Acces to info II: CETA and TTIP: EC-Poland corespondence – specific documents

I’ve just sent today, on The Day of Action against TTIP and CETA, new request to European Commission and second one to Polish Ministry of Economy (see below in Polish).
There are based on two lists I received in response to my previous request (see:…). Since some of requested documents were NOT specified as Restricted or Limited I expect no further delay in making them public.

Zapytanie w trybie dostępu do informacji publicznej do Sekretariatu Departamentu Handlu Ministerstwa Gospodarki:
Proszę o udostępnienie dokumentów zawierających korespondencję (w tym e-maile) pomiędzy Komisją Europejską a polskimi władzami dotyczącą porozumień Comprehensive Economic and Trade Agreement (CETA) i Transatlantic Trade and Investment Partnership (TTIP), w szczególności tych wysłanych przez stronę polską do Trade Policy Committee oraz ew. otrzymanych odpowiedzi: a) dotyczące TTIP – dokumenty datowane na: 1/10/2013, 27/11/2013, 30/01/2014, b) dotyczące CETA – dokumenty datowane na: 1/09/2009, 17/02/2010, 2/12/2010, 18/01/2012, 16/05/2012, 13/09/2012, 8/11/2012, 5/06/2013.


I got an answer from Polish Ministry of Economy, access denied:

„Udostępnienie żądanych przez Panią informacji mogłoby doprowadzić do naruszenie procesu podejmowania decyzji lub doprowadzić do zdradzenia taktyki działania lub stanowiska, które mogłoby zaszkodzić relacjom z krajem trzecim”

[EN] The provision of the information requested by you, could lead to a violation of the decision making process or lead to betray tactics or positions that could harm relations with the third country.

Here FULL ANSWER in Polish: Odpowiedź odmowna Min. Gosp. II


watch@_@bitch PL

While patiently waiting for the TRADE answer I asked Polish authorities few questions about TTIP. I started from Ministry of Economy (’cause I knew that this is the ministry that conducts TTIP’s related works ). I ask about Polish  position regarding to intellectual property rights (IPR). Last week I received very polite answer with that position:

Currently Polish positions on IPR is as follows: What is important for Poland it is the sensitivity to issues relating to the protection of intellectual property, in particular in the digital environment in the perspective of the rights and duties of citizens. Poland approvingly refers to exemption of criminal sanctions from agreement, which has been provided in the mandate. Agreement should not also contain provisions on intellectual property law not directly related to its trade  aspects, nor aimed at the liberalization of trade

/for Polish see attachment below/

I was also informed that this position was prepared not by ME itself but by other gov institutions, i.a. Ministry of Culture and National Heritage (MKiDN).

It seemed to me quite vague so I’d like to ask an author what does it mean. So I asked MKiDN who from ministry has been working on that statement. I assumed that some other people/organizations could had access to those works so also asked about their names.

How surprised I was (OK, I would if not read CEE authors like Kafka or Gogol before) when MKiDN that allegedly prepared the above position, informed me today that they have never seen any proposals of  TTIP.  Moreover I did not get a response to my question  who works on these issues, because the Ministry of Culture sent me back to the Ministry of Economy, as the only ministry that deals with TTIP. I did not get a reply to my  question whether there will be any broader consultations. But the statutory deadline for responses has not yet expired, so I remain in hope.

Oh and only plus is that now I know that the Ministry of Culture’s asking form is running.

Stay tuned!

Ministry of Economy’s answer

Ministry of Culture’s answer


/// quick update///

I just read info that „as part of its ongoing efforts to make its negotiations with the US the most open and transparent trade talks to date, the European Commission today launches a public consultation on investor protection and investor-to-state dispute settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP).”

Would it be too much if EC asks once about citizens protection instead of investors/rightsholders/intermediaries?

watch@_@bitch asks about CETA and TTIP

Very excited about watchdog course I’m taking I decided to use my newly acquired competence and have just asked The Directorate General for Trade about CETA and TTIP agreements.

As you probably know most of the documents about negotiations between UE and Canada/US are not publicly available but I decided to take my chance :)

I used cool website  designed by AccessInfo coalition. That’s what I wrote:

/// Dear Trade (TRADE), Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

1) the content of all correspondence (including e-mails) between the European Commission and the Polish Government (especially Polish Ministry of Economy) on a) the Comprehensive Economic and Trade Agreement (CETA) and b) the Transatlantic Trade and Investment Partnership (TTIP).

2) Polish negotiating positions or other documents presenting the opinions of the Polish authorities on the proposed provisions of CETA and TTIP agreements regarding to intellectual property, held by the Commission.

3) what individuals and organizations (private, social or public) have so far (up to the date of application) access to all or part of the proposed provisions of CETA and TTIP agreements. Please give me:

a) the names of these institutions and the names and positions of persons,

b) date of availability of documents,

c) their scope and

d) the purpose of availability, as well as

e) the legal basis on which this access was granted. ///

Here is the link where an answer will be published within 15 days. Keep your fingers crossed.

watch@_@bitch is watching  :)

/// update 3.03.14 ///

I received very nice letter from Indre VAICEKAUSKAITE from Unit A3. Indre informed me that „the time limit will expire on 24/03/2014” but also asked about „the period covered by the request”. I elaborated that „I’m interested in all documents mentioned in my request but particulary in the last period of negotiations. So it is from 1st of July 2013 in case of TTIP and 1st of May 2009 in case of CETA to the date of the request.”


/// update 9.03.14 ///

I also asked Polish Ministry of Economy about our negotiating positions and proposed provisions TTIP agreement on IP issues.

I didn’t received any confirmation so not sure if they get my request. I’m a little worry because as I read another Ministry (of Culture) has huge problem with their form for access to information requests. It’s been 3 months and still doesn’t work. For real.


///EC TRADE still keeps me waiting:

„An extended time limit is needed as your application concerns potentially very large number documents. In addition majority of the documents requested originate from Member State which must be consulted in line with Article 4(4) of the Regulation.”

The new time limit expires on 14/04/2014.