12 Amendments of Margrete AUKEN related to 2008/0090(COD)
Amendment 14 #
Proposal for a regulation
Article 2
Article 2
Amendment 15 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (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.
Amendment 16 #
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) "document" shall means any data or 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, processiconcerning 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 and retrieval systems are documents if they can be extracted in the form of a printout or electronic-format copy using the 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 tools for the exploitation of the system;
Amendment 17 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the internal public security including the safety of natural or legal personof the European Union or of one or more of its Member States;
Amendment 18 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) legal advice and court, arbitration and dispute settlemendealing with court proceedings;
Amendment 19 #
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(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 proceeduresings leading to the recruitment of staff until a decision has been taken by the appointing authority.
Amendment 20 #
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 informationWhen balancing the public interest in disclosure, special weight shall be given to the fact that the requested documents relates to emissions into thethe protection of fundamental rights or the right to live in a healthy environment.
Amendment 21 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Names, titles and functions of public office holders, civil servants and interest representatives in relation withPersonal 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: – if the data relate solely to their professional activities shall be disclosedof 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 the persons concerned. Oat person or other persons related to him or her; – if the data have already been published with the consent of ther person concerned. Personal data shall nevertheless be disclosed inf 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. n 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.
Amendment 23 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The exceptions as laid down in this Article shall onlynot apply for the period during which protection is justified on the basis of the content of the documentto 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 mashall only 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 sensitivthe period during which protection is justified on the basis of the content of the documents, t. The exceptions may, if necessary, continue to apply after this period apply for a maximum period of 30 years.
Amendment 24 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Consultations 1. As regards tThird-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 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.
Amendment 25 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where an application concerns a document originating from a Member State, other than documents transmitted in the framework of procedures leading to a legislative act or a non-legislative act of general applic: – 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 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 oin specificequivalent provisions in its own legislation preventing disclosure of the document concernedor objects on the basis of Article 346 (1)(a) TFEU that the disclosure would be contrary to its essential security interests. The institution shall appreciatessess the adequacy of reasons given by the Member State insofar as they are based on exceptions laid down in this Regulation.
Amendment 26 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
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.