ANNEX 2
Request for access to documents GESTDEM 2013/2132 3rd batch of documents
Details of exceptions applying to the documents identified1
Document 46 We cannot release parts of the report of the meeting with the European Association of
Automotive Suppliers (CLEPA) on 5th of March 2013.
Under “Main points of discussion”, 26 words from the 2nd sentence of the 1st paragraph, the
2nd sentence of the 4th paragraph, and the 8th paragraph have been withheld as they contain the
EU's assessment of the internal situation of the US market as well as the EU positions and
tactical approaches on certain aspects of the regulatory negotiations in various areas.
Disclosure of these parts would risk putting the EU at disadvantage when negotiating with the
US (Article 4 paragraph 1 (a) third indent of the Regulation 1049/2001).
Fourteen words in the 1st sentence of the paragraph 6 have been withheld as this part contains
an assessment of problems encountered by CLEPA. Placing this information in the public
domain could have a negative impact on CLEPA'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 Regulation 1049/2001).
Paragraph 10 has been withheld as it contains sensitive information relating to the EU’s
internal decision-making process regarding regulatory issues. Disclosure of this information
would reveal the EU’s approach and would seriously undermine the Commission’s decision-
making process (Article 4 paragraph 3 of the 1049/2001).
Document 47 We cannot release a paragraph of the report of the visit of Ditte Juuul-Joergensen to Washington
on 16-18th January 2013.
The last paragraph of the report has been withheld as it contains information related to the US
strategic position in the framework of the EU-US relations. Furthermore, it contains an EU’s
assessment on the work done at EU level on a particular area relevant to the bilateral relations
with the US. Release of both pieces of 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 1049/2001).
Document 49
We cannot release parts of the report of the meeting with UPS on 26th September 2012.
Seventeen words from the 1st paragraph, the 2nd paragraph, twelve words in the 3rd paragraph and
the last sentence of the 4th paragraph have been withheld as these contain comments made by
UPS on a particular competition policy case in relation to the future of transatlantic trade, and
1 Exceptions according to Art 4 paragraph 1 (b) are not included in this annex
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on the possible outcome and consequences of the US elections. Placing this information in the
public domain could impact negatively on the stance of UPS’s position in 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 Regulation 1049/2001).
Document 50 We cannot release parts of the report of the meeting with ORGALIME on 13th of July 2012.
One word in the 4th bullet point and the whole 7th bullet point under “Points raised by
ORGALIME” have been withheld as these parts contains comments made by ORGALIME.
Placing this information in the public domain could impact negatively on the stance of
ORGALIME'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 Regulation
1049/2001).
The 8th bullet point under “Points raised by ORGALIME” has been withheld as it contains
information of tactical relevance in international negotiations. Disclosure of these parts would
risk putting the EU at disadvantage when negotiating with the US (Article 4 paragraph 1 (a)
third indent of the Regulation 1049/2001).
Document 55
We cannot release parts of the report of the meeting with Cosmetics Europe and EFCI on 11th
of September 2012.
Nine words in the 2nd bullet point have been withheld from the report as disclosing comments in
the regulatory system of the US could affect negatively our relations with the US. 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 1049/2001).
The 7th bullet point has been withheld from the report as it contains information on the tactical
approach towards the ongoing EU/US trade negotiations which could have an impact on the 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 1049/2001).
Document 56 Five words and two sentences in 1st bullet point, seven words in the 2nd bullet point, one
sentence in the 4th bullet point and 3 words in the 6th bullet point have been withheld from the
report of meeting with GM on 12th September 2012. Withheld parts contain GM's assessment
of relations and other information concerning the local industry and their dealings with
government representatives. Placing this information in the public domain could have a
negative impact on GM'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
Regulation 1049/2001).
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Document 57
We cannot release parts of the report of the meeting with TABD on 14th of September 2012.
27 words in the 4th bullet point, and two sentences and 14 words of last sentence in the 5th
bullet point have been withheld. Disclosing comments concerning other countries’ authorities
could affect negatively industries commercial interests in the US (Article 4 paragraph 2 first
indent of Regulation 1049/2001).
15 words of last sentence in the 9th bullet point have been withheld. Disclosing comments
concerning the other country's authorities could affect negatively our relations with the US
and therefore undermine the protection of the EU's international relations (Article 4 paragraph 1
(a) third indent of the Regulation 1049/2001).
