Activities of Anna Maria CORAZZA BILDT related to 2008/0090(COD)
Plenary speeches (1)
Public access to European Parliament, Council and Commission documents (debate)
Amendments (6)
Amendment 99 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The exceptions under paragraphs (21) andto (3) shall apply unless there is an overriding public interest in disclosure. When balancing the public interest in disclosure, special weight shall be given to the fact that the requested documents relate to the protection of fundamental rights or the right to live in a healthy environment. As regards paragraphs 2(a),(b) and (d), an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment, with the exception of investigations, in particular those concerning possible infringements of Union law. As regards the other exceptions set out in Article 4, the institution concerned must take into account the public interest served by disclosure and whether the information requested relates to emissions into the environment, if a request concerns access to environmental information.
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. An institution, body, office or agency shall refuse access to a document on the grounds of the exceptions under paragraphs (1) to (3) only where a concrete and individual assessment of the requested documents shows that there is a risk to the protected interest which is reasonably foreseeable and not purely hypothetical.
Amendment 113 #
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 justifiedto documents transmitted in the framework of procedures leading to a legislative act or delegated or implementing act of general application, unless the disclosure onf the basis of the content of the document. Tdocuments would cause manifest harm to the essential interests of the Union. Neither shall the exceptions may 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 anto documents provided to institutions, bodies, offices and agencies for the purpose of influencing policy-making by lobbyists and other interested parties. The exceptions shall only apply for the period during which protection is justified ion the cbaseis of sensitivthe 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 115 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. An institution, body, office or agency may grant privileged access to information covered by paragraphs (1) to (3) for the purpose of research. If privileged access is granted, the information should only be released subject to appropriate restrictions regarding its use.
Amendment 116 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. As regards third-party documents, the institution, body, office or agency concerned, shall consult the third party with a view to assessing whether an exception referred to in Article 4 is applicable, unless it is clear that the document shall or shall not be disclosed.
Amendment 120 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where an application concerns a document originating from a Member State, other than documents transmitted in the framework of procedures leading to a legislative act or a non-legislativedelegated or implementing act of general application, the authorities of that Member State shall 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.