BETA

Activities of Marco CAPPATO related to 2008/0090(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2008/0090(COD)

Amendments (23)

Proposal for a regulation
Article 3 – point a

(a) «'document»' shall means any ~~content whatever its medium (written on paper or stored in electronic form or as a~~information, data or content (text, sound, visual or audiovisual ~~recording) drawn-up by~~material, data and inst~~itu~~ruction and formally transmitted to one or more recipients or otherwise registered, or received by an institution; data contained in electronic storage, processing and retrieval systems are documents if they can be extracted in the form of a printout or electronic-format copy using the available tools for the exploitation of the systems of data processing systems) whatever its physical or electronic storage medium concerning a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility, including information contained in electronic storage, processing and retrieval systems (including external systems used for the institution's work). An institution that intends to create a new electronic storage system, or to change significantly an existing system, shall evaluate the likely impact on the right of access guaranteed by this Regulation and act so as to promote the objective of transparency;

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 2 – point b

~~(b) intellectual property rights;~~deleted

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) legal advice ~~and~~exclusively drafted within the framework of a court, arbitration ~~and~~or dispute settlement proceedings to which the institution is one of the parties;

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 2 – point e

~~(e) the objectivity and impartiality of selection procedures.~~deleted

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 4

4. The exceptions under previous paragraphs ~~(2) and (3)~~ shall apply unless there is an overriding public interest in disclosure. ~~As regards paragraph 2(a)~~Such an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment, the principle of publicity, democracy, the rule of law, the protection of fundamental rights and particularly the right to live in a healthy environment.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. Emissions into the environment shall be defined as direct or indirect releases of substances, vibrations, heat or noise from individual or diffuse sources into the air, water or land, in accordance with Council Directive 96/61/EC.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 4 b (new)

4b. Disclosure of public procurement or framework contracts between an institution and a vendor shall not fall within the exceptions set out in paragraph 2.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 5

5. Names, titles and functions of public office holders, civil servants and interest representatives in relation with their professional activities shall be disclosed unless, given the particular circumstances, disclosure would adversely affect the persons concerned. Other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in EC legislation on the protection of individuals with regard to the processing of personal data.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 5 – paragraph 2

2. Where an application concerns a document originating from a Member State~~, other th~~ not acting as a Member of the Council and do~~cuments transmitted in the framework of procedures leading to a legislative act or a non-legisla~~es not directly concern the adoption or implementation of EU legislation and policies, until such tivme a~~ct of general applicatio~~s any proceedings before a court have begun, the authorities of that Member State ~~shall~~may be consulted. The institution holding the document shall disclose it unless the Member State gives reasons for withholding it, based on the exceptions referred to in Article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned. The institution shall appreciate the adequacy of reasons given by the Member State insofar as they are based on exceptions laid down in this Regulation.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 5 a (new)

Article 5a Transparency principles 1. In compliance with the democratic principles outlined in Article 6 (1) of the EU Treaty and with the case-law of the Court of Justice on the implementation of Regulation (EC) No 1049/2001, the institutions, particularly when acting in their legislative capacity, including under delegated powers, shall grant the widest possible access to their activities. 2. Documents relating to their legislative programmes, preliminary civil society consultations, impact assessments and all other preparatory documents, as well as documents relating to the implementation and application of EU policies, including those of a financial nature, particularly when linked to a legislative procedure, shall be accessible on a user-friendly interinstitutional site and published in a special series of the Official Journal of the European Union. 3. In implementing this Regulation, legislative proposals as well other EU legal texts shall be drafted in a clear and understandable way and the institutions shall agree common drafting guidelines and models improving legal certainty in accordance with the relevant case-law of the Court of Justice. 4. During the legislative procedure, each institution or body associated in the decision-making process shall publish its preparatory documents and all related information, including legal opinions, in a special series of the Official Journal of the European Union, as well on a common Internet site reproducing the lifecycle of the procedure concerned. 5. Once adopted, legislative acts shall be published in the Official Journal of the European Union as provided for by Article 13. 6. By virtue of the principle of loyal cooperation which governs relations between the institutions and the Member States, the Member States shall grant to their citizens at national level at least the same level of transparency as is granted at EU level by timely and clearly publishing in their respective official journals the texts or the references of the national measures implementing acts of the institutions of the Union. 7. Any initiative or documents provided by any interested parties with a view to influencing the decision-making process in any way shall be made public. 8. The institutions shall agree on a shared interinstitutional register where all lobbyists and other interested parties shall be listed.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 3

