{"change_dates":[],"dossier":{"amendments":[{"authors":"Axel Voss","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-54","location":[["Draft legislative resolution","Paragraph 2"]],"meps":[96761],"meta":{"created":"2019-07-03T05:52:47"},"new":["deleted"],"old":["2. 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In accordance with the European Court of Justice judgment in case\n C-92/09 and joined case C-93/09, Schecke v European Commission, it is essential to ensure\n that Regulation (EC) No 45/2001 and Regulation (EC) No 1049/2001 have equal status.\n Adaptation to the Lisbon Treaty.","location":[["Proposal for a regulation","Recital 10"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:47"},"new":["(10) Union institutions, bodies, offices","and agencies should treat personal data in","full compliance with the rights of data","subjects as defined in Regulation (EC) No","45/2001 on the protection of individuals","with regard to the processing of personal","data by the Community institutions and","bodies and on the free movement of such","data."],"old":["(10) With regard to the disclosure of","personal data, a clear relationship should","be established between this Regulation and","Regulation (EC) No 45/2001 on the","protection of individuals with regard to the","processing of personal data by the","Community institutions and bodies and on","","the free movement of such data."],"orig_lang":"de","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Monica Luisa Macovei, Mariya Nedelcheva","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-61","location":[[" Proposal for a regulation","Recital 12"]],"meps":[96824],"meta":{"created":"2019-07-03T05:52:47"},"new":["(12) The right of access to documents","should be granted in cases where the","institutions are acting in their legislative","capacity, including under delegated","powers, while at the same time preserving","the effectiveness of the institutions'","decision-making process. 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Active","dissemination of documents should also be","encouraged in other fields."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-63","justification":"In accordance with the European Court of Justice judgment in case C-139/07, European\nCommission v Technische Glaswerke Ilmenau.","location":[["Proposal for a regulation","Recital 15 a (new)"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:47"},"new":["(15a) In particular, separate","arrangements should be laid down for","access to documents relating to","competition procedures, since they","contain sensitive data in respect of private","companies."],"orig_lang":"de","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Monica Luisa Macovei","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-64","location":[["Proposal for a regulation","Recital 17"]],"meps":[96824],"meta":{"created":"2019-07-03T05:52:47"},"new":["(17) All documents of the institutions","should be accessible to the public.","Exceptions to this principle should be","made to protect certain public and private","interests, but such exceptions should be","governed by a transparent system of rules","and procedures. 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In assessing the exceptions,","the institutions should take account of the","principles in Community legislation","concerning the protection of personal data,","in all areas of Union activities."],"orig_lang":"de","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-66","justification":"Adaptation to the Lisbon Treaty.","location":[["Proposal for a regulation","Recital 18"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:47"},"new":["(18) All rules concerning access to","documents of the institutions should be in","conformity with this Regulation, as it","implements Article 15(3) TFEU."],"old":["(18) All rules concerning access to","documents of the institutions should be in","conformity with this Regulation."],"orig_lang":"de","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-67","justification":"Adaptation to the Lisbon Treaty","location":[["Proposal for a regulation","Recital 23"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:48"},"new":["(23) In accordance with Article 15(3)","TFEU, each institution lays down specific","provisions regarding access to its","documents in its rules of procedure,"],"old":["(23) In accordance with Article 255(3) of","the EC Treaty, each institution lays down","specific provisions regarding access to its","documents in its rules of procedure,"],"orig_lang":"de","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-68","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 1 \u2013 point a"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:48"},"new":["(a) to define the principles, conditions and","limits on grounds of public or private","interest, pursuant to Regulation (EC) No","45/2001, governing the right of access to","European Parliament, Council and","Commission (hereinafter referred to as \u00abthe","institutions\u00bb) documents provided for in","Article 15(3) TFEU in such a way as to","grant the public the widest possible access","to such documents;"],"old":["(a) to define the principles, conditions and","limits on grounds of public or private","interest governing the right of access to","European Parliament, Council and","Commission (hereinafter referred to as \u00abthe","institutions\u00bb) documents provided for in","Article 255 of the EC Treaty in such a way","as to grant the public the widest possible","access to such documents;"],"orig_lang":"de","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Monica Luisa Macovei, Mariya Nedelcheva","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-69","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 1 \u2013 point c"]],"meps":[96824],"meta":{"created":"2019-07-03T05:52:48"},"new":["(c) to promote good administrative practice","on access to documents, and in particular","the overall goals of greater transparency,","accountability, and democracy."],"old":["(c) to promote good administrative practice","on access to documents."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-70","location":[["Proposal for a regulation","Article 2"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:48"},"new":["Beneficiaries","Any natural or legal person or any","association of legal or natural persons","shall have a right of access to documents of","the institutions, bodies, offices or agencies,","subject to the principles, conditions and","limits defined in this Regulation."],"old":["Beneficiaries and scope","1. 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This Regulation shall not apply to","documents submitted to Courts by parties","other than the institutions."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m, Sophia in 't Veld","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-74","justification":" The current Regulation covers all documents held by the three institutions. It is a basic\n principle of the Regulation. The proposal of the Commission is incompatible with this aim in\n excluding whole categories of documents outside the scope of the Regulation irrespective of\n the harm that their release might or might not cause.","location":[["Proposal for a regulation","Article 2 \u2013 paragraph 6"]],"meps":[96677,28266],"meta":{"created":"2019-07-03T05:52:48"},"new":["deleted"],"old":["6. 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Without prejudice to specific rights of","access for interested parties established by","EC law, documents forming part of the","administrative file of an investigation or of","proceedings concerning an act of","individual scope shall not be accessible to","the public until the investigation has been","closed or the act has become definitive.","Documents containing information","gathered or obtained from natural or","legal persons by an institution in the","framework of such investigations shall","not be accessible to the public."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-76","location":[[" Proposal for a regulation","Article 2 a (new)"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:48"},"new":["Article 2a","Scope","1. This Regulation shall apply to all","documents held by a Union institution,","body, office and agency, that is to say","documents drawn up or received by it and","in its possession, in all areas of activity of","the Union. This Regulation shall apply to","the Court of Justice of the European","Union, the European Central Bank and","the European Investment Bank, only in","the course of the performance of their","administrative tasks.","2. Documents shall be made accessible to","the public either in electronic form in the","Official Journal of the European Union,","or in an official register of an institution,","body, office or agency, or following a","written application. The documents drawn","up or received in the course of a","legislative procedure shall be made","directly accessible in accordance with","Article 12 of this Regulation.","3. This Regulation shall be without","prejudice to enhanced rights of public","access to documents held by the","institutions which might follow from","instruments of international law or acts of","the institutions implementing such","instruments or by the law of the Member","States."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-77","location":[["Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:48"},"new":["(a) \u00abdocument\u00bb means any content","whatever its medium (written on paper or","stored in electronic form or as a sound,","visual or audiovisual recording)","concerning a Union activity falling within","its sphere of responsibility which is drawn","up by an institution and formally","transmitted to one or more recipients or","otherwise registered, or received by an","institution, with the exception of drafts,","memoranda, information papers, minutes","of informal meetings or meetings to which","the public do not have access and which","are not intended to form part of a","document; 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;"],"old":["(a) \u00abdocument\u00bb 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 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;"],"orig_lang":"de","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-78","location":[[" Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:48"},"new":["(a) \"document\" shall mean any data,","information or content whatever its","medium (written on paper or stored in","electronic form or as a sound, visual or","audiovisual recording) concerning a","matter relating to the policies, activities","and decisions falling within the sphere of","responsibility of a Union institution, body,","office or agency; data and information","contained in electronic storage, processing","and retrieval systems, including external","systems used for the institution's work,","constitute a document. The functions for","the retrieval of information stored in","electronic storage systems shall be","adapted in order to satisfy requests from","the public. An institution, body, office or","agency that intends to create a new","electronic storage system, or to","substantially change an existing system,","shall ensure that the right of access","guaranteed by this Regulation is","guaranteed and act so as to promote the","objective of transparency."],"old":["(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","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 ;"],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Kyriacos Triantaphyllides, Cornelia Ernst","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-79","location":[["Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[28514,96852],"meta":{"created":"2019-07-03T05:52:48"},"new":["(a) \"document\" shall mean any content","whatever its medium (written on paper or","stored in electronic form or as a sound,","visual or audiovisual recording)","concerning 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 constitute a","document if they can be extracted using","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 systems;"],"old":["(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","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 ;",""],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-80","justification":" A precise definition of the term in accordance with the legal basis is needed. 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Access to the following documents shall","be refused if their disclosure would","seriously undermine the decision-making","process of the institutions:","(a) documents relating to a matter where","the decision has not been taken;","(b) documents containing opinions for","internal use as part of deliberations and","preliminary consultations within the","institutions concerned, even after the","decision has been taken ."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-91","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:49"},"new":["3. Access to the following documents shall","be refused if their disclosure would","manifestly and seriously disrupt the","decision-making process of the institutions","and only as long as the decision has not","been taken. This exception does not apply","to documents forming part of the","legislative procedure."],"old":["3. Access to the following documents shall","be refused if their disclosure would","seriously undermine the decision-making","process of the institutions:"],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-92","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:49"},"new":["3. 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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","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."],"old":["4. The exceptions under paragraphs (2) and","(3) shall apply unless there is an overriding","public interest in disclosure. As regards","paragraph 2(a) an overriding public interest","in disclosure shall be deemed to exist","where the information requested relates to","emissions into the environment."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-101","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 4"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:50"},"new":["4. The exceptions under paragraphs (2) and","(3) shall apply unless there is an overriding","public interest in disclosure. As regards","paragraph 2(a) an overriding public interest","in disclosure shall be deemed to exist","where the information requested relates to","actual emissions into the environment. For","the purposes of this Article, 'emissions'","shall mean the direct or indirect release of","substances, vibrations, heat or noise from","individual or diffuse sources in an","installation into the air, water or land, as","provided for in Council Directive","96/61/EC of 24 September 1996","concerning integrated pollution","prevention and control."],"old":["4. The exceptions under paragraphs (2) and","","(3) shall apply unless there is an overriding","public interest in disclosure. As regards","paragraph 2(a) an overriding public interest","in disclosure shall be deemed to exist","where the information requested relates to","emissions into the environment."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m, Sophia in 't Veld","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-102","justification":" The reform of the Regulation urgently needs to address the \"general presumptions of the non-\n disclosure\" applied by the Commission in recent years, and unfortunately accepted by the\n Court of Justice of the EU in its case law. Regulation 1049/2001 should establish that access\n to all documents, irrespective of their subject-matter, is to be considered on a case-by-case\n basis, assessing the actual harm that their release might cause to the protected interests.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 4 a (new)"]],"meps":[96677,28266],"meta":{"created":"2019-07-03T05:52:50"},"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 document shows that there is a","risk to the protected interest which is","reasonably foreseeable and not purely","hypothetical."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Anna Maria Corazza Bildt","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-103","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 4 a (new)"]],"meps":[96674],"meta":{"created":"2019-07-03T05:52:50"},"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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Anneli J\u00e4\u00e4tteenm\u00e4ki","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-104","justification":"Access to all the documents, irrespective of their subject-matter, should be considered on a\n\n case-by-case basis, assessing the actual harm that their release might cause to the protected\n interests.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 4 a (new)"]],"meps":[28314],"meta":{"created":"2019-07-03T05:52:50"},"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 document shows that there is a","risk to the protected interest which is","reasonably foreseeable and not purely","hypothetical."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Judith Sargentini","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-105","justification":"In order to guarantee that the main principle of right to access in the regulation is observed it\nis necessary to stress the duty to conduct a concrete examination of whether the application of\nan exception is necessary and justified. The tree-part test is recommended by non-\ngovernmental organisations such as ARTICLE 19 (\u2018The Public\u2019s Right to Know: Principles of\nFreedom of Information Legislation\u2019 1999, Transparency International (\u2018Using the Right to\ninformation as an Anti-Corruption Tool\u2019, 2006","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 4 a (new)"]],"meps":[96815],"meta":{"created":"2019-07-03T05:52:50"},"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."],"old":[""],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Kyriacos Triantaphyllides, Cornelia Ernst","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-106","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 5"]],"meps":[28514,96852],"meta":{"created":"2019-07-03T05:52:50"},"new":["5. Personal 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 the","professional activities of 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 that","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 if 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 of the person","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."],"old":["5. Names, titles and functions of public","office holders, civil servants and interest","representatives in relation with their","professional activities shall be disclosed","unless, given the particular circumstances,","disclosure would adversely affect the","persons concerned. Other personal data","shall be disclosed in accordance with the","conditions regarding lawful processing of","such data laid down in EC legislation on","the protection of individuals with regard","to the processing of personal data.",""],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Kyriacos Triantaphyllides, Cornelia Ernst","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-107","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 5a (new)"]],"meps":[28514,96852],"meta":{"created":"2019-07-03T05:52:50"},"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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-108","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 6"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:50"},"new":["6. If only parts of the requested document","are covered by any of the exceptions, the","remaining parts of the document shall be","released, unless the exception covers a","collection of documents in accordance","with paragraph 2."],"old":["6. If only parts of the requested document","are covered by any of the exceptions, the","remaining parts of the document shall be","released."