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EU: REVISION OF THE REGULATION ON ACCESS TO DOCUMENTS: Talks start between the Council and the European Parliament

01 June 2012

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Last week there was a "technical meeting" between between the EP Rapporteur, Michael Cashman MEP and Mrs Jaatteenmaki MEP from the parliament, the Council Presidency and European Commission. This was not a full 2nd reading "trilogue" involving the Rapporteur and Shadow Rapporteurs from each of the political groups. The Council presented an: Informal Drafting Note (pdf)

One of the changes concerns "Direct access to documents" (Article 12 (or new Article 3a). This appears to meet the Lisbon Treaty and the European Parliament's concerns for full access to all documents concerning the legislative process. However, this would be subject to the following exceptions: a) Article 4 (ie: public security and international relations), b) Article 9 Classified documents (including "Restricted" documents who disclosure could be "disadvantageous", c) the Council (and Commission's) new Article 3a which redefine a "document" and would enormously limit access only to those that are "finalised" (ie: no previous drafts would be public) and d) Article 4.3 where access to documents can be refused (as they regularly are) were disclosure could "undermine" the decision-making process. (More follows)

Tony Bunyan, Statewatch Director, comments:

"This proposal, together with a new inter-institutional website, would appear to be a big step forward. But once all the exceptions and grounds for not including swathes of documents is taken into account it would lead to a nearly meaningless change and leave the people and civil society in the dark about the real issues and debates that have taken place behind closed doors."

The political groups in the European Parliament are now commenting on this Council Note. On the Council side its position will next be discussed in the Working Party on Information on 8 June and then in COREPER on 13 June. The Danish Council Presidency says it wants to complete the whole process by the end of June (a usual ploy by all of the six-monthly Council Presidencies)

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EU: REVISION OF THE REGULATION ON ACCESS TO DOCUMENTS: Consolidation text of the Council of the European Union's position as at 5 June

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EU: REVISION OF THE REGULATION ON ACCESS TO DOCUMENTS: Statewatch Analysis: Revision of the Regulation on access to documents: Comments on the Council’s Informal Drafting Note by Professor Steve Peers

 

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