Ref. Ares(2020)2101505 - 17/04/2020
AFFGEN.2
Head of Division
Brussels, 17 April 2020
eeas.sg.affgen.2 (2020) 1755665
Mr/Ms Faith Spearing
Subject: Your request for access to documents of 3 February 2020
Our ref: 2020/033
Dear Ms Spearing,
Thank you for your request for access to documents, which the EEAS has examined in the
framework of Regulation (EC) No 1049/20011.
The Graph of EU-China Dialogues Architecture can be consulted on the following link:
https://eeas.europa.eu/sites/eeas/files/2015_november_eu-china_dialogue_architecture.jpg
Among the dialogues you refer to, the ones for which the EEAS is responsible are the
following ones:
- High Level Strategic Dialogue
- Political Directors Dialogue
- EUSR and Special Envoy Meetings
- Political Dialogue on Asia
- Security and Defense Dialogue
- Non-proliferation & Disarmament Dialogue
Different directorates-general of the European Commission are in the lead for the dialogues
of the 3rd pillar you mention. They will respond to you separately.
We have considered whether the ‘meeting agendas, minutes or other relevant documents
concerning the various EU-China Dialogues,’ which you enlist in your request and for which
EEAS is in the lead could be released to the public. These dialogues are held in the spirit of
openness between the diplomatic actors but under the umbrella of confidentiality, which
means that the diplomatic interlocutors can discuss topics – often sensitive ones – in an open
manner but with the understanding that such discussions will remain within the diplomatic
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to
European Parliament, Council and Commission documents (hereafter the "Regulation").
European External Action Service – B-1046 Brussels – Belgium – Tel.: (32-2) 584 11 11
Office: EEAS PARC 06/560 – e-
mail: xxxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx
circles and will not be released to other international actors or the public. The public release
of the meetings` agendas and minutes would reveal the concrete issues discussed from which
sensitive information could be deducted and revealed. Such a release would put our
international counterparts into an uncomfortable position since they did not intend to reveal
this information, in order to avoid the interference of internal or international actors into these
topics.
Therefore, our examination concluded that their disclosure would be detrimental to the
Union’s relations with China and harm the possibility to maintain the environment of mutual
trust, thus negatively affecting the possibility of holding such dialogues in the future or their
substance. A public release of such information would jeopardize both the EU's relations with
China and the aims of the bilateral dialogue.
We have also examined the possibility of granting partial access to the reports of the dialogue
concerned [Article 4(6) of the Regulation]. However, for the reasons we have explained
above, we believe that all parts of the documents are covered by the above mentioned
exception, and therefore no such access can be granted at this time.
Therefore, I regret to inform you that we are not in a position to disclose the requested
documents, neither as a whole or partially, since it could seriously undermine the EU's
international relations [as per Article 4(3), first subparagraph, of Regulation 1049/2001].
Should you wish this position to be reviewed, you may confirm your initial request within
15 working days.
Yours sincerely,
[signed]
Gabriele Visentin
Electronically signed on 17/04/2020 12:53 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
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