CECILIA MALMSTROM Brussels, 12/12/2014 Dear Chaim, D,,, Qerncl, Further to our earlier exchange of letters on access of MEPs to negotiating documents, I am very pleased that our respective teams from the INTA Secretariat and DG Trade have already held several detailed discussions on how we take these proposals forward. I am very clear that the underlying objective of this exercise is to build a long term, sustainable basis for our work. I therefore want to ensure that the concems and objectives of Parliament are properly integrated in this new approach. That is why I have instructed my Services to reflect carefully on how together we can achieve this. To implement the proposals set out in the Communication on Transparency in the TTIP negotiations as swiftly as possible, I think the contours of what needs to be done to set up the necessary arrangements are already emerging quite clearly. To this end, I would like to set out what I hope could be the basis for a joint proposal we could together make to both our respective Institutions. The three key elements would be the following: ® TIP Documents marked as “Limited” will be made available to all MEPs. * TIP documents classified as “Restreint UE” and originating in the Commission will bbe made available to all MEPs through a reading room. However, those MEPs which currently receive paper copies (INTA Chair, Vice Chairs and Coordinators, INTA Members of the Monitoring Group and Chair and rapporteur of other Committees represented in the Monitoring Group, and of course also the President of the Parliament), would continue to be able to be given paper copies of those documents. * We are also reviewing — as set out in the Communication - the way we classify information related to TTIP so as to mark more documents as “Limited” instead of Restreint UE". Mr Bernd Lange Committee on International Trade ‘The Chairman European Parliament 60, rue Wiertz B-1047 Brussels ‘ots anoaeis TEL yan ena8-rakicahinar eraWhile we are taking the necessary steps here on our end, for this to work to both of our ‘satisfaction, it will be essential to have a clear understanding of how the Parliament intends to ensure the confidentiality of the sensitive trade information that would be shared in this way. This will allow us to maintain the necessary negotiating space for the EU and to ensure the appropriate treatment of any material relating to the position taken in the negotiations by our negotiating partner. Particular care will be needed for sensitive information in the form of Limited documents, where copies will circulate outside the protection offered by a reading oom, My sense is that a clear message from you and President Schulz to concerned Members and Staff of the vital importance of ensuring the appropriate handling of both “Restreint UE” and “Limited” documents is essential. 1 understand you are reflecting on your side on this and other aspects of the handling arrangements, such as whether aecess to the reading room or to “Limited” documents could be withheld in the event of you establishing that there has been an unauthorised disclosure of information or specific documents by a Member of the Parliament, a political group or their staff. These issues need to be further discussed. To support that discussion, I have included in the Annex some ideas of how the practical arrangements could be set up to ensure the appropriate handling of the documents in question. In oder to move ahead with these commitments as swiftly as possible, it would be excellent if the reading room in the Parliament would be up and running as of January. However, pending a final agreement of the precise arrangements, | am_ ready from the beginning of 2015 to offer temporary access (until the end of February) to the Commission’s reading room in the Charlemagne so as to ensure access to “Restreint UE” documents is not delayed unnecessarily. However, | trust you will understand that we cannot maintain such access on a Permanent basis given the additional workload associated with providing such access. Obviously, this would also need to be done on the basis of visit times being agreed in advance, so as to ensure there is sufficient space. As regards “Limited” documents, I have included some suggestions in the Annex and would be grateful for your views so that we can move ahead as swiflly as possible in widening ‘access to them beyond INTA as well. In addition, 1 would like to confirm that we are preparing to implement the other aspects of the Transparency Package. In particular, we are currently finalising preparations to publish TTIP documents, including textual proposals, on our website. At the same time we will also Publish a list of TTIP documents shared with Council and the European Parliament, You may also have seen that last week I had a first meeting with more than 200 civil society organisations within our Civil Society Dialogue. Finally, I am of course aware of the interest among MEPs to increase access even beyond the Proposals set out in the Communication. This is a delicate matter but I would be ready to discuss this further as appropriate.T believe that agreeing the arrangements set out in this letter will allow both the Commission and the Parliament to be even more cffective in making the case for an ambitious and balanced TTIP agreement. T look forward to your reactions so that we can finalise these arrangements as swifily as possible. Yours sincerely ) ca ey 1 Cecilia Malmstrox Annex: Handling of Limited and Restricted documentsAnnex — Handling of Limited and Restricted documents ‘Limited documents For “Limited” documents, my suggestion would be that these documents could be shared electronically with INTA Members as is the case today. However, as regards other ‘Committees, the INTA Secretariat would be free to forward a list of the documents concerned to a designated distribution body within the Parliament — whether the Secretariat(s) of another Committee or a central distribution body. That body could then provide periodically to ‘Members a list of available documents, which could be provided in paper version on demand, and with an identifiable marking system per document released. “Restreint UE” in the reading room For Restricted EU documents (“Restreint UB”) in the reading room, the current rules would apply (i.e. documents can be consulted and discussed with others with the same level of ‘access, and notes can be taken). However, the documents cannot be removed, copied, photographed or of course otherwise disclosed. As regards access for Parliament staff to the reading room, it is important that key staff advising MEPs on the TTIP negotiations would have sufficient access to documents on a “need to know” basis. The fine details still need to be agreed, but I think it would be appropriate for all INTA Secretariat administrators, selected administrators ftom other Committees, key advisors of political groups, and a designated Assistant of MEPs, to have access to the reading room, and in certain cases, to be able to work with a paper copy of EU Restricted documents, when such documents are available to the MEP they are advising, The question has also been raised as to whether this new arrangement would also cover documents already classified, or whether it is purely forward looking. My proposal is to be as ‘open as possible: All EU Restricted TTIP documents that the Commission has shared with the EP so far would be available in the reading room.