Access to
documents
and
information
Staff Guidance
Handbook on Transparency
EP
E RS | Eu
E rop
r ean Parl
ar iamentary
r Researc
ar h Servic
r e
Unité Transparence, accès aux docu
T m
ra ent
nsp sa e
r t
e re
nc lyat
Uions
nit avec les représentants d'intérêt
European Parliament
European Parliament
September 2014
March 2015
C O N T E N T S
T I T L E I
R U L E S O N A C C E S S T O D O C U M E N T S A N D I N F O R M A T I O N
C H A P T E R I
S P E C I F I C R U L E S O N A C C E S S T O D O C U M E N T S A N D
I N F O R M A T I O N
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I.1
ACCESS TO DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
I.1.1
Regulation (EC) No 1049/2001
I.1.2
The European Parliament’s Rules of Procedure
I.1.3
Bureau decisions on public access to Parliament’s documents
I.1.4
Internal rules on handling confidential documents
I.2
ACCESS TO INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0
I.2.1
Guide to the obligations of officials and other servants of the European Parliament
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C H A P T E R I I
O T H E R A P P L I C A B L E R U L E S O N A C C E S S T O D O C U M E N T S O R
I N F O R M A T I O N
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
II.1
REGULATION (EC) NO 45/2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2
I .1.1
The framework
I .1.2
The transfer of personal data to recipients subject to the national law of a Member State
adopted pursuant to Directive 95/46/EC
I .1.3
The prohibition on processing certain categories of data
II.2
THE FINANCIAL REGULATION AND ITS RULES OF APPLICATION . . . . . . . . . . . . . 1 4
I .2.1
The framework
I .2.2
Requests for access to documents and information on procurement procedures
I .2.3
Requests for access to documents and information on procedures for grant award procedures
2
T I T L E I I
I N P R A C T I C E : H A N D L I N G R E Q U E S T S F O R D O C U M E N T S A N D
I N F O R M A T I O N
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C H A P T E R I I I
H A N D L I N G E X T E R N A L R E Q U E S T S F O R D O C U M E N T S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
III.1
THE GENERAL FRAMEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6
I I.1.1 The transparency principle
I I.1.2 The general procedure
III.2
TYPICAL CASES OF EXTERNAL REQUESTS FOR DOCUMENTS . . . . . . . . . . . . . . . . 1 7
I I.2.1 External request for documents that are part of a legislative procedure
I I.2.2 External requests for legal documents
I I.2.3 External requests for declarations of Members' financial interests (DFI)
I I.2.4 External requests for lists of intergroups and their declarations of financial interests
I I.2.5 External requests for documents on financing political parties and European foundations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C H A P T E R I V
H A N D L I N G E X T E R N A L R E Q U E S T S F O R I N F O R M A T I O N
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IV.1
THE GENERAL FRAMEWORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0
IV.1.1 The general procedure
IV.2
TYPICAL CASES OF EXTERNAL REQUESTS FOR INFORMATION . . . . . . . . . . . . . . . 2 0
IV.2.1 External requests for general information
IV.2.2 External requests for specific information
IV.2.3 External requests for specific information involving several departments
IV.2.4 Requests for information from journalists
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C H A P T E R V
H A N D L I N G E X T E R N A L R E Q U E S T S
F O R D O C U M E N T S A N D I N F O R M A T I O N : S P E C I F I C C A S E S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
V.1
EXTERNAL REQUESTS FOR DOCUMENTS AND INFORMATION RELATING TO
PETITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2
V.1.1
Requests for documents and information by a petitioner
V.1.2
Requests for documents by third parties introduced under Regulation 1049/2001
V.2.
EXTERNAL REQUESTS FOR DOCUMENTS AND INFORMATION CONCERNING
PUBLIC PROCUREMENT OR GRANT AWARD PROCEDURES . . . . . . . . . . . . . . . . . . . . . .2 3
V.2.1
External requests for documents and information relating to procurement contracts
V.2.2
External requests for documents and information relating to grants
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C H A P T E R V I
H A N D L I N G I N T E R N A L R E Q U E S T S F O R D O C U M E N T S A N D
I N F O R M A T I O N
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VI.1
INTERNAL REQUESTS FOR DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5
VI.1.1 Internal requests for documents: general procedure between departments
VI.1.2 MEPs' requests for documents: consultation procedure
VI.1.3 MEPs' requests for information products
VI.1.4 Staff requests for documents for professional purposes
VI.2
INTERNAL REQUESTS FOR INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
VI.2.1 MEPs' requests for information: general procedure
VI.2.2 MEPs' requests sent to the Members' Hotline
VI.2.3 MEPs' requests for practical information: One-Stop Shop
VI.2.4 Staff requests for information for professional purposes
4
T I T L E I I I
I N T E R I N S T I T U T I O N A L C O O P E R A T I O N
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C H A P T E R V I I
C O O P E R A T I O N W I T H O T H E R E U I N S T I T U T I O N S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VII.1 H A N D L I N G R E Q U E S T S F O R D O C U M E N T S A N D
I N F O R M A T I O N B E T W E E N I N S T I T U T I O N S . . . . . . . . . . . . . . . . . . . . . . 2 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C H A P T E R V I I I
C O O P E R A T I O N W I T H T H E M E M B E R S T A T E S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VIII.1 H A N D L I N G R E Q U E S T S F O R D O C U M E N T S A N D
I N F O R M A T I O N F R O M M E M B E R S T A T E S '
A U T H O R I T I E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0
5
STAFF GUIDANCE ON ACCESS TO
DOCUMENTS AND INFORMATION
Introduction
The transparency principle
The first article of the Treaty on European Union (TEU) states that decisions are taken as openly
as possible (i.e. with transparency) and as closely as possible to the citizens.
