Activites

• #2391
• 2001/11/29 Council Meeting
• #2362
• 2001/06/25 Council Meeting
• 2001/05/31 Final act published in Official Journal
  • Regulation 2001/1049
  • OJ L 145 31.05.2001, p. 0043
• 2001/05/30 Final act signed
• 2001/05/30 End of procedure in Parliament
• #2349
• 2001/05/28 Council Meeting
• 2001/05/28 Modified legislative proposal published
  • COM(2001)0299 summary

    Following the informal "trialogue" meeting convened to seek a compromise solution to Parliamentary amendments, the European Parliament agreed to revise substantially its initial amendments to the proposed Directive as drafted following the first reading of the co-decision procedure. Bearing in mind the negotiations and compromises reached the European Commission acknowledges the need to incorporate into its revised proposal the amendments numbered 81 to 119 adopted by Parliament at its sitting on 3 May. The more pertinent amendments now incorporated into the proposed Regulation can be summarised as follows: - Definitions. The restriction on access to documents for internal use, such as discussion documents, opinions of departments or informal messages, has now been removed. The definition of documents that currently applies will therefore remain unchanged. Documents for internal use are nevertheless protected by specific exceptions and are listed in Article 4 (3). - Nature of the exceptions. Documents may still be disclosed where the interest to be protected is overridden by the public interest in disclosure. However, where the harm likely to be caused by disclosure outweighs the interest in disclosure, the institution must refuse access. - List of exceptions. The Commission, as a compromise, agreed not to list infringement proceedings, as an overriding exception. - Protection of the "space to think". Here, a new paragraph has been included which protects documents for internal use, before a decision is taken, and documents containing opinions for use as part of deliberations and preliminary consultations within the institutions, even after a decision has been taken in some cases. - Third -party documents. Institutions may consult with third parties prior to disclosure in order to establish whether it is to be refused under one of the exceptions. The exceptions are to apply only for the period during which protection is justified - normally more than thirty years after the document was written. - Disclosure by Member State. A new paragraph seeks Member State/Institutional consultation prior to the release of a document in order not to jeopardise the objectives of the Regulation. - Applications. Replies should be forwarded within 15 working days. - Treatment of sensitive documents. Applications are to be handled only by staff entitled to acquaint themselves with such documents. Sensitive documents are to be recorded in a register or released only with the consent of the originator. - Registers, direct access and publications. The three institutions have indicated their intention of developing the dissemination of documents by electronic means. - Monitoring and follow-up measures. An inter-institutional committee is to be established dealing with follow-up and the application of the Regulation. - Compatibility with existing legislation. Other legislation effected by this Regulation will be examined to ensure it remains compatible with the objectives of the Regulation.. - Other Agencies. The provisions of the Regulation will be applicable to agencies set up by the institutions covered. Those bodies not covered by the Regulation are urged to adopt internal rules on public access compatible with the Regulation. - Compatibility with existing legislation. Other legislation effected by this Regulation will be examined to ensure it remains compatible with the objectives of the Regulation.. - Other Agencies. The provisions of the Regulation will be applicable to agencies set up by the institutions covered. Those bodies not covered by the Regulation are urged to adopt internal rules on public access compatible with the Regulation.

  • DG [{'url': 'http://ec.europa.eu/dgs/secretariat_general/index_en.htm', 'title': 'Secretariat General'}],
• 2001/05/28 Act adopted by Council after Parliament's 1st reading
• #2346
• 2001/05/14 Council Meeting
• 2001/05/03 Decision by Parliament, 1st reading/single reading
  • T5-0221/2001 summary

    The European Parliament voted by 388 votes to 87 with 12 abstentions to adopt the report by Mr Michael CASHMAN (PES, UK) on public access to documents held by the European institutions. The vote confirms the compromise agreement reached on this report. (Please refer to the previous documents).

