Lista de los documentos sobre el TTIP intercambiados con los Estados miembros, el Parlamento Europeo y el comité INTA

List of documents #TTIP exchanged with Member States and European Parliament/INTA committee

Como era de esperar la Comisión Europea ha vuelto a denegar a la petición de acceso a los documentos del que realicé  a través de asktheeu.org y que hice publica en el artículo titulado "Primera petición formal de acceso a los documentos de Tratado Transatlántico TTIP a la Comisión Europea basada en la Sentencia del Tribunal Europeo de Justicia C 350/12 P"

Pero por otro lado, se ha conseguido al menos una victoria pírrica y por primera vez conocemos de forma oficial los títulos de los textos informales, borradores y textos consolidados en las áreas de la Propiedad Intelectual, Energía y Materias Primas, Servicios Financieros, Servicios e Inversiones y Procedimientos Públicos.

Se que que no es gran cosa, pero al menos se ha empezado a romper el muro de secretismo que rodea las negociaciones del Tratado Transatlántico TTIP.

De momento no voy a extenderme en este artículo, pero si que lo haré de manera más reposada en los próximos días, generando la será la base para el RECURSO DE REVISIÓN DE LA DECISIÓN DE DENEGACIÓN DE ACCESO A LOS DOCUMENTOS DEL TTIP.

Siento decirles a los miembros de la Comisión Europea  que sufro el síndrome del CASINISMO y que estoy dispuesto a agotar las vías que estén a mi alcance con el fin de que la transparencia llegue a formar parte del proceso de negociación de Acuerdo Transatlántico de Comercio e Inversiones entre los Estados Unidos y la Unión Europea o más conocido como TTIP. 

:)

@citizeneconomy

ANNEX I - List of documents exchanged with Member States and European Parliament/INTA committee

	Title	Type	Date	Classification	Releasable
	Energy and Raw Materials
1	Initial position paper*	Paper	Round 1	EU Limited	No
2	Non-Paper on raw materials and energy	Paper	Round 2	EU Limited	No
3	Initial position paper*	Paper	June 2014	Public	Yes
	Financial Services
4	Initial position paper on Regulatory Issues in Financial Services	Paper	Round 1	EU Limited	No
5	Non-paper on Regulatory Co-operation on Financial Regulation	Paper	Round 2	EU Limited	No
6	Paper on The Relation between the EU Legislative Process and Regulatory Cooperation in Financial Services	Paper	Round 2	EU Limited	No
7	Non-paper on Regulatory Co-operation on Financial Regulation	Paper	Round 5	EU Restricted	No
8	EU negotiating position on financial services	Paper	January 2014	Public	Yes
	Services and Investment
9	Initial Services and Investment Offer	Paper	Round 6	EU Restricted	No
10	Non-paper on Mutual Recognition Agreements for Professional Services	Paper	Round 4	EU Limited	No
11	Non-paper on Air transport	Paper	Round 2	EU Limited	No
12	Paper on Draft Terms of Reference of a Working Group on Aviation	Paper	Round 5	EU Limited	No
13	Non-paper on Maritime transport	Paper	Round 2	EU Limited	No
14	Non-paper on Mobility Package	Paper	Round 4	EU Limited	No
	Intellectual Property
15	Paper on IP border measures	Paper	Round 6	EU Limited	No
16	Paper on Geographical Indications and List of Geographical Indications	Paper	Round 3	EU Restricted	No
17	Outline of a text on Geographical Indications	Paper	Round 5	EU Limited	No
	Public Procurement Services
18	Initial position paper on Public Procurement*	Paper	Round 1	EU Limited	No
18	Text proposal Public Procurement	Text proposal	Round 3	EU Restricted	No
19	Paper on the European Union's initial request to the US in relation to Annex I entities (federal level)	Paper	Round 3	EU Restricted	No
20	Paper on Coverage of public private partnerships ("PPP")	Paper	Round 5	EU Limited	No
21	Non Paper on Main elements of EU Expectations for US deliverables in an initial offer concerning the sub-central level on public procurement (in particular related to Annex 2)	Paper	Round 6	EU Limited	No
22	Initial position paper*	Paper	June 2014	Public	Yes

* While in a different format, the initial papers published and made public are, in its essence, the same that were provided to all Member States and the European Parliament/INTA Committee.

