Council document

11956/26: “State of play and way forward”

The presidency’s account, in September, of where the governments stand on targeting detection, and of the road to the trilogue of 29 September.

Number: 11956/26
Date: 10 September 2026
From: The Council presidency (Ireland)
For: The Justice and Home Affairs counsellors’ meeting of 14 September 2026, convened by CM 3839/26 of 4 September
Classification: LIMITE; not in the Council’s public register
Full text: Obtained and published by Agence Europe

What it says

On the presidency’s reflection paper of July (WK 10939/2026), “14 Member States replied”, and “most Member States responding are in principle opposed to the concept of targeting detection to specific users”.
It states the Council’s bottom line: “the Council does not want a permanent framework that achieves less than the voluntary regime.”
The presidency plans to consult the ambassadors (Coreper) on 23 September and seeks “general political agreement on detection obligations” at the trilogue on 29 September.
It does not name the governments that replied.
According to Patrick Breyer (28 September 2026), it also describes how police work in two countries: Spain uses court orders against specific users where there are objective signs of crime, and Portugal targets people with relevant prior convictions. That is national practice, not a negotiating position.

Added to the tracker on 24 September 2026, in the timeline entry for 10 September.
No government’s position changed.
Quoted in the record note The presidency’s question: leave private messages out of the regulation? (25 September 2026).
Used on 3 October 2026 in the count Suspects only, or everyone? on the governments page.

Brussels Record, “11956/26: State of play and way forward”, brusselsrecord.com/documents/11956-26/, added 27 September 2026.

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