Activities of Constance LE GRIP related to 2008/0090(COD)
Shadow opinions (1)
OPINION Proposal for a regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (Recast)
Amendments (8)
Amendment 9 #
Proposal for a regulation
Recital 10
Recital 10
(10) With regard to the disclosure of personal data, a clear relationship should be established between this Regulation and Regulation (EC) No 45/2001The EU institutions and bodies should process personal data in full compliance with the rights of the individuals to whom the data pertain, as laid down 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.
Amendment 10 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 11 #
Proposal for a regulation
Recital 17
Recital 17
(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. Tthat relate 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 should bare 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.
Amendment 12 #
Proposal for a regulation
Article 3 – point a
Article 3 – point a
a) «document» means any content, whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording), drawn- up byon 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’s 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;
Amendment 13 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
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:
Amendment 14 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
a) documents relating to a matter where the decision has not been taken when disclosure could influence the outcome of that decision;
Amendment 16 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
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 informationn 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 relates to emissions into fundamental rights or the right to live in a healthey environment.
Amendment 20 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)