Under the principle of transparency every EU citizen has the right to ask the European
administration for documents or information. The legal basis of this right of access is the Treaty
on the Functioning of the European Union (TFEU):
Article 15(3) for documents,
Article 24(4) for information, and in accordance with the principle of good
administration as defined in Article 41 of the Charter of Fundamental Rights of the
European Union and Article 298 of the TFEU.
The European Parliament has also enshrined the principle of transparency in its rules of
procedure, which state that:
Parliament shall ensure that its activities are conducted with the utmost transparency,
its debates shall be public,
committees shall normally meet in public.
Title I of this Guide sets out the rules governing the right of access to documents and
information.
Title I deals with the procedures and practices used by the departments most directly involved,
such as the Unit for Transparency Unit, the Citizens' Enquiries Unit, the Legal Service, the
Central Financial Unit and other departments that deal with external requests from members
of the public or with internal requests from MEPs or staff.
Title I I deals with the handling of requests for documents and information in the context of
inter-institutional cooperation.
This guidance has no legal value. It explains best practices and lessons drawn from case law of the Court of
Justice in the field of access to documents and information. This staff guidance has been drafted by the
Transparency unit in cooperation with the Legal Service, the Citizens' Enquiries Unit, Parliament Data
Protection Officer, the Central Financial Unit and other departments to help Parliament services in handling
requests for access to documents and information.
6
This guide has no legal value. It is a compilation of well established
administrative practices and lessons drawn from the Court of Justice's
rulings in the matter, drawn up by the Transparency Unit with assistance
inter alia from the Legal Service, the Citizens' Enquiries Unit, the Data
Protection Officer and the Central Unit of DG FINS to assist the
European Parliament's departments in dealing with requests for
documents and information.
T I T L E I
R U L E S O N A C C E S S T O D O C U M E N T S A N D
I N F O R M A T I O N
Title I sets out the specific rules governing the right of access to documents and information,
and other rules that have to be taken into account when handing such a request.
CHAPTER I
SPECIFIC RULES ON
ACCESS TO DOCUMENTS AND INFORMATION
I.1
ACCESS TO DOCUMENTS
I.1.1
Regulation (EC) No 1049/2001
Regulation (EC) No 1049/20011 (referred to below as 'Regulation 1049/2001') sets out the
framework and the restrictions on the right of access to the EU institutions' documents. It
states:
Any citizen of the Union, and any natural or legal person residing or having its
registered office in a Member State, has a right of access to documents of the institutions,
subject to the principles, conditions and limits defined in this regulation.
Regulation 1049/2001 makes a distinction between initial applications and confirmatory
applications. The first request for application for a document is considered an '
initial
application' (Articles 6 and 7 of Regulation 1049/2001). In the event of a total or partial
refusal, the applicant may submit a second request, a ‘
confirmatory application' (Article
7(2) and Article 8 of Regulation 1049/2001). If access is again refused, the applicant can
make a complaint to the Ombudsman or
institute proceedings before the Court of
Justice.
Under Regulation 1049/2001,
transparency should be the guiding principle when dealing
with any request for access to documents. If access is refused, solid arguments should be
put forward to justify the refusal.
Arguments justifying a refusal should be made on a case-by-case basis, under those
exceptions as set out in Article 4 of Regulation 1049/2001, with the aim of ensuring access
to as much of the content of the document as possible. Apart from documents fal ing
under the exceptions listed in Article 4 and the special arrangements for ‘sensitive
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents (
OJ L 145, 31.5.2001, p. 43).
7
documents’ under Article 9 of Regulation 1049/20012, al of the institutions’ documents
ought, in principle, to be accessible to the public.
This is the
administrative procedure derived from Regulation 1049/2001 (1049/2001
procedure).
I.1.2
The European Parliament’s Rules of Procedure
Rules 115 and 116 of Parliament's Rules of Procedure set out provisions for
transparency
of Parliament’s activities and the conditions for public access to documents. Rule 116
states that:
the term ‘Parliament documents’ means any content within the meaning of Article
3(a) of Regulation 1049/2001, which has been drawn up or received by officers of
Parliament, by Parliament’s governing bodies, committees or interparliamentary
delegations, or by Parliament’s Secretariat,
documents drawn up by individual Members or political groups are Parliament
documents for the purposes of access to documents if they are tabled under the
Rules of Procedure,
Parliament shal establish a register of Parliament documents,
categories of documents which are directly accessible shal be set out in a list
adopted by the Bureau and published on Parliament's website.
I.1.3
Bureau decisions on public access to Parliament’s documents
Alongside Parliament’s internal rules, the Bureau has taken two decisions on public access
to documents held by Parliament:
The decision of 28 November 2001 on rules governing public access to Parliament
documents3,
The decision of 8 March 2010 on documents that are directly accessible and the
electronic register of references (ERR)4.
The Bureau decision of 28 November 2001 covers access to existing documents, those
drawn up by or received by Parliament.
It states that:
requests for information are to be dealt with on the basis of other provisions, (eighth
recital),
2 Under this reglation, ‘sensitive documents’ are documents originating from the institutions or agencies
established by them, the Member States, third countries or International Organisations, classified as ‘ TRÈS
SECRET/TOP SECRET’, ‘SECRET’ or ‘CONFIDENTIEL’ in certain areas.
3 Bureau decision of 28 November 2001 on
Rules governing public access to European Parliament documents,
amended by the Bureau on 22 June 2011 and published in the Official Journal of the European Union (
OJ
C 216, 22.7.2011, p.19).
4 Bureau decision of 8 March 2010, PE 432.279/BUR/Ann 1.
8
the decision does not
govern interinstitutional access to and forwarding of
documents, which are dealt with in interinstitutional agreements (seventh recital),
Members and staff of the institutions have special access rights, which they can
exercise without referring to Regulation 1049/2001 (sixth recital).
The decision of 28 November 2001 also stipulates that Regulation 1049/2001 applies
when any initial request for access to a document is made (see Article 7):
by using the form made available in the electronic register of references (ERR) or
by referring explicitly to the right of access to the documents, as defined under
Regulation 1049/2001.