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m, Sophia in 't Veld","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-109","justification":" In order for documents to be published, it should first be clarified that they per se are not\n covered by the secrecy exceptions. It would seem pertinent to include that clarification in\n Article 4(7).","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 7"]],"meps":[96677,28266],"meta":{"created":"2019-07-03T05:52:51"},"new":["7. The exceptions as laid down in this","Article shall not apply to documents","transmitted in the framework of","procedures leading to a legislative act or","delegated or implementing act of general","application, unless the disclosure of the","documents would cause manifest harm to","the essential interests of the Union.","Neither shall the exceptions apply to","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 on the","basis of the content of the document. The","exceptions may apply for a maximum","period of 30 years."],"old":["7. The exceptions as laid down in this","Article shall only apply for the period","during which protection is justified on the","basis of the content of the document. 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 and in the case of","sensitive documents, the exceptions may,","if necessary, continue to apply after this","period."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-110","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 7"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:51"},"new":["7. The exceptions as laid down in this","Article shall not apply to documents","transmitted in the framework of","procedures leading to a legislative act or","delegated or implementing act of general","application, or to documents relating to","the implementation of Union acts and","policies or use and beneficiaries of Union","funds. The exceptions may apply only for","as long as is justified by the content of the","document and in any event for a","maximum period of 30 years. At each","request and in any event at regular","intervals, the applicability of the exception","shall be reviewed."],"old":["7. The exceptions as laid down in this","Article shall only apply for the period","during which protection is justified on the","basis of the content of the document. 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 and in the case of","sensitive documents, the exceptions may,","if necessary, continue to apply after this","period."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Kyriacos Triantaphyllides, Cornelia Ernst","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-111","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 7"]],"meps":[28514,96852],"meta":{"created":"2019-07-03T05:52:51"},"new":["7. The exceptions as laid down in this","Article shall not apply to documents","transmitted in the framework of","procedures leading to a legislative act or","delegated or implementing act of general","application. The exceptions shall only","apply for the period during which","protection is justified on the basis of the","content of the document. The exceptions","may apply for a maximum period of 30","years."],"old":["7. The exceptions as laid down in this","Article shall only apply for the period","","during which protection is justified on the","basis of the content of the document. 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 and in the case of","sensitive documents, the exceptions may,","if necessary, continue to apply after this","period."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Renate Sommer","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-112","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 7"]],"meps":[4282],"meta":{"created":"2019-07-03T05:52:51"},"new":["7. The exceptions as laid down in this","Article shall only apply for the period","during which protection is justified on the","basis of the content of the document. The","exceptions may apply for a maximum","period of 30 years, unless there are over-","riding data privacy or commercial interests","reasons for continued protection."],"old":["7. The exceptions as laid down in this","Article shall only apply for the period","during which protection is justified on the","basis of the content of the document. 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 and in the case of","sensitive documents, the exceptions may,","if necessary, continue to apply after this","period."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Anna Maria Corazza Bildt","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-113","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 7"]],"meps":[96674],"meta":{"created":"2019-07-03T05:52:51"},"new":["7. The exceptions as laid down in this","Article shall not apply to documents","transmitted in the framework of","procedures leading to a legislative act or","delegated or implementing act of general","application, unless the disclosure of the","documents would cause manifest harm to","the essential interests of the Union.","Neither shall the exceptions apply to","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 on the","basis of the content of the document. The","exceptions may apply for a maximum","period of 30 years."],"old":["7. The exceptions as laid down in this","Article shall only apply for the period","during which protection is justified on the","basis of the content of the document. 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 and in the case of","sensitive documents, the exceptions may,","if necessary, continue to apply after this","period."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m, Sophia in 't Veld","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-114","justification":"The idea is to give primarily academics an opportunity to have access to information which\nwould otherwise be inaccessible, but that they must accept appropriate restrictions as to how\nthe information can be used. In giving academics a privileged access, we improve the\npossibilities to scrutinise and debate the European decision-making process, thereby\nincreasing not only transparency but also public participation in the democratic life of the\nEU.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 7 a (new)"]],"meps":[96677,28266],"meta":{"created":"2019-07-03T05:52:51"},"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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Anna Maria Corazza Bildt","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-115","justification":"The proposal introduces a privileged right to access to information, where the use of the\ninformation is to be restricted. The idea is to give primarily academics an opportunity to have\naccess to information which would otherwise be inaccessible, but that they, in order to get the\ninformation, must accept appropriate restrictions as to how the information can be used. In\ngiving academics a privileged access, we improve the possibilities to scrutinise and debate\nthe European decision-making process, thereby increasing not only transparency but also\npublic participation in the democratic life of the EU","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 7 a (new)"]],"meps":[96674],"meta":{"created":"2019-07-03T05:52:51"},"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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Anna Maria Corazza Bildt","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-116","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 1"]],"meps":[96674],"meta":{"created":"2019-07-03T05:52:51"},"new":["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."],"old":["1. As regards third-party documents, the","institution 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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m, Sophia in 't Veld","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-117","justification":" Documents are to be disclosed unless the information is covered by an exception in Article 4.\n If access could be refused on the basis of provisions in national legislations, it would make\n\nthe legislative system for access to EU documents incomprehensible to the citizens and it\nwould, in practice, give the Member States a right of veto against access to documents\noriginating from them. This could be further clarified by deleting the reference to national\nlegislation.","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[96677,28266],"meta":{"created":"2019-07-03T05:52:51"},"new":["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 delegated 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. The institution","shall appreciate the adequacy of reasons","given by the Member State."],"old":["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-legislative 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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"117","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-118","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:51"},"new":["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 delegated or","implementing act of general application,","the authorities of that Member State shall","be consulted in case of doubt as to","whether the document could be covered","by one of the exceptions. 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. The institution","shall appreciate the adequacy of reasons","given by the Member State and take a","decision on the basis of its own judgment","as to whether the exceptions cover the","document concerned. This Article shall","not apply to documents relating to the","implementation of Union acts or policies","or of use and beneficiaries of Union","funds, or to documents of Member States","acting in their capacity as members of the","Council."],"old":["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-legislative 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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Judith Sargentini","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-119","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[96815],"meta":{"created":"2019-07-03T05:52:51"},"new":["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 delegated 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. The institution","shall appreciate the adequacy of reasons","given by the Member State."],"old":["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-legislative 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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Anna Maria Corazza Bildt","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-120","justification":"Documents are to be disclosed unless the information is covered by an exception in Article 4.\nThis has been confirmed by the Court of Justice of the European Union. If access could be\nrefused on the basis of provisions in national legislations, it would make the legislative system\nfor access to EU documents incomprehensible to the citizens and it would, in practice, give\nthe Member States a right of veto against access to documents originating from them. This\ncould be further clarified if the reference to national legislation were to be deleted.","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[96674],"meta":{"created":"2019-07-03T05:52:51"},"new":["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 delegated 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. The institution","shall appreciate the adequacy of reasons","given by the Member State."],"old":["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-legislative 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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Anneli J\u00e4\u00e4tteenm\u00e4ki","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-121","justification":"In its case-law, the Court has confirmed that Member States have no veto-right over\n\n\n documents originating from them and must justify their possible refusal with reference to the\n grounds established in the Regulation, the adequacy of which the institution must assess. The\n wording proposed by the Commission would effectively re-constitute the Member State veto\n by enabling the Member State to refer to provisions of its national legislation, something that\n would not be assessed by the institution. In consequence, the references to national legislation\n shall be deleted. The institutions must assess the adequacy of all the reasons given by the\n Member State.","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 3"]],"meps":[28314],"meta":{"created":"2019-07-03T05:52:51"},"new":["3. 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 delegated 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. The institution","shall appreciate the adequacy of reasons","given by the Member State."],"old":["3. Where a Member State receives a","request for a document in its possession,","which originates from an institution,","unless it is clear that the document shall or","shall not be disclosed, the Member State","shall consult with the institution","concerned in order to take a decision that","does not jeopardise the objectives of this","Regulation. The Member State may","instead refer the request to the institution."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-122","location":[[" Proposal for a regulation","Article 5 a (new)"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:51"},"new":["Article 5a","Legislative acts","1. In compliance with the democratic","principles outlined in Articles 9 to 12 TEU","and with the case-law of the Court of","Justice, institutions acting in their","legislative capacity, including under","delegated and implementing powers, shall","grant the widest possible access to","documents relating to their activities.","2. Documents relating to legislative","programmes, preliminary civil society","consultations, impact assessments and","any other preparatory documents, as well","as documents relating to the","implementation of Union law and policies","linked to a legislative procedure shall be","accessible on a user-friendly and","coordinated interinstitutional site and","published in a special electronic series of","the Official Journal of the European","Union.","3. During the legislative procedure, each","institution, body, office or agency","associated in the decision-making process","shall publish its preparatory documents","and all related information, including","legal opinions, in a special series of the","Official Journal of the European Union","as well on a common Internet site","reproducing the lifecycle of the procedure","concerned.","4. Once adopted, legislative acts shall be","published in the Official Journal of the","European Union as provided for by","Article 13."],"old":[""],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"122","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Kyriacos Triantaphyllides, Cornelia Ernst","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-123","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1"]],"meps":[28514,96852],"meta":{"created":"2019-07-03T05:52:52"},"new":["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. The applicant is not obliged to","state reasons for the application."],"old":["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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong, Kyriacos Triantaphyllides, Cornelia Ernst","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-124","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 2"]],"meps":[28514,96852],"meta":{"created":"2019-07-03T05:52:52"},"new":["2. If an application is not sufficiently","precise or if the requested documents","cannot be identified, the institution, 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."],"old":["2. If an application is not sufficiently","precise or if the requested documents","cannot be identified, the institution shall","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."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-125","location":[[" Proposal for a regulation","Article 7 \u2013 paragraph 2"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:52"},"new":["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 only once for","a maximum period of 15 working days,","provided that the applicant is notified in","advance and that detailed reasons are","given."],"old":["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 15","working days, provided that the applicant","is notified in advance and that detailed","reasons are given."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-126","location":[[" Proposal for a regulation","Article 8 \u2013 paragraph 2"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:52"},"new":["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 only once for","a maximum period of 15 working days,","provided that the applicant is notified in","advance and that detailed reasons are","given."],"old":["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 15","working days, provided that the applicant","is notified in advance and that detailed","","reasons are given."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-127","location":[["Proposal for a regulation","Article 8 \u2013 paragraph 4"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:52"},"new":["4. Failure by the institution to reply within","the prescribed time limit shall be","considered as a positive reply and shall","entitle the applicant to have access to the","document."],"old":["4. Failure by the institution to reply within","the prescribed time limit shall be","considered as a negative reply and shall","entitle the applicant to institute court","proceedings against the institution and/or","make a complaint to the Ombudsman,","under the relevant provisions of the EC","Treaty."