RESPUESTA OFICIAL DE DENEGACIÓN DE LA COMISIÓN EUROPEA

EUROPEAN COMMISSION

Directorate-General for Trade

The Director General

Brussels, 13 August 2014 Trade/dga2.e.l (2014)2863262

Mr Gregorio Abascal Galan 

By email: ask+request-1421 [email protected]

Subject: Document request pursuant to Regulation (EC) No 1049/2001 (GESTDEM

2014/3586)

Dear Mr Galan,

Thank you for your request Gestdem 2014/3586, received on 4 August 2014, for access to documents under Regulation No 1049/20011 regarding public access to European Parliament, Council and Commission documents ("the Regulation").

We understand from your request that you would like to have access to the following TTIP documents:

Consolidated text proposals, non-papers and draft text proposals in the following areas:

-Chapter on Energy and Raw Materials -Chapter on “Financial Services ”

-Chapter on Services and Investments, Intellectual Property and Public Procurement Services

Before I go into the details of your requests, let me draw your attention to the General Court rulings concerning the access to documents of international agreements.

As you know, 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

1 OJ L 145, 31.5.2001, p. 43.

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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.

Indeed, as the General Court recognised in case T-301/102 3, the negotiation of international agreements can justify, in order to ensure the effectiveness of the negotiation, a certain level of discretion to allow mutual trust between negotiators and the development of a free and effective discussion. [...] [AJny form of negotiation necessarily entails a number of tactical considerations of the negotiators, and the necessary cooperation between the parties depends to a large extent on the existence of a climate of mutual trust.

The General Court acknowledged furthermore that [i]n the context of international negotiations, the positions taken by the European Union are, by definition, subject to change depending on the course of those negotiations, and on concessions and compromises made in that context by the various stakeholders, [...j [Tjhe formulation of negotiating positions may involve a number of tactical considerations of the negotiators, including the European Union itself. In that context, it is possible that the disclosure by the European Union, to the public, of its own negotiating positions, even though the negotiating positions of the other parties remain secret, could, in practice, have a negative effect on the negotiating position of the European Union.

Furthermore, such discretion is also required to safeguard the mutual trust between the negotiating parties, which is an essential precondition for the success of the negotiations. Indeed, some of the documents requested include direct and indirect references to the negotiation positions of the US. Release of the latter position would undermine the trust of the US in the confidentiality of the negotiations, and therefore also the chances of reaching successful negotiation results. The fact that both negotiating partners have pledged to respect the confidentiality of the negotiations within the limits of their respective access to documents rules only reinforces this conclusion4.

In the above-mentioned judgment5, the General Court confirmed that in the context of international negotiations, unilateral disclosure by one negotiating party of the negotiating position of one or more other parties, even if this appears anonymous at first sight, may be likely to seriously undermine, for the negotiating party whose position is made public and,

2 Judgment of the General Court of 19 March 2013 in case T-301/10, Sophie in't Veld v European Commission, paragraph 119.

3 Ibid, paragraph 125.

4 Arrangement on TTIP negotiating documents

-EU letter to the US available in http://trade.ec.europa.eu/doclib/docs/2013/iulv/tradoc 151621.pdf

-US letter to the EU available in http://www.ustr.gov/sites/default/files/US%20signed%20conf%20agmt%20letter O.pdf

5 Paragraph 126.

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moreover, for the other negotiating parties who are witnesses to that disclosure, the mutual trust essential to the effectiveness of those negotiations. As the Commission emphasises, establishing and protecting a sphere of mutual trust in the context of international relations is a very delicate exercise.

Your request concerning TTIP documents

We have identified 22 documents (see Annex I) falling under the scope of your request out of which

• 1 document concerns the EU draft text proposal on public procurement, with security

classification as "EU Restricted" sent by the European Commission to the Member States and the INTA Committee in the European Parliament, and

° 21 papers (consisting of initial position papers, papers or non-papers6 7 8), out of which o 18 papers, with security classification as "EU Restricted" or “EU Limited” as sent by the European Commission to the Member States and the INTA Committee in the European Parliament; and o 3 public documents.

ft.