However, the 1049/2001 procedure does not apply to al requests for documents where a
specific procedure provides for
privileged access. This privileged access is set out in:
Parliament’s Rules of Procedure,
the Staff Regulations,
the Financial Regulation.
The Bureau decision of 8 March 2010 lists
Parliament documents which are
directly
accessible to the public.
This list reflects the structure of the
electronic register of references (ERR), organised by
type of document, such as documents relating to parliamentary activity, Parliament
general information documents, official documents forwarded by other institutions, third-
party documents, budgetary procedures and documents already in the public domain
disclosed in the framework of Regulation 1049/2001.
The ERR is the instrument providing public access to documents, created on Bureau
decision to implement Article 11 of Regulation 1049/2001. The ERR contains document
references; some of these documents are directly accessible and others are accessible on
request.
I.1.4
Internal rules on administrative handling of confidential documents5
The internal rules on the administrative handling of confidential documents set out
special arrangements for dealing with requests for public access to confidential
documents, meaning documents containing ‘classified information’6 or ‘other confidential
information’7. In so far as such a document can be disclosed to the public under
Regulation 1049/2001, declassification and/or unmarking must take place before
disclosure8.
5 Bureau decision of 15 April 2013:
Rules governing the treatment of confidential information by the European
Parliament, OJ C 96, 1.4.2014, p. 1; see also the future implementing measures (
Handling instructions) to be
adopted by the Secretary-General.
6 See Article 2(c) and (d) of the Bureau decision of 15 April 2013.
7 See Article 2(f) of the Bureau decision of 15 April 2013.
8 See in particular the Secretary-General’s handling instructions nos 1 and 6, which are due to be adopted.
9
I.2
ACCESS TO INFORMATION
I.2.1
Guide to the obligations of officials and other servants of the European Parliament
In applying the transparency principle to requests for information, a distinction has to be
made between ‘document’ and ‘information’. This distinction has been defined by:
the European Ombudsman in several opinions,
the Court of Justice in its judgments.
The Bureau decision of 28 November 2001 states that ‘requests for information are to be
dealt with on the basis of other provisions’ (eighth recital). This means that
Regulation
1049/2001 does not apply to requests for information.
Requests for information, in whatever form, are thus dealt with under the
Guide to the
obligations of officials and other servants of the European Parliament or Code of
Conduct adopted by the Bureau on 7 July 20089 and the European Ombudsman’s Code of
Good Administrative Practice, although the latter has not been formal y adopted by
Parliament.
According to Chapter III of the Code of Conduct, dealing with relations with citizens:
Parliament must be as transparent and open as possible and reply to requests for
information in the most appropriate way,
the administration must send a positive or negative reply to applicants as soon as
possible after receiving any request by letter or e-mail,
the administration must send an acknowledgement of receipt if a detailed reply
cannot be provided promptly,
the administration must also ask the applicant for further clarification if the
question is unclear.
Parliament thus has an obligation to respond to applicants. This requirement is al the
more important in that there is a legal obligation to provide information. This is
established under Article 13 of Regulation (EC) No 45/2001 on the protection of
individuals with regard to the processing of personal data by the Community institutions
and bodies and on the free movement of such data (referred to below as ‘Regulation
45/2001’)10, which gives applicants a special right of access to information concerning the
processing of personal data relating to them.
Nevertheless,
Parliament is not obliged to answer communications containing
inappropriate content that is repetitive, abusive or pointless.
9 Bureau decision of 7 July 2008:
Guide to the obligations of officials and other servants of the European
Parliament (PE 422.596/BUR).
10 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the Community institutions and
bodies and on the free movement of such data (
OJ L 8, 12.1.2001).
10
Parliament must refuse to transfer information where there are legal or administrative
limitations or prohibitions on disclosure. Examples include cases where Parliament
considers that the disclosure of information to the general public may breach
confidentiality requirements associated with the information, such as the rights of third
parties or
internal rules on the processing of confidential information11.
11 Bureau decision of 15 April 2013:
Rules governing the treatment of confidential information by the European
Parliament, OJ C 96, 1.4.2014, p. 1; see also the implementing measures (Handling instructions) due to be
adopted by the Secretary-General.
11
CHAPTER II
OTHER APPLICABLE RULES ON ACCESS TO DOCUMENTS OR INFORMATION
II.1
REGULATION (EC) No 45/2001
I .1.1 The framework
The right of access to documents and information is limited by the
principle of
protection of personal data as set out in Regulation 45/2001.
Regulation 45/2001 lays down
the framework and limits for the processing of personal
data and the free movement of such data. It also provides for the transfer of personal
data, depending on whether the recipient is:
(a) a Community institution or body,
(b) a recipient other than a Community institution or body, subject to the national
law of a Member State adopted pursuant to Directive 95/46/CE12,
(c) a recipient, other than a Community institution or body, that is not bound by
Directive 95/46/EC.
Personal data transfers following requests for documents or information from other
Community institutions or bodies and requests by Member State national authorities are
dealt with under Title III of this guide.
Personal data transfers in response to requests from applicants other than Community
institutions or bodies, for documents and information that are not covered by Directive
95/46/EC are subject to specific conditions set out in Article 9 of Regulation 45/2001.
When a request for access to a document or for information is received,
the department
responsible (the department which is author of the document or the department holding
the document or information requested) is required to check whether the document or
information requested contains personal data.
Checking is carried out:
with the help, in particular, of Parliament's Data Protection Officer and, where
appropriate, of the Legal Service,
in accordance with Article 2(a) of Regulation 45/2001,
taking account of Articles 5, 6, 8 and 9 of Regulation 45/2001 and, where necessary,
Article 18 of Regulation 45/2001.
12 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (
OJ L 281,
23.11.1995, p.31).