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Monica Luisa Macovei, Mariya Nedelcheva","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-128","location":[["Proposal for a regulation","Article 9 \u2013 paragraph 4"]],"meps":[96824],"meta":{"created":"2019-07-03T05:52:52"},"new":["4. An institution which decides to refuse","access to a sensitive document shall give","the reasons for its decision in a manner","complying to the fullest extent possible","with the right of access as provided for in","Art. 15(3) TFEU and does not harm the","interests protected in Article 4."],"old":["4. An institution which decides to refuse","access to a sensitive document shall give","the reasons for its decision in a manner","which does not harm the interests protected","in Article 4."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Monica Luisa Macovei, Mariya Nedelcheva","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-129","location":[[" Proposal for a regulation","Article 9 \u2013 paragraph 5"]],"meps":[96824],"meta":{"created":"2019-07-03T05:52:52"},"new":["5. Member States shall take appropriate","measures to ensure that when handling","applications for sensitive documents the","principles in this Article and Articles 3 and","4 are respected."],"old":["5. Member States shall take appropriate","measures to ensure that when handling","applications for sensitive documents the","principles in this Article and Article 4 are","respected."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-130","location":[[" Proposal for a regulation","Article 10 \u2013 paragraph 3 a (new)"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:52"},"new":["3a. The content of a document shall be","available without discrimination on the","grounds of visual impairment, working","language or operating system platform.","Institutions shall provide for actual access","by an applicant to the content of","documents without technical","discrimination."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong, Kyriacos Triantaphyllides, Cornelia Ernst","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-131","location":[[" Proposal for a regulation","Article 10 \u2013 paragraph 4"]],"meps":[28514,96852],"meta":{"created":"2019-07-03T05:52:52"},"new":["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."],"old":["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 20 A4 pages and direct access in","electronic form or through the register shall","be free of charge."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Judith Sargentini","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-132","location":[["Proposal for a regulation","Article 12 \u2013 paragraph 1"]],"meps":[96815],"meta":{"created":"2019-07-03T05:52:52"},"new":["1. The 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 Union","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."],"old":["1. Documents drawn up or received in the","course of procedures for the adoption of","EU legislative acts or non-legislative acts","of general application shall , subject to","Articles 4 and 9, be made directly","accessible to the public ."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Judith Sargentini","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-133","location":[["Proposal for a regulation","Article 15 \u2013 paragraph 1"]],"meps":[96815],"meta":{"created":"2019-07-03T05:52:52"},"new":["deleted"],"old":["1. The institutions shall develop good","","administrative practices in order to","facilitate the exercise of the right of","access guaranteed by this Regulation."],"orig_lang":"en","peid":"PE473.900v02-00","reference":"2008/0090(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-473.900+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sonia Alfano","changes":{},"committee":["LIBE"],"date":"2011-10-18T00:00:00","id":"PE473.900-134","location":[[" Proposal for a regulation","Article 15 \u2013 paragraph 2 a (new)"]],"meps":[97086],"meta":{"created":"2019-07-03T05:52:52"},"new":["2a. 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However, without prejudice to the","European Parliament\u2019s scrutiny, access to","the entire document or to part of it could","be denied for reasons of protection of","public and private interests, as the","institutions are entitled to protect their","internal consultations and deliberations","where necessary to safeguard their ability","to carry out their tasks."],"old":["(17 ) In principle, all documents of the","institutions should be accessible to the","public. However, certain public and","private interests should be protected by","way of exceptions. The institutions should","be entitled to protect their internal","consultations and deliberations where","necessary to safeguard their ability to carry","out their tasks. In assessing the","exceptions, the institutions should take","account of the principles in Community","legislation concerning the protection of","personal data, in all areas of Union","activities."],"orig_lang":"fr","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"11","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Constance Le Grip","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-12","location":[[" Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[101580],"meta":{"created":"2019-07-03T05:53:59"},"new":["a) \u00abdocument\u00bb means any content,","whatever its medium (written on paper or","stored in electronic form or as a sound,","visual or audiovisual recording), drawn up","on behalf of an institution and formally","transmitted to one or more recipients or","otherwise registered or received by an","institution and concerning a matter which","falls within the European Union\u2019s sphere","of responsibility; 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;"],"old":["a) \u00abdocument\u00bb 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 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;"],"orig_lang":"fr","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"12","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Constance Le Grip","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-13","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[101580],"meta":{"created":"2019-07-03T05:53:59"},"new":["2. The institutions shall refuse access to a","document where disclosure would","undermine the protection of public or","private interests as provided for in","Regulation (EC) No 45/2001, in respect","of:"],"old":["2. The institutions shall refuse access to a","document where disclosure would","undermine the protection of:"],"orig_lang":"fr","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"13","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Constance Le Grip","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-14","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point a"]],"meps":[101580],"meta":{"created":"2019-07-03T05:53:59"},"new":["a) documents relating to a matter where the","decision has not been taken when","disclosure could influence the outcome of","that decision;"],"old":["a) documents relating to a matter where the","decision has not been taken;"],"orig_lang":"fr","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"14","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Enrique Guerrero Salom","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-15","justification":" \u2018The environment\u2019 needs to be included. Living in a healthy environment is not the same as\n respecting the environment.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 4"]],"meps":[96768],"meta":{"created":"2019-07-03T05:53:59"},"new":["4. The exceptions under paragraph 2 shall","apply unless there is an overriding public","interest in disclosure. When assessing the","public interest in disclosure, special weight","shall be given to the fact that the","documents requested relate to the","protection of fundamental rights and of","the environment, or to the right to live in a","healthy environment."],"old":["4. The exceptions under paragraphs (2)","and (3) shall apply unless there is an","overriding public interest in disclosure. As","regards paragraph 2(a) an overriding","public interest in disclosure shall be","deemed to exist where the information","requested relates to emissions into the","environment."],"orig_lang":"es","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"15","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Constance Le Grip","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-16","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 4"]],"meps":[101580],"meta":{"created":"2019-07-03T05:53:59"},"new":["4. The exceptions under paragraphs (2) and","(3) shall apply unless there is an overriding","public interest in disclosure. An overriding","public interest in disclosure exists where","the documents requested have been drawn","up or received in the course of procedures","for the adoption of EU legislative acts or","of non-legislative acts of general","application. In assessing the public","interest in disclosure, particular","importance shall be placed on the fact","that the documents requested relate to","fundamental rights or the right to live in a","healthy environment."],"old":["4. The exceptions under paragraphs (2) and","(3) shall apply unless there is an overriding","public interest in disclosure. As regards","paragraph 2(a) an overriding public","interest in disclosure shall be deemed to","exist where the information requested","relates to emissions into the environment.",""],"orig_lang":"fr","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Anneli J\u00e4\u00e4tteenm\u00e4ki","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-17","justification":" The Commission proposal does not do justice to the need for a right balance between the\n fundamental rights at stake.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 5"]],"meps":[28314],"meta":{"created":"2019-07-03T05:53:59"},"new":["5. Personal data shall not be disclosed if","such disclosure would harm the privacy","or the integrity of the person concerned.","Such harm does not arise:","\u2013 if the data relate solely to the","professional activities of the person","concerned unless, given the particular","circumstances, there is reason to assume","that disclosure would adversely affect that","person;","\u2013 if the data relate solely to a public","person unless, given the particular","circumstances, there is reason to assume","that disclosure would adversely affect that","person or other persons related to him or","her;","\u2013 if the data have already been published","with the consent of the person concerned.","Personal data shall nevertheless be","disclosed if an overriding public interest","requires disclosure. In such cases, the","institution, body, office or agency shall be","required to specify the public interest. It","shall give reasons why, in the specific","case, the public interest outweighs the","interests of the person concerned.","Where an institution, body, office or","agency refuses access to a document on","the basis of this paragraph, it shall","consider whether partial access to that","document is possible."],"old":["5. Names, titles and functions of public","office holders, civil servants and interest","representatives in relation with their","professional activities shall be disclosed","unless, given the particular","circumstances, disclosure would adversely","affect the persons concerned. Other","personal data shall be disclosed in","accordance with the conditions regarding","lawful processing of such data laid down","in EC legislation on the protection of","individuals with regard to the processing","of personal data.",""],"orig_lang":"en","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"17","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Enrique Guerrero Salom","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-18","justification":" Aclaraci\u00f3n lingu\u00edstica: \"En el momento de entregar el documento\" hay una falta de\n clarificaci\u00f3n ling\u00fc\u00edstica.\u00bfSe refiere a \"el momento en que el tercero entrega el documento a\n las instituciones, \u00f3rganos u organismos\"? \u00bfo a \"el momento en que las instituciones, \u00f3rganos\n\nu organismos entregan el documento del tercero al solicitante\".\n\nSi se trata del primer caso, el momento en que el tercero entrega el documento a las\ninstituciones, \u00f3rganos u organismos, se necesita una aclaraci\u00f3n ling\u00fc\u00edstica en la enmienda de\nCashman,\n\nSi se trata del segundo caso, el momento en que las instituciones, \u00f3rganos u organismos\nentregan el documento del tercero al solicitante, se opta por cambiar la frase de la enmienda\na \"si en el momento de pedirlo el documento al solicitante, \u00e9stos [los terceros] han\nsolicitado que sea tratado de una manera espec\u00edfica\". La idea es que si se hace en el\nmomento de entregarlo, la instituci\u00f3n pierde legitimidad. Es un acto expost, despu\u00e9s de que la\ninstituci\u00f3n, \u00f3rgano u organismo haya autorizado la entrega del documento, si el tercero pide\nque se aplique una de las excepciones, entonces el acto perder\u00eda legitimidad. Por ello, es\nmejor que el tercero se pronuncie antes de la entrega del documento; es decir, cuando \u00e9ste se\npida.","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 1"]],"meps":[96768],"meta":{"created":"2019-07-03T05:53:59"},"new":["1. As regards third-party documents, they","must be disclosed by the institutions,","bodies or offices. There shall be no","requirement to consult the originator if it","is clear that one of the exceptions","provided for in this Regulation is","applicable. A third party shall be","consulted if that party has requested,","when handing in the document, that it be","treated in a specific way, with a view to","assessing whether an exception provided","for in this Regulation is applicable."],"old":["1. As regards third-party documents, the","institution 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."],"orig_lang":"es","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"18","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Enrique Guerrero Salom","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-19","justification":"The Ombudsman recommended that an information officer be appointed to ensure that time-\nlimits are met.","location":[["Proposal for a regulation","Article 7 \u2013 paragraph 4 a (new)"]],"meps":[96768],"meta":{"created":"2019-07-03T05:53:59"},"new":["4a. Each institution shall nominate a","person responsible for checking that all","the time-limits laid down in this Article","are duly met."],"orig_lang":"es","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"19","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Constance Le Grip","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-20","location":[[" Proposal for a regulation","Article 8 a (new)"]],"meps":[101580],"meta":{"created":"2019-07-03T05:53:59"},"new":["Article 8a","Fresh applications","If, after receiving the information, the","applicant requests further documents","from the institutions, that request shall be","dealt with as a fresh application in","accordance with Articles 7 and 8."],"old":["",""],"orig_lang":"fr","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"20","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Enrique Guerrero Salom","changes":{},"committee":["AFCO"],"date":"2010-09-03T00:00:00","id":"PE445.988-21","justification":" To guarantee quick and most effective access to documents it is necessary to provide them in\n electronic form. Addition: \u2018and to the other institutions in keeping with the principle of\n\nsincere cooperation\u2019. To \u2018the public\u2019 seems insufficient. It seems reasonable to include\nMr Cashman\u2019s amendment, incorporating this minor change.","location":[[" Proposal for a regulation","Article 12 \u2013 paragraph 1"]],"meps":[96768],"meta":{"created":"2019-07-03T05:53:59"},"new":["1. The institutions, bodies or offices shall","make documents directly accessible to the","public and to the other institutions in","keeping with the principle of sincere","cooperation, in electronic form or","through registers, particularly those","documents drawn up or received in the","course of procedures for the adoption of","European Union legislative acts or non-","legislative acts of general application."],"old":["1. Documents drawn up or received in the","course of procedures for the adoption of","EU legislative acts or non-legislative acts","of general application shall, subject to","Articles 4 and 9, be made directly","accessible to the public."],"orig_lang":"es","peid":"PE445.988v01-00","reference":"2008/0090(COD)","seq":"21","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-445.988+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-14","justification":" In line with Article 15(3) TFEU. Clarifies that the beneficiaries and the scope of the\n Regulation are different issues, which preferably should be laid down separately.","location":[["Proposal for a regulation","Article 2"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["Beneficiaries and scope Beneficiaries","Any natural or legal person or any","association of legal or natural persons","shall have a right of access to documents of","the institutions, subject to the principles,","conditions and limits defined in this","Regulation."],"old":["1. Any natural or legal person shall have a","right of access to documents of the","institutions, subject to the principles,","conditions and limits defined in this","Regulation.","2. This Regulation shall apply to all","documents held by an institution, namely,","documents drawn up or received by it and","in its possession concerning a matter","relating to the policies, activities and","decisions falling within its sphere of","responsibility, in all areas of activity of","the European Union.","3. Without prejudice to Articles 4 and 9,","documents shall be made accessible to the","public either following a written","application or directly in electronic form","or through a register. In particular,","documents drawn up or received in the","course of a legislative procedure shall be","made directly accessible in accordance","with Article 12.","4. Sensitive documents as defined in","Article 9(1) shall be subject to special","treatment in accordance with that Article.","5. This Regulation shall not apply to","documents submitted to Courts by parties","other than the institutions.","6. Without prejudice to specific rights of","access for interested parties established by","EC law, documents forming part of the","administrative file of an investigation or","of proceedings concerning an act of","individual scope