Legislative preparatory documents as debated in Trilogues meetings (from February 1st until February -15th)
Dear European Parliament
Under the right of access to documents as foreseen by art 42 of the EU Charter and art 15 TFEU and implemented by Regulation 1049/2001 I am hereby requesting
1 - the dates and the Agendas of the "Technical" and "Political" Trilogue meetings which took place between February 1st to February 15th
2 - the TEXTS OF THE LEGISLATIVE PREPARATORY DOCUMENTS SUBMITTED OR DEBATED AT THESE MEETINGS.
I submit these requests by taking in account the CJEU Jurisprudence resulting notably from Ruling on cases T-540/15 , T-163/21 as well as the art.266 of the TFEU
Thanks in advance
Yours faithfully,
Emilio De Capitani
Our reference: 2023-0191
Dear Mr De Capitani Emilio,
The European Parliament hereby acknowledges receipt of your message, which
was registered on February 16, 2023.
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 the above-mentioned Regulation, your application will
be handled within 15 working days upon registration of your request.
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. A
detailed privacy statement is available [1]here.
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 officially
related to the European Parliament. Therefore, the European Parliament
cannot be held accountable for any technical issues or problems linked to
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from your private email address by using the following functional mailbox
address: AccesDocs(at)europarl.europa.eu
Best regards,
TRANSPARENCY UNIT
European Parliament
Directorate-General for the Presidency
Directorate-General for Interinstitutional Affairs and Legislative
Coordination
[2][European Parliament request email]
[3]www.europarl.europa.eu/RegistreWeb
References
Visible links
1. https://www.europarl.europa.eu/RegistreW...
2. mailto:[European Parliament request email]
3. http://www.europarl.europa.eu/RegistreWeb
Our reference: 2023-0191
Dear Mr De Capitani,
The time limit for responding to your application for public access to
documents under Regulation (EC) No 1049/2001, as registered on Feb 16,
2023, expires on Mar 9, 2023.
Due to the fact that this application overlaps with your earlier
application regarding the same kinds of documents but concerning a
different time period, and as this application therefore has to be handled
at the same time and by the same services, the total number of meetings
covered by your applications taken together is considerable. Furthermore,
the informal character of some of those meetings means that Parliament has
to first gain a comprehensive overview of all meetings that might fall
within the scope of your application in order to be in a position to give
you a complete response.
For those reasons, Parliament must exceptionally extend the time limit
provided by Article 7(1) of Regulation (EC) No 1049/2001 by a further 15
working days in accordance with Article 7(3) of that Regulation in order
to reply to your application.
Please accept our apologies for any inconvenience. We thank you for your
understanding.
Best regards,
TRANSPARENCY UNIT
European Parliament
Directorate-General for the Presidency
Directorate-General for Interinstitutional Affairs and Legislative
Coordination
[1][European Parliament request email]
[2]www.europarl.europa.eu/RegistreWeb
References
Visible links
1. mailto:[European Parliament request email]
2. http://www.europarl.europa.eu/RegistreWeb
Emilio dejó un comentario ()
On April 11th I have submitted a confirlatory application dealing with the documents whose columns were hidden.
On June 30th I have received from the EP the final answer to my two original requests and to the confirmatory application. The EP text is the following:
REGISTERED LETTER WITH ACKNOWLEDGMENT OF RECEIPT
D306013 30.05.2023
Mr Emilio De Capitani
Rue Darwin 11
1190 Bruxelles Belgium
Subject: Your confirmatory application for public access to documents
Our reference: 2023-0148C (to be quoted in future correspondence)
Dear Mr De Capitani,
On 2 and 16 February 2023, you submitted two applications requesting public access to all agendas for all technical and political trilogues that took place between 1 December 2022 and 15 February 2023, as well as any legislative documents submitted to, or debated at those meetings. Please note that for practical reasons, the applications were treated jointly.
On 16 March 2023, Parliament identified and granted access to 135 documents related to 28 different legislative procedures. It also granted partial access to four 4-column documents related to procedure 2021/0406(COD) and dated 18 November 2022 and 9, 20 and 30 January 2023, whilst refusing access to the 4th, 5th and 6th columns of those documents.
On 11 April 2023, you submitted a confirmatory application requesting Parliament to reconsider its position adopted at initial stage with regard to the four 4-column documents that had only been partially disclosed.
Assessment of your confirmatory application
Pursuant to Rule 122(5) of the Rules of Procedure of the European Parliament and Article 15 of the Decision of the Bureau of the European Parliament, dated 28 November 2001 , on rules governing public access to European Parliament documents, I, as Vice-President responsible for matters relating to access to documents, am responding to your confirmatory application on behalf and under the authority of the Bureau.
The documents at stake in your confirmatory application are multi-column documents pertaining to procedure No 2021/0406(COD) concerning a proposed Regulation on the protection of the Union and its Member States from economic coercion by third countries. That proposal for a Regulation provides for Union countermeasures in the sense of restrictions related to trade, investment and funding.
Having duly considered the matter including the different public Interests involved, Parliament grants full access to the documents at stake and makes them publicly available on Parliament's Register of documents.2
Yours sincerely,
Roberts ZILE
1 Rules governing public access to European Parliament documents, Bureau Decision of 28 November 2001, OJ C216 of 22.7.2011, p.19
2 Register reference NEGO_CT(2021 )0406.
Emilio dejó un comentario ()
Today I have received from the EP an answer covering this request as well as the previous one (dealing with trilogues related documents in the period December 2022-January 2023)
Below the text of the EP Answer
EDC
------------------------
EP SECRETARY GENERAL
DATE 16.03.2023
RECEIPT 23.03.2023
Subject: Your application for public access to documents
Our references: 2023-0148 and 2023-0191 (to be quoted in future correspondence)
Dear Mr De Capitani.