12
I .1.2 The transfer of personal data to recipients subject to the national law of a Member
State adopted pursuant to Directive 95/46/EC
The transfer of documents or information containing personal data concerning third
parties must meet
the following conditions:
(a)
Lawfulness of processing, which must be justified by one of the following cases
(Article 5 of Regulation 45/2001):
processing is necessary for the performance of a task carried out in the
public interest, or
processing is necessary for compliance with a legal obligation, or
processing is necessary for the performance of a contract, or
the data subject has unambiguously given his or her consent, or
processing is necessary in order to protect the vital interests of the data
subject.
and,
(b)
The necessity of having data transferred (Article 8(b) of Regulation 45/2001).
This must be established by the applicant who wil receive the data and must not
prejudice the
legitimate interests of the person concerned.
To sum up, personal data concerning a third party can be transferred in response to a
request for documents or information only if examination of the request proves that:
the transfer is
lawful,
the
necessity for the transfer has been proved by the applicant who wil receive
the data and,
the transfer wil not prejudice the
legitimate interests of the person concerned.
Applicants who wish to receive documents or information containing personal data
concerning a third party must demonstrate the necessity of the transfer of the data so that
the administration can weigh this need against the legitimate interests of the person
concerned.
When the person concerned has explicitly given advance consent to disclosure of data
concerning him or her or if the data in question have already been lawful y disclosed, in
principle a transfer of the data is no longer liable to prejudice the legitimate interests of
the person concerned.
The transmission of personal data operates on an individual basis. Personal data are
not publishable or accessible to the general public, thus transmission does not have an
erga omnes effect.
Furthermore, when the data are transferred, the department responsible should inform
the applicant who wil receive the data that the data being transferred are subject to
specific legal obligations laid down in national law, starting from the time of transfer.
13
I .1.3 The prohibition on processing certain categories of data
Article 10 of Regulation 45/2001 states that
the processing of personal data revealing racial
or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership,
and of data concerning health or sex life, is
prohibited.
The ban on processing does not apply if one of the exceptions cited in Article 10 applies.
These include, for example, express prior consent, proof that the transfer is necessary to
protect vital interests or it can be demonstrated that the data have already been made
public. If one of these exceptions is confirmed, the department responsible must handle
the request for access taking into ful consideration any demonstration of necessity of
transfer.
II.2
THE FINANCIAL REGULATION AND ITS RULES OF APPLICATION
I .2.1 The framework
Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general
budget of the Union (Financial Regulation - FR)13, and Delegated Regulation (EU) No
1268/2012, on the rules of application of Regulation (EU, Euratom) No 966/2012 (rules of
application - RAP)14 set out specific procedures for
privileged access for non-selected
candidates and tenderers to documents and information on
procurement and grant
award procedures.
I .2.2 Requests for access to documents and information on procurement procedures
The procedure for launching invitations to tender is laid down in Title V of the FR.
The contracting authority must publish general information on the outcome of the
procedure, such as the name, place, amount, nature and subject of the contract. Under
Article 113 of the FR and Article 161 of the RAP, the contracting authority is required to
inform candidates and tenderers individual y, as
interested parties, of the decisions
taken concerning the award.
The FR and the RAP recognise that non-selected candidates and tenderers have a
privileged right of access implicit to the procedure, which should enable them to assess
their position in relation to the successful tenderer.
Thus the rules require the contracting authority,
following a written request, to provide
additional information to help the interested parties to understand why their request to
participate (candidates) or their tender (tenderers) has not been accepted.
13 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012
on the financial rules applicable to the general budget of the Union (
OJ L 298, 26.10.2012, p.1).
14 Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules
applicable to the general budget of the Union (
OJ L 362, 31.12.2012, p.1).
14
Unsuccessful tenderers who make a written request and whose tender complies with the
specifications may also obtain information about the characteristics and relative merits of
the tender that has been accepted, including the name of the tenderer.
The rules also require the information to be sent within
15 calendar days of receipt of the
request.
I .2.3 Requests for access to documents and information on grant award procedures
The procedure for awarding grants is described under Title VI of the FR.
Article 35 of the FR and Article 21 of the RAP require a certain amount of data concerning
grants to be published annually on Parliament’s website.
Article 133 of the FR states:
The authorising officer responsible shall inform applicants in
writing of the decision on their application. If the grant requested is not awarded, the
institution concerned shall give the reasons for the rejection of the application, with reference
in particular to the selection and award criteria.
Article 205 of the RAP states that rejected applicants shal be informed as soon as possible
and in any case within 15 calendar days after information has been sent to the successful
applicants.
15
T I T L E I I
I N P R A C T I C E : H A N D L I N G R E Q U E S T S F O R D O C U M E N T S
A N D I N F O R M A T I O N
Title I deals with general procedures for dealing with requests for documents or information or
both and provides examples of typical cases for which a specific practice has been established.
CHAPTER III
HANDLING EXTERNAL REQUESTS FOR DOCUMENTS
III.1
THE GENERAL FRAMEWORK
I I.1.1 The transparency principle
Regulation 1049/2001 states that openness enables citizens to participate more closely in
the decision-making process and guarantees that the administration enjoys greater
legitimacy and is more effective and more accountable to the citizen in a democratic
system.
The aim is therefore is to enable
the fullest possible public access to documents,
particularly in relation to legislative procedures.
Consequently any refusal to grant access to documents has to be duly justified, on a case-
by-case basis, on the basis of the exceptions provided under Article 4 of Regulation
1049/2001, which have to be strictly interpreted and applied.
I I.1.2 The general procedure
Under Bureau decision of 28 November 2001, the
Transparency Unit is the
competent
department for dealing with requests for access to documents.
Any request for access to documents which makes reference to Regulation 1049/2001
must be transferred to the Transparency Unit by the department which received the
request, as soon as possible. The Transparency Unit must reply
within 15 working days of
receipt of the request.