shall not be accessible to","","the public until the investigation has been","closed or the act has become definitive.","Documents containing information","gathered or obtained from natural or","legal persons by an institution in the","framework of such investigations shall","not be accessible to the public.","7. This Regulation shall be without","prejudice to rights of public access to","documents held by the institutions which","might follow from instruments of","international law or acts of the","institutions implementing them."],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"14","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-15","justification":"See above. Clarifies that the proposed act presents a general framework for all EU\ninstitutions, agencies and bodies.","location":[[" Proposal for a regulation","Article 2 a (new)"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["Article 2a","Scope","1. This Regulation shall apply to all","documents held by a European Union","institution, agency, office or body, that is","to say documents drawn up or received by","it and in its possession, in all areas of","activity of the Union.","2. Documents shall be made accessible to","the public either in electronic form in the","Official Journal of the European Union,","or in an institution's official register or","following a written application. The","documents drawn up or received in the","course of a legislative procedure shall be","made directly accessible in accordance","with Article 12.","3. This Regulation shall be without","prejudice to enhanced rights of public","access to documents held by the","institutions, agencies, offices or bodies","which might follow from instruments of","international law or acts of the","institutions implementing them or from","the Member States' legislation."],"old":[""],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"15","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-16","justification":" The proposed formulation takes into account the growing importance of electronic storage of\n data, which should not be used as a means to circumvent public access to information which\n earlier would have been contained in ordinary documents.","location":[["Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["(a) \"document\" shall mean any data or","content whatever its medium (written on","paper or stored in electronic form or as a","sound, visual or audiovisual recording)","concerning a matter relating to the","policies, activities and decisions falling","within the institution's sphere of","responsibility; information contained in","electronic storage, processing and retrieval","systems (including external systems used","for the institution's work) shall constitute","a document or documents if it can be","extracted in the form of one or more","printouts or electronic-format copies using","any reasonably available tools for the","exploitation of the system. An institution","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 by the","institutions 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","the system;"],"old":["(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","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;",""],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-17","justification":" The concept internal public security is not in need of a new EU definition.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point a"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["(a) the internal public security of the","European Union or of one or more of its","Member States;"],"old":["(a) public security including the safety of","natural or legal persons;"],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"17","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-18","justification":"The European Court of Justice in its judgement in the Turco case stated that disclosure of\nlegal advice in legislative initiatives increases the transparency and openness of the\nlegislative process and strengthens the democratic rights of European citizens.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 2 \u2013 point c"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["(c) legal advice dealing with court","proceedings;"],"old":["(c) legal advice and court, arbitration and","dispute settlement proceedings;"],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"18","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-19","justification":"The Regulation must make clear that the exception only concerns ongoing procedures.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 2 \u2013 point e"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["(e) the objectivity and impartiality of","public procurement procedures until a","decision has been taken by the","contracting institution, or of a selection","board in proceedings leading to the","recruitment of staff until a decision has","been taken by the appointing authority."],"old":["(e) the objectivity and impartiality of","selection procedures."],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"19","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-20","justification":" The respect for fundamental rights is a cornerstone of the EU and living in a healthy\n environment is a right which has been laid down in Article 37 of the Charter of Fundamental\n Rights and in Article 1 of the Aarhus Convention.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 4"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["4. The exceptions under paragraph (2)","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."],"old":["4. The exceptions under paragraphs (2)","and (3) shall apply unless there is an","overriding public interest in disclosure. As","regards paragraph 2(a) an overriding","public interest in disclosure shall be","deemed to exist where the information","requested relates to emissions into the","environment."],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"20","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-21","justification":"In line with the recommendations of the European Data Protection Supervisor.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 5"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["5. Personal data shall not be disclosed if","such disclosure would harm the privacy","or the integrity of the person concerned.","Such harm shall be deemed not to arise:","\u2013 if the data relate solely to the","professional activities of the person","concerned unless, given the particular","circumstances, there is reason to assume","that disclosure would adversely affect that","person;","\u2013 if the data relate solely to a public","person unless, given the particular","circumstances, there is reason to assume","that disclosure would adversely affect that","person or other persons related to him or","her;","\u2013 if the data have already been published","with the consent of the person concerned.","Personal data shall nevertheless be","disclosed if an overriding public interest","requires disclosure. In those cases, the","institution or body shall be required to","specify the public interest. It shall give","reasons why, in the specific case, the","public interest outweighs the interests of","the person concerned."],"old":["5. Names, titles and functions of public","office holders, civil servants and interest","representatives in relation with their","professional activities shall be disclosed","unless, given the particular","circumstances, disclosure would adversely","affect the persons concerned. Other","personal data shall be disclosed in","accordance with the conditions regarding","lawful processing of such data laid down","in EC legislation on the protection of","individuals with regard to the processing","","","of personal data.",""],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"21","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"\u00c1gnes Hankiss","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-22","justification":" Wording should be in line with the recent ruling of the ECJ in the Bavarian Lager case (C-\n 28/08P). Making future access to newly drafted documents should be made easier.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 5"]],"meps":[96707],"meta":{"created":"2019-07-03T05:55:54"},"new":["5. Names, titles and functions of public","office holders, civil servants and interest","representatives in relation with their","professional activities shall be disclosed","solely with the consent of the originator,","unless, given the particular circumstances,","disclosure would adversely affect the","privacy and integrity of the persons","concerned. Other personal data shall be","disclosed in accordance with the conditions","regarding lawful processing of such data","laid down in Union legislation on the","protection of individuals with regard to the","processing of personal data.","Consent shall be requested from public","office holders, civil servants and interest","representatives prior to having their","names, titles and functions included in a","document.","Where an institution, body, office or","agency refuses access to a document on","the basis of paragraph 1, it shall consider","whether partial access to that document is","possible."],"old":["5. Names, titles and functions of public","office holders, civil servants and interest","representatives in relation with their","professional activities shall be disclosed","unless, given the particular circumstances,","","disclosure would adversely affect the","persons concerned. Other personal data","shall be disclosed in accordance with the","conditions regarding lawful processing of","such data laid down in EC legislation on","the protection of individuals with regard to","the processing of personal data.",""],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"22","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-23","justification":"Takes into account the Turco judgement, which emphasises the importance of transparency in\nthe legislative procedure as a pre-requisite for democracy.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 7"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["7. The exceptions laid down in this Article","shall not apply to documents transmitted","in the context of procedures leading to the","adoption of a legislative act or a non-","legislative act of general application. The","exceptions shall only apply for the period","during which protection is justified on the","basis of the content of the document. The","exceptions may apply for a maximum","period of 30 years."],"old":["7. The exceptions as laid down in this","Article shall only apply for the period","during which protection is justified on the","basis of the content of the document. 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 and in the case of","","","sensitive documents, the exceptions may,","if necessary, continue to apply after this","period."],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"23","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-24","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 1"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:54"},"new":["Consultations","1. Third-party documents shall be","disclosed by the institutions without","consulting the originator if it is clear that","none of the exceptions laid down in this","Regulation is applicable. A third party","shall be consulted if, when submitting the","document, that party has requested that it","be treated in a specific way, with a view to","assessing whether an exception provided","for in this Regulation is applicable.","Documents provided to institutions for the","purpose of influencing policy-making","shall be made public."],"old":["Consultations","1. As regards third-party documents, the","institution 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."],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"24","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-25","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:55"},"new":["2. Where an application concerns a","document originating from a Member","State:","\u2013 which has not been transmitted by that","Member State in its capacity as a member","of the Council, or","\u2013 which does not concern information","submitted to the Commission concerning","the implementation of EU policies and","legislation,","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 in equivalent","provisions in its own legislation or objects","on the basis of Article 346 (1)(a) TFEU","that the disclosure would be contrary to its","essential security interests. The institution","shall assess the adequacy of reasons given","by the Member State."],"old":["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-legislative 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."],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"25","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Margrete Auken","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-26","justification":"In line with the judgement by the European Court of Justice in the IFAW case, which clarified\nthat Member States neither have a right of veto concerning documents originating from them\nnor - with the exception of national security - the right to invoke national provisions, unless\nthese are equal in substance to the exceptions in this Regulation.","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 3"]],"meps":[28161],"meta":{"created":"2019-07-03T05:55:55"},"new":["3. Without prejudice to national","parliamentary scrutiny, where a Member","State receives a request for a document in","its possession, which originates from an","institution, unless it is clear that the","document shall or shall not be disclosed,","the Member State shall consult with the","institution concerned in order to take a","decision that does not jeopardise the","objectives of this Regulation. The Member","State may instead refer the request to the","institution."],"old":["3. Where a Member State receives a","request for a document in its possession,","which originates from an institution, unless","it is clear that the document shall or shall","not be disclosed, the Member State shall","consult with the institution concerned in","order to take a decision that does not","jeopardise the objectives of this","Regulation. The Member State may instead","refer the request to the institution."],"orig_lang":"en","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"26","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Angelika Werthmann","changes":{},"committee":["PETI"],"date":"2010-11-12T00:00:00","id":"PE452.759-27","location":[["Proposal for a regulation","Article 11 \u2013 paragraph 3"]],"meps":[97016],"meta":{"created":"2019-07-03T05:55:55"},"new":["3. The institutions shall immediately take","the measures necessary to establish a","common interface for the institutional","registers in order to ensure coordination","between the registers."],"old":["3. The institutions shall immediately take","the measures necessary to establish a","register which shall be operational by 3","June 2002."],"orig_lang":"de","peid":"PE452.759v01-00","reference":"2008/0090(COD)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-452.759+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Michael Cashman","changes":{},"committee":["LIBE"],"compromise":["Compromise amendment replacing Amendment 73"],"date":"2009-02-12T00:00:00","id":"PE420.114-1","location":[["Proposal for a regulation","Recital 22 a (new)"]],"meps":[4532],"meta":{"created":"2020-01-20T00:07:20"},"new":["(22a) By way of a complementary","measure to this Regulation, the","Commission should propose an","instrument, to be adopted by the","European Parliament and the Council, on","common rules governing the re-use of","information and documents held by the","institutions which implements, mutatis","mutandis, the principles outlined in","Directive 2003/98/EC of the European","Parliament and of the Council of 17","November 2003 on the re-use of public-","sector information."],"orig_lang":"en","peid":"PE420.114v01-00","reference":"2008/0090(COD)","seq":"1","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.114+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Michael Cashman","changes":{},"committee":["LIBE"],"compromise":["Compromise amendment replacing Amendment 82"],"date":"2009-02-12T00:00:00","id":"PE420.114-2","location":[["Proposal for a regulation","Article 2 \u2013 paragraph 6"]],"meps":[4532],"meta":{"created":"2020-01-20T00:07:21"},"new":["deleted"],"old":["6. Without prejudice to specific rights of","access for interested parties established by","EC law, documents forming part of the","administrative file of an investigation or","of proceedings concerning an act of","individual scope shall not be accessible to","the public until the investigation has been","closed or the act has become definitive.","Documents containing information","gathered or obtained from natural or","","","legal persons by an institution in the","framework of such investigations shall","not be accessible to the public."],"orig_lang":"en","peid":"PE420.114v01-00","reference":"2008/0090(COD)","seq":"2","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.114+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Michael Cashman","changes":{},"committee":["LIBE"],"compromise":[" Compromise amendment replacing Amendments 85, 86, 87 and AFCO 2"],"date":"2009-02-12T00:00:00","id":"PE420.114-3","location":[[" Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[4532],"meta":{"created":"2020-01-20T00:07:21"},"new":["(a) \u00abdocument\u00bb shall mean any data or","content whatever its medium (written on","paper or stored in electronic form or as a","sound, visual or audiovisual recording)","concerning a matter relating to the","policies, activities and decisions falling","within the institution's sphere of","responsibility; information contained in","electronic storage, processing and retrieval","systems (including external systems used","for the institution's work) shall constitute","a document or documents if it can be","extracted in the form of one or more","printouts or electronic-format copies using","any reasonably available tools for the","exploitation of the system. An institution","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","provided for 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 by the institutions 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 the","system;"],"old":["(a) \u00abdocument\u00bb 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 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;",""],"orig_lang":"en","peid":"PE420.114v01-00","reference":"2008/0090(COD)","seq":"3","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.114+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Michael Cashman","changes":{},"committee":["LIBE"],"compromise":["Compromise amendment replacing Amendment 46"],"date":"2009-02-12T00:00:00","id":"PE420.114-4","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 7"]],"meps":[4532],"meta":{"created":"2020-01-20T00:07:21"},"new":["7. The exceptions as laid down in this","Article shall only apply for the period","during which protection is justified on the","basis of the content of the document. The","exceptions may apply for a maximum","period of 30 years. In the case of","documents covered by the exception","relating to privacy and the integrity of the","individual, the exception may, if","necessary, continue to apply after this","period."],"old":["7. The exceptions as laid down in this","Article shall only apply for the period","during which protection is justified on the","basis of the content of the document. 