Activities of Charlotte CEDERSCHIÖLD related to 2008/0090(COD)
Plenary speeches (1)
Public access to European Parliament, Council and Commission documents (debate)
Amendments (16)
Amendment 65 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The EU institutions act in their legislative capacity when adopting, on the basis of the relevant provisions of the Treaties, legally binding rules of general scope.
Amendment 66 #
Proposal for a regulation
Recital 10
Recital 10
(10) With regard to the disclosure of personal data, a clear relationship should be established between this Regulation and Regulation (EC) No 45/2001The Community institutions and bodies should treat personal data in full compliance with the rights of data subjects as defined in Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Amendment 67 #
Proposal for a regulation
Recital 12
Recital 12
(12) Wider access should be granted to documents in cases where the institutions are acting in their legislative capacity, including under delegated powers, while at the same time preserving the effectiveness of the institutions' decision-making process. Such documents should be made directly accessible to the greatest possible extentIn compliance with the democratic principles outlined in Article 6(1) of the EU Treaty and the case-law of the Court of Justice on the implementation of Regulation (EC) No 1049/2001, wider access should be granted to documents in cases where the institutions are acting in their legislative capacity, including under delegated powers. Legal texts should be drafted in a clear and understandable way1 and published in the Official Journal of the European Union. Better law-making practices, drafting models and techniques, as well as technical solutions to track the life-cycle of preparatory documents and to share them with the institutions and bodies associated in the procedure, should be agreed by the European Parliament, the Council and the Commission in accordance with this Regulation and published in the Official Journal of the European Union. ¹ Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (OJ C 73, 17.3. 1999, p. 1).
Amendment 69 #
Proposal for a regulation
Recital 17
Recital 17
(17) In principle, all documents of the institutions should be accessible to the public. However, certain public and private interests should be protected by way of exceptions. Tand relating to their activities should be registered and accessible to the public. However, without prejudice to the European Parliament's scrutiny, access to the entire document or to part of it could be denied for reasons of protection of public and private interests, as the institutions should bare entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks. In assessing the exceptions, the institutions should take account of the principles in Community legislation concerning the protection of personal data, in all areas of Union activities.
Amendment 71 #
Proposal for a regulation
Recital 18
Recital 18
(18) All rules concerning access to documents of the institutions should be in conformity with this Regulation, as it implements Article 255(2) of the EC Treaty.
Amendment 75 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Beneficiaries and scope Beneficiaries
Amendment 77 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation shall apply to all documents held by an institution, namely,that is to say documents drawn up or received by it and in its possession concerning a matter relating to the policies, activities and decisions falling within its sphere of responsibility, in all areas of activity of the European Union.
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Without prejudice to Articles 4 and 9, dDocuments shall be made accessible to the public either following a written application or directly in electronic form or through a register. In particular,in electronic form in the Official Journal of the European Union, or in an official institution's register or following a written application. The documents drawn up or received in the course of a legislative procedure shall be made directly accessible in accordance with Article 125a.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. This Regulation shall be without prejudice to enhanced rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them or by the Member States' legislation.
Amendment 87 #
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) «'document»' shall means any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) drawn-up by an institution 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(including external systems used for the institution's work) shall constitute a document or documents if ithey can be extracted in the form of aone or more printouts or electronic-format copyies using the available tools for the exploitation of the systemtools reasonably available for the exploitation of the system. An institution that intends to create a new electronic storage system, or to substantially change 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;
Amendment 92 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The institutions shall refuse access to a document where disclosure would undermine the protection of public or private interests linked to:
Amendment 96 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) legal advice and, without prejudice to the enhanced transparency required in procedures for the adoption of EU legislative acts or of non-legislative acts of general application; court, arbitration and dispute settlement proceedings;
Amendment 99 #
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) the objectivity and impartiality of selection procedures regarding public procurement or the recruitment of staff.
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. AWithout prejudice to the enhanced transparency required in procedures for the adoption of EU legislative acts or of non-legislative acts of general application, access to the following documents shall be refused if their disclosure would seriously undermine the decision-making process of the institutions:
Amendment 101 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) documents relating to a matter where the decision has not been taken, and a constructive outcome could be jeopardised by disclosure before finalisation of the documents;
Amendment 102 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The exceptions under paragraphs (2) and (3) shall apply unless there is an overriding public interest in disclosure. As regards paragraph 2(a) an overriding public interest in disclosure shall be deemed to exist where the information requested strong public interest in disclosure exists where the requested documents have been drawn up or received in the course of procedures for the adoption of EU legislative acts or of non-legislative acts of general application. When balancing the public interest in disclosure, special weight shall be given to the fact that the requested documents relates to emissions into thethe protection of fundamental rights or the right to live in a healthy environment.