To this end, the Transparency Unit, as the
competent department, coordinates the reply
with the
department responsible (the department which is author or holder of the
document requested). The department responsible has to provide the document(s)
requested to the Transparency Unit and suggest a course of action to be taken
within five
working days, in accordance with Article 9 of the decision of 28 November 2001.
Compliance with the deadline is al the more important in cases where access is refused
on the basis of the exceptions set out in Article 4 of Regulation 1049/2001.
16
The
service that holds the document must therefore:
make the document available to the Transparency Unit, which is responsible for
preparing Parliament’s reply, and
give advice on action to be taken, particularly with regard to possible exceptions
that would justify a refusal to disclose the document (ful or partial).
If the response to an initial request is
positive, the answer is sent to the applicant by the
Transparency Unit under the authority of the Secretary-General.
In the event of a
refusal of an initial application for access,
full or partial, the decision is
made by the Secretary-General, on proposal by the Transparency Unit (Article 12 of the
decision of 28 November 2001). Following a refusal, ful or partial, if the applicant makes a
confirmatory application, the decision is made by the Vice-President responsible (Article
15 of the decision of 28 November 2001). The Legal Service may be asked for its opinion at
any stage of the procedure.
In accordance with Article 9(c) of the Bureau’s decision of 2 July 2012 on the
Rules on
document management in the European Parliament15, document management officers
(DMOs) appointed in each directorate-general or equivalent administrative body are to be
copied into any document request that the Transparency Unit sends to departments
responsible and coordinate the reply within their directorate-general.
III.2
TYPICAL CASES OF EXTERNAL REQUESTS FOR DOCUMENTS
I I.2.1 External requests for documents that are part of a legislative procedure
The principles of transparency and the ful est possible access are of prime importance,
particularly when dealing with requests for documents that are part of legislative
procedures, including internal or preparatory documents such as reports containing
negotiating mandates, trialogue documents, reports drawn up after trialogues,
compromise texts and amendments, etc.
According to the Turco case law, documents that are part of a legislative procedure must
in principle be directly and ful y accessible to the public.
The Transparency Unit deals with external requests for access to documents that are part
of legislative procedures, in cooperation with the departments responsible. Any refusal to
grant access to documents that are part of a legislative procedure has to be duly justified,
on a case-by-case basis, on the basis of the exceptions provided in Article 4 of Regulation
1049/2001, which have to be strictly interpreted and applied.
By way of example, Article 4(3) of Regulation 1049/2001 provides for the possibility of
refusing access to an internal or preparatory document if its disclosure would seriously
15 Bureau decision of 2 July 2012 on the
Rules on document management in the European Parliament
(PE422.611/BUR)
17
undermine Parliament’s decision-making process, unless there is an overriding public
interest in its disclosure.
Nevertheless, as confirmed by the Court of Justice’s case law16, access to an internal or
preparatory document cannot be refused on the grounds that the decision has not yet
been taken, as the fact that a document is at a preliminary stage does not provide
sufficient justification alone for application of the exception. In order to refuse access to a
document in a legislative process, it is also necessary to explain how access might
specifically and effectively undermine a protected interest; the risks must be reasonably
foreseeable and not purely hypothetical.
Consequently, in order to refuse access to a document in a legislative process, the
department responsible must provide the Transparency Unit with the reasons why access
to the document would
specifically and effectively undermine Parliament’s decision-
making process, and establish that there is no
overriding public interest in disclosing the
document.
I I.2.2 External requests for legal documents
The Transparency Unit handles external requests for documents relating to
ongoing
proceedings in cooperation with the Legal Service, subject to the conditions established by
EU case law.
In the event of such requests, it should be checked whether disclosure of legal pleadings
in ongoing proceedings is likely to undermine the protection of court proceedings. If this
is the case, Parliament may envisage refusal of access as laid down in Article 4(2) of
Regulation 1049/2001.
I I.2.3 External requests for declarations of Members' financial interests (DFI)
The Transparency Unit handles requests for declarations of Members' financial interests in
cooperation with the Members’ Administration Unit.
Members are required to fil in and keep up-to-date a declaration of financial interests that
is directly accessible on the Europarl website on each individual Member's page. The
original versions of the declarations are deposited with the Members’ Administration Unit
and are accessible to the public on request.
The applicant can ask for a copy of the original version but if there are a considerable
number of documents involved, the applicant is asked to consult the documents in person
(Brussels or Luxembourg).
16 Judgment of 17 October 2013 in case C-280/11 P, Council v Access Info Europe.
18
I I.2.4 External requests for lists of intergroups and their declarations of financial interests
The Transparency Unit handles external requests for documents relating to intergroups
and their declarations of financial interests, in cooperation with the Members'
Administration Unit.
The intergroups are comprised of MEPs from al political groups and parliamentary
committees, for informal exchanges of views on particular themes and promote contacts
between MEPs and civil society. Intergroups are not Parliament bodies.
The list of intergroups for the current parliamentary term, their membership and
declarations of financial interests are directly accessible to the public on the intergroups’
page on
Europarl.
The lists of intergroups from previous parliamentary terms, their membership and
declarations of financial interests are deposited with the Members’ Administration Unit
and are accessible to the public on request.
Applicants can ask for a copy of a list or a declaration of financial interests but if there are a
considerable number of documents involved, the applicant is asked to consult the
documents in person (Brussels or Luxembourg).
I I.2.5 External requests for documents on financing political parties and European
foundations
The Transparency Unit handles external requests for documents relating to the financing
of political parties and European foundations, in cooperation with the Political Structures
Financing Unit.
European political parties may receive annual financial support from Parliament in the
form of an operating grant. The funding rules are set out in Regulation (EC) No 2004/2003
(currently being revised)17. The implementing procedures were adopted by decision of
Parliament’s Bureau of 26 March 200418. The administrative aspects are dealt with by the
Political Structures Financing Unit in Parliament’s Directorate-General for Finance (DG
FINS).
