93Concerning, next, the note from DG Competition to the Advisory Committee, it is obvious that, contrary to what the Kingdom of Sweden argues, the fact that a document is likely to be published does not in itself exclude the possibility that that same document might fall within the exception in question. It is apparent from the wording of the second subparagraph of Article 4(3) of Regulation No 1049/2001 that the latter applies to any document containing opinions for internal use as part of deliberations and preliminary consultations within the institution. As the General Court stated in paragraph 111 of the judgment under appeal, without being contradicted on that point by the Kingdom of Sweden or the Member States intervening in its support, what allows the document in question to be regarded as an internal Commission document for the purposes of applying that provision is precisely the fact that the Commission was obliged to send that Advisory Committee internal documents pursuant to Article 19 of Regulation No 4064/89 in order for it to be able to give its opinion in accordance with the procedure requiring its involvement.
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