Auf Mastodon teilen

REF : A(2019)2481 Ihre Nachricht ist beim Europäischen Parlament eingegangen. Anträge auf Zugang der Öffentlichkeit zu Dokumenten werden gemäß der Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und der Kommission bearbeitet. Im Einklang mit der genannten Verordnung wird Ihr Antrag innerhalb von 15 Arbeitstagen ab der Registrierung Ihrer Anfrage bearbeitet. Ihre personenbezogenen Angaben werden in Übereinstimmung mit der Verordnung (EG) Nr. 45/2001 vom 18. Dezember 2000 zum Schutz natürlicher Personen bei der Verarbeitung personenbezogener Daten durch die Organe und Einrichtungen der Gemeinschaft und zum freien Datenverkehr verarbeitet. Bei Zweifeln bezüglich Ihrer Identität behält sich das Europäische Parlament das Recht vor, um die Übermittlung weiterer Angaben zu ersuchen. <<E-Mail-Adresse>> TRANSPARENCY UNIT European Parliament Directorate-General for the Presidency Interinstitutional Affairs and Legislative Coordination www.europarl.europa.eu/RegistreWeb<http://www.europarl.europa.eu/RegistreWeb> <<E-Mail-Adresse>> und E-Mail-Adresse>>

Dear Transparency Unit, please pass this on to the person who reviews confirmatory applications. The decision by the European Parliament to delay my information request constitutes maladministration. In violation of Article 7(1) of 1049/2001, it has not handed out the requested 4-column-documents of the trilogues concerning European Border and Coast Guard 2018/0330(COD) as well as Protection of persons reporting on breaches of Union law 2018/0106(COD). There is no reason for the Parliament to delay my request. As the General Court of the European Union has stated in its judgment in case T-450/15 (de Capitani v European Parliament), 4-column documents have to be given out on request. There is no room for the Parliament to deliberate on this matter. As regulation 1049/2001 has set out a reasonable timeframe for answering such requests, overstepping these is not acceptable. According to Article 12 (2), “legislative documents, that is to say, documents drawn up or received in the course of procedures for the adoption of acts which are legally binding in or for the Member States, should, subject to Articles 4 and 9, be made directly accessible.” The requested documents fall under this article. As the General Court notes, the recourse to informal trilogues is frequent: “The legislature itself recognises them as an integral part of the legislative procedure, being used in 70 to 80% of legislative procedures.” As there is an obvious urgency to be transparent about these ongoing procedures, an extension of the time limit in this case appears to seriously undermine the effect of regulation 1049/2001. According to Article 7(3) the time limit for requests can only be extended “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”. This is not one of these cases. Instead, the requested documents have to be given out “promptly”, as set out in Article 7 (1). With regards, Arne Semsrott Anfragenr: 59453 Antwort an: <<E-Mail-Adresse>> Postanschrift Arne Semsrott Open Knowledge Foundation Deutschland e.V. << Adresse entfernt >>

Dear Ombudsman Office, I would like to complain about the Parliament handling my 1049/2001 request. You can find all correspondence as well as my confirmatory application to the Parliament here: https://fragdenstaat.de/a/59453 Please review this complaint as part of your fast-track procedure, if possible. The decision by the European Parliament to delay my information request constitutes maladministration. In violation of Article 7(1) of 1049/2001, it has not handed out the requested 4-column-documents of the trilogues concerning European Border and Coast Guard 2018/0330(COD) as well as Protection of persons reporting on breaches of Union law 2018/0106(COD). There is no reason for the Parliament to delay my request. As the General Court of the European Union has stated in its judgment in case T-450/15 (de Capitani v European Parliament), 4-column documents have to be given out on request. There is no room for the Parliament to deliberate on this matter. As regulation 1049/2001 has set out a reasonable timeframe for answering such requests, overstepping these is not acceptable. According to Article 12 (2), “legislative documents, that is to say, documents drawn up or received in the course of procedures for the adoption of acts which are legally binding in or for the Member States, should, subject to Articles 4 and 9, be made directly accessible.” The requested documents fall under this article. As the General Court notes, the recourse to informal trilogues is frequent: “The legislature itself recognises them as an integral part of the legislative procedure, being used in 70 to 80% of legislative procedures.” As there is an obvious urgency to be transparent about these ongoing procedures, an extension of the time limit in this case appears to seriously undermine the effect of regulation 1049/2001. According to Article 7(3) the time limit for requests can only be extended “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”. This is not one of these cases. Instead, the requested documents have to be given out “promptly”, as set out in Article 7 (1). It would be very helpful if the Ombudsman could recommend immediate disclosure of documents for these kinds of cases. Thank you. With regards, Arne Semsrott Anhänge: - 59453.pdf - 2019-02-28_1-image001.png - 2019-03-20_1-image001.png Anfragenr: 59453 Antwort an: <<E-Mail-Adresse>>