The public can find various financial statements and tables setting out the amounts
al ocated to political parties and foundations since 2004 on
Europarl, under the heading
About Parliament – Grants to political parties and foundations.
17 Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the
regulations governing political parties at European level and the rules regarding their funding (
OJ L 297,
15.11.2003, p. 1).
18 Bureau decision of 29 April 2004 laying down the procedures for implementing Regulation (EC) No
2004/2003 on the regulations governing political parties at European level and the rules governing their funding,
consolidated version last modified by the Bureau decision of 13 January 2014.
19
CHAPTER IV
HANDLING EXTERNAL REQUESTS FOR INFORMATION
IV.1
THE GENERAL FRAMEWORK
IV.1.1 The general procedure
The Bureau decision of 28 November 2001 concerning public access to European
Parliament documents states that
requests for information are to be dealt with on the basis
of other provisions (eighth recital). Thus
Regulation 1049/2001 does not apply to
requests for information.
Requests for information, in whatever form, are dealt with under Parliament’s Code of
Conduct, and the European Ombudsman’s Code of Good Administrative Behaviour, even
though the latter has not been formal y adopted by Parliament.
In practice it is possible to identify typical cases of external requests for information, which
come primarily from the general public, journalists or interested parties.
The most significant cases of external requests for information are described below.
IV.2 TYPICAL CASES OF EXTERNAL REQUESTS FOR INFORMATION
IV.2.1 External requests for general information
An
external request for general information means a request from a member of the
public for information about Parliament’s activities, organisation and prerogatives, with
the aim of obtaining a better understanding of Parliament and its activities.
External requests for general information are usual y addressed to the Citizens’ Enquiries
Unit, which has the
primary responsibility for handling such requests.
The Citizens’ Enquiries Unit must respond
as soon as possible after receipt of the request.
According to the Code of Good Administrative Practice, it is good practice to send an
acknowledgement of receipt if the department handling the request is not sure whether it
is possible to send a substantive reply within two weeks.
However, external requests for general information may also come to other departments
in Parliament. In that case the department that receives the request can contact the
Citizens’ Enquiries Unit to see how the request should be handled and whether it should
be reassigned.
20
IV.2.2 External requests for specific information
An
external request for specific information means any request from a member of the
public for information that is not in the public domain and that concerns the activities,
organisation and specific tasks of a Parliament department. The
department responsible
for handling the request is the department that is author or holder of the information.
The department responsible must respond
as soon as possible after receipt of the
request. According to the Code of Good Administrative Practice, it is good practice to send
an acknowledgement of receipt if the department handling the request thinks it is not
possible to send a substantive reply within a period of two weeks.
Any request for specific information that has a bearing on the particular responsibilities of
another department must be reassigned as soon as possible by the department
concerned to the department responsible, which wil thus be made responsible for
handling the request. The department that received the request original y must inform the
applicant that the request has been transferred to the department responsible. It is also
possible that external requests for specific information wil be sent to the Citizens’
Enquiries Unit, which should contact the department responsible with a view to
reassigning the request for information and its processing.
IV.2.3 External requests for specific information involving several departments
Any external request for specific information that concerns the activities, organisation or
tasks of
several departments in Parliament must be reassigned as soon as possible by the
department that receives the request to the Citizens’ Enquiries Unit, which is
responsible
for coordinating and sending the reply.
The Citizens’ Enquiries Unit has to provide the answer
as soon as possible after receipt of
the request.
To this end, the departments responsible should send it the information requested
as
soon as possible after receipt of the request.
IV.2.4 Requests for information from journalists
Parliament’s Directorate-General for Communication (DG COMM) is responsible for
handling requests for information from journalists. DG COMM has prepared information
packs that can be used to answer journalists’ specific requests.
If necessary, DG COMM wil assess on a case-by-case basis whether certain requests by
journalists should be handled in cooperation with the Citizens’ Enquiries Unit, the
Transparency Unit and/or the Data Protection Officer, in the light of Regulation 1049/2001
or Regulation 45/2001.
21
CHAPTER V
HANDLING EXTERNAL REQUESTS
FOR DOCUMENTS AND INFORMATION: SPECIFIC CASES
V.1 EXTERNAL REQUESTS FOR DOCUMENTS AND INFORMATION RELATING TO
PETITIONS
V.1.1 Requests for documents and information by a petitioner
The 1049/2001 procedure does not apply to requests for documents for which there
is a special privileged access procedure.
Consequently, any request by a petitioner, to the Transparency Unit or the Citizens’
Enquiries Unit, for documents or information that wil provide additional information
concerning his or her own petition, is considered in the framework of
a petitioner’s
privileged right of access to his or her own file. The request is thus automatical y
reassigned to the secretariat of the Petitions Committee, as the department responsible.
V.1.2 Requests for documents by third parties introduced under Regulation 1049/2001
Any member of the public or third party can request access to documents relating to a
petition file, by citing Regulation 1049/2001. If the applicant is not an interested party, the
1049/2001 procedure applies. In that case, the Transparency Unit deals with requests for
documents in cooperation with the department responsible, in the light of the exceptions
set out in Article 4 of Regulation 1049/2001.
The
department responsible is required to transmit the document(s) requested to the
Transparency Unit and suggest a course of action to be taken
within five working days,
in accordance with Article 9 of the decision of 28 November 2001. Any refusal of disclosure
must be justified on the basis of the exceptions listed in Regulation 1049/2001.
The Rules of Procedure provides for certain conditions under which the name of the
petitioner and the content of the petition may not be disclosed to the public.
22
V.2. EXTERNAL REQUESTS FOR DOCUMENTS AND INFORMATION CONCERNING
PUBLIC PROCUREMENT OR GRANT AWARD PROCEDURES
V.2.1 External requests for documents and information relating to procurement contracts
The 1049/2001 procedure does not apply in the first instance to requests for documents
for which there is a special privileged access procedure.
