[pp.int.general] ACTA: My request to view EU document refused.

Charly charlyj at gmail.com
Fri Dec 18 19:09:23 CET 2009


I submitted a request online to view an EU document regarding ACTA
negotiations. They replied:

 The General Secretariat of the Council has examined your request on the
> basis of Regulation (EC) No 1049/2001 of the European Parliament and of the
> Council regarding public access to European Parliament, Council and
> Commission documents (Official Journal L 145, 31.5.2001, p. 43) and the
> specific provisions concerning public access to Council documents set out in
> Annex II to the Council's Rules of Procedure (Council Decision No
> 2009/937/EU, Official Journal L 325, 11.12.2009, p. 35) and has come to the
> following conclusion:
>


> Document 16178/09 is a note from the General Secretariat of the Council to
> the Working Party on Intellectual Property concerning:ACTA
> negotiations- Special Requirements Related to the Enforcement of
> Intellectual Property Rights in the Digital Environment= Draft EU comments.
>


> It is classified as RESTREINT UE. This classification is applied to
> information and material the unauthorised disclosure of which could be
> disadvantageous to the interests of the European Union or of one or more of
> its Member States. This document contains information on trade negotiations
> which have not yet been completed. Disclosure of this information would
> impede the proper conduct of the negotiations and prejudice relations
> between the European Union and certain countries. It would also weaken the
> future position of the EU in the framework of such multilateral
> negotiations.
>


> Accordingly, pursuant to third indent Article 4(1)(a) of the Regulation
> (protection of the public interest with regard to international relations),
> and in the absence of any evidence of an overriding public interest in
> release also pursuant to the first subparagraph of Article 4(3) of the
> Regulation (protection of the decision making process of the Council), the
> General Secretariat is unable to accede to your request.As the exceptions to
> the principle of transparency apply to the content of the entire document,
> the General Secretariat is unable to grant you partial access as provided
> for in Article 4(6) of the Regulation.
>

Could anyone help me in explaining to them why it is in the public interest
to unveil these secret negotiations, I would be most grateful.
Thanks,
Charly.
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