Mr Yapha made a request to have access to the ‘Good Practice’ document about two months ago, on the 24th of July 2023.
In a letter of response to Mr Yapha, dated 6th of September, the Council thanked Mr Yapha for his request to access the documents of the Council of the Union but expressed regret that “access to document ST 8570/18 cannot be given” for certain reasons, which it outlined.
It states: “The requested document, dated 4 May 2018, is an ‘I/R Item Note to the Permanent Representatives Committee and to the Council focusing on "Good practices between The Government of The Gambia and the European Union for the efficient operation of the identification and return procedures of persons without authorisation to stay’.
“This document contributes to the definition of practical arrangements with regard to return and readmission between the EU and third countries. The positions contained in the document aim to facilitate the implementation of the commitments from the EU and Gambia to develop in this field by jointly defining the procedural framework, best practices and detailed provisions for the efficient operation of the readmission process.
The Council further argues that with regard to the abovementioned sensitive issues, and in the light of its internal consultations, its General Secretariat is of the opinion that the disclosure of this document “would weaken the EU's negotiation position as it would reveal to other negotiating partners the strategic approach in the implementation of the EU's mandate, thus complicating further developments of the ongoing readmission mechanisms and even compromising similar further agreements”.
It also noted that other partners could use the reached agreements as leverage if they had access to such documents.
“The guarantee of confidentiality is key for the success of this complex exercise, which aims to secure the interests and values of the EU and to achieve tangible results from its cooperation with third countries in sensitive field,” it admits.
Furthermore, the Council states that the disclosure of document ST 8570/18 would therefore undermine the protection of the EU’s public interest as regards international relations. “As a consequence, the General Secretariat has to refuse access,” it states.
Moreover, it also states that it considered the possibility of releasing parts of this document but that would not be possible because “the information contained therein forms an inseparable whole, the General Secretariat is unable to give partial access”.
