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EU-Abgeordnete: Jegliche Gesetzgebung sollte veröffentlicht werden

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Veröffentlicht 12. März 2009, aktualisiert 29. Januar 2010

Die gesamte EU-Gesetzgebung der Öffentlichkeit zugänglich zu machen, müsse ein grundlegendes Prinzip der Union sein, entschied das Europäische Parlament gestern (11. März 2009). Jedoch verschoben die Europaabgeordneten gesetzgebende Abstimmung zu dem Thema, um den EU-Institutionen mehr Zeit zu geben, eine Vereinbarung zu noch ausstehenden Fragen, wie z.B. dem Datenschutz, zu treffen.

MEPs were voting on a report drafted by UK Labour MEP Michael Cashman regarding the revision of a 2001 Regulation on the right of public access to EU documents. 

The report, adopted with 439 votes in favour to 200 against amid 57 abstentions during yesterday's plenary session in Strasbourg, amends Commission plans to improve public access to EU documents published last April. 

Legislative vote postponed 

Despite adopting Cashman's report, MEPs decided to postpone their vote on an accompanying legislative resolution until a later date, returning the dossier to the committee on civil liberties, justice and home affairs in an attempt to get all three EU institutions to agree on the file before first-reading. 

With EU elections set for June, the legislative vote was postponed until after the summer to give the European Commission the opportunity "to modify its proposal" and allow MEPs to "negotiate a first-reading agreement with the Council" after the beginning of a new parliamentary term, the Parliament said in a statement. 

"The Council will then be chaired by the Swedish Presidency, which has made a priority of the issue of transparency and already welcomed the Cashman report in a public declaration," MEPs further explained. 

New definition of 'document' 

The report defines 'document' as "any data or content, whatever its medium, concerning a matter related to the policies, activities and decisions falling within the institutions' sphere of responsibility". 

MEPs demanded that legislative dossiers be made completely public, including the positions of national delegations to the Council, and called on the EU institutions to make sure that "all documents" are contained in their registers. 

The Parliament stressed that legislative documents "should always be available to the public and may not be kept secret on the grounds that this could undermine the decision-making process of the institutions". 

New 'EU top secret' category 

The Parliament established a scale for classifying documents. Should their disclosure be considered harmful to EU or national interests, files could be held back as 'EU restricted' or 'EU top secret'. 

Documents whose unauthorised disclosure "could harm the interests of the EU or its member states" can be classified as ‘EU top secret’, but not if they concern legislative procedures. 

Moreover, satisfactory reasons for refusing public access must be given. Documents to which access could be denied under this clause include those containing information related to "the privacy or integrity of an individual". 

National veto right eliminated 

"Documents originating from a member state should also be disclosed" after consulting the government concerned, but such consultation "does not give them a right of veto," MEPs said. 

"Member states shall seek to ensure that an equivalent level of transparency is granted in relation to national measures implementing acts of the EU," the report declared.

Towards a single EU portal 

MEPs called for the creation of a single EU web portal to house documents from all three institutions, including "preparatory documents, impact studies [and] legal opinions". 

The Parliament wants information officers to be appointed by the EU institutions, responsible for ensuring that access to documents rules are correctly applied. All departments and directorate-generals "should designate a person responsible for ensuring that the regulation is properly implemented," the report stated. 

 MEPs' privacy protected 

MEPs were quick to introduce measures to protect their political activity and independence. "Documents and electronic records that an MEP has received, drafted or sent are not to be considered as 'documents' in the sense of this regulation, as they are covered [by the MEPs' statute]," the report stated. 

Renewed call for common EU lobbyists' register 

The Parliament's report also reiterated MEPs' desire to establish an inter-institutional lobbyists' register, making public "the names, titles and functions" of lobbyists and EU officials "unless this information would affect the privacy or integrity of the individual". 

The EU institutions will now attempt to reach agreement on the amended law in the autumn, once the new Parliament and the Swedish EU Presidency have begun their work. 

Stellungnahmen: 

Expressing her group's support for "full public access to the documents of the European Union's institutions," Swedish centre-right MEP Charlotte Cedershiöld, the EPP-ED group's rapporteur on the Cashman report, nevertheless expressed satisfaction that the report had been referred back to the committee on civil liberties, justice and home affairs. 

