The Council of the European Union has initiated a written procedure to adopt its reply to confirmatory application No 37/c/01/26 on public access to documents, asking Member States to vote by noon on Friday 7 August 2026. The procedure, launched on 3 August 2026, is based on Article 12 of the Council's Rules of Procedure and involves three questions: whether to use the written procedure, whether to adopt the reply as set out in document 11092/26, and whether to publish the outcome, including the names of Member States voting NO or abstaining, plus any unilateral statements. Member States may vote YES or NO on all questions, with abstention allowed only on the adoption and publication questions. Unilateral statements must be submitted separately. Replies are to be sent by e-mail to council.transparency@consilium.europa.eu, for the attention of Mr Fernando Florindo, COMM.2.C, Information Services / Transparency, by the deadline.
The confirmatory application is part of the Council's ongoing handling of requests for public access to documents under Regulation (EC) No 1049/2001. The written procedure is a standard mechanism used by the Council to adopt decisions without convening a formal meeting, allowing Member States to vote remotely within a set timeframe. The outcome of the vote will determine whether the reply is adopted and whether the results, including dissenting votes and abstentions, are made public. The publication of voting details is a notable transparency measure, as it reveals which Member States oppose or abstain on the Council's response to access requests. This procedure follows the Council's established practice of using written procedures for administrative decisions, particularly when a quick decision is needed or when the matter is not contentious enough to require a formal session.
The decision to publish the names of Member States voting NO or abstaining could have implications for transparency and accountability, as it allows public scrutiny of national positions on access-to-documents matters. For stakeholders such as civil society organisations and journalists who rely on access to Council documents, the outcome of this procedure may affect the availability of information. The Council's approach balances the need for efficient decision-making with the public's right to know how Member States vote on transparency issues. The vote on 7 August 2026 will be closely watched by transparency advocates, as it may set a precedent for future confirmatory applications. The Council's reply, if adopted, will be communicated to the applicant, and the publication of the outcome will provide insight into the level of support among Member States for the Council's position on public access to documents.