Activities of Judith SARGENTINI related to 2008/0090(COD)
Plenary speeches (1)
Public access to European Parliament, Council and Commission documents (debate)
Amendments (4)
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The exceptions under paragraphs (1) to (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 enquiries of a disciplinary or criminal nature. As regards the other exceptions set out in Article 4, the institution concerned shall 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. The examination of the applicability of all the exceptions should be based on a strict three-part test to be used in order to justify a refusal to disclose a document: 1) the information contained in the document must relate to a legitimate aim listed in the legislative act concerned; 2) the disclosure of the document must threaten substantial harm to that aim; 3) the harm to that aim must be greater than the public interest in the disclosure of the information contained in the document.
Amendment 119 #
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.
Amendment 132 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. DocumentsThe institutions, bodies and offices and agencies shall make documents directly accessible to the public in electronic form or through registers, particularly those drawn up or received in the course of procedures for the adoption of EUnion legislative acts or non-legislative acts of general application which shall , subject to Articles 4 and 9, be made directly accessible to the public . With regard to documents containing environmental information such access shall be granted in accordance with Article 4 of Regulation 1367/2006.
Amendment 133 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1