2023-REV1-Proposal for a Directive on Empowering consumers for the green transition -? Comments on Presidency forth compromise text 5036/23 REV1-2022/0092 (COD) 15.1591/2023-INIT-ACI - 5-column document with SE Presidency Assessment for the informal video conference of the members of the WPTQ on 6 February 2023-2021/0406 (COD) 16.1141/2023-ADD1-Proposal for a Regulation of the European Parliament and of the Council on the European Union Drugs Agency- Outcome of technical meetings-2022/0009 (COD) 17.1141/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on the European Union Drugs Agency- Outcome of technical meetings-2022/0009 (COD) 18.1706/2023-INIT-Non-paper with a summary of the results of a consultation with Asset Recovery Offices-2022/0167 (COD) 19.1877/2023-INIT-Firearms Regulation on import, export and transit of civilian firearms - PPT presentation-2022/0288 (COD) 9663/23 ADB/nb 3 ANNEX 1 COMM.2.C EN 20.1935/2023-INIT-Euro 7: Commission’s answers to written MS comments-2022/0365 (COD) 21.1912/2023-INIT- Working Party on JHA Information Exchange (IXIM) of 8 February 2023 – Presentations-2022/0424 (COD) 22.1630/2023-INIT-Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU- Presidency compromise proposals and explanatory note-2022/0277 (COD) 23.2185/2023-ADD1Proposal for a Regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) Interinstitutional File 2022/0277 (COD) - COM (2022) 457 final- EMFA Regulation – Articles 17 to 19 - Comments from AT, FR, and IT delegations.-2022/0277 (COD) 24.2185/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) Interinstitutional File 2022/0277 (COD) - COM (2022) 457 final- EMFA Regulation – Articles 17 to 19 - Comments from CY, DE, FI, LV, NL, and SI delegations.- 2022/0277 (COD) 25.1232/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland)-2016/0397 (COD) 26.1814/2023-ADD1-Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland)- 2016/0397 (COD) 27.1814/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland)-2016/0397 (COD) 28.1505/2023-INIT-Proposal for a Regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] - Compilation of comments of delegations- 2020/0279 (COD) 9663/23 ADB/nb 4 ANNEX 1 COMM.2.C EN 29.1629/2023-ADD1- Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence - Presentation and exchange of views on a revised draft, submitted by the Presidency, of Chapters 3 and 4- 2022/0066 (COD) 30.1629/2023-COR1- Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence - Presentation and exchange of views on a revised draft, submitted by the Presidency, of Chapters 3 and 4- 2022/0066 (COD) 31.1629/2023-INIT-Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence - Presentation and exchange of views on a revised draft, submitted by the Presidency, of Chapters 3 and 4-2022/0066 (COD) 32.4366/2022-INIT-Proposition de directive du Parlement européen et du Conseil sur la lutte contre la violence à l'égard des femmes et la violence domestique- Tableau de correspondance entre articles et considérants de la proposition de directive-2022/0066 (COD) 33.1825/2023-INIT-Nature Restoration Regulation: WPE on 13 February 2023 – Presidency Steering Note-2022/0195 (COD) 34.1825/2023-REV1-Nature Restoration Regulation: WPE on 13 February 2023 – Revised Presidency Steering Note-2022/0195 (COD) 35.1899/2023-ADD1-Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work-2021/0414 (COD) 36.1899/2023-INIT-Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work-2021/0414 (COD) 37.2213/2023-INIT- Interoperable 9663/23 ADB/nb 5 ANNEX 1 COMM.2.C EN  ANNEX 2 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, 03 April 2023 DELETED Email: DELETED Ref. 23/0736-ws-lk-mj-em-rh-mw-adb/vk Request made on: 13.03.2023 Dear DELETED, Thank you for your request for access to documents of the Council of the European Union.1 Please find attached, as requested, the following documents: - WK 847/2023 - WK 1190/2023 - WK 1227/2023 - WK 1227/2023 REV 1 - WK 1232/2023 - WK 1591/2023 - WK 1630/2023 - WK 1760/2023 - WK 1825/2023 - WK 1825/2023 REV 1 - WK 1935/2023 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). 9663/23 ADB/nb 6 ANNEX 1 COMM.2.C EN  - WK 2057/2023 - WK 2057/2023 REV 1 - WK 2185/2023 - WK 2185/2023 ADD 1 - WK 2213/2023 - ST 5036/2023 REV 1 Please note that no document WK 1236/2023 INIT has ever been issued. The competent service had reserved this number for a document they had planned to issue but finally never drafted. This is how the number was mentioned on the list we have sent you; please accept our apologies for the inconvenience. Please note that the General Secretariat is still conducting consultations necessary to the examination of the remaining documents that you requested. Therefore, we have to extend the deadline for this part of your request by 15 working days, until 27 April 2023. 