The EU is about to export verbatim copies of IPRED1 articles to a group of countries called the CARIFORUM States (Belize, Jamaica, Haiti, Suriname etc). At the same time, Sweden's largest telecommunication services company TeliaSonera says* the Data Retention Directive overrides IPRED1 since it provides privacy protection for private persons visavis copyright holders. If TeliaSonera is right, the privacy protecting provisions in the Data Retention Directive would have to be included in the CARIFORUM agreement along with the privacy invasive articles of IPRED1, otherwise the Commission would have overstepped the Acquis Communautaire by exporting a law without its balancing counterparts. This would be particularly sensitive in the light of Reding's promises to make fundamental rights impact assessments under the Lisbon treaty. It would be reasonable to expect the Commission to put in place checks and balances to stop fundamental rights in third countries being undermined as a direct result of bilateral and/or plurilateral "trade agreements". Yes, I mean ACTA too. If you were a copyright holder opposing TeliaSonera, and the CARIFORUM agreement was legally binding to all EU Member States (which I think it is not since it is still Awaiting final decision), you could argue that TeliaSonera's interpretation is invalid since no overriding of IPRED1 was agreed with the CARIFORUM States. And you cannot breach international agreements. Regardless of who is right or wrong here, I'd say that when you are cherrypicking EU directive articles and insert them in binding international agreements you are safely within the Turco case definition of "legislative initiatives" and/or "legislative action".
"The possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights.
"[...] such an overriding public interest is constituted by the fact that disclosure of documents containing the advice of an institution's legal service on legal questions arising when legislative initiatives are being debated increases the transparency and openness of the legislative process and strengthens the democratic right of European citizens to scrutinize the information which has formed the basis of a legislative act[...]"Amelia has found a document which seems to be addressing this issue, but its not public... *) For some reason Google translates Telia into Vodafone :-)