Activities of Michael CASHMAN related to 2008/0090(COD)
Plenary speeches (12)
Public access to European Parliament, Council and Commission documents (A6-0077/2009, Michael Cashman)
Public access to European Parliament, Council and Commission documents (A6-0077/2009, Michael Cashman)
Public access to European Parliament, Council and Commission documents (A6-0077/2009, Michael Cashman) (vote)
Public access to European Parliament, Council and Commission documents (A6-0077/2009, Michael Cashman) (vote)
Public access to European Parliament, Council and Commission documents (A6-0077/2009, Michael Cashman) (vote)
Public access to European Parliament, Council and Commission documents (debate)
Public access to European Parliament, Council and Commission documents (debate)
Public access to European Parliament, Council and Commission documents (A7-0426/2011 - Michael Cashman) (vote)
Public access to European Parliament, Council and Commission documents (debate)
Public access to European Parliament, Council and Commission documents (debate)
Public access to European Parliament, Council and Commission documents (debate)
Public access to European Parliament, Council and Commission documents (debate)
Reports (2)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (recast) PDF (537 KB) DOC (791 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (recast) PDF (458 KB) DOC (642 KB)
Amendments (21)
Amendment 1 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (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.
Amendment 2 #
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 3 #
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 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 tools for the exploitation of the system;
Amendment 4 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
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 documentsprivacy and the integrity of the individual, the exceptions may, if necessary, continue to apply after this period.
Amendment 5 #
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 - which has not been transmitted inby the framework of procedures leading to a legislative act or a non-legislative act of general applicMember 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 oin specificequivalent provisions inof 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, or objects on the basis of Article 296(1)(a) EC that the disclosure would be contrary to its essential security interests.
Amendment 6 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
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.
Amendment 7 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The institutions shall immediately take the measures necessary to establish a register which shall be operational by 3 June 2002. 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: – 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), – agendas and summaries of meetings and documents prepared before meetings for circulation, as well as other documents circulated during meetings. Each institution shall: – by ...*, adopt and publish internal rules concerning the registration of documents, – 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.
Amendment 8 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Amendment 64 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (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.
Amendment 70 #
Proposal for a regulation
Recital 18
Recital 18
(18) All rules concerning access to documents of the institutions should be in conformity with this RegulationIn accordance with Article 255(2) of the EC Treaty, this Regulation details the general principles and limits on grounds of public or private interest governing the right of access to documents which all other EU rules should comply with.
Amendment 73 #
Proposal for a regulation
Article 1 – point b a (new)
Article 1 – point b a (new)
(b a) to establish common rules governing the re-use of information and documents held by the institutions by implementing, 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*. * OJ L 345 , 31.12.2003, p. 90.
Amendment 74 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Beneficiaries and scope Beneficiaries
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 81 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 85 #
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) «'document»' shall 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 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 otherwise registered, or received by an institution; data contained in electronic storage, processif one or more printouts or electronic-format copies using the tools reasonably available 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 extract existing system, shall take into account the impact on the right of access guaranteed inby the form of a printout or electronic-format copy using theis 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 90 #
Proposal for a regulation
Article 3 – point a b (new)
Article 3 – point a b (new)
(ab) 'legislative documents' shall mean documents drawn up or received in the course of procedures for the adoption of acts, including under delegated powers, which are of general scope, which are legally binding in or for the Member States and for the adoption of which the Treaty provides, even on a voluntary basis, for the intervention or association of the European Parliament;
Amendment 110 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. As regards third-party documents, they shall be disclosed by the institution shalls without consulting 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 disclosedoriginator if it is clear that none of the exceptions in this 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.