"During the renewed consideration in committee, the EPP-ED Group will seek to strike a fair balance between full openness and access to the documents of the EU institutions, on the one hand, and full protection of sensitive private and commercial data, on the other," Cedershiöld declared. 

"This legislation will deeply affect the functioning of the institutions of the European Union. We therefore think that it is fair that the proposal, as amended by Parliament, be referred back to committee for renewed consideration and to allow for discussions between the institutions," the MEP continued. 

"It is my hope that the three main actors in EU law-making will be able to find common ground on this issue," she added. 

Expressing satisfaction with the Parliament's position, Finnish MEP Anneli JäätteenmäkiALDE spokesperson on constitutional affairs, said "we hope to work with the incoming Swedish Presidency to find an agreement with the Commission and the Council on a revision of the regulation that goes in the direction of more transparency". 

Describing the Commission proposal as a "step back from the current rules," Jäätteenmäki appealed to the other institutions "to work on the basis of the EP proposals," because "any other way would send a negative signal towards EU citizens and all those seeking to understand the European Union better". 

ALDE MEP Marco Cappato (Radicals, Italy), who had prepared an earlier opinion for parliament setting out the framework for the revision of the regulation, commented: "The report marks an important step towards a more transparent, open and accountable EU. It obliges EU institutions to ensure publication of all legislative documents, the Council to make public how national governments vote and what they propose in EU Council meetings and the Commission to keep updated registers of all documents." 

"Member states' documents on the implementation of EU legislation and policies will have to be public, as well as legal service opinions concerning legislation prepared by EU bodies. Information stored in databases and data are now covered by the definition of document. An amendment on financial transparency I proposed was also approved in plenary - unfortunately without full support from PES and EPP opposition - requesting full financial transparency, accessible via a website and database," Cappato continued. 

Speaking in a Parliament debate the day before the vote, Swedish GUE/NGL MEP Eva-Britt Svensson said "openness must be the main principle - secrecy can only be an exception that is decided upon on a case by case basis". 

According to Svensson, all documents must be subject to transparency rules as soon as they are drafted. "Many decisions have been transferred and are now taken at the EU level, but openness and transparency have not followed. Citizens are aware of this and this is one of the causes of low participation in EU elections," she stressed. 

"Citizens feel - often rightly so - that decisions are made in the EU without them being able to inform themselves and that therefore they do not have the possibility to discuss, debate or influence decision-makers," Svensson said, calling for the promotion of dialogue between citizens and decision-makers and a "much wider range of documents to be made available for public scrutiny," the MEP concluded. 

Welcoming yesterday's vote, EU Ombudsman P. Nikiforos Diamandouros expressed his satisfaction that "the European Parliament has, in effect, asked the Commission to rethink and modify its proposals". "I very much hope that the Commission will agree to do so," he added. 

The Ombudsman wants the Cashman report "to serve as a basis for a common position acceptable to all institutions and benefiting all European citizens to be reached under the Swedish EU presidency in the second half of 2009". 

Moreover, Diamandouros told EurActiv last month that "it will be a big event for citizens if the Council moves forward on access to documents in the autumn". Sounding a cautious note, however, the Ombudsman warned that "it's one thing to have declarations, but it's quite another to see how they're applied". 

"I would be inclined to think that if [incoming EU presidency holder] Sweden doesn't get an advancement of the current regime, it will drop the [current] proposals for fear of going back on what we already have," the Greek said. 

Nächste Schritte: 
  • 27 April 2009: Ombudsman to present his annual report for 2008. 
  • After EU elections: Parliament, Council and Commission to attempt to reach agreement on the revision of access to documents legislation. 
  • July-Dec. 2009: Swedish EU Presidency. 
Hintergrund : 

Entitlement to access European Commission, European Parliament and EU Council documents is considered a fundamental right of European citizens and a key element of the wider debate surrounding the transparency and openness of the EU institutions. 

The Parliament's Cashman report on access to documents, approved yesterday after being adopted at committee level on 17 February (EurActiv 10/02/09), builds on an earlier text drafted by Italian MEP Marco Cappato (ALDE) adopted in January (EurActiv 15/01/09). 

The Commission adopted a Green Paper on public access to EU documents in April 2007. Meanwhile, citizens' rights in this field are set out in a 2001 Regulation on public access to Parliament, Council and Commission documents, to which the EU executive proposed amendments in April 2008. MEPs are currently working in tandem with the Council to revise the legislation under the co-decision procedure. 

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