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 and in the case of","sensitive documents, the exceptions may,","if necessary, continue to apply after this","period."],"orig_lang":"en","peid":"PE420.114v01-00","reference":"2008/0090(COD)","seq":"4","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.114+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Michael Cashman","changes":{},"committee":["LIBE"],"compromise":["Compromise amendment replacing Amendments 49, 111 and AFCO 6"],"date":"2009-02-12T00:00:00","id":"PE420.114-5","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[4532],"meta":{"created":"2020-01-20T00:07:21"},"new":["2. Where an application concerns a","document originating from a Member State","- which has not been transmitted by the","Member State in its capacity as a member","of the Council, or","- which does not concern information","submitted to the Commission concerning","the implementation of Union legislation","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 in equivalent","provisions of its own legislation, or objects","on the basis of Article 296(1)(a) EC that","the disclosure would be contrary to its","essential security interests."],"old":["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-legislative 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."],"orig_lang":"en","peid":"PE420.114v01-00","reference":"2008/0090(COD)","seq":"5","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.114+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Michael Cashman","changes":{},"committee":["LIBE"],"compromise":[" Compromise amendment replacing Amendment 55"],"date":"2009-02-12T00:00:00","id":"PE420.114-6","location":[[" Proposal for a regulation","Article 10 \u2013 paragraph 4"]],"meps":[4532],"meta":{"created":"2020-01-20T00:07:21"},"new":["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 20 A4 pages and direct access in","electronic form or through the register shall","be free of charge. In the case of printouts","or documents in electronic format based","on information contained in electronic","storage, processing and retrieval systems,","the actual cost of searching for and","retrieving the document or documents","may also be charged to the applicant. No","additional charge shall be made if the","institution has already produced the","document or documents concerned. The","applicant shall be informed in advance of","the amount and method of calculating","any charge."],"old":["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 20 A4 pages and direct access in","electronic form or through the register shall","","be free of charge."],"orig_lang":"en","peid":"PE420.114v01-00","reference":"2008/0090(COD)","seq":"6","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.114+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Michael Cashman","changes":{},"committee":["LIBE"],"compromise":["Compromise amendment replacing Amendments 127 and INTA 3"],"date":"2009-02-12T00:00:00","id":"PE420.114-7","justification":" It is unnecessary and impractical to register everything that falls within the broad definition\n of \"document\" contained in Article 3. The new text lays down principles as to what kinds of\n documents must be registered and requires each institution to adopt and publish more\n specific internal rules to implement those principles.","location":[["Proposal for a regulation","Article 11 \u2013 paragraph 3"]],"meps":[4532],"meta":{"created":"2020-01-20T00:07:21"},"new":["3. Without prejudice to the internal rules","of the institutions, the register or system","of registers (in case of multiple registers","for the same institution) of each","institution shall in particular contain","references to:","\u2013 incoming and outgoing documents, as","well as the official mail of the institution","where such mail falls within the definition","set out in Article 3(a),","\u2013 agendas and summaries of meetings","and documents prepared before meetings","for circulation, as well as other","documents circulated during meetings.","Each institution shall:","\u2013 by ...*, adopt and publish internal rules","concerning the registration of documents,","\u2013 by ... **, ensure that its register is fully","operational.","___________","* Six months from the date of entry into force of","this Regulation.","** One year from the date of entry into force of","this Regulation."],"old":["3. The institutions shall immediately take","the measures necessary to establish a","register which shall be operational by 3","June 2002.","","",""],"orig_lang":"en","peid":"PE420.114v01-00","reference":"2008/0090(COD)","seq":"7","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.114+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Michael Cashman","changes":{},"committee":["LIBE"],"compromise":[" Compromise amendment replacing Amendment 60"],"date":"2009-02-12T00:00:00","id":"PE420.114-8","location":[[" Proposal for a regulation","Article 15 \u2013 paragraph 1 a (new)"]],"meps":[4532],"meta":{"created":"2020-01-20T00:07:22"},"new":["1a. In order to ensure that the principles","of transparency and good administration","are effectively applied, the institutions","concerned shall agree on common","implementing rules and procedures on the","presentation, classification,","declassification, registration and","dissemination of documents.","In order to facilitate a real debate among","the actors involved in the decision-making","process and without prejudice to the","principle of transparency, the institutions","shall make clear to citizens if and when,","during the specific phases of the decision-","making process, direct access to","documents may not be granted. These","limitations shall not apply once the","decision has been taken."],"old":["",""],"orig_lang":"en","peid":"PE420.114v01-00","reference":"2008/0090(COD)","seq":"8","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-420.114+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eva-Britt Svensson, Kartika Tamara Liotard","changes":{},"committee":["LIBE"],"date":"2009-01-21T00:00:00","id":"PE418.177-63","location":[["Proposal for a regulation","Recital 6 a (new)"]],"meps":[28134,28182],"meta":{"created":"2020-01-20T00:09:07"},"new":["(6a) Public access to documents is a","cornerstone of good administrative","practice. A further step is to ensure that","the work of the institutions is improved by","ensuring access to each other's","documents. An interinstitutional","agreement should be established in order","to increase transparency and accessibility","of documents."],"orig_lang":"en","peid":"PE418.177v01-00","reference":"2008/0090(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-418.177+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Michael Cashman","changes":{},"committee":["LIBE"],"date":"2009-01-21T00:00:00","id":"PE418.177-64","location":[["Proposal for a regulation","Recital 8 a (new)"]],"meps":[4532],"meta":{"created":"2020-01-20T00:09:07"},"new":["(8a) The Council and the Commission act","in their legislative capacity when, by","associating the European Parliament,","they adopt even under delegated power","rules of general scope which are legally","binding in or for the Member States, by","means of regulations, directives,","framework decisions or decisions, on the","basis of the relevant provisions of the","Treaties."],"orig_lang":"en","peid":"PE418.177v01-00","reference":"2008/0090(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-418.177+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Charlotte Cederschi\u00f6ld","changes":{},"committee":["LIBE"],"date":"2009-01-21T00:00:00","id":"PE418.177-65","location":[[" Proposal for a regulation","Recital 8 a (new)"]],"meps":[2110],"meta":{"created":"2020-01-20T00:09:07"},"new":["(8a) The EU institutions act in their","legislative capacity when adopting, on the","basis of the relevant provisions of the","Treaties, legally binding rules of general","scope."],"orig_lang":"en","peid":"PE418.177v01-00","reference":"2008/0090(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-418.177+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Charlotte Cederschi\u00f6ld","changes":{},"committee":["LIBE"],"date":"2009-01-21T00:00:00","id":"PE418.177-66","location":[[" Proposal for a regulation","Recital 10"]],"meps":[2110],"meta":{"created":"2020-01-20T00:09:08"},"new":["(10) The Community institutions and","bodies should treat personal data in full","compliance with the rights of data","subjects as defined in Regulation (EC) No","45/2001 of the European Parliament and","of the Council of 18 December 2000 on","the protection of individuals with regard to","the processing of personal data by the","Community institutions and bodies and on","the free movement of such data."],"old":["(10) With regard to the disclosure of","personal data, a clear relationship should","be established between this Regulation","and Regulation (EC) No 45/2001 on the","protection of individuals with regard to the","processing of personal data by the","Community institutions and bodies and on","the free movement of such data."],"orig_lang":"en","peid":"PE418.177v01-00","reference":"2008/0090(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-418.177+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Charlotte Cederschi\u00f6ld","changes":{},"committee":["LIBE"],"date":"2009-01-21T00:00:00","id":"PE418.177-67","location":[["Proposal for a regulation","Recital 12"]],"meps":[2110],"meta":{"created":"2020-01-20T00:09:08"},"new":["(12) In compliance with the democratic","principles outlined in Article 6(1) of the","EU Treaty and the case-law of the Court","of Justice on the implementation of","Regulation (EC) No 1049/2001, wider","access should be granted to documents in","cases where the institutions are acting in","their legislative capacity, including under","delegated powers. Legal texts should be","drafted in a clear and understandable","way1 and published in the Official","Journal of the European Union. Better","law-making practices, drafting models","and techniques, as well as technical","solutions to track the life-cycle of","preparatory documents and to share them","with the institutions and bodies associated","in the procedure, should be agreed by the","European Parliament, the Council and","the Commission in accordance with this","Regulation and published in the Official","Journal of the European Union.","\u00b9 Interinstitutional Agreement of 22 December","1998 on common guidelines for the quality of","drafting of Community legislation (OJ C 73, 17.3.","1999, p. 1)."],"old":["(12) Wider access should be granted to","documents in cases where the institutions","are acting in their legislative capacity,","including under delegated powers, while at","the same time preserving the effectiveness","of the institutions' decision-making","process. Such documents should be made","directly accessible to the greatest possible","extent."],"orig_lang":"en","peid":"PE418.177v01-00","reference":"2008/0090(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-418.177+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Hartmut Nassauer","changes":{},"committee":["LIBE"],"date":"2009-01-21T00:00:00","id":"PE418.177-68","location":[["Proposal for a regulation","Recital 12 a (new)"]],"meps":[1920],"meta":{"created":"2020-01-20T00:09:08"},"new":["(12a) Documents related to non-","legislative procedures, such as binding","measures with individual scope or","conclusions, recommendations or","resolutions should be easily accessible in","compliance with the principle of good","administration outlined in Article 41 of","the Charter, while at the same time","preserving the effectiveness of the","institutions' decision-making process, the","protection of legitimate private interests,","e.g. in competition law and cartel cases","and in procurement and selection","procedures, as well as the individual","rights of data subjects as laid down in","Regulation (EC) 1049/01."],"old":[""],"orig_lang":"en","peid":"PE418.177v01-00","reference":"2008/0090(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-418.177+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Charlotte Cederschi\u00f6ld","changes":{},"committee":["LIBE"],"date":"2009-01-21T00:00:00","id":"PE418.177-69","location":[[" Proposal for a regulation","Recital 17"]],"meps":[2110],"meta":{"created":"2020-01-20T00:09:08"},"new":["(17) In principle, all documents of the","institutions and relating to their activities","should be registered and accessible to the","public. However, without prejudice to the","European Parliament's scrutiny, access to","the entire document or to part of it could","be denied for reasons of protection of","public and private interests, as the","institutions are entitled to protect their","internal consultations and deliberations","where necessary to safeguard their ability","to carry out their tasks."],"old":["(17) In principle, all documents of the","institutions should be accessible to the","public. However, certain public and","private interests should be protected by","way of exceptions. The institutions should","be entitled to protect their internal","consultations and deliberations where","necessary to safeguard their ability to carry","out their tasks. 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It also would mean a step in the direction of a genuine freedom of\n information act of the EU, while serving, simultaneously, the objective set out in the new\n recital 18, that the development of information technology should make it easier to exercise\n the right of access and not reduce the amount of information available to the public.","location":[[" Proposal for a regulation","Article 15 \u2013 paragraph 1"]],"meps":[4254],"meta":{"created":"2020-01-20T00:10:24"},"new":["1. The institutions shall develop good","administrative practices in order to","facilitate the exercise of the right of access","guaranteed by this Regulation. The","institutions shall organise and maintain","the information in their possession in","such a way that the public can be granted","access to the information without","additional effort."],"old":["1. The institutions shall develop good","administrative practices in order to","facilitate the exercise of the right of access","guaranteed by this Regulation."],"orig_lang":"en","peid":"PE416.552v01-00","reference":"2008/0090(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-416.552+01+DOC+PDF+V0//EN&language=EN"}],"changes":{"2014-11-10T00:43:19":[{"data":[{"body":"EC","commission":[{"Commissioner":"\u0160EF\u010cOVI\u010c Maro\u0161","DG":{"title":"Secretariat General","url":"http://ec.europa.eu/dgs/secretariat_general/index_en.htm"}}],"date":"2008-04-30T00:00:00","docs":[{"celexid":"CELEX:52008PC0229:EN","text":["
PURPOSE: to\n amend provisions relating to access to documents.
PROPOSED ACT:\n Regulation of the European Parliament and of the Council.
BACKGROUND: the\n right of access to European Parliament, Council and Commission documents is\n enshrined in Article 255 of the Treaty, as amended by the Treaty of\n Amsterdam. Provisions for this right have been set out in Regulation (EC) No\n 1049/2001. In 2004, following an in-depth review of the Regulation, the\n Commission concluded that it was working well and as result considered it\n inappropriate to amend the Regulation in the short term. A number of recent\n initiatives have, however, required the Commission to reassess its position.\n Firstly, the “European Transparency Initiative” (a review of the Regulation),\n secondly the adoption of a Parliamentary Resolution\n in April 2006 which asked the Commission to come forward with proposals for\n amending the Regulation; and thirdly the adoption of the Arhus Convention concerning\n access to documents containing environmental information and its interaction\n with Regulation (EC) No 1049.
CONTENT: the\n purpose of this proposal is to amend Regulation (EC) No 1049/2001 on the\n basis of the review process. In short, the Commission proposes the following:
Purpose and\n beneficiaries: the wording in Article 1 (a) has\n been slightly modified to clarify the purpose of the Regulation and to grant\n public access to documents. The right of access will be granted to any\n natural or legal person, regardless of nationality or State of residence –\n this approach is consistent with the Arhus Regulation.
Scope and\n definitions: the proposal specifies that the\n Regulation will apply to all documents held by an institution concerning a\n matter relating to the policies, activities and decisions falling within its\n sphere of responsibility. In addition a new paragraph has been added\n clarifying that documents submitted to Courts by parties other than the institutions\n do not fall within the scope of the Regulation (the recall, the TEU excludes\n the Court of Justice from the right of access to documents). Access to\n documents relating to the exercise of investigative powers will also be\n excluded until the relevant decision can no longer be challenged by an action\n for annulment or the investigation is closed. During this investigation\n phase, only the specific rules relating to this field will apply. Thus, information\n obtained from natural or legal persons in the course of such investigations\n should continue to be protected after the relevant decision has become\n definitive. The wide definition of a “document” is maintained.
Exceptions: in order to align the proposed amendments with the Arhus\n Regulation, the Commission proposes that the exception seeking to protect the\n environment (Article 6(2) of the Arhus Regulation) is added to the Regulation\n on public access to documents. The proposal also states that the exception\n seeking to protect commercial interests will not apply to information on\n emissions. A separate mention is, therefore, made on intellectual property\n rights. At the same time the Commission has decided to include a new\n exception aimed at protecting procedures leading to the selection of staff or\n of contracting parties.