Document 59
The 1st bullet point and four words in the 2nd bullet point under section “Possible targets to be
part of a unilateral submission by EFPIA” from the report have been withheld as they contains
information on the tactical approach towards the ongoing EU/US negotiations. Release of this
information could have an impact on EU's relations with the US and undermine the EU's
position when tackling the issue (Article 4 paragraph 1 (a) third indent of the Regulation
1049/2001).
Document 62
The last sentence of the 3rd bullet point under “General Points” has been withheld from the
report of the meeting with CEFIC on 27th of November 2012, as it 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 1049/2001).
Document 64
Two sentences of the 1st bullet point under 'Main message from EC' have been withheld from
the report of the meeting with Cosmetics Europe on 14th of January 2013, as it 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 1049/2001).
Document 69
Twenty words have been withheld from the report of the meeting with BusinessEurope on 5th
of October 2012. 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
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therefore undermine the protection of the EU's international relations (Article 4 paragraph 1 (a)
third indent of the Regulation 1049/2001).
Document 70
Twenty words have been withheld from the report of the meeting with ACEA on 25th of
October 2012. 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 US and other countries. 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 1049/2001).
Document 74
One sentence in the 4th bullet point under the item “EU-US Trade Relations and the HLWG”
has been withheld as it contains information regarding the tactical approach towards the
ongoing EU/US trade negotiations which could have an impact on EU's relations with the US
and other countries. 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 1049/2001).
Document 75
Thirty-three words from the paragraph on EU-US trade relation have been withheld as they
contains information regarding the tactical approach towards the ongoing EU/US trade
negotiations which could have an impact on EU's relations with the US and other countries.
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 1049/2001).
Document 77
Six words and one sentence have been withheld from the report of the meeting with ACEA on
20th of February 2013. This part contains industries view and assessments on the specific issues
in the EU/US trade negotiations. Release of that information could have a negative impact on
ACEA'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 Regulation 1049/2001).
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 1049/2001).
Document 78
Two sentences have been withheld from the report of the meeting with Business Europe on 22nd
of February 2013. These sentences reveal 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 1049/2001).
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Document 79
Document 79, containing the report from the meeting with ACEA on 12th of March 2013, has
been withheld as parts of its content reveal commercial strategies and priorities which are
shared by industry in the context of the EU/US trade negotiations. The commercial interests
of ACEA and its members could be undermined by the release of this document (Article 4
paragraph 2 first indent of Regulation 1049/2001). Other parts of this document contain the
information regarding the tactical approach towards the ongoing EU/US trade negotiations,
which could have an impact on EU's relations with the US 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 1049/2001).
The possibility of granting partial access to this document (Article 4(6) of the Regulation) has
also been examined. However, it is considered that all parts of this document are covered by
the invoked exceptions. As a result, no such access can be granted.
Document 80 We cannot release parts of the report of the meeting with Ford on 13th of March 2013.
Three sentences and thirty-three words from the 1st paragraph under section “TTIP” have been
withheld as they contain commercial strategies and priorities which are shared by Ford in the
context of the EU/US trade negotiations. Release of this information would undermine the
protection of their commercial interests (Article 4 paragraph 2 first indent of Regulation
1049/2001).
Eighty-one words from the 2nd paragraph under section “TTIP” have been withheld as they
contain information regarding the tactical approach towards the ongoing 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 1049/2001).
Document 81
We cannot release parts of the report of the meeting with VDA on 10th of April 2013.
Twenty-two words under Part 1 have been withheld as they contain commercial strategies and
priorities which are shared by VDA in the context of the EU/US trade negotiations. Release of
this information would undermine the protection of their commercial interests (Article 4
paragraph 2 first indent of Regulation 1049/2001).
One sentence in under Part 2 and eight words under Part 4 have been withheld. Withheld parts
contain VDA's assessment of the situation for car industry in the US. Placing this information
in the public domain could have a negative impact on VDA's and its 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 Regulation 1049/2001).
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Nine words under Part 3 and eleven words under Part 6 have been withheld as these parts
contain sensitive information relating to the EU’s internal decision-making process.
Disclosure of this information would reveal the EU’s approach and would seriously
undermine the Commission’s decision-making process (Article 4 paragraph 3 of the
1049/2001). In addition, release of that information could 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 1049/2001).
One sentence under part 5 has been withheld as disclosure of this information could harm EU's
international relations with US since it could lead to a misleading interpretation of EU's bilateral
relations (Article 4.1 (a), third indent of the Regulation).
Document 82
The last of the 4th paragraph has been withheld as it contains an assessment of a particular of
the EU-US trade negotiations. The release of this 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
1049/2001).
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