The case concerns the Council of the EU’s refusal to grant full public access to documents concerning trilogue negotiations between the European Parliament, the Council of the EU and the European Commission on draft legislation for vehicle emissions. The Council granted access to only parts of the documents identified, arguing that disclosing the remaining parts could undermine the ongoing decision-making process.
The Ombudsman’s inquiry team examined unredacted copies of the documents in question and found that the redacted parts contain the Council’s negotiating strategy - its ’red lines’, points where it could be flexible and the Council’s fall-back options - in ongoing negotiations with Parliament. The inquiry team confirmed that these redacted parts have not been shared with Parliament.
The Ombudsman acknowledges that releasing details on the Council’s negotiating strategy, when no provisional agreement on the relevant parts of the draft legislative text has been