ANNEX 2
Request for access to documents GESTDEM 2013/2132 2nd batch of documents
Details of exceptions applying to the documents identified1
Document 3
The 2nd and 3rd bullet points from the report on the discussion with ESF on 31 May 2012 cannot
be released as they concern the view of ESF on a particular aspect of the EU/US trade
negotiations. Release of that information could have a negative impact on their member’s
position on the US and other markets. It would therefore undermine the protection of commercial
interests of a natural or legal person (Article 4 paragraph 2 first indent of the Regulation).
Document 6
We cannot release parts of the report on the joint meeting DG TRADE and DG MOVE with the
EU Air Services Industry on EU-US air transport issues
Two sentences in the second paragraph of the executive summary, l sentence of the third
paragraph, three sentences in paragraph 5, and paragraphs 6 and 7 have been withheld as they
concern the view of a given European industry on a particular aspect of the EU/US trade
negotiations. Release of that information could have a negative impact on the position of the
industry on the US and other markets. It would therefore undermine the protection of
commercial interests of a natural or legal person (Article 4 paragraph 2 first indent of the
Regulation).
Twenty four words and three sentences of the third paragraph, four sentences in paragraph 4, one
sentence in paragraph 8, one sentence and nineteen words in paragraph 9 have been withheld
from the report as they contain the information related to the EU's negotiating position in the
EU/US trade negotiations. Release of that information would have a negative impact on the EU's
ability to conduct the negotiations and therefore undermine the protection of the EU's
international relations (Article 4 paragraph 1 (a) third indent of the Regulation).
Document 8
One sentence and 4 words in the part 'With regard to the FTA' of the report of the meeting
between DG TRADE and British Telecom on 11th January 2013 have been withheld. They
contain information related to the EU's negotiating position in the EU/US trade negotiations.
Release of that information would have a negative impact on the EU's ability to conduct the
negotiations and therefore undermine the protection of the EU's international relations (Article 4
paragraph 1 (a) third indent of the Regulation).
1 Details of exceptions according to Art 4 paragraph 1 (b) are not covered by this annex.
1
Document 11
The last two sentences from the section “AEA on EU-US negotiations” in the report of the
meeting between DG TRADE, AEA and Brussels Airlines on Passenger Rights on 22nd February
2013 have been withheld. These two sentences contain the view of European Air industry on a
particular aspect of the EU/US trade negotiations. Release of that information could have a
negative impact on the position of the industry on the US and other markets. It would therefore
undermine the protection of commercial interests of a natural or legal person (Article 4
paragraph 2 first indent of the Regulation).
Document 12
One sentence of the report of the meeting with the ESF Policy Committee on 25th February 2013
has been withheld. This sentence contains elements relating to the EU's negotiating position in
the EU/US trade negotiations. Release of that information would have a negative impact on the
EU's ability to conduct the negotiations and therefore undermine the protection of the EU's
international relations (Article 4 paragraph 1 (a) third indent of the Regulation).
Document 13
Three sentences in the report of the meeting between Rupert Schlegelmilch and BCTT on
Financial Services Regulation held in April 2013 have been withheld. These three sentences
set out the view of a given European industry on a particular aspect of the EU/US trade
negotiations. Release of that information could have a negative impact on the position of the
industry on the US and other markets. It would therefore undermine the protection of
commercial interests of a natural or legal person (Article 4 paragraph 2 first indent of the
Regulation).
Document 14
We cannot release parts of the meeting notes from the visit of Ruper Schlegelmilch to
Washington DC in April 2013.
Seventeen words in paragraph 2, four sentences in paragraph 3, two sentences in paragraph 4,
four sentences in paragraph 7 and two sentences in paragraph 9 have been withheld. These parts
contain elements revealing the EU's negotiating position and strategy in the EU/US trade
negotiations. Release of that information would have a negative impact on the EU's ability to
conduct the negotiations and therefore undermine the protection of the EU's international
relations (Article 4 paragraph 1 (a) third indent of the Regulation).
Two sentences in paragraph 6 have been withheld. These sentences contain EU's comment
regarding political strategy in the US. Disclosure of this information could harm EUs
international relations, since it could lead to misleading interpretation of EU's bilateral
relations (Article 4 paragraph 1 (a) third indent of the Regulation).
2
Document 15
We cannot release parts of the report of the meeting between Rupert Schlegelmilch and the
EU Services Industry (DHL, Ericsson, BT, Nokia, Maersk and Allianz) held in April 2013.
One sentence in paragraph 1, four sentences in a paragraph 2 and three sentences in paragraph 4
have been withheld as these parts concern the view of a given European industry on particular
aspects of the EU/US trade negotiations. Release of that information could have a negative
impact on the position of the industry on the US and other markets. It would therefore undermine
the protection of commercial interests of a natural or legal person (Article 4 paragraph 2 first
indent of the Regulation).