3. Documents shall be supplied in an existing version and format (including electronically or in an alternative format such as Braille, large print or tape) with full regard to the applicant's preference and to the requirement of technology neutrality.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 3 a (new)

3a. The content of a document shall be available without discrimination in terms of visual impairment, working language or operating system platform. Institutions shall provide for actual access by an applicant to the content of documents without technical discrimination.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 10 – paragraph 5

~~5. This Regulation shall not derogate from specific modalities governing access laid down in EC or national law, such as the payment of a fee.~~deleted

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 1

1. To make citizens' rights under this Regulation effective, each institution shall provide public access to a register of all documents. a) Access to the register should be provided in electronic form. b) References to documents shall be recorded in the register without delay. c) Registers of the institutions shall provide an easy-to-use interface in the languages of all the Member States and comply with the principles of interoperability, technology neutrality and barrier-free access. d) Registers shall provide simple and static long-term hyperlinks to stored electronic documents. e) To the extent possible, the institutions shall provide for re-use of the electronic register's source code under the European Union Public Licence. f) Electronic text documents shall be made available, if practicable, through registers using international standards such as ISO/IEC 32000:2008, ISO/IEC 26300:2006, ISO/IEC 15445:2000 or more recent versions. g) The institutions shall establish a common interface for their registers of documents and create a single point of access for direct access to documents by ... *. * OJ: one year from the adoption of this Regulation.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 11 – paragraph 3

3. The ~~institutions shall immediately take the measures necessary to establish a register which shall be operational by 3 June 2002~~European Parliament shall furthermore create a register of parliamentarians' activities, ensuring appropriate publicity and granting access to information relating, among other things, to Members' activities, participation and attendance, use of allowances, and declarations of financial interest. All the institutions covered by this Regulation shall create similar registers in order to ensure the accountability and legitimacy of the European Union.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 1

1. ~~Documents~~The institutions shall make all documents directly accessible to the public in electronic form or trough a register, particularly those drawn up or received in the course of procedures for the adoption of EU legislative acts or non-legislative acts of general application ~~shall, subject to Articles 4 and 9, be made directly accessible to the public.~~ .

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 2

2. ~~Where possible, o~~Other documents, notably documents relating to the development of policy or strategy~~, shall~~ or to their implementation, shall in principle be made directly accessible in electronic form.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 4

~~4. Each institution shall define in its rules of procedure which other categories of documents are directly accessible to the public.~~deleted

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 12 a (new)

Article 12a Principle of publicity and better documentation 1. Each institution shall ensure appropriate publicity for its activities and the availability of information and documentation relating to its activities with regard to: a) timetables and electronic calendar information, b) rules of procedure and administrative processes, c) working groups, d) membership of its advisory groups such as High Level Groups of the European Commission and authors of studies drawn-up for the institution, e) audiovisual streaming and recording of hearings, meetings, conferences and stakeholder consultations, f) use of technology-neutral data formats and proactive support for barrier-free access. 2. All documents drawn-up by an institution and formally transmitted to one or more recipients or received by an institution shall be registered at least internally. 3. To the extent possible institutions should allow public access to the specifications of formats and protocols used for their documents and allow implementation and use without restriction or discrimination. 4. The institutions shall document their compliance with paragraph 3.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 14 a (new)

Article 14a Sanctions Any failure by an institution to comply with the obligations provided for in this Regulation in a specific request for access to documents shall lead to the automatic granting of access to the documents requested by the applicant. Any failure to comply with the obligations pursuant to this Regulation, whether intentionally or through negligence on his or her part, shall make an official or other servant of the institutions liable to disciplinary action in accordance with the rules and procedures laid down in the Staff Regulations of Officials of the European Communities or in the conditions of employment applicable to other servants and in the institutions' internal rules.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 2

2. The institutions shall establish an interinstitutional Article 255 committee to examine and exchange best practice, ~~address possible conflic~~identify access and usability barriers and unpublished data sources, address possible conflicts, promote interoperability, re-use and merger of registers, standardise document coding through a European standards organisation, creation of a single EU portal to ensure access to all EU documents and discuss future developments on public access to documents.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 15 – paragraph 2 a (new)

2a. The institutions shall consult users of its document access services with a view to better meeting the actual needs of users.

2009/01/21
Committee: LIBE

Proposal for a regulation
Article 16

~~This Regulation shall be without prejudice to any existing rules on copyright which may limit a third party's right to obtain copies of documents or to reproduce or exploit released~~Article 16 deleted Reproduction of documents.

2009/01/21
Committee: LIBE