Consultation\n with Third Parties: a new Article has been\n introduced that lays down the procedure to be followed where access is\n requested for documents originating from a Member State. The Member State must be consulted unless it is clear that the documents shall or shall not\n be disclosed. In cases where the Member State gives reasons for not\n disclosing the requested documents – or on relevant similar and specific\n rules in its national legislation, the institution will deny access to these\n documents.
Procedural\n rules: the Commission proposes to extend the time\n limit for handling a confirmatory application to thirty working days, with a\n possibility for a further extension by 15 working days. Experience shows that\n it is almost impossible to handle a confirmatory application within 15\n working days. A new paragraph has been added to Article 10 clarifying that,\n where specific modalities for access are laid in EU or national law, these\n must be respected.
Active\n Dissemination: provisions relating to active\n dissemination have been redrafted in order to grant direct access to\n documents, which are part of procedures leading to the adoption of EU\n legislative acts or non-legislative acts of general application. Such\n documents should be made accessible by the institutions from the outset,\n unless an exception to the public right access clearly applies.
\nThe European Parliament adopted by 439 votes to 200, with 57 abstentions. under the first reading of the codecision procedure, amendments to the proposal for a regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (recast).
\nHowever, at the request of the rapporteur (Michael CASHMAN, PES, UK), the vote on the draft legislative resolution was postponed and the matter was referred back to the Civil Liberties Committee. The rapporteur requested the President to ask the current and subsequent Council Presidencies to open a formal dialogue with Parliament.
\nThe main amendments to the proposal were as follows:
\nPurpose: the institutions covered by the legislation will include the European Parliament, Council and Commission as well as of all the Agencies and bodies created by those institutions. Members add that the purpose is to promote transparent as well as good administrative practice in the institutions in order to improve access to their documents
\nScope: Parliament added separate clauses for scope and beneficiaries. These had previously been merged under the Commission proposal. The Regulation will apply to all documents held by an institution, that is to say documents drawn up or received by it and in its possession, in all areas of activity of the EU. Documents shall be made accessible to the public either in electronic form, in the OJ, or in an official institution's register, or following a written application. The documents drawn up or received in the course of a legislative procedure shall be made directly accessible. The Regulation shall be without prejudice to enhanced rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them or by the Member States' legislation.
\nBeneficiaries: Members added that beneficiaries are any association of legal or natural persons as well as any natural or legal person. This Regulation shall not apply to documents covered by Article 4 of the Statute for Members of the European Parliament. In order to ensure that the principle of institutional transparency is fully applied, free public access to documents concerning infringement mechanisms and proceedings should be guaranteed.
\nDefinitions: Parliament broadened the definition of “document” from that proposed by the Commission. It also inserted definitions for “classified document”, “legislative documents”, non-legislative documents”, and “administrative document”, “archive” and “historical archive”. A detailed list of all the categories of the acts covered by these definitions will be published in the OJ and on the Internet sites of the institutions. The institutions shall also agree and publish their common criteria for archiving.
\nClassified documents: Parliament inserted a new article on classified documents, stating that an institution shall classify a document where its disclosure would undermine the protection of the essential interests of the EU or of one or more of its Member States. Information will be classified as follows: “EU top secret”, “EU secret”, “EU confidential” and “EU restricted.” Guidelines on definitions of these terms are inserted, and the new article describes responsibility for classification, etc. Documents relating to legislative procedures shall not be classified; implementing measures shall be classified before their adoption insofar as the classification is necessary and aimed at preventing an adverse effect on the measure itself. International agreements dealing with the sharing of confidential information concluded on behalf of the EU or of the Community cannot give any right to a third country or international organisation to prevent the European Parliament from having access to confidential information.
\nThe European Parliament shall have access to classified documents through a special oversight committee composed of members appointed by its Conference of Presidents. These Members shall comply with a specific clearance procedure and solemnly swear not to reveal in any way the content of the information accessed.
\nThe Article on treatment on sensitive documents is deleted.
\nGeneral exceptions to the right of access: Parliament modified this article, differentiating between protection of public and private interests. It also excluded from the exceptions: legal advice in connection with procedures leading to a legislative act or a non-legislative act of general application; and the objectivity and impartiality of public procurement procedures until a decision has been taken. The exceptions apply unless there is an overriding public interest in disclosure. The amended provisions give guidelines on the interpretation of public interest, and add that the definition of an overriding public interest in disclosure shall take due account of: the protection of the political activity and independence of Members of the European Parliament. Documents the disclosure of which would pose a risk to environmental protection values, such as the breeding sites of rare species, shall only be disclosed in conformity with Regulation (EC) No 1367/2006 on the Aarhus Convention. Personal 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 under certain specificed circumstances.
\nConsultation of third parties: Parliament stated that third-party documents shall be disclosed by the institutions without consulting the originator if it is clear that none of the exceptions in the Regulation are applicable. A third party shall be consulted if that party has requested, when handing in the document, that it be treated in a specific way, with a view to assessing whether an exception provided for in this Regulation is applicable. Documents provided to the institutions for the purpose of influencing policy-making should be made public.
\nWhere an application concerns a document originating from a Member State which has not been transmitted by that Member State in its capacity as a member of the Council, or which does not concern information submitted to the Commission concerning the implementation of EC policies and legislation, the authorities of that Member State shall be consulted.
\nPrinciple of good administration: a new provision is inserted, and states that the institutions shall on the basis of the code of good administrative behaviour publish general guidelines on the scope of the obligations of confidentiality and professional secrecy set out in Article 287 of the EC Treaty, the obligations arising from sound and transparent administration and the protection of personal data in accordance with Regulation (EC) 45/2001. These guidelines shall also define the sanctions applicable in the event of failure to comply with the Regulation in accordance with the Staff Regulations and in the institutions' internal rules
\nLegislative transparency: a further new article details the principles of legislative transparency and states, inter alia, that documents relating to their legislative programmes, preliminary civil society consultations, impact assessments and any other preparatory documents linked to a legislative procedure shall be accessible on a user-friendly inter-institutional site and published in a special series of the Official Journal.
\nAdministrative transparency practice in the institutions: this clause is substantially amended and states, inter alia, that in order to ensure that the principles of transparency and good administration are effectively applied, the institutions concerned shall agree on common implementing rules and procedures for the presentation, classification, declassification, registration and dissemination of documents. The institutions shall establish an interinstitutional Article 255 committee to exchange best practice, identify access and usability barriers and unpublished data sources, address possible conflicts, promote interoperability, re-use and merger of registers, standardise document coding through a European standards organisation, create a single EU portal to ensure access to all EU documents and discuss future developments on public access to documents. In addition, a new provision on financial transparency provides that information relating to the EU budget, its implementation and beneficiaries of EU funds and grants shall be public to citizens.
\nDirect access to documents: the institutions shall establish a common interface for their registers of documents, and ensure a single point of access for direct access to documents drawn up or received in the course of procedures for the adoption of legislative acts or non-legislative acts of general application.
\nProcessing of initial applications: this article is amended to state that in the event of a refusal, where the applicant calls into question whether any actual harm will be caused to the relevant interests and/or argues that there is an overriding interest in disclosure, the applicant may request the European Ombudsman to give an independent and objective view on the question of harm and/or overriding public interest. While waiting for the delivery of the European Ombudsman' opinion, the time-limit for making a decision (15 working days) shall be suspended for a maximum of 30 working days.
\nInformation officer: a new clause is inserted providing that each directorate-general within each institution shall appoint an Information Officer who shall be responsible for ensuring compliance with the provisions of the Regulation and good administrative practice within that directorate-general.
\nReport: at the latest by 6 months after entry into force of the Regulation, the Commission shall publish a report and make recommendations including proposals for the revision of the Regulation which are necessitated by changes in the current situation and an action programme of measures to be taken by the institutions.\n
The vote on amendments to the Commission proposal had been held on 11 March 2009 but the final vote on the legislative resolution had been postponed, at the rapporteur's request, under Rule 53(2) of the Rules of Procedure.
\nThe rapporteur again requested a postponement of the vote at the sitting of 5 May 2009, saying that the decision on this important dossier should be referred to the next parliamentary term. The report was therefore referred back to committee under Rule 168(2) of the Rules of Procedure.\n
The Committee on Civil Liberties, Justice and Home\nAffairs adopted the report drafted by Michael CASHMAN (S&D, UK) on the\nproposal for a regulation of the European Parliament and of the\nCouncil regarding public access to European Parliament, Council and\nCommission documents (recast).
\nThe committee recommends that the European\nParliaments position adopted at first reading under the\nordinary legislative procedure should be to amend the Commission\nproposal.
\nBeneficiaries: any\nnatural or legal person or any association of legal or natural\npersons shall have a right of access to documents of the\ninstitutions, bodies, offices and agencies, subject to the\nprinciples, conditions and limits defined in this\nRegulation.
\nScope: this Regulation\nshall apply to all documents held by a Union institution, body,\noffice and agency, that is to say documents drawn up or received by\nit and in its possession, in all areas of activity of the Union.\nThis Regulation shall apply to the Court of Justice of the European\nUnion, the European Central Bank and the European Investment Bank,\nonly in the course of the performance of their administrative\ntasks.
\nAccess to documents:\nMembers consider that full, direct and timely public access should\nbe granted in principle to documents relating to legislative acts\nas well as delegated and implementing acts of general scope, as the\nlegislative procedure has to be open and visible as much as\npossible.
\nExceptions: all documents of the\ninstitutions should be accessible to the public. Exceptions to this\nprinciple should be made to protect certain public and private\ninterests, but such exceptions should be governed by a transparent\nsystem of rules and procedures, and the overall goal should be the\nimplementation of citizens' fundamental right of access.
\nAccess to documents drawn up by an institution\nfor internal use or received by an institution relating to a matter\nwhere the decision has not yet been taken by that institution shall\nbe refused only if their disclosure would, due to their content and\nthe objective circumstances of the situation, manifestly and\nseriously undermine the decision-making process.
\nMember States should not have a\nveto right regarding documents originating from them as\nthe final decision lies with the Institutions.
\nConfirmatory application: a confirmatory application shall be handled\npromptly. Within a maximum of 15 working days (as opposed to\n30) from registration of such an application, the institution,\nbody, office or agency shall either grant access to the document\nrequested and provide within that period or, in a written reply,\nstate the reasons for the total or partial refusal. In the event of\na total or partial refusal, the institution, body, office or agency\nshall inform the applicant of the remedies open to him or\nher.
\nPrivileged access: an institution, body, office or\nagency may grant privileged access to documents for the purpose of\nresearch. If privileged access is granted, the information shall\nonly be released subject to appropriate restrictions regarding its\nuse. The idea\nis to give primarily academics an opportunity to have access to\ninformation which would otherwise be inaccessible, but that they\nmust accept appropriate restrictions as to how the information can\nbe used.
\nBetter law-making\npractices,\ndrafting models and techniques shared by the institutions, bodies,\noffices and agencies should be agreed by the European Parliament,\nthe Council and the Commission in accordance with Article 295 TFEU\nand with this Regulation and published in the Official Journal of\nthe European Union in order to improve the principle of\ntransparency by design and that of legal clarity of EU\ndocuments.
\nClassified\ndocuments: this\nRegulation should provide a framework procedure for the\nregistration, classification, access and archiving of classified\ndocuments.
\nRegister: in order to\nimprove openness and transparency in the legislative process, an\ninterinstitutional register of lobbyists and other interested\nparties should be agreed by the institutions, bodies, offices and\nagencies.
\nCharter of Fundamental Rights: due to the fact that this Regulation directly\nimplements Article 15 TFEU as well as Article 42 of the Charter,\nthe defined principles and limits for access to documents should\nprevail over any rules, measures or practices adopted under a\ndifferent legal basis by an institution, body, office or agency and\nintroducing additional or stricter exceptions than the ones\nprovided in this Regulation.
\nThe European Parliament adopted by 394 votes to 197\nwith 35 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council regarding\npublic access to European Parliament, Council and Commission\ndocuments (recast).
\nParliaments position adopted in first reading\namended the Commission proposal as follows:
\nPurpose: the regulation\nmust, amongst other things, aim to promote transparent\nand good administrative practice in order to\nimprove access to documents, and in particular the overall\ngoals of greater transparency, accountability, and\ndemocracy.
\nBeneficiaries: any\nnatural or legal person or any association of legal or natural\npersons shall have a right of access to documents of the\ninstitutions, bodies, offices and agencies, subject to the\nprinciples, conditions and limits defined in the\nRegulation.
\nScope: the Regulation\nshall apply to all documents held by a Union institution, body,\noffice and agency, that is to say documents drawn up or received by\nit and in its possession, in all areas of activity of the Union.\nThis Regulation shall apply to the Court of Justice of the European\nUnion, the European Central Bank and the European Investment Bank,\nonly in the course of the performance of their administrative\ntasks.