Consequently,
any request for access to documents concerning a
procurement
procedure that comes from
a tenderer who is identified as an
interested party is dealt
with by the
department responsible for the public procurement procedure in
accordance with the "interested parties" procedure. In such cases, the department
responsible should assess the request in accordance with Article 113 of the FR and Article
161 of the RAP.
If an unsuccessful tenderer requests access to documents on the grounds of Parliament’s
duty of transparency, the department should deal with the tenderer’s request under the
"interested parties" procedure in accordance with the FR. If the tenderer insists on
application of Regulation 1049/2001, the department responsible should refer the request
to the department that takes responsibility, which is the Transparency Unit.
A member of the public or any third party can request access to documents concerning an
invitation to tender by citing Regulation 1049/2001. If the applicant is not an interested
party, the 1049/2001 procedure applies. In that case, the Transparency Unit deals with
requests for documents in cooperation with the department responsible, in the light of
the provisions of the FR and the exceptions set out in Article 4 of Regulation 1049/2001.
The
department responsible is required to transmit the document(s) requested to the
Transparency Unit and suggest a course of action to be taken
within five working days,
in accordance with Article 9 of the decision of 28 November 2001. Any refusal of disclosure
must be justified on the basis of the exceptions provided in Regulation 1049/2001.
Any request for access to documents concerning a
procurement procedure entered by
a tenderer who is identified as an
interested party is dealt with by the
department
responsible for the public procurement procedure. In that case, the department
responsible should assess the request in accordance with Article 113 of the FR and Article
161 of the RAP.
Nevertheless, the Citizens’ Enquiries Unit remains the department responsible for
handling any requests for general information that it receives concerning public
procurement procedures. If requests for general information are sent to another
Parliament department, the department that received the request must contact the
Citizens’ Enquiries Unit to see how the request should be handled and whether it should
be reassigned.
23
V.2.2 External requests for documents and information relating to grants
In the absence of a specific procedure in the FR that gives interested parties or third
parties access to documents relating to grants, the 1049/2001 procedure applies, provided
specific reference is made to it in the request. In that case, the Transparency Unit deals
with request for documents in cooperation with the department responsible, in
accordance with the provisions of the FR and the exceptions set out in Article 4 of
Regulation 1049/2001.
The
department responsible is required to transmit the document(s) requested to the
Transparency Unit and suggest a course of action to be taken
within five working days,
in accordance with Article 9 of the decision of 28 November 2001. Any refusal of disclosure
must be justified on the basis of the exceptions provided in Regulation 1049/2001.
In the absence of a specific procedure in the FR that gives interested parties or third
parties access to specific information on grant award procedures, these requests are dealt
with by the department responsible in accordance with general procedures for dealing
with requests for information.
24
CHAPTER VI
HANDLING INTERNAL REQUESTS FOR DOCUMENTS AND INFORMATION
VI.1 INTERNAL REQUESTS FOR DOCUMENTS
VI.1.1 Internal requests for documents: general procedure between departments
MEPs and Parliament staff sometimes cite Regulation 1049/2001 when they request
documents.
Any request by MEPs, their assistants or a member of staff that refers to Regulation
1049/2001 when requesting an internal document is reassigned to the
department
responsible for that document, which is thus is responsible for responding to the
request.
Use of the 1049/2001 procedure could potential y lead to a
pre-litigation procedure
between Parliament and the MEP or official concerned, which is why the Transparency
Unit channels such requests through
specific internal administrative procedures, in
accordance with Rule 5(4) and Rule 160 of Parliament’s Rules of Procedure and the Bureau
decision of 28 November 2001. The Transparency Unit should inform such applicants that
they have a privileged right of access.
VI.1.2 MEPs requests for documents: consultation procedure
Members who request access under Regulation 1049/2001 should be informed that they
have a
privileged right of access as laid down in Rule 5(4) of the Rules of Procedure,
whereby Members are entitled to inspect any files held by Parliament.
Nevertheless, the
right of inspection set out in the Rules of Procedure is limited:
to the inspection of personal accounting documents and files;
in accordance with the exceptions laid down in Rule 5:
i.
the right to protection of personal data or the protection of the commercial
interests of a third party,
i .
the right to protection of the institution’s internal operation, such as exceptions
providing for protection of legal advice or protection of the internal decision-
making process,
i i.
the right to complete confidentiality of documents relating to judicial
proceedings while the proceedings are going on, so the Legal Service is able to
defend Parliament effectively.
Taking these restrictions into account, the department responsible can offer Members to
consult the files in the offices of the directorate-general concerned. As this is only a right
of inspection, Members are not in principle able to remove the documents from the
directorate-general’s offices.
25
Account must also be taken of the stage of procedure reached for a specific file that a
Member wishes to consult. If the content of the file is not available for wider public
disclosure, consultation by a Member must be subject to an undertaking on his or her
honour not to disclose the information without Parliament’s prior agreement.
Where
confidential information is concerned, the rules and procedures set out in the
Bureau decision concerning the rules governing the treatment of confidential
information19 and the implementing rules apply.
VI.1.3 MEPs requests for information products
The Members’ Research Services Directorate in the Directorate-General for Parliamentary
Research Services (DG EPRS) is the
department responsible for handling
Members’
requests for information products.
The Members’ Research Services Directorate consists of specialised thematic units; it
provides a dedicated research capacity for individual Members and generates a wide
range of accessible briefing materials for al Members, across the various EU policy fields.
It also offers personal briefing sessions for individual Members as part of its normal range
of services.
More specifical y the Members’ Research Services Directorate can provide:
tailored, on-demand, analysis and research to individual Members, in response to
their requests in respect of policies, issues and legislation in any field of European
Union competence; and
general briefing material of a clear, readable and content-rich kind, which is made
available pro-actively and collectively to al Members, in any field of European
Union competence.