Two sentences in paragraph 2 have been withheld. These sentences contain information related
to the EU's strategy in the EU/US trade negotiations. Release of that information would have a
negative impact on the EU's ability to conduct the negotiations and therefore undermine the
protection of the EU's international relations (Article 4 paragraph 1 (a) third indent of the
Regulation).
Document 16
We have withheld two sentences in the 1st paragraph, four sentences in the 2nd paragraph and
the three last paragraphs from the report of the meeting between Rupert Schlegelmilch and
Lufthansa, Jet Blue and a small group of aviation experts held in April 2013. These parts
contain the view of Air transport industry on a particular aspect of the EU/US trade negotiations.
Release of that information could have a negative impact on the position of the industry on the
US and other markets. It would therefore undermine the protection of commercial interests of a
natural or legal person (Article 4 paragraph 2 first indent of the Regulation).
Document 17
One sentence in the second bullet point and the fourth bullet point have been withheld. These
parts contain the view of the US Chamber of Commerce on particular aspects of the EU/US trade
negotiations. Release of that information could have a negative impact on the position of the
industry (Article 4 paragraph 2 first indent of the Regulation). In addition, disclosure of this
information could also harm EU's international relations with third country mentioned since it
could lead to misleading interpretation of EU's bilateral relations (Article 4 paragraph 1 (a) third
indent of the Regulation).
Document 18
We have withheld one sentence from the report of the meeting with Nokia on 7 March 2013.
This sentence contains information related to the EU's negotiating position in the EU/US trade
negotiations. Release of that information would have a negative impact on the EU's ability to
conduct the negotiations and therefore undermine the protection of the EU's international
relations (Article 4 paragraph 1 (a) third indent of the Regulation).
3
Document 20
The last paragraph in the report of the meeting with representatives of the EU Defence industry
on 12th of April 2013 has been withheld. This paragraph of this report contains information
related to defence and military matters covered by the exceptions of the Regulation (Article 4
paragraph 1 (a) second indent of the Regulation). In addition, the release of this information
could have a negative impact on the position of the EU's defence industry on the US and other
markets. It would therefore undermine the protection of commercial interests of a natural or legal
person (Article 4 paragraph 2 first indent of the Regulation).
Document 21
Thirteen words under the section “Copyright and related rights”, section 4, one sentence under
the section “Enforcement” and section 7 have been withheld from the report of the meeting with
industry representatives, DG MARKT, DG TAXUD and DG AGRI on 17th of April 2013. These
parts of the report set out the view of the European industry on particular aspects of the EU/US
trade negotiations. Release of that information could have a negative impact on their position on
the US and other markets. It would therefore undermine the protection of commercial interests of
a natural or legal person (Article 4 paragraph 2 first indent of the Regulation). In addition,
disclosure of this information could also harm EU's international relations with US since it could
lead to misleading interpretation of EU's bilateral relations (Article 4 paragraph 1 (a) third
indent of the Regulation).
Document 22
We cannot release parts of the mission report of Rupert Schlegelmilch and Anders C. Jessen.
These meetings took place during mission to US held between 24-25 May 2012.
One sentence in paragraph 2, and the 5th, 7th and 9th paragraphs have been withheld as they sets
out the view of a given American industry on a particular issue of the EU/US negotiations.
Release of that information could have a negative impact on their position on the US and other
markets. It would therefore undermine the protection of commercial interests of a natural or legal
person (Article 4 paragraph 2 first indent of the Regulation).
One sentence in paragraph 4, paragraph 8 and paragraph 10 cannot be released as they contain
information related to the EU's negotiating position in the EU/US trade negotiations. Release of
that information would have a negative impact on the EU's ability to conduct the negotiations
and therefore undermine the protection of the EU's international relations (Article 4 paragraph 1
(a) third indent of the Regulation).
Paragraph 6 cannot be released as it contains information related to the EU's GI's policy in the
EU trade negotiations. Release of that information would have a negative impact on the EU's
ability to conduct these and any future negotiations and therefore undermine the protection of the
EU's international relations (Article 4 paragraph 1 (a) third indent of the Regulation).
4
Document 23
We cannot release parts of the mission report of Anders C. Jessen. These meetings took place
during mission to US held between 15th and 18th of April 2013.
Report a) Flash Report on meeting on IP and Procurement in Washington:
Only four sentences of the 2nd paragraph contain information relevant to the request. The last
two sentences of the relevant part have been withheld as they contain an opinion for internal use
as part of preliminary consultations within the institution. Disclosure would seriously undermine
the institution's decision-making process (Article 4 paragraph 3 second indent of the Regulation).