\nDefinition of document:\nMembers specify that document shall\nmean any data content whatever its medium (written\non paper or stored in electronic form or as a sound, visual or\naudiovisual recording) concerning a matter falling within the\nsphere of responsibility of a Union institution, body, office or\nagency.
\nThe content of a document shall be available without\ndiscrimination on the grounds of visual impairment, working\nlanguage or operating system platform. Institutions shall provide\nfor actual access by an applicant to the content of documents\nwithout technical discrimination.
\nAccess to documents:\nMembers consider that full, direct and timely public access should\nbe granted in principle to documents relating to legislative acts\nas well as delegated and implementing acts of general scope, as the\nlegislative procedure has to be open and visible as much as\npossible.
\n\n· \nPreparatory legislative documents and all\nrelated information on the different stages of the\ninterinstitutional procedure, such as Council working group\ndocuments, names and positions of Member States delegations acting\nas Members of the Council and first-reading trilogue documents,\nshould in principle be made immediately and directly accessible to\nthe public on the Internet.
\n\n· \nDocuments relating to non-legislative\nprocedures, such as binding measures or measures dealing with\ninternal organisation, administrative or budgetary acts, or of a\npolitical nature (such as conclusions, recommendations or\nresolutions) should be easily and as far as possible directly\naccessible in compliance with the principle of good\nadministration.
\n\n· \nFor each category of document, the institution,\nbody, office or agency responsible should make accessible to\ncitizens the workflow of the internal procedures to be followed,\nwhich organisational units would be in charge, as well their remit,\nthe deadlines set and the office to be contacted. The institutions,\nbodies, offices and agencies should duly take into account the\nrecommendations of the European Ombudsman.
\n\n· \nDocuments relating to the European Union budget,\nits implementation and beneficiaries of Union funds and grants\nshall be public and accessible to citizens.
\nClassified documents: Parliament proposes new\nrules for the procedure to be followed for the classification (EU\ntop secret, EU secret, EU confidential and EU restricted), and\ndeclassification of documents. An institution shall classify a\ndocument where its disclosure would undermine the protection of the\nessential interests of the Union or of one or more of the Member\nStates, notably in public security, defence and military\nmatters.
\nExceptions: all documents of the institutions should be accessible\nto the public. Exceptions to this principle should be made to\nprotect certain public and private interests, but such exceptions\nshould be governed by a transparent system of rules and procedures,\nand the overall goal should be the implementation of citizens'\nfundamental right of access.
\nAccess to documents drawn up by an institution for\ninternal use or received by an institution relating to a matter\nwhere the decision has not yet been taken by that institution shall\nbe refused only if their disclosure would, due to their content and\nthe objective circumstances of the situation, manifestly and\nseriously undermine the decision-making process.
\nOverriding public interest: the exceptions listed in the text do not apply when\nan overriding public interest justifies disclosure of the document.\nWhen balancing the public interest in disclosure,\nan overriding public interest in disclosure shall be deemed to\nexist where the document requested relates to the\nprotection of fundamental rights and the rule of law, sound\nmanagement of public funds, or the right to live in a healthy\nenvironment, including emissions into the\nenvironment.
\nPersonal data shall not\nbe disclosed if such disclosure would harm the privacy or the\nintegrity of the person concerned. Personal data shall\nnevertheless be disclosed if an overriding public interest requires\ndisclosure.
\nDocuments originating from Member\nStates: Member States should not have\na veto right regarding documents originating from them as the\nfinal decision lies with the Institutions.
\nWhere an application concerns a document originating\nfrom a Member State, other than documents transmitted in the\nframework of procedures leading to a legislative act or\na delegated or implementing act of general application,\nthe authorities of that Member State shall be consulted where\nthere is any doubt as to whether the document is covered by one of\nthe exceptions
\nPrivileged access: an\ninstitution, body, office or agency may grant privileged access to\ndocuments for the purpose of research. If privileged access is\ngranted, the information shall only be released subject to\nappropriate restrictions regarding its use. The idea is to\ngive primarily academics an opportunity to have access to\ninformation which would otherwise be inaccessible.
\nInformation Officer:\neach general administrative unit within each institution, body,\noffice and agency shall appoint an Information Officer who shall be\nresponsible for ensuring compliance with this Regulation and good\nadministrative practice within that administrative unit. The\nInformation Officer shall determine which information it is\nexpedient to give the public and shall assess whether the services\nwithin his or her general administrative unit follow good\npractice.
\nPrinciple of good and open\nadministration: in the transitional\nperiod before the adoption of the rules as envisaged by Article 298\nTFEU and based on the requirements of Article 41 of the Charter,\nthe institutions, bodies, offices and agencies shall adopt and\npublish general guidelines on the scope of the obligations of\nconfidentiality and professional secrecy, the obligations arising\nfrom sound and transparent administration and the protection of\npersonal data in accordance with Regulation (EC) No\n45/2001.
\nThe institutions, bodies, offices and agencies shall\ninform citizens, in a fair and transparent way, about their\norganisational chart by indicating the remit of their internal\nunits, the internal workflow and indicative deadlines of the\nprocedures falling within their remit, and the services to which\ncitizens may refer to obtain support, information or administrative\nredress.
\nReport: 2 years at the\nlatest after entry into force of the Regulation, the Commission\nshall publish a report on the implementation of this Regulation and\nshall make recommendations, including, if appropriate, proposals\nfor the revision of this Regulation.
\nPURPOSE: to\n amend provisions relating to access to documents.
PROPOSED ACT:\n Regulation of the European Parliament and of the Council.
BACKGROUND: the\n right of access to European Parliament, Council and Commission documents is\n enshrined in Article 255 of the Treaty, as amended by the Treaty of\n Amsterdam. Provisions for this right have been set out in Regulation (EC) No\n 1049/2001. In 2004, following an in-depth review of the Regulation, the\n Commission concluded that it was working well and as result considered it\n inappropriate to amend the Regulation in the short term. A number of recent\n initiatives have, however, required the Commission to reassess its position.\n Firstly, the “European Transparency Initiative” (a review of the Regulation),\n secondly the adoption of a Parliamentary Resolution\n in April 2006 which asked the Commission to come forward with proposals for\n amending the Regulation; and thirdly the adoption of the Arhus Convention concerning\n access to documents containing environmental information and its interaction\n with Regulation (EC) No 1049.
CONTENT: the\n purpose of this proposal is to amend Regulation (EC) No 1049/2001 on the\n basis of the review process. In short, the Commission proposes the following:
Purpose and\n beneficiaries: the wording in Article 1 (a) has\n been slightly modified to clarify the purpose of the Regulation and to grant\n public access to documents. The right of access will be granted to any\n natural or legal person, regardless of nationality or State of residence –\n this approach is consistent with the Arhus Regulation.
Scope and\n definitions: the proposal specifies that the\n Regulation will apply to all documents held by an institution concerning a\n matter relating to the policies, activities and decisions falling within its\n sphere of responsibility. In addition a new paragraph has been added\n clarifying that documents submitted to Courts by parties other than the institutions\n do not fall within the scope of the Regulation (the recall, the TEU excludes\n the Court of Justice from the right of access to documents). Access to\n documents relating to the exercise of investigative powers will also be\n excluded until the relevant decision can no longer be challenged by an action\n for annulment or the investigation is closed. During this investigation\n phase, only the specific rules relating to this field will apply. Thus, information\n obtained from natural or legal persons in the course of such investigations\n should continue to be protected after the relevant decision has become\n definitive. The wide definition of a “document” is maintained.
Exceptions: in order to align the proposed amendments with the Arhus\n Regulation, the Commission proposes that the exception seeking to protect the\n environment (Article 6(2) of the Arhus Regulation) is added to the Regulation\n on public access to documents. The proposal also states that the exception\n seeking to protect commercial interests will not apply to information on\n emissions. A separate mention is, therefore, made on intellectual property\n rights. At the same time the Commission has decided to include a new\n exception aimed at protecting procedures leading to the selection of staff or\n of contracting parties.
Consultation\n with Third Parties: a new Article has been\n introduced that lays down the procedure to be followed where access is\n requested for documents originating from a Member State. The Member State must be consulted unless it is clear that the documents shall or shall not\n be disclosed. In cases where the Member State gives reasons for not\n disclosing the requested documents – or on relevant similar and specific\n rules in its national legislation, the institution will deny access to these\n documents.
Procedural\n rules: the Commission proposes to extend the time\n limit for handling a confirmatory application to thirty working days, with a\n possibility for a further extension by 15 working days. Experience shows that\n it is almost impossible to handle a confirmatory application within 15\n working days. A new paragraph has been added to Article 10 clarifying that,\n where specific modalities for access are laid in EU or national law, these\n must be respected.
Active\n Dissemination: provisions relating to active\n dissemination have been redrafted in order to grant direct access to\n documents, which are part of procedures leading to the adoption of EU\n legislative acts or non-legislative acts of general application. Such\n documents should be made accessible by the institutions from the outset,\n unless an exception to the public right access clearly applies.
\nThe European Parliament adopted by 439 votes to 200, with 57 abstentions. under the first reading of the codecision procedure, amendments to the proposal for a regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (recast).
\nHowever, at the request of the rapporteur (Michael CASHMAN, PES, UK), the vote on the draft legislative resolution was postponed and the matter was referred back to the Civil Liberties Committee. The rapporteur requested the President to ask the current and subsequent Council Presidencies to open a formal dialogue with Parliament.
\nThe main amendments to the proposal were as follows:
\nPurpose: the institutions covered by the legislation will include the European Parliament, Council and Commission as well as of all the Agencies and bodies created by those institutions. Members add that the purpose is to promote transparent as well as good administrative practice in the institutions in order to improve access to their documents
\nScope: Parliament added separate clauses for scope and beneficiaries. These had previously been merged under the Commission proposal. The Regulation will apply to all documents held by an institution, that is to say documents drawn up or received by it and in its possession, in all areas of activity of the EU. Documents shall be made accessible to the public either in electronic form, in the OJ, or in an official institution's register, or following a written application. The documents drawn up or received in the course of a legislative procedure shall be made directly accessible. The Regulation shall be without prejudice to enhanced rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them or by the Member States' legislation.
\nBeneficiaries: Members added that beneficiaries are any association of legal or natural persons as well as any natural or legal person. This Regulation shall not apply to documents covered by Article 4 of the Statute for Members of the European Parliament. In order to ensure that the principle of institutional transparency is fully applied, free public access to documents concerning infringement mechanisms and proceedings should be guaranteed.
\nDefinitions: Parliament broadened the definition of “document” from that proposed by the Commission. It also inserted definitions for “classified document”, “legislative documents”, non-legislative documents”, and “administrative document”, “archive” and “historical archive”. A detailed list of all the categories of the acts covered by these definitions will be published in the OJ and on the Internet sites of the institutions. The institutions shall also agree and publish their common criteria for archiving.
\nClassified documents: Parliament inserted a new article on classified documents, stating that an institution shall classify a document where its disclosure would undermine the protection of the essential interests of the EU or of one or more of its Member States. Information will be classified as follows: “EU top secret”, “EU secret”, “EU confidential” and “EU restricted.” Guidelines on definitions of these terms are inserted, and the new article describes responsibility for classification, etc. Documents relating to legislative procedures shall not be classified; implementing measures shall be classified before their adoption insofar as the classification is necessary and aimed at preventing an adverse effect on the measure itself. International agreements dealing with the sharing of confidential information concluded on behalf of the EU or of the Community cannot give any right to a third country or international organisation to prevent the European Parliament from having access to confidential information.
\nThe European Parliament shall have access to classified documents through a special oversight committee composed of members appointed by its Conference of Presidents. These Members shall comply with a specific clearance procedure and solemnly swear not to reveal in any way the content of the information accessed.
\nThe Article on treatment on sensitive documents is deleted.
\nGeneral exceptions to the right of access: Parliament modified this article, differentiating between protection of public and private interests. It also excluded from the exceptions: legal advice in connection with procedures leading to a legislative act or a non-legislative act of general application; and the objectivity and impartiality of public procurement procedures until a decision has been taken. The exceptions apply unless there is an overriding public interest in disclosure. The amended provisions give guidelines on the interpretation of public interest, and add that the definition of an overriding public interest in disclosure shall take due account of: the protection of the political activity and independence of Members of the European Parliament. Documents the disclosure of which would pose a risk to environmental protection values, such as the breeding sites of rare species, shall only be disclosed in conformity with Regulation (EC) No 1367/2006 on the Aarhus Convention. Personal 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 under certain specificed circumstances.
\nConsultation of third parties: Parliament stated that third-party documents shall be disclosed by the institutions without consulting the originator if it is clear that none of the exceptions in the Regulation are applicable. A third party shall be consulted if that party has requested, when handing in the document, that it be treated in a specific way, with a view to assessing whether an exception provided for in this Regulation is applicable. Documents provided to the institutions for the purpose of influencing policy-making should be made public.
\nWhere an application concerns a document originating from a Member State which has not been transmitted by that Member State in its capacity as a member of the Council, or which does not concern information submitted to the Commission concerning the implementation of EC policies and legislation, the authorities of that Member State shall be consulted.