Dear Mr Semsrott, Parliament cannot accept your below confirmatory application. Article 7(2) of Regulation (EC) 1049/2001 provides that "in the event of a total or partial refusal, the applicant may, within 15 working days of receiving the institution's reply, make a confirmatory application asking the institution to reconsider its position." Parliament had not yet set its initial position on the disclosure of the requested documents at the time of your sending the email asking for a confirmatory review. Parliament had merely notified to you the extension of the time limit to reply to your initial application on the basis of Article 7(3) of Regulation (EC) 1049/2001. Since there is not yet an explicit or implicit decision on the disclosure of the requested documents, you cannot possibly challenge Parliament's position on the disclosure of those very documents. Contrary to what you assert in your below email, the Court did not rule in case T-450/15 de Capitani v European Parliament that all 4 column documents have to be given out on request. It ruled that Parliament had not stated valid reasons to refuse access to the multicolumn tables at issue in that case, and it annulled Parliament’s decision to refuse access to the 4 columns documents at issue in that case accordingly. As stated in paragraph 86 of the judgment, the Court stressed that the case was “concerned solely with access to the fourth column of the documents at issue, which may take place only on specific request lodged pursuant to that regulation” and that it did not concern direct access to trilogue documents. Besides, the Court did not exclude that the risk of external pressures could constitute a legitimate ground for restricting access to some multicolumn tables. Parliament assesses application's for public access to trilogue multicolumn tables as required by Regulation (EC) No 1049/2001 and in light of case T-450/15 de Capitani v European Parliament. Since multicolumn tables are produced by and shared between the Parliament, the Council and the Commission, Parliament may have to consult the Council and the Commission on the full /partial disclosure of the same documents, in line with Article 4(4) of Regulation (EC) No 1049/2001. It may equally have to extend the time limit to reply in accordance with Article 7(2) of the same regulation. You may nevertheless expect an initial reply to your application very soon. Kind regards, TU TRANSPARENCY UNIT European Parliament Directorate General for the Presidency Directorate for Inter-Institutional Affairs and Legislative Coordination Public Register webpage <<E-Mail-Adresse>>

Dear TU, thank you for publishing the requested documents. As there are only the initial versions from February published, please send to me all newer version of the multi-column-documents as well. Please be informed that my confirmatory application referred to Article 7 (4) of 1049/2001: "Failure by the institution to reply within the prescribed time-limit shall entitle the applicant to make a confirmatory application." This was indeed the case. Mit freundlichen Grüßen Arne Semsrott Anfragenr: 59453 Antwort an: <<E-Mail-Adresse>> Postanschrift Arne Semsrott Open Knowledge Foundation Deutschland e.V. << Adresse entfernt >>

Dear Ombudsman Office, after recieving my confimatory application, the Parliamenthas just published the initial versions of the 4-column documents (but not later versions). I would still find a recommendation on publishing such documents very helpful, but my request to you for help in this case is not as urgent anymore. Thank you very much. Best regards, Arne Semsrott Anfragenr: 59453 Antwort an: <<E-Mail-Adresse>> Postanschrift Arne Semsrott Open Knowledge Foundation Deutschland e.V. << Adresse entfernt >>

Dear TU, thank you for your response. Please send me all newer version of the multi-column documents. If there is a reason why this was not included in my first request, please register it as a new one. We disagree on the interpretation of "prescribed time". The time frame is 15 working days. Only in exceptional cases this can be prolongued. As this was not an exceptional case, the prescribed time was still 15 working days, not 30. Mit freundlichen Grüßen Arne Semsrott Anfragenr: 59453 Antwort an: <<E-Mail-Adresse>> Postanschrift Arne Semsrott Open Knowledge Foundation Deutschland e.V. << Adresse entfernt >>

Our ref.: A(2019)3741 - ack. of receipt Dear Mr Semsrott, The European Parliament received and registered your below your request on 26 March 2019. It was registered as a new application under the reference A(2019)3741. All requests for public access to documents are treated in compliance with Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents. All your personal data is processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of the individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. In case of doubts regarding your identity, the European Parliament reserves the right to ask for the transmission of additional information. Kind regards, TU TRANSPARENCY UNIT European Parliament Directorate General for the Presidency Directorate for Inter-Institutional Affairs and Legislative Coordination Public Register webpage <<E-Mail-Adresse>>