2 Yours sincerely, Fernando FLORINDO Enclosures: 17 2 Article 7(3) of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). 9663/23 ADB/nb 7 ANNEX 1 COMM.2.C EN  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, 27 April 2023 DELETED Email: DELETED Ref. 23/0736-ws-lk-mj-em-rh-mw-adb/vk Request made on: 13.03.2023 Dear DELETED, Further to our reply of 3 April 2023, please find attached, as requested, the following documents: - WK 843/2023 - WK 843/2023 ADD 1 - WK 843/2023 ADD 2 - WK 1629/2023 - WK 1629/2023 ADD1 - WK 1814/2023 - WK 1814/2023 ADD1 - WK 1899/2023 - WK 1141/23 - WK 1141/23 ADD 1 - WK 4366/2023 Please note that document WK 1505/23 was requested by your request 23/0669 and that we replied to it. 9663/23 ADB/nb 8 ANNEX 1 COMM.2.C EN No documents WK 1629/2023 COR1, WK 1706/2023 and WK 1877/2023 have ever been issued. The competent services had reserved these numbers for documents they had planned to issue but finally never drafted. This is how the numbers was mentioned on the list we have sent you; please accept our apologies for the inconvenience. Please find attached a partially accessible version of document WK 1912/23.3 However, I regret to inform you that full access cannot be given for the reasons set out below. Document WK 1912/23 of 9 February 2023 is a working document from the General Secretariat of the Council to delegations containing presentations made at the Working Party on JHA Information Exchange (IXIM) of 8 February 2023 by the European Commission and the Finnish Border Guard and the Finnish Police. Whereas the presentation made by DG MOVE of the European Commission can be released in its entirety, the presentation made by Finnish law enforcement authorities contains operational security information on the practical implementation of protection measures at the external borders of the European Union. Knowledge of such internal working methods of EU security authorities is in no case suitable for a release into the public domain as it would aid criminal organisations to disrupt the ongoing EU actions. Therefore, having consulted with the originating sources of the documents, the General Secretariat of the Council is of the opinion that full disclosure would undermine the protection of the public interest as regards public security. As a consequence, the General Secretariat has to refuse full access to this document.4 You may, however, have a large partial access to it. Please find also attached a partially accessible version of document WK 1899 2023 ADD15. I regret to inform you that full access to this document cannot be given for the reasons set out below. 3 Article 4(6) of Regulation (EC) No 1049/2001. 4 Article 4(1)(a), first indent, of Regulation (EC) No 1049/2001. 5 Article 4(6) of Regulation (EC) No 1049/2001. 9663/23 ADB/nb 9 ANNEX 1 COMM.2.C EN Document WK 1899 2023 ADD1 contains contributions received from several delegations, with a view to the meeting of 13th February of the Social Questions Working Party, regarding the proposal for a Directive of the European Parliament and of the Council on improving working conditions in platform work. A paragraph contained therein includes legal advice which concerns an issue that is part of a core political discussion in the file in question. The legal issue referred to in this passage is of a sensitive nature in the context of the examination of this proposal, in particular in relation to the necessity for delegations to find a compromise on this text. Consequently, this passage falls within the scope of Article 4(2), second indent, of Regulation 1049/2001 (protection of legal advice). 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: 13 9663/23 ADB/nb 10 ANNEX 1 COMM.2.C EN  ANNEX 3 [E-mail message sent to [email protected] on Monday, 22 May 2023, 11:38] From: DELETED Sent: 22 May 2023 11:38 To: TRANSPARENCY Access to documents (COMM) <[email protected]> Subject: Internal review of access to documents request - Access to WK documents linked to EU legislative procedures from February 1st to February 15th,2023 Dear Council of the European Union, (to the attention of Dr Fernando FLORINDO - DG COMM) First of all, I thank you for your message and for the texts of the WK documents you sent me on April 27th and in previous messages. I took note also of the security reasons preventing the Council from giving full access to document WK 1912/23 (presentations made at the Working