On 2 and 16 February 2023. you submitted two applications requesting public access to all agendas for all technical and political trilogues that took place between 1 December 2022 and 15 February 2023, as well as any legislative documents submitted to, or debated at those meetings. Please note that for practical reasons, the applications are being treated jointly.
In light of your applications, 139 documents related to 29 different legislative procedures have been identified and are listed in an Annex to this letter.
Your application has been examined in the light of Regulation (EC) No 1049/20011 laying down the terms and conditions for public access to documents of Parliament, Council and Commission.
Assessment of your application
Parliament grants public access to documents No 1 to 135.
Documents No 136 to 139 are multi-column documents pertaining to procedure No 2021/0406(COD) concerning a proposed Regulation on the protection of the Union and its Member States from economic coercion by third countries. That proposal for a Regulation provides for Union countermeasures in the sense of restrictions related to trade, investment and funding. It has the potential to seriously affect large parts of the economies of certain third countries and therefore those countries' economic prosperity and scope of action.
Those four documents contain elements that could reveal the Institutions' internal positions and intentions regarding provisions for which even slight changes in drafting could have a sizeable impact on trade relations with, and the economic prosperity of, certain third counties, some of which are largely dependent on access to the Union market.
In accordance with the third indent of point (a) of Article 4(1) of Regulation (EC) No 1049/2001, access to a document is to be refused where its disclosure would undermine the protection of the public interest as regards international relations. That would notably be the case if such disclosure carried a reasonably foreseeable and not purely hypothetical risk of negatively affecting the Union's international relations.
Such a risk may result from the way governments or authorities of third countries would then perceive the decision-making of the Union. The Court of Justice has held that, in determining whether the disclosure of documents relating to international relations could undermine the public interest, the institution concerned enjoys a wide discretion2.
Governments, authorities and interested parties of certain third countries would likely misinterpret the internal remarks and drafting suggestions contained in the fourth, fifth and sixth columns of documents No 136 to 139 as providing an indication of the Union's attitude and intentions towards them.
Such misinterpretations would be exacerbated by the fact that the kind of language used at this stage in legislative negotiations internal to the Union lacks the kind of refinement that is needed to avoid appearing inappropriate or offensive in an international or diplomatic context.
It is therefore reasonable to expect that the disclosure of the provisional wording and remarks contained in those documents would provoke a negative reaction from certain of the Union's external trading partners, changing their outlook towards the Union and thus undermining the Union's trade and diplomatic relations with them. This is particularly true in the current volatile phase of the geopolitical environment which the Union and its trading partners have to navigate. In addition, it is likely that those third countries would mount diplomatic pressure campaigns to influence the perceived course of action the Union appears to be taking. Such third countries, with the knowledge of details of what is being considered at EU level, would obtain concrete ways of influencing specific actors and individual participants in the ongoing negotiations - directly or indirectly - towards one or another change in wording. This would likely lead to further misunderstandings and deterioration of the Union's relations with them. Consequently, Parliament concludes that the exception regarding the protection of international relations is applicable to the above-mentioned parts of the requested documents.
Conclusion
In view of the above, Parliament grants public access to documents No 1 to 135, and partial access to documents No 136 to 139, in accordance with the third indent of point (a) of Article 4(1) and paragraph 6 of Article 4 of Regulation (EC) No 1049/20013.
Your attention is drawn to the fact that, pursuant to Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to submit, within 15 working days of receipt of this letter, a confirmatory application with a reasoned request for the European Parliament's position to be reconsidered.
Yours sincerely,
(SIGNED) Alessandro Chiocchetti
(Notes)
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.
2 Judgment of the Court of 3 July 2014, Council of the European Union v Sophie in 'tVeld, C-350712, ECLI:EU:C:2014:2039, paragraph 63.
3 The documents are published on Parliament's public register; the relevant register references are modelled on the procedure number and have the format NEGO_CT(yyyy)xxxx, with yyyy being the year and xxxx the sequential number of the procedure.
Annex Documents identified under applications 2023-0148 and 2023-0191:
• Documents related to procedure 2016/0132(COD)
1. Draft Agenda of 15 December 2022 for trilogue procedure Eurodac Regulation
2. 4 Column document of 3 February 2023 for trilogue procedure Eurodac Regulation
• Documents related to procedure 2016/0139(COD)
3. Agenda of 14 December 2022 for trilogue procedure Kosovo Visa Waiver
4. 4 Column document of 15 December 2022 for trilogue procedure Kosovo Visa Waiver
• Documents related to procedure 2016/0222(COD)
5. Agenda of 15 December 2022 for trilogue procedure Reception Conditions Directive
6. Council mandate for negotiations of 7 December 2022 for trilogue procedure Reception Conditions Directive
• Documents related to procedure 2016/0225(COD)
7. Draft agenda of 15 December 2022 for trilogue procedure Union Resettlement Framework
8. Council mandate for negotiations of 7 December 2022 for trilogue procedure Union Resettlement Framework
• Documents related to procedure 2020/0353(CQD)
9. 4 Column document of 9 December 2022 for trilogue procedure Batteries and waste batteries
10. Agenda of 9 December 2022 for trilogue procedure Batteries and waste batteries
• Documents related to procedure 2021/0050(COD)
11. Draft agenda of 15 December 2022 for trilogue procedure Directive on Pay Transparency
12. 4 Column document of 8 December 2022 for trilogue procedure Directive on Pay Transparency
13.4 Column document of 8 December 2022 for trilogue procedure Directive on Pay Transparency
• Documents related to procedure 2021/0105(COