From a confirmatory application we learn about dissent from Finland and Sweden:
FI: “Even if FI is of the view that Article 4(1)(a) of the Regulation 1049/2001 concerning the protection of international relations is applicable, it appears that the possibility of extended partial access in accordance with Article 4(6) of the Regulation has not been thoroughly considered.”
SE: “Further partial access should be granted to documents 13382/08, 15588/08, 17249/08, 12076/09 and 5363/10, since there are additional parts that are not covered by the secrecy exception in article 4(1)(a) third indent.”
The Permanent Representatives Committee is accordingly asked to suggest that the Council, at its next meeting:
– record its agreement to the draft reply annexed to this document, as an “A” item, with the Finnish and Swedish delegations voting against,
– decide to publish the result of the vote
I believe a general misconception on behalf of the Council is that EC/1049/2001 puts any constraints on the member states to grant access to Council documents. That may apply to the Council secretariat in its primary application but it does not apply to the Council when answering confirmatory applications. EC/1049/2001 defines the principles and limitations underlying the Citizen’s legal right to public documents. It does not put constraints on the Council to go beyond that. To overcome this confusion wording like “shall” in the context of constraints has to be eliminated from 1049.