• 2001/04/26 Additional information
• 2001/04/25 Vote in committee, 1st reading/single reading
• #2338
• 2001/03/19 Council Meeting
• 2000/11/16 Debate in Parliament
  • Debate in Parliament
  • T5-0515/2000 summary

    After voting 401 to 3 with 44 abstentions, heavily amending Commission proposal designed to improve public access to EU documents, the Parliament decided to refer the issue back to committee to enable further discussions to take place with Commission and Council with a view to securing a compromise on the amendments. Parliament want to limit the grounds for possible exceptions to just a small number of cases. (Refer to the previous document). Mr Michael CASHMAN (PES, Uk), the rapporteur, stressed the need for the proposal to be watertight and detailed as it would eventually constitute a legal text. �

• 2000/10/24 Vote in committee, 1st reading/single reading
  • A5-0318/2000
• 2000/03/13 Committee referral announced in Parliament, 1st reading/single reading
• 2000/01/26 Legislative proposal published
  • COM(2000)0030 summary

    PURPOSE: to grant citizens and residents of the Union the right of access to documents of the European Parliament, the Council and the Commission.CONTENT: in line with the provisions of Article 255 of the EC Treaty, it is provided that the Commission presents a report on the general principles and limits governing the right of access to documents of the three institutions, which must be adopted under codecision procedure within two years of the entry into force of the Amsterdam Treaty, i.e. before 01/05/2001.This proposal aims to open this right of access to every citizen in the Union without having to justify his/her interest. The legislation will cover all documents held by the three institutions, i.e. documents drawn up by them or emanating from third parties and in the possession of the institutions. The right of access will also extend to documents relating to the common foreign and security policy and police and judicial cooperation in criminal matters, as well as documents relating to activities under the ECSC and the Euratom Treaties.The proposal defines the term "document" as any form of content irrespective of the medium on which it is carried. It will cover only administrative documents, i.e. any document on a topic which falls within the institutions remit, excluding documents expressing individual opinions or reflecting free and frank discussions or the provision of advice as part of internal consultations and deliberations, as well as informal messages such as e-mail messages which can be considered as telephone conversations.Specific rules relating to access to documents or files already exist in connection with certain procedures. It is therefore important to stipulate clearly that the future rules governing the right of access to documents will not apply where specific rules already exist for certain persons who have a particular interest in information or where there are rules governing the confidentiality of certain documents. In addition, there are exceptions to the right of access and as under the present system; all the exceptions are based on a "harm test". This means that institutions shall refuse access to documents where disclosure could significantly undermine the protection of the public interest (public security, defence and international relations, financial or economic interest or the effective functioning of the institutions), the respect of privacy and the individual or even the protection of commercial and industrial secrecy.Furthermore, this proposal contains provisions on the processing of initial applications (all applications for access to a document shall be made in writing in a sufficiently precise manner), remedies and the ways of exercising the rights to access (in particular, the eventual cost of access to the person requesting the information). Specific rules are also provided relating to non-reproduction of documents for commercial purposes or other forms of economic exploitation.Moreover, it is also provided to supply an amended version of the document if one part of it is covered by one of the exceptions in the draft Regulation.Lastly, a number of final provisions are proposed, designed to: -  commit the institutions covered by the Regulation to taking the necessary steps to inform citizens of their right and to set up public registers of documents; -  remind the institutions that they must lay down in their rules of procedure specific provisions for the implementation of the general principles and limits laid down in this Regulation.It is also highly desirable that the three institutions should undertake to adopt a number of additional measures in order to ensure a consistent approach in the implementation of the new rules governing public right of access to their documents. Such measures include training and informing their staff and reviewing existing procedures for registering, filing, archiving and classifying documents.

  • DG [{'url': 'http://ec.europa.eu/dgs/secretariat_general/index_en.htm', 'title': 'Secretariat General'}],

Documents

• Legislative proposal published: COM(2000)0030
• Committee report tabled for plenary, 1st reading/single reading: A5-0318/2000
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0515/2000
• Decision by Parliament, 1st reading/single reading: T5-0221/2001
• Modified legislative proposal published: COM(2001)0299
• : Regulation 2001/1049
• : OJ L 145 31.05.2001, p. 0043

History

(these mark the time of scraping, not the official date of the change)