Report b) Intellectual Property – Meetings of Anders Jessen in Washington:
The last sentence under “Point 4” has been withheld. This sentence contains an opinion for
internal use. Disclosure of this strategic approach would have a negative impact on the EU’s
ability to conduct negotiations and therefore undermine the protection of the EU's international
relations (Article 4 paragraph 1 (a) third indent of the Regulation).
In the “Annex: Intellectual Property – Meetings of Anders Jessen”
Twenty-eight words and the remaining paragraphs of the summary of the meeting with the US
Chamber of Commerce have been withheld. These parts contain the view of the US Chamber of
Commerce on particular aspects of the EU/US trade negotiations. Disclosure of this information
would undermine the protection of commercial interests of a natural or legal person (Article 4
paragraph 2 first indent of the Regulation).
Only paragraphs 1, 2 and 9-11 on the meeting with RIAA are relevant to the requests. Paragraph
10 has been withheld. It contains the information on the business strategy of RIAA and its
members. Disclosure of this information would undermine the protection of commercial interests
of a natural or legal person (Article 4 paragraph 2 first indent of the Regulation).
Document 25
The last two sentences of the report of the meeting with Freshfel representatives, on 30 of
January 2012, have been withheld. They contain EU's comment on particular issue in the EU
/US negotiations. Disclosure of these two sentences could harm EU's international relations with
US since it could lead to misleading interpretation of EU's bilateral relations (Article 4
paragraph 1 (a) third indent of the Regulation).
Document 26
We cannot release parts of the report of the meeting with Freshfel representatives, on 30th
January 2012.
Three sentences in Part 1 have been withheld from the report. These sentences contain Freshfel’s
views regarding market access issues in the US. Release of that information could have a
negative impact on EU exporters and Freshfel member's position on the US and other markets. It
5
would therefore undermine the protection of commercial interests of a natural or legal person
(Article 4 paragraph 2 first indent of the Regulation).
Eleven words in Part 2 have been withheld from the report. This part of the sentence is revealing
information regarding the tactical approach towards the ongoing EU/US trade negotiations which
could have an impact on EU's relations with the country and undermine its position when
tackling the issue. Release of that information would have a negative impact on the EU's ability
to conduct the negotiations and therefore undermine the protection of the EU's international
relations (Article 4 paragraph 1 (a) third indent of the Regulation).
Document 29
We cannot release parts of the report of SPS Market Access Working Group on 7th of November
2012.
Fifteen words and four sentences have been withheld in Part 1, as they relate to EU Member
States expressing concerns and the substance of the concerns with regard to a market access
problem in the US market. Release of that information would undermine a protection of
international relations with the US (Article 4 paragraph 1 (a) third indent of the Regulation).
The two sentences in Part 2 have been withheld. Disclosure of these 2 sentences would seriously
undermine the Commission's decision-making process, since it would reveal detailed
information about sensitivities and possible market access expectations of a given EU
industry, which are relevant for the Commission in assessing the progress of and final outcome
of the negotiations and any decision it might take at the end of the negotiating process with US,
as well as decisions that might be taken on specific issues or barriers identified in the part in
question (Article 4 paragraph 3 first indent of the Regulation).
Document 32
Three sentences have been withheld from the flash report of the meeting between
Commissioner Karel De Gucht and the Confederation of Swedish enterprises on 7 March
2012. The withheld part provides information regarding the EU’s tactical position and
strategy in relation to the High Level Working Group on Growth and Jobs (HLWG). Its
disclosure could undermine the protection of the EU’s international relations (Article 4
paragraph 1 (a) third indent of the Regulation).
Document 33
Seven sentences have been withheld from the report of the meeting between Jean Luc
Demarty and the European Automobile Manufacturer’s Association (ACEA) on 12 March
2013. The 2nd, 3rd and the last three sentences of the paragraph on “US” contain information
relating to ACEA’s assessment of certain aspects of the discussions on regulatory issues with
the US. The commercial interests of the Association members could be undermined by
disclosure of this information (Article 4 paragraph 2 first indent of the Regulation).
6
Furthermore, the 4th and 5th sentences reveal elements of the EU negotiating position in the
discussion on regulatory issues. Release of that information would undermine a protection of
international relations with the US (Article 4 paragraph 1 (a) third indent of the Regulation).
Document 34
Two sentences in paragraph 2 and the whole paragraph 3 have been withheld from the report
of the meeting with the German Engineering Federation (VDMA) on 2nd of July 2012. These
parts contain concerns and an assessment made by the Federation on various aspects related to
regulatory compatibility. Placing this commercially sensitive information in the public
domain could be damaging to the members of the Federation (Article 4 paragraph 2 first indent
of the Regulation).
