Ref. Ares(2016)5536038 - 23/09/2016
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
The Director-General
Brussels,
DG/JP/R.6/VK/RW D(2016) 5966840
By registered letter with acknowledgment of
receipt:
Hans WETZELS
Van Spilbergenstraat 84-3
1057RL, Amsterdam
Advance copy by email : ask+request-3209-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2016/4520
Dear Sir,
We refer to your e-mail dated 10/08/2016 in which you make a request for access to
documents, registered on 10/08/2016 under the above mentioned reference number.
You request access to:
on the topic of TTIP; all correspondence (including emails), the list of meetings
with detailed minutes and any other reports of such meetings between DG AGRI's
officials (including the Commissioner and his Cabinet members) and
representatives and/or officials of DG TRADE between January 2013 and
January 2014.
on the topic of TTIP; all correspondence (including emails), a list of meetings
with detailed minutes and any other reports of such meetings between DG AGRI's
officials (including the Commissioner and his Cabinet members) and farmers'
organizations and/or representatives from all farming sectors from any EU-
member state between January 2013 and January 2014.
on the topic of TTIP; a list of meetings with detailed minutes and any other
reports of such meetings between DG AGRI's officials (including the
Commissioner and his Cabinet members) and representatives of the following
companies and industry associations: FoodDrinkEurope, Coceral, EuropaBio,
Bussiness Europe, European Crop Protection Association (ECPA) between
January 2013 and January 2014.
With letter reference Ares(2016)4918173 of 1st September, you have been informed that
an extended time limit was needed
.
On top of the 9 documents which have already been transmitted to you, we have identified
17 additional documents which fall within the scope of your request. These documents
pertain (1) to correspondence between DG AGRI's officials and farming organisations
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
and/or representatives from all farming sectors from EU Member States between January
2013 and January 2014 and (2) correspondence and meetings between DG AGRI's officials,
including Commissioner Ciolos and his cabinet members and officials of DG TRADE
between January 2013 and January 2014. Please note that we did not include documents
which were merely copied for information between DG TRADE and DG AGRI and
documents which were sent by DG AGRI to DG TRADE for transmission to other EU
institutions as these documents do not result in policy exchanges between the two services.
Documents n°7, 9, and 11 are owned by DG TRADE to which you have sent a separate
request for access to documents (request Gestdem 2016/4483). For these 3 documents,
we therefore refer you to DG TRADE's response to your request.
Please note that we did not identify new documents pertaining to meetings with farmers'
organisations and companies or industry associations mentioned in your request in addition
to the 9 documents already transmitted to you on 1st September.
The list of documents is detailed in the table annexed to the letter:
Having examined the 17 documents and after having consulted the author of documents 1, 3
and 4 requested under the provisions of Regulation (EC) No 1049/2001 regarding public
access to documents, I have come to the conclusion that these documents may be partially
disclosed with the exception of documents 13, 15, 16 and 17 which may not be disclosed.
The disclosure of some parts or whole of these 4 documents is prevented by exception to the
right of access laid down in Article 4 of this Regulation.
Indeed these documents cannot be released as their disclosure would undermine the
protection of the public interest as regards international relations insofar as they include
information and opinions on strategic approaches related to the TTIP negotiations with the
United States. Therefore the exceptions laid down in Articles 4(1) (a) third indent of
Regulation (EC) No 1049/2001 apply to these documents.
The exception laid down in Article 4(1) (a) third indent is applied to refuse access to parts or
entire documents for the information contained in them cannot be disclosed as the success
of the negotiations depends to a large extent on the protection of objectives, tactics and fall-
back positions of the parties involved. While the Commission is highly committed to the
principle of transparency, a certain level of discretion and special care in handling its
negotiating documents is essential. Only by safeguarding this discretion can the
Commission preserve the room for manoeuvre required to lead the negotiations to a
conclusion which promotes the EU interest.
Disclosing these documents poses a real and concrete risk of undermining the chance of
success for the on-going negotiations, and would, more generally, have detrimental effects
on the Commission's position in similar international negotiations.
Concerning documents 1 to 6, 8, 10, 12 and 14, our examination lead to the conclusions that
they may be partially disclosed. These 10 documents contain personal data which have been
redacted. Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a
document has to be refused if its disclosure would undermine the protection of privacy and
the integrity of the individual, in particular in accordance with Community legislation
regarding the protection of personal data. The applicable legislation in this field is
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18
2
December 2000 on the protection of individuals with regard to the processing of personal
data by the Community institutions and bodies and on the free movement of such data1.
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable2.
According to Article 8(b) of this Regulation, personal data shall only be transferred to
recipients if they establish the necessity of having the data transferred to them and if there is
no reason to assume that the legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and/or that it cannot be
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned. Therefore, we are disclosing the documents requested expunged from this
personal data.
In case you would disagree with the assessment above concerning partial non-disclosure of
requested documents, you are entitled, in accordance with Article 7(2) of Regulation
1049/2001, to make a confirmatory application requesting the Commission to review this
position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/282
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Jerzy PLEWA
Annex:
list of identified documents and 10 documents
1 Official Journal L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
3
Electronically signed on 23/09/2016 17:04 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563