\nPrinciple of good administration: a new provision is inserted, and states that the institutions shall on the basis of the code of good administrative behaviour publish general guidelines on the scope of the obligations of confidentiality and professional secrecy set out in Article 287 of the EC Treaty, the obligations arising from sound and transparent administration and the protection of personal data in accordance with Regulation (EC) 45/2001. These guidelines shall also define the sanctions applicable in the event of failure to comply with the Regulation in accordance with the Staff Regulations and in the institutions' internal rules
\nLegislative transparency: a further new article details the principles of legislative transparency and states, inter alia, that documents relating to their legislative programmes, preliminary civil society consultations, impact assessments and any other preparatory documents linked to a legislative procedure shall be accessible on a user-friendly inter-institutional site and published in a special series of the Official Journal.
\nAdministrative transparency practice in the institutions: this clause is substantially amended and states, inter alia, that in order to ensure that the principles of transparency and good administration are effectively applied, the institutions concerned shall agree on common implementing rules and procedures for the presentation, classification, declassification, registration and dissemination of documents. The institutions shall establish an interinstitutional Article 255 committee to exchange best practice, identify access and usability barriers and unpublished data sources, address possible conflicts, promote interoperability, re-use and merger of registers, standardise document coding through a European standards organisation, create a single EU portal to ensure access to all EU documents and discuss future developments on public access to documents. In addition, a new provision on financial transparency provides that information relating to the EU budget, its implementation and beneficiaries of EU funds and grants shall be public to citizens.
\nDirect access to documents: the institutions shall establish a common interface for their registers of documents, and ensure a single point of access for direct access to documents drawn up or received in the course of procedures for the adoption of legislative acts or non-legislative acts of general application.
\nProcessing of initial applications: this article is amended to state that in the event of a refusal, where the applicant calls into question whether any actual harm will be caused to the relevant interests and/or argues that there is an overriding interest in disclosure, the applicant may request the European Ombudsman to give an independent and objective view on the question of harm and/or overriding public interest. While waiting for the delivery of the European Ombudsman' opinion, the time-limit for making a decision (15 working days) shall be suspended for a maximum of 30 working days.
\nInformation officer: a new clause is inserted providing that each directorate-general within each institution shall appoint an Information Officer who shall be responsible for ensuring compliance with the provisions of the Regulation and good administrative practice within that directorate-general.
\nReport: at the latest by 6 months after entry into force of the Regulation, the Commission shall publish a report and make recommendations including proposals for the revision of the Regulation which are necessitated by changes in the current situation and an action programme of measures to be taken by the institutions.\n
The vote on amendments to the Commission proposal had been held on 11 March 2009 but the final vote on the legislative resolution had been postponed, at the rapporteur's request, under Rule 53(2) of the Rules of Procedure.
\nThe rapporteur again requested a postponement of the vote at the sitting of 5 May 2009, saying that the decision on this important dossier should be referred to the next parliamentary term. The report was therefore referred back to committee under Rule 168(2) of the Rules of Procedure.\n
The Committee on Civil Liberties, Justice and Home\nAffairs adopted the report drafted by Michael CASHMAN (S&D, UK) on the\nproposal for a regulation of the European Parliament and of the\nCouncil regarding public access to European Parliament, Council and\nCommission documents (recast).
\nThe committee recommends that the European\nParliaments position adopted at first reading under the\nordinary legislative procedure should be to amend the Commission\nproposal.
\nBeneficiaries: any\nnatural or legal person or any association of legal or natural\npersons shall have a right of access to documents of the\ninstitutions, bodies, offices and agencies, subject to the\nprinciples, conditions and limits defined in this\nRegulation.
\nScope: this Regulation\nshall apply to all documents held by a Union institution, body,\noffice and agency, that is to say documents drawn up or received by\nit and in its possession, in all areas of activity of the Union.\nThis Regulation shall apply to the Court of Justice of the European\nUnion, the European Central Bank and the European Investment Bank,\nonly in the course of the performance of their administrative\ntasks.
\nAccess to documents:\nMembers consider that full, direct and timely public access should\nbe granted in principle to documents relating to legislative acts\nas well as delegated and implementing acts of general scope, as the\nlegislative procedure has to be open and visible as much as\npossible.
\nExceptions: all documents of the\ninstitutions should be accessible to the public. Exceptions to this\nprinciple should be made to protect certain public and private\ninterests, but such exceptions should be governed by a transparent\nsystem of rules and procedures, and the overall goal should be the\nimplementation of citizens' fundamental right of access.
\nAccess to documents drawn up by an institution\nfor internal use or received by an institution relating to a matter\nwhere the decision has not yet been taken by that institution shall\nbe refused only if their disclosure would, due to their content and\nthe objective circumstances of the situation, manifestly and\nseriously undermine the decision-making process.
\nMember States should not have a\nveto right regarding documents originating from them as\nthe final decision lies with the Institutions.
\nConfirmatory application: a confirmatory application shall be handled\npromptly. Within a maximum of 15 working days (as opposed to\n30) from registration of such an application, the institution,\nbody, office or agency shall either grant access to the document\nrequested and provide within that period or, in a written reply,\nstate the reasons for the total or partial refusal. In the event of\na total or partial refusal, the institution, body, office or agency\nshall inform the applicant of the remedies open to him or\nher.
\nPrivileged access: an institution, body, office or\nagency may grant privileged access to documents for the purpose of\nresearch. If privileged access is granted, the information shall\nonly be released subject to appropriate restrictions regarding its\nuse. The idea\nis to give primarily academics an opportunity to have access to\ninformation which would otherwise be inaccessible, but that they\nmust accept appropriate restrictions as to how the information can\nbe used.
\nBetter law-making\npractices,\ndrafting models and techniques shared by the institutions, bodies,\noffices and agencies should be agreed by the European Parliament,\nthe Council and the Commission in accordance with Article 295 TFEU\nand with this Regulation and published in the Official Journal of\nthe European Union in order to improve the principle of\ntransparency by design and that of legal clarity of EU\ndocuments.
\nClassified\ndocuments: this\nRegulation should provide a framework procedure for the\nregistration, classification, access and archiving of classified\ndocuments.
\nRegister: in order to\nimprove openness and transparency in the legislative process, an\ninterinstitutional register of lobbyists and other interested\nparties should be agreed by the institutions, bodies, offices and\nagencies.
\nCharter of Fundamental Rights: due to the fact that this Regulation directly\nimplements Article 15 TFEU as well as Article 42 of the Charter,\nthe defined principles and limits for access to documents should\nprevail over any rules, measures or practices adopted under a\ndifferent legal basis by an institution, body, office or agency and\nintroducing additional or stricter exceptions than the ones\nprovided in this Regulation.
\nThe European Parliament adopted by 394 votes to 197\nwith 35 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council regarding\npublic access to European Parliament, Council and Commission\ndocuments (recast).
\nParliaments position adopted in first reading\namended the Commission proposal as follows:
\nPurpose: the regulation\nmust, amongst other things, aim to promote transparent\nand good administrative practice in order to\nimprove access to documents, and in particular the overall\ngoals of greater transparency, accountability, and\ndemocracy.
\nBeneficiaries: any\nnatural or legal person or any association of legal or natural\npersons shall have a right of access to documents of the\ninstitutions, bodies, offices and agencies, subject to the\nprinciples, conditions and limits defined in the\nRegulation.
\nScope: the Regulation\nshall apply to all documents held by a Union institution, body,\noffice and agency, that is to say documents drawn up or received by\nit and in its possession, in all areas of activity of the Union.\nThis Regulation shall apply to the Court of Justice of the European\nUnion, the European Central Bank and the European Investment Bank,\nonly in the course of the performance of their administrative\ntasks.
\nDefinition of document:\nMembers specify that document shall\nmean any data content whatever its medium (written\non paper or stored in electronic form or as a sound, visual or\naudiovisual recording) concerning a matter falling within the\nsphere of responsibility of a Union institution, body, office or\nagency.
\nThe content of a document shall be available without\ndiscrimination on the grounds of visual impairment, working\nlanguage or operating system platform. Institutions shall provide\nfor actual access by an applicant to the content of documents\nwithout technical discrimination.
\nAccess to documents:\nMembers consider that full, direct and timely public access should\nbe granted in principle to documents relating to legislative acts\nas well as delegated and implementing acts of general scope, as the\nlegislative procedure has to be open and visible as much as\npossible.
\n\n· \nPreparatory legislative documents and all\nrelated information on the different stages of the\ninterinstitutional procedure, such as Council working group\ndocuments, names and positions of Member States delegations acting\nas Members of the Council and first-reading trilogue documents,\nshould in principle be made immediately and directly accessible to\nthe public on the Internet.
\n\n· \nDocuments relating to non-legislative\nprocedures, such as binding measures or measures dealing with\ninternal organisation, administrative or budgetary acts, or of a\npolitical nature (such as conclusions, recommendations or\nresolutions) should be easily and as far as possible directly\naccessible in compliance with the principle of good\nadministration.
\n\n· \nFor each category of document, the institution,\nbody, office or agency responsible should make accessible to\ncitizens the workflow of the internal procedures to be followed,\nwhich organisational units would be in charge, as well their remit,\nthe deadlines set and the office to be contacted. The institutions,\nbodies, offices and agencies should duly take into account the\nrecommendations of the European Ombudsman.
\n\n· \nDocuments relating to the European Union budget,\nits implementation and beneficiaries of Union funds and grants\nshall be public and accessible to citizens.
\nClassified documents: Parliament proposes new\nrules for the procedure to be followed for the classification (EU\ntop secret, EU secret, EU confidential and EU restricted), and\ndeclassification of documents. An institution shall classify a\ndocument where its disclosure would undermine the protection of the\nessential interests of the Union or of one or more of the Member\nStates, notably in public security, defence and military\nmatters.
\nExceptions: all documents of the institutions should be accessible\nto the public. Exceptions to this principle should be made to\nprotect certain public and private interests, but such exceptions\nshould be governed by a transparent system of rules and procedures,\nand the overall goal should be the implementation of citizens'\nfundamental right of access.
\nAccess to documents drawn up by an institution for\ninternal use or received by an institution relating to a matter\nwhere the decision has not yet been taken by that institution shall\nbe refused only if their disclosure would, due to their content and\nthe objective circumstances of the situation, manifestly and\nseriously undermine the decision-making process.
\nOverriding public interest: the exceptions listed in the text do not apply when\nan overriding public interest justifies disclosure of the document.\nWhen balancing the public interest in disclosure,\nan overriding public interest in disclosure shall be deemed to\nexist where the document requested relates to the\nprotection of fundamental rights and the rule of law, sound\nmanagement of public funds, or the right to live in a healthy\nenvironment, including emissions into the\nenvironment.
\nPersonal data shall not\nbe disclosed if such disclosure would harm the privacy or the\nintegrity of the person concerned. Personal data shall\nnevertheless be disclosed if an overriding public interest requires\ndisclosure.
\nDocuments originating from Member\nStates: Member States should not have\na veto right regarding documents originating from them as the\nfinal decision lies with the Institutions.
\nWhere an application concerns a document originating\nfrom a Member State, other than documents transmitted in the\nframework of procedures leading to a legislative act or\na delegated or implementing act of general application,\nthe authorities of that Member State shall be consulted where\nthere is any doubt as to whether the document is covered by one of\nthe exceptions
\nPrivileged access: an\ninstitution, body, office or agency may grant privileged access to\ndocuments for the purpose of research. If privileged access is\ngranted, the information shall only be released subject to\nappropriate restrictions regarding its use. The idea is to\ngive primarily academics an opportunity to have access to\ninformation which would otherwise be inaccessible.
\nInformation Officer:\neach general administrative unit within each institution, body,\noffice and agency shall appoint an Information Officer who shall be\nresponsible for ensuring compliance with this Regulation and good\nadministrative practice within that administrative unit. The\nInformation Officer shall determine which information it is\nexpedient to give the public and shall assess whether the services\nwithin his or her general administrative unit follow good\npractice.
\nPrinciple of good and open\nadministration: in the transitional\nperiod before the adoption of the rules as envisaged by Article 298\nTFEU and based on the requirements of Article 41 of the Charter,\nthe institutions, bodies, offices and agencies shall adopt and\npublish general guidelines on the scope of the obligations of\nconfidentiality and professional secrecy, the obligations arising\nfrom sound and transparent administration and the protection of\npersonal data in accordance with Regulation (EC) No\n45/2001.
\nThe institutions, bodies, offices and agencies shall\ninform citizens, in a fair and transparent way, about their\norganisational chart by indicating the remit of their internal\nunits, the internal workflow and indicative deadlines of the\nprocedures falling within their remit, and the services to which\ncitizens may refer to obtain support, information or administrative\nredress.
\nReport: 2 years at the\nlatest after entry into force of the Regulation, the Commission\nshall publish a report on the implementation of this Regulation and\nshall make recommendations, including, if appropriate, proposals\nfor the revision of this Regulation.
\n