Party on JHA Information Exchange -IXIM- of 8 February 2023) However, I hereby submit a CONFIRMATORY APPLICATION for having full access to Document WK 1899 2023 ADD1 which contains the contributions received from several delegations, with a view to the meeting of 13th February of the Social Questions Working Party, regarding the proposal for a Directive of the European Parliament and of the Council on improving working conditions in platform work. According to your letter the exception dealing with the protection of Legal advice (art 4(2) second indent of Regulation 1049/2001 is applicable because "a paragraph contained therein includes legal advice which concerns an issue that is part of a core political discussion in the file in question. The legal issue referred to in this passage is of a sensitive nature in the context of the examination of this proposal, in particular in relation to the necessity for delegations to find a compromise on this text. " On this point, may I recall that according to the CJEU Jurisprudence there is no general need for confidentiality as regards the opinions of the Council Legal Service relating to a legislative process because Regulation No 1049/2001 imposes, in principle, an obligation to disclose them (see, to that effect, judgment of 1 July 2008, Sweden and Turco v Council, C 39/05 P and C 52/05 P, paragraphs 67 and 68. 9663/23 ADB/nb 11 ANNEX 3 COMM.2.C EN Such a general rule, in my opinion, is even more binding after the entry into force of the Lisbon Treaty which define at primary law level the notion of legislative procedure and impose to the co- legislator an higher standard of legislative transparency (art 16.8 TEU and 15.2 TFUE). Therefore, exceptions to transparency of legislative debates should be interpreted more strictly than it was the case in the pre-Lisbon phase when "legislation" had a substantial different scope. In your statement you make reference to the "SENSITIVE" nature of the legal service opinion because it may be necessary in view of finding a compromise on the legislative text. However even before the entry into force of the Lisbon Treaty the Court considered that it was incumbent on the institution concerned to give a DETAILED STATEMENT OF REASONS for refusing the access to a specific legal opinion when it was of a PARTICULARLY SENSITIVE NATURE (judgment of 1 July 2008, Sweden and Turco v Council, C 39/05 P and C 52/05 P, EU:C:2008:374, paragraph 69). Even If i am not convinced that this exception could still be raised (bearing in mind the post Lisbon Constitutional dimension of legislative transparency), I am not convinced that this exception may be raised also according to the pre-Lisbon standards as still described in art 4(2) second indent of Regulation 1049/01. In my opinion a legal opinion whose aim is to help the legislator in finding a compromise is not of PARTICULARLY SENSITIVE nature or more sensitive, to make an exemple, than the legal opinion which was dealt with by the CJEU on 16 February 2022 in Cases C 156/21, and C 157/21, (paragraphs 55-58). I hereby ask you to give public access to a full version of the document WK 1899 2023 ADD 1. Thanks in advance for your understanding Yours faithfully, DELETED __________________________ 9663/23 ADB/nb 12 ANNEX 3 COMM.2.C EN Council of the European Union Brussels, 9 June 2023 (OR. en) 9664/23 LIMITE INF 126 API 95 NOTE From: General Secretariat of the Council To: Delegations No. prev. doc.: 9663/23 Subject: Public access to documents - Confirmatory application No 18/c/02/23 Delegations will find attached a draft reply to confirmatory application No 18/c/02/23 (see 9663/23). 9664/23 ADB/nb 1 COMM.2.C LIMITE EN  ANNEX REPLY TO CONFIRMATORY APPLICATION 18/c/02/23, made by email on 22 May 2023 and registered on the same day The Council has considered the confirmatory application under 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 (OJ L 145, 31.5.2001, p. 43) (hereafter referred to as "Regulation (EC) No 1049/2001") and Annex II to the Council's Rules of Procedure (Council Decision 2009/937/EU, OJ L 325, 11.12.2009, p. 35) and has come to the following conclusion: 1. Following an initial application made on the 13 March 2023, the applicant requested access to 37 WK documents distributed between 1 and 15 February 2023. In its replies dated 3rd and 27th April 2023 the General Secretariat of the Council (“GSC”): a. provided full access to the following documents: WK 847/2023, WK 1190/2023, WK 1227/2023, WK 1227/2023 REV 1, WK 1232/2023, WK 1591/2023, WK 1630/2023, WK 1760/2023, WK 1825/2023, WK 1825/2023 REV 1, WK 1935/2023, WK 2057/2023, WK 