8 Amendments of Kyriacos TRIANTAPHYLLIDES related to 2008/0090(COD)
Amendment 79 #
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 institutionconcerning a matter relating to the policies, activities and decisions falling within the sphere of activity of a Union institution, body, office or agency; data contained in electronic storage, processing and retrieval systems areconstitute a documents if they can be extracted in the form of a printout or electronic-format copy using the available toolsusing any reasonably available tools for the exploitation of the system concerned. An institution, body, office or agency 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. The functions for the retrieval of information stored in electronic storage systems shall be adapted in order to satisfy repeated requests from the public which cannot be satisfied using the tools currently available for the exploitation of those system ; s;
Amendment 90 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Names, titles and functions of public office holders, civil servants and interest representatives in relation withPersonal data shall not be disclosed if such disclosure would harm the privacy or the integrity of the person concerned. Such harm shall not be deemed to be caused: - if the data relate solely to their professional activities shall be disclosedof the person concerned unless, given the particular circumstances, there is reason to assume that disclosure would adversely affect that person; - if the data relate solely to a public person unless, given the particular circumstances, there is reason to assume that disclosure would adversely affect the persons concerned. Other pat person or other persons connected with him or her; - if the data have already been published with the consent of the person concerned. Personal data shall nevertheless be disclosed in accordance with the conditions regarding lawful processing of such data laid down in EC legislationf an overriding public interest requires disclosure. In such a case, the institution, body, office or agency concerned shall be required to specify the public interest. It shall give reasons why, in the specific case, the public interest outweighs the interests onf the protection of individuals with regard to the processing of personal data. erson concerned. Where an institution, body, office or agency refuses access to a document on the basis of this paragraph, it shall consider whether it is possible to grant partial access to that document.
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 5a (new)
Article 4 – paragraph 5a (new)
5a. Information from natural or legal persons which has been provided to Union institutions, bodies, offices and agencies in confidence in the context of competition law cases. Such data shall be made public: - if the data have already been published with the consent of the person concerned; - if an overriding public interest requires disclosure.
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The exceptions as laid down in this Article shall onlynot apply for the period during which protection is justified on the basis of the content of the documentto documents transmitted in the framework of procedures leading to a legislative act or delegated or implementing act of general application. The exceptions mashall only apply for a maximum period of 30 years. In the case of documents covered by the exceptions relating to the protection of personal data or commercial interests and in the case of sensitivthe period during which protection is justified on the basis of the content of the documents, t. The exceptions may, if necessary, continue to apply after this period apply for a maximum period of 30 years.
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for access to a document shall be made in any written form, including electronic form, in one of the languages referred to in Article 314 of the EC Treaty and in a sufficiently precise manner to enable the institution to identify the document. The applicant is not obliged to state reasons for the application.
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. If an application is not sufficiently precise or if the requested documents cannot be identified, the institution shall, body, office or agency shall within 15 working days ask the applicant to clarify the application and shall assist the applicant in doing so, for example, by providing information on the use of the public registers of documents. The time limits provided for under Articles 7 and 8 shall start to run when the institution has received the requested clarifications.
Amendment 131 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The cost of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 200 A4 pages and direct access in electronic form or through the register shall be free of charge.