Parliament trilogue docs RDE

Peter made this access to documents request to European Parliament

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Dear Madam, Sir,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

- All four-column documents related to the trilogue talks on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information 2019/0101(COD)

- All draft agendas for trilogue talks on the above-mentioned proposal

- Other relevant documents, like letters from and to parliament, related to this proposal

Sincerely,
Peter Teffer

postal address:
Peter Teffer
Ekko Voorkamer
Bemuurde Weerd WZ 3
3513 BH Utrecht
The Netherlands

AccesDocs, European Parliament

1 Attachment

Dear Mr Teffer,

 

The European Parliament hereby acknowledges receipt of your application
for public access to documents, registered on 23 November 2020, under the
reference A(2020) 13078.

All applications 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. In accordance
with that Regulation, your application will be handled within 15 working
days from its registration.

 

Your personal data will be processed in accordance with Regulation (EU)
2018/1725 of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data.

The European Parliament reserves the right to ask for additional
information regarding your identity in order to verify compliance with
Regulation (EC) No 1049/2001 and the European Parliament’s implementing
measures.

 

Your attention is drawn to the fact that you have lodged your application
via the AsktheEU.org website, which is a private website not affiliated
with the European Parliament. Therefore, the European Parliament cannot be
held responsible for any technical issues or problems linked to the use of
that system.

 

In addition to that, please note that any personal data that you provide
by using AsktheEU.org website may be disclosed to the general public and
visible on that private website. The European Parliament cannot be held
responsible for such disclosure. Should you need to communicate directly
to Parliament any personal data and would like to avoid public disclosure,
you may do so from your private email address by using the following
functional mailbox address: AccesDocs[at]europarl.europa.eu .

 

Kind regards,

 

[1]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[2][email address]
[3]www.europarl.europa.eu/RegistreWeb

 

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AccesDocs, European Parliament

1 Attachment

Dear Mr Teffer,

 

Parliament's time limit for responding to your request registered on 23
November 2020 expires today.  Due to the necessary interinstitutional
consultations, the assessment of your request is being finalised at the
moment.  Therefore, the time limit is extended, in accordance with Article
7(3) of Regulation 1049/2001 by a further 15 working days.

 

However, Parliament is likely to be in a position to respond before the
expiration of the new deadline.

We thank you for your understanding and apologise for any inconvenience.

 

Kind regards,

 

 

[1]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[2][email address]
[3]www.europarl.europa.eu/RegistreWeb

 

References

Visible links
2. mailto:[email address]
3. http://www.europarl.europa.eu/RegistreWeb

Dear Madam, Sir,

I refer to my application for public access to documents, registered on 23 November 2020, under the reference A(2020) 13078. The European Parliament informed me that it needed more time to respond because of "necessary interinstitutional consultations".

Could you clarify, which interinstitutional consultations are necessary to comply with my request?

Sincerely
Peter Teffer

AccesDocs, European Parliament

1 Attachment

Dear Mr Teffer,

 

You requested access to "documents related to the trilogue talks".  These
documents are Commission's and Council's documents too.

In compliance with Article 4.4 of Regulation (EC) No 1049/2001 the
interinstitutional consultation is required with regard to the detailed
analysis of all legal aspects of your application.  The coronavirus
pandemic and containment measures adopted by the European Parliament
affect also the timely handling of your application.

 

We apologize for the inconvenience and thank you for your understanding.

Kind regards,

 

[1]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[2][email address]
[3]www.europarl.europa.eu/RegistreWeb

 

 

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Dear Madam, Sir,

I refer to my application for public access to documents, registered on 23 November 2020, under the reference A(2020) 13078.

The European Parliament should have replied by now, according to Article 7 of Regulation 1049/2001. Please reply to my application without delay.

When doing so, please take into account Court of Justice ruling T‑540/15, known as the case De Capitani v European Parliament.

As the Court said in March 2018, trilogue documents "are related to legislative procedures and cannot, in principle, be treated differently from other legislative documents". The Court concluded that the trilogue tables form part of the legislative process.

The Court explicitly said that "as regards the assertion that access, during a trilogue, to the fourth column of the documents at issue would increase public pressure on the rapporteur, shadow rapporteurs and political groups, that, in a system based on the principle of democratic legitimacy, co-legislators must be held accountable for their actions to the public. If citizens are to be able to exercise their democratic rights they must be in a position to follow in detail the decision-making process within the institutions taking part in the legislative procedures and to have access to all relevant information (judgment of 22 March 2011, Access Info Europe v Council, T‑233/09, EU:T:2011:105, paragraph 69). Furthermore, Article 10(3) TEU states that every citizen is to have the right to participate in the democratic life of the Union and that decisions are to be taken as openly and as closely as possible to the citizen. Thus, the expression of public opinion in relation to a particular provisional legislative proposal or agreement agreed in the course of a trilogue and reflected in the fourth column of a trilogue table forms an integral part of the exercise of EU citizens’ democratic rights, particularly since, as noted in paragraph 72 above, such agreements are generally subsequently adopted without substantial amendment by the co-legislators."

Looking forward to a quick reply,
Sincerely,
Peter Teffer

AccesDocs, European Parliament

4 Attachments

Dear Mr Teffer,

 

In reply to your request dated 23^rd November 2020*, please find enclosed
the documents issued at that time regarding the interinsitutional
negotiations on the procedure 2019/0101(COD) on the proposal for a
regulation of the European Parliament and of the Council amending
Regulation (EC) No 715/2007 on type approval of motor vehicles with
respect to emissions from light passenger and commercial vehicles (Euro 5
and Euro 6) and on access to vehicle repair and maintenance information 
([1]COM(2019)0208 – C9‑0009/2019 – [2]2019/0101(COD)) 
[3]https://oeil.secure.europarl.europa.eu/o...

 

- Agendas 09.10.2020 and 10.11.2020,

- 4collumn document

Since the process is still ongoing, mere documents will be produced that
you can request by submitting a new request.

 

You may also be interested to follow the meetings of the Environment
Committee
[4]https://www.europarl.europa.eu/committee... ;
information on the ongoing trialogues is communicated in the beginning of
the meetings under item Report back on ongoing interinstitutional
negotiations.

 

The latest information on the interinstitutional negotiations regarding
the procedure 2019/0101(COD) was given during the ENVI meeting of
10.12.2020

- Agenda
[5]https://www.europarl.europa.eu/meetdocs/...

- webstream (13.54 pm)
[6]https://multimedia.europarl.europa.eu/en...

 

On this basis Parliament considers your request handled and the file
closed. Please do not hesitate to submit a new request should you identify
specific Parliament documents to which you would like to request public
access to.

 

Kind regards,

 

*Please note Parliament's office closing days between
23.12.2020-03.012021.

[7]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[8][email address]
[9]www.europarl.europa.eu/RegistreWeb

 

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