Document 36
We cannot release parts of the report of the meeting with Ford on 3rd of July 2012.
Twenty-nine words in the 1st paragraph have been withheld as they contain Ford’s
commercial position related to the EU/US negotiations. Release of this information would
undermine the protection of commercial interests of a natural or legal person (Article 4
paragraph 2 first indent of the Regulation).
Paragraph 2 has been withheld as it contains Ford’s assessment of the regulatory
developments in various economies. Disclosure of this information could have a negative
impact on Ford’s position in those markets (Article 4 paragraph 2 first indent of the Regulation).
In addition, disclosure of this paragraph could also lead to a misleading interpretation of the
EU’s bilateral relation with the third country mention and potentially undermine the
protection of the EU’s international relations (Article 4 paragraph 1 (a) third indent of the
Regulation).
Seven words in the 4th paragraph have been withheld as they contain comment on a situation
in the US market. Disclosure of this comment could lead to a misleading interpretation of the
EU’s bilateral relation with the US and potentially undermine the protection of the EU’s
international relations (Article 4 paragraph 1 (a) third indent of the Regulation).
Last three sentences of the last paragraph have been withheld as they contain Ford’s
assessment of certain aspects of the discussions on regulatory issues between the EU and the
US. Disclosure of this information could have a negative impact on Ford’s position on the US
and other markets. It would therefore undermine the protection of commercial interests of a
natural or legal person (Article 4 paragraph 2 first indent of the Regulation). Disclosure of this
information could also lead to a misleading interpretation of the EU’s bilateral relation with
the US and potentially undermine the protection of the EU’s international relations (Article 4
paragraph 1 (a) third indent of the Regulation).
Document 37
We cannot release parts from the report of the meeting with Euratex on 6th of July 2012
7
The last sentence of the 2nd bullet point, the 3rd bullet point, the 7th bullet point, the 8th bullet
point and the 10th bullet point cannot be released. These parts contain Euratex’s assessment of
the industry situation in the framework of the EU-US HLWG. Disclosure of this information
could have a negative impact on Euratex’s or their member’s position on the US market. It
would therefore undermine the protection of commercial interests of a natural or legal person
(Article 4 paragraph 2 first indent of the Regulation). Disclosure of this information could also
lead to a misleading interpretation of the EU’s bilateral relation with the US and potentially
undermine the protection of the EU’s international relations (Article 4 paragraph 1 (a) third
indent of the Regulation).
The last sentence of the 4th bullet point has been withheld as it contains Euratex’s position in
the framework of the EU/US negotiations. Disclosure of this information could have a
negative impact on Euratex’s or their member’s position on the US market. It would therefore
undermine the protection of commercial interests of a natural or legal person (Article 4
paragraph 2 first indent of the Regulation). Disclosure of this information could also lead to a
misleading interpretation of the EU’s bilateral relation with the US and potentially undermine
the protection of the EU’s international relations (Article 4 paragraph 1 (a) third indent of the
Regulation).
Document 38
Three paragraphs in the report of the meeting with Fertilizers Europe have been withheld as
they contain an assessment of the industry’s situation in the framework of the EU-US HLWG.
Disclosure of this information could have a negative impact on the industry’s position on the
US and other markets. It would therefore undermine the protection of commercial interests of a
natural or legal person (Article 4 paragraph 2 first indent of the Regulation).
Document 41
Two sentences and one word from the 3rd paragraph on the EU-US trade negotiations have
been withheld from the report of the meeting between Jean Luc Demarty at the International
Relations Committee of the Business Europe on 22nd of February 2013. This sentence
contains EU's assessment of internal situation in the US. Its disclosure could lead to a
misleading interpretation of EU’s bilateral relations with the US and consequently undermine
the EU’s international relations (Article 4 paragraph 1 (a) third indent of the Regulation).
Document 42
The 3rd, 4th and 7th bullet points cannot be released from the report from the minutes of the
meeting with Daimler. The withheld parts contain information relating to Daimler’s
assessment and strategy in certain aspects of the discussions on regulatory issues between the
EU and the US. Disclosure of this information could have a negative impact on Daimler’s
position on the US and other markets. It would therefore undermine the protection of
commercial interests of a natural or legal person (Article 4 paragraph 2 first indent of the
Regulation).
8
Document 44
Five words in the 3rd paragraph have been withheld as they contain a position on a particular
aspect concerning the wine industry. Disclosure of this information could have a negative
impact on the industry and would therefore undermine the protection of commercial interests of a
natural or legal person (Article 4 paragraph 2 first indent of the Regulation).
9