Head of Division
EEAS SG.2 Parliamentary Affairs

 

Dear Mr X,

The Ombudsman has received a complaint against the European External Action Service (EEAS). The complaint concerns the EEAS’s reply to a request for public access[1] to diplomatic communication related to the provisional application of the EU-Mercosur interim Trade Agreement (iTA).

In May 2026, the EEAS extended the time limit to reply to the complainant’s request. Not having received a reply within this extended time limit, the complainant asked the EEAS to review its implicit refusal to grant access (by making a ‘confirmatory application’).

In its confirmatory reply of June 2026, the EEAS identified four documents falling within the scope of the complainant’s request. It explained that all four documents are so-called ‘Notes Verbales’ informing the respective Mercosur countries that the EU completed its internal procedures for provisional application of the iTA. As the Council of the EU’s Secretary-General acts as the depositary of the agreement, the requested documents originate from the Council.

Following its consultation of the Council, the EEAS refused access to all documents in their entirety. In doing so, it argued that disclosing these ‘Notes Verbales’ would undermine the public interest as regards international relations^[2] and the protection of court proceedings^[3]. More specifically, disclosure of the ‘Notes Verbales’ would undermine the relationship of trust with the EU as a negotiator in relation to this specific agreement and with international partners more generally as they rely on the confidentiality of diplomatic exchange with the EU. In addition, the EEAS considered that disclosure would undermine the Court of Justice of the EU’s ongoing review of the EU-Mercosur Partnership Agreement and iTA.

The complainant is dissatisfied with this outcome. They consider that the requested documents are of public importance and would like to be given access to factual information such as “procedural notifications, implementation dates and other non-sensitive elements capable of being disclosed without undermining legitimately protected interests”.

The Ombudsman has decided to open an inquiry into the EEAS’s decision to refuse public access under Regulation 1049/2001.

Regulation 1049/2001 states that applications for access should be handled promptly. It is in line with this principle that the Ombudsman also seeks to deal with cases such as this as quickly as possible.

As a first step, the Ombudsman considers it necessary to review the requested documents at issue as well as the documentation on the consultation of the Council. The Ombudsman would be grateful if the EEAS could provide a copy of these documents, preferably in electronic format through encrypted e-mail,[4] by 11 September. If the documents contain EU Classified Information or if the EEAS prefers an inspection on site, the Ombudsman would ask the EEAS to contact the inquiries officer responsible for the case, Ms Paulien Van de Velde-Van Rumst.

The documents subject to the public access request will be treated confidentially, along with any other material the EEAS chooses to share with the Ombudsman’s Office that it marks confidential. Documents of this kind will be handled and stored in line with this confidential status and will be deleted from the Ombudsman’s files shortly after the inquiry has ended.

The EEAS’s position has been set out in its confirmatory reply of 30 June 2026. However, should the EEAS wish to provide additional views, to be taken into account by the European Ombudsman during this inquiry, she would be grateful if they could be provided to her Office by 11 September as well.

Yours sincerely,

Jennifer King
Head of Inquiries Unit II (ad interim)

Strasbourg, 31/07/2026

 

[1] Under Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32001R1049.

[2] Article 4(1)(a), third indent of Regulation 1049/2001.

[3] Article 4(2), second indent of Regulation 1049/2001.

[4] Encrypted emails can be sent to our dedicated mailbox.