10 Amendments of Rareș-Lucian NICULESCU related to 2008/0090(COD)
Amendment 89 #
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 and held 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 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 system;
Amendment 109 #
Proposal for a regulation
Article 4 paragraph 7a (new)
Article 4 paragraph 7a (new)
(7a) The exceptions as laid down in this Article shall not be interpreted as referring to information of public interest regarding the beneficiaries of European Union funds that is available within the framework of the financial transparency system.
Amendment 113 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within a maximum of 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 4 of this Article.
Amendment 114 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by a maximum of 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.
Amendment 116 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In the event of a total or partial refusal, the applicant may, within a maximum of 15 working days of receiving the institution's reply, make a confirmatory application asking the institution to reconsider its position.
Amendment 117 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A confirmatory application shall be handled promptly. Within a maximum of 30 working days from registration of such an application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the institution shall inform the applicant of the remedies open to him or her.
Amendment 118 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 1 may be extended by a maximum of 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.
Amendment 119 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. An explicit or tacit refusal by an institution employee who is responsible for applying the provisions of this Regulation shall constitute a breach and shall entail disciplinary responsibility.
Amendment 120 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a If, following the information received, the applicant requests fresh information on the institutions' documents, that request shall be dealt with as a fresh application and the reply shall be sent in accordance with Articles 7 and 8. Persons carrying out studies and research for their own purposes or for professional purposes shall have access to the documents held by authorities or institutions.
Amendment 121 #
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7a. Information that favours or conceals a violation of the law by a person or an institution may not be included in the category of sensitive documents.