Reply to request for access to documents 2021 146.pdf

Ref. Ares(2022)558845 - 24/01/2022

SG.2

Acting Head of Division

Brussels, 24 January 2022
eeas.sg.2 (2021) 7026966

To
Mr Finbarr Bermingham
by electronic mail


Subject: Your request for access to documents of 11 October 2021
Our ref: 2021/146

Dear Mr Bermingham,

The  EEAS  has  examined  your  request  for  access  to  documents  in  the  framework  of
Regulation (EC) No 1049/2001.1

Please be informed that the High Representative and the European Commission publish joint
reports  on  Hong  Kong  on  a  yearly  basis.  These  reports  analyse  at  length  the  political  and
economic situation, including the topics specifically mentioned in your request for access to
documents. All the annual reports are available online including the ones covering the period
mentioned in your request, which are 20192 and 20203. The report covering 2021 is expected
to  be  released  during  the  first  half  of  2022.  Furthermore,  the  High  Representative  and  his
spokesperson  have  regularly  made  public  the  EU’s  views  on  the  topics  mentioned  in  the
request.

Concerning  your  request  to  receive  “a  list  of  meetings  of  EEAS  and/or  representatives
(including the HRVP and Cabinet, and offices abroad) and representatives of the Hong Kong
government, and/or third party agencies representing the Hong Kong government, between
January 2019 and today”, please be informed that the EU-Hong Kong Structured Dialogue,
which  is  the  institutionalised  formal  format  of  meeting  between  the  EU  and  Hong  Kong
authorities,  has  not  taken  place  in  2020  and  2021.  The  last  EU-Hong  Kong  Structured
Dialogue took place on 28 November 20194.


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").
2  https://eeas.europa.eu/headquarters/headquarters-homepage/83230/hong-kong-special-administrative-region-annual-
report-2019-joint-report-european-parliament_en
3  https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1086
4 https://eeas.europa.eu/headquarters/headquarters-homepage/71150/structured-dialogue-meeting-between-hksarg-and-
european-union-explores-way-deepen-relations_en
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

Regarding your request to receive the minutes and other reports of these meetings, please note
that the Joint Press Release of the Structured Dialogue meeting between the Government of
the Hong Kong Special Administrative Region and the EU, which took place on 28 November
2019, is available online5.

Regarding  the  detailed  minutes  of  the  meeting,  please  be  informed  that  the  Structured
Dialogue is held in the spirit of openness between the diplomatic actors, which means that
the diplomatic interlocutors discuss topics in an open manner but with the understanding that
such discussions will remain within the diplomatic circles and will not be released to other
international actors or to the general public.

Our examination concluded that their disclosure to the general public would be detrimental
to the Union’s relations with Hong Kong 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.

Therefore, I regret to inform you that we are not in a position to disclose these documents at
this point in time, neither as a whole or partially, since it would seriously jeopardize both the
EU's relations with Hong Kong and put at risk the bilateral dialogue as per Article 4(1)(a),
third indent, of the Regulation.

Concerning your request to receive “all internal correspondence (including emails) between
EEAS officials and/or representatives (including the HRVP and Cabinet, and offices abroad)
discussing Hong Kong's protest movement, the Hong Kong national security law, EU Council
conclusions on Hong Kong, the closure of Apple Daily and the electoral reform in Hong Kong
(from January 2019 and  today)”, our examination concluded that these documents contain
opinions  for  internal  use  as  part  of  deliberations  and  preliminary  consultations  within  the
EEAS. Internal exchanges and preliminary considerations, proposals and discussions on these
proposals are held in the spirit of openness but under the umbrella of confidentiality, which
means that the staff discuss topics – often sensitive ones – in an open manner but with the
understanding that such discussions which reveal the margin of manoeuver of the EU, will
remain within the EEAS and will not be released to other international actors or to the general
public.  In  addition,    the  political  situation  in  Hong  Kong  is  evolving,  with  on-going
discussions  and  work  related  to  it,  which  means  that  the  disclosure  of  these  internal
discussions would directly harm the on-going diplomatic efforts. Finally, disclosing internal
discussions could also affect and put in danger the work of the EU Office on the ground as
well as the individuals and partners with whom the EU is working with.

Therefore, I regret to inform you that we are not in a position to disclose these documents at
this point in time, neither as a whole or partially, since it would seriously undermine the EU’s
international relations.

Regarding  “all  internal  correspondence  -  including  emails,  records  of  and  minutes  of  any
meetings, between EEAS officials and or/representatives, including the HRVP and Cabinet
and  offices  abroad  and  the  Hungarian  government  and/or  representatives  of  Hungary's
government at home or abroad on issues relating to Hong Kong since January 2019” - please
be informed that the disclosure of these information to the general public could harm EU’s
international  relations  with  its  Member  States.  Internal  correspondence  between  EEAS  and
Member States is done in a spirit of trust. Interlocutors discuss in an open manner in order to
reach a compromise and a common position but with the understanding that such discussions
will remain within the diplomatic circles and will not be released to other international actors

5 https://eeas.europa.eu/headquarters/headquarters-homepage/71150/structured-dialogue-meeting-between-hksarg-and-
european-union-explores-way-deepen-relations_en
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or  to  the  general  public.  The  EU  has  to  maintain  an  environment  of  mutual  trust  with  its
Member States  so  it does  not  reveal  its margin  of manoeuvre to  make  compromises when
reaching common positions vis-à-vis third countries to adverse actors to the EU.

Therefore, I regret to inform you that we are not in a position to disclose these documents at
this  point  in  time,  neither  as  a  whole  or  partially,  since  it  would  seriously  harm  EU's
international relations, as per Article 4(1)(a), third indent, and the internal decision-making
process on common EU positions as per Article 4(3), first indent, of the Regulation.

We nevertheless stand ready to organise a background briefing and have a discussion with
you on the file and answer the questions you may have.

Should you wish this position to be reviewed, you may confirm your initial request within
15 working days.


Yours sincerely,
[e-signed]

Guillem Riutord Sampol

Electronically signed on 24/01/2022 19:59 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
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