Concerning the status of EU draft text proposal in the areas of your request, ahead of the 6

n

TTIP negotiating round the Commission published a summary of the state of play of the negotiations, and progress achieved by the negotiators to date in all the areas of the

o

negotiations. As you can see in the document, in only one area falling under the scope of your request the negotiations have reached the stage in which discussions are based on consolidated texts. In the area of public procurement, discussions have only recently started to take place on the basis of consolidated texts.

The three public documents referred to above, concern the initial EU position papers presented to the US during the negotiations. In the areas of your interest the following papers are available:

-Energy & Raw Materials - http://trade.ec.europa.eu/doclib/docs/2Q13/iulv/tradoc 151624.pdf

-Financial Services - http://trade.ec.europa.eu/doclib/press/index.cfm?id=T 018

-Public Procurement - http://trade.ec.europa.eu/doclib/docs/2013/iuly/tradoc 151623.pdf

6 For the purpose of negotiations documents shared by the Commission with the EU Member States and the European Parliament/INTA Committee are all considered papers irrespective of whether the title refers of initial position papers, non-papers or concept papers.

7 TTIP state of play available in http://trade.ec.europa.eu/doclib/press/index.cfm?id=1126

8 Energy and Raw Materials, Financial Services, Services and Investment, Intellectual Property, Public Procurement

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Unfortunately, I regret to inform you that disclosure of the draft EU public procurement text proposal and of the remaining 18 papers is prevented by exceptions to the right of access laid down in Article 4 of this Regulation. Putting the requested documents at this point in time into the public domain would undermine the position of the Commission in the negotiations and, more generally, its relations with the US and other negotiating partners as it would provide indications regarding the negotiation approach and tactics followed by the EU in its negotiations with the US, and would hence weaken the EU's position in these and its other, ongoing and future, bilateral negotiations.

For these reasons, access to these 19 documents has to be refused based on the exception defined in Article 4(1 )(a), third indent of Regulation, and the above mentioned case law, as their release would result in a real and non-hypothetical risk to the international relations protected by that provision.

We have also considered whether partial access can be granted to the documents, pursuant to Article 4(6) of the Regulation. However, the requested documents are entirely covered under the aforementioned exception as it is impossible to disclose any parts without undermining the protection the EU's international relations, as explained above.

Finally, I take note of your comments concerning transparency in the TTIP negotiations as well as on the letter from the European Ombudsman to President Barroso, asking for more effort on TTIP transparency. Let me reassure you that the EU is committed to providing a maximum of information available in the public domain for review of citizens, the media, and the many stakeholders as we move through the negotiations. That is why the Commission has taken the unprecedented step of making available in the public domain a number of EU's position papers in most areas of the negotiations9. Further initiatives to ensure transparency in this respect may be considered by the new Commission.

If you would like the position taken by our service to be reviewed, you should write to the Commission's Secretary-General at the address below, confirming your initial request. In accordance with Article 7.2 of the Regulation, you have fifteen working days in which to do so from receipt of this letter, after which your initial request will be deemed to have been withdrawn.

The Secretary-General will inform you of the result of this review within fifteen working days from the registration of your confirmatory request, either granting you access to the document or confirming the refusal. In the latter case, you will be informed of how you can take further action.

9 Position papers available in http://trade.ec.europa.eu/dodib/press/index.cfm?id=1080&serie=775&lanRld=es and http://trade.ec.europa.eu/doclib/press/index.cfm?id=943

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All correspondence should be sent to the following address:

European Commission Secretary-General Transparency unit SG-B-5 BERL 5/327 B-1049 Brussels

Or by email to: sg-acc-doc@,ec.europa.eu

Yours sincerely,

Jean-Luc DEMARTY

Enclosures:

ANNEX I - list of documents exchanged with Member States and European Parliament/INTA committee on the topics falling under the scope of the request

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