Any request from Members for an information product in the
European Union’s various
areas of activity should be assigned to the Members’ Research Services Directorate as the
department responsible for handling it, where appropriate in cooperation with the On-site
and Online Library Services Unit in DG EPRS’s Directorate for the Library.
19 Bureau decision of 15 April 2013 concerning the rules governing the treatment of confidential information by
the European Parliament.
26
VI.1.4 Staff requests for documents for professional purposes
The processing of requests for documents by members of staff for
professional purposes
is based on the
need-to-know principle. Members of staff who need a document for their
work should contact the department responsible, which wil consider the conditions in
which the document may be consulted.
Members of staff are bound by the duty of discretion laid down in the Staff Regulations.
The electronic register of references (ERR) contains references for Parliament documents
since 2001 and is a useful search tool. If a document cannot be found in the ERR database,
the member of staff should contact the department responsible, which is the
department that should deal with the request.
VI.2 INTERNAL REQUESTS FOR INFORMATION
VI.2.1 MEPs' requests for information: general procedure
When carrying out their duties, MEPs may at any time ask the administration to provide
information on a particular subject.
Any department that is asked for information by a Member should first check that it is
indeed the department responsible for handling the request. If it is not, it should assign
the request to the department responsible and inform the Member that another
department wil be dealing with the request.
VI.2.2 MEPs requests sent to the Members' Hotline
The Members’ Research Services Directorate in DG EPRS has set up a Members' Hotline
that provides Members with a priority service; the Member should be contacted
within
three hours of receipt of the request.
Procedures for accessing the Members’ Hotline are set out on DG EPRS’s website:
27
VI.2.3 MEPs’ requests for practical information: One-Stop Shop
The One-Stop Shop for Members takes the form of a front desk offering priority treatment
to Members by liaising directly with the specialised directorates-general whenever the
service needed is not directly within the competence of the One-Stop Shop itself.
Requests from Members should receive a
first reply within two hours, followed by a
full
reply within 24 hours.
Members also have the option of contacting departments directly.
For requests relating to political work or advice on the statutory rights and obligations of
parliamentary assistants, the One-Stop Shop for Members provides information on whom
to contact in the department concerned.
Information on how to access the One-Stop Shop for Members can be found on the
Intranet:
http://www.epintranet.ep.parl.union.eu/intranet/ep/lang/en/content/mep/mep_entry_page
VI.2.4 Staff requests for information for professional purposes
The processing of requests for information by staff
for professional purposes is based on
the
need-to-know principle. Staff who need information for their work should contact
the department responsible, which wil consider the conditions in which the information
may be provided.
Members of staff are bound by the duty of discretion laid down in the Staff Regulations.
28
T I T L E I I I
I N T E R I N S T I T U T I O N A L C O O P E R A T I O N
Under Rule 140(1) of the Rules of Procedure, Parliament may enter into agreements with
other institutions in the context of the application of the Treaties or in order to improve or
clarify procedures.
Moreover, Article 4 of the Treaty on European Union lays down the
principle of sincere cooperation between the European Union and the Member States.
CHAPTER VII
COOPERATION WITH OTHER EU INSTITUTIONS
VII.1 HANDLING REQUESTS FOR DOCUMENTS AND INFORMATION BETWEEN
INSTITUTIONS
Regulation 1049/2001 does not cover access to and the transmission of documents
between the institutions. These are subject to specific interinstitutional agreements, as
set out in:
the Agreement between the European Parliament and the Commission on procedures
for implementing Council Decision 1999/468/EC laying down the procedures for the
exercise of implementing powers conferred on the Commission, as amended by
Decision 2006/512/EC;
the Framework Agreement on relations between the European Parliament and the
European Commission;
the Joint Declaration of the European Parliament, the Council and the Commission of
13 June 2007 on practical arrangements for the codecision procedure (Article 251 of
the EC Treaty);
the Interinstitutional Agreement on better law-making;
the political declaration signed by the European Parliament, the Council and the
Commission entitled ‘Communicating Europe in Partnership’;
the Code of conduct for negotiating in the context of the ordinary legislative
procedures;
the Interinstitutional Agreement between the European Parliament and the European
Central Bank on the practical modalities of the exercise of democratic accountability
and oversight over the exercise of the tasks conferred on the ECB within the
framework of the Single Supervisory Mechanism.
The framework agreements that govern the transmission of confidential information
between the institutions, particularly the agreements signed between Parliament, the
Commission and the Council, apply in the cases specifical y covered by these agreements.
The regulatory texts and the Bureau decision on confidential information apply. The same
applies in relation to Regulation 45/2001 if a transfer of personal data is involved.
29
CHAPTER VIII
COOPERATION WITH MEMBER STATES
VII.2 HANDLING REQUESTS FOR DOCUMENTS AND INFORMATION FROM MEMBER
STATES' AUTHORITIES
The Member States’ judicial authorities occasional y ask Parliament for documents and/or
information for use in national investigations, for example in relation to payments made
to an undertaking that has provided services to Parliament.
These requests do not fall within the remit of Regulation 1049/2001, as the
documents and information provided to the national authorities are not for disclosure to
the general public (disclosure with
erga omnes effect). These requests are dealt with under
Article 4 of the Treaty on European Union (TEU), which forms the legal basis for the
principle of sincere cooperation between the European Union and the Member
States.
If these requests involve personal data, the provisions of Regulation 45/2001 apply.
The authority responsible for replying to requests by the Member States' authorities is the
President of Parliament, who is assisted by the department which is the author or which
holds the documents or information requested, if necessary in cooperation with the Legal
Service.
It should be noted that Article 15 of the Protocol on the Privileges and Immunities of the
European Union requires the institutions to communicate to Member State governments
the names, grades and addresses of officials and other servants likely to benefit from the
conditions set out in the Protocol.
The identification of the beneficiaries of the conditions set out in the Protocol constitutes
in itself a specific category of requests for documents.
30
EPRS | European Parliamentary Research Service
31