2057/2023 REV 1, WK 2185/2023, WK 2185/2023 ADD 1, WK 2213/2023, ST 5036/2023 REV 1, WK 843/2023, WK 843/2023 ADD 1, WK 843/2023 ADD 2, WK 1629/2023, WK 1629/2023 ADD1, WK 1814/2023, WK 1814/2023 ADD1, WK 1899/2023, WK 1141/23, WK 1141/23 ADD 1 and WK 4366/2023. b. granted partial access to the following documents: WK 1912/23 for which full disclosure was refused on the basis of Article 4(1)(a) first indent of Regulation (EC) No 1049/2001 as it would undermine the protection of the public interest as regards public security and WK 1899 2023 ADD1 in which a paragraph relating to an intervention of the Council Legal Service (CLS) was redacted on the basis of Article 4(2) second indent of Regulation (EC) No 1049/2001 (protection of legal advice). c. informed the applicant that documents WK 1236/2023 INIT, WK 1629/2023 COR1, WK 1706/2023 and WK 1877/2023, had never been issued as the competent services had reserved these numbers for documents which they had planned to issue but finally never drafted. 9664/23 ADB/nb 2 COMM.2.C LIMITE EN  d. informed the applicant that document WK 1505/23 had already been sent to the applicant previously in the context of another request for access to document (reference 23/0669). 2. On 22 May 2023, the applicant submitted a confirmatory application asking the Council to reconsider the GSC's position (hereafter the “confirmatory application”), taking note of the security reasons preventing the Council from giving full access to document WK 1912/23 but requesting full access to document WK 1899 2023 ADD1. 3. Document WK 1899 2023 ADD1 is a working document issued by the GSC to delegations in the Working Party on Social Questions in the context of the examination of the Proposal for a Directive on improving working conditions in platform work. The part of the requested document to which access was initially refused by the GSC contains a direct reference to an intervention of the CLS made in this context. 4. In essence, in the present confirmatory application, the applicant argued that there was no “general need for confidentiality as regards the opinions of the Council Legal Service” and that Regulation (EC) No 1049/2001 imposes “in principle, an obligation to disclose them”. The applicant also considered that the “sensitivity” of the legal advice did not warrant the application of Article 4(2) second indent of Regulation (EC) No 1049/2001, in particular, in the case of a document issued in the context of a legislative procedure. 5. The Council has carefully considered this confirmatory application, re-assessing, in full consideration of the principles underlying Regulation (EC) No 1049/2001 and on account of the Applicant’s arguments, whether full public access can be provided to document WK 1899 2023 ADD1. ASSESSMENT OF THE REQUEST UNDER REGULATION (EC) NO 1049/2001 6. Having thoroughly examined the document concerned in the light of the applicant's arguments, the Council has re-assessed the request for access in full consideration of the principles underlying Regulation (EC) No 1049/2001, including the aim of ensuring the widest possible public access to documents. 7. The Council notes that, since the GSC’s first reply to the applicant’s initial request, the examination of the legislative file in the context of which the requested document was issued has made important progress. In this context, the part of the requested document can no longer be considered as sensitive and no longer falls within the scope of Article 4(2) second indent Regulation (EC) No 1049/2001. Consequently, document WK 1899 2023 ADD1 may now be fully disclosed. 9664/23 ADB/nb 3 COMM.2.C LIMITE EN 8. This decision cannot constitute a precedent for a different approach as regards preparatory documents in the framework of a legislative process and is in line with the standard practice adopted by the Council in examining the content of each and every requested document in its own merit and carefully verifying the state of advancement of the files under scrutiny. CONCLUSION 9. For the reasons set out above, the Council concludes that full access can be granted at this stage to document WK 1899 2023 ADD1, since its content is no longer covered by any of the exceptions to disclosure in Regulation (EC) No 1049/2001. ____________________ 9664/23 ADB/nb 4 COMM.2.C LIMITE EN OUTCOME OF WRITTEN CONSULTATION Confirmatory application No 1 8 /c/0 2 /2 3 (draft reply: see doc. 9664 /2 3 Document / Subject Proposal of the General Secretariat WK 1899 2023 ADD1 FULL RELEASE BE BG CZ DK DE EE IE EL ES FR HR IT CY LV LT LU HU MT NL AT PL PT RO SI SK FI SE Statements :