8 Amendments of Marian HARKIN related to 2008/0090(COD)
Amendment 17 #
Proposal for a regulation
Recital 2
Recital 2
(2) The second subparagraph of Article 1 of the Treaty on European Union enshrines the concept of openness, stating that the Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. This is reaffirmed in Article 42 of the Charter of Fundamental of Fundamental Rights of the European Union and Declaration No 17 annexed to the Treaty of Maastricht and the Laeken Declaration, which linked improved transparency of the decision- making process to improved public access to information as set out in Article 255 of the EC Treaty, which in turn confirms the democratic nature of the institutions and the public’s confidence in the administration.
Amendment 20 #
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, 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,direct and indirect responsibility and competence in all areas of activity of the European Union.
Amendment 24 #
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) "document" 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 aconcerning a matter which falls within the institution's direct or ind iretrieval 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 systemct sphere of responsibility or competence;
Amendment 25 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory wording
Article 4 – paragraph 1 – introductory wording
1. The institutions shall refuse access to a documentAny refusal by an institution of access to a document shall take into account the principle of proportionality and shall be based exclusively on the content and timing of release of the document; the institution shall provide a justification for such refusal where disclosure would undermine the protection of the public interest as regards:
Amendment 27 #
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 the rules of transparency are complied with;
Amendment 28 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) documents containing opinions for internal use as part of deliberations and preliminary consultations within the institutions concerned, even after the decision has been taken and within a reasonable timeframe.
Amendment 30 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In the event of a total or partial refusal, where the applicant questions the reality of harm to the interest allegedly affected and/or argues that there is an overriding interest in disclosure, the applicant may call on the European Ombudsman to give his independent and objective view on the question of harm and/or overriding public interest. If, following delivery of the European Ombudsman's opinion, the total or partial refusal is upheld by the institution, the applicant may, within 15 working days of receiving the institution's reply, make a confirmatory application asking the institution to reconsider its position. , to which the institution shall be required to reply within 15 days, granting or refusing the request. Or. eenen
Amendment 31 #
Proposal for a regulation
Article 10 – paragraph 3
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 and in one of the official languages of the EU) with full regard to the applicant's preference. Access to documents shall not be limited by any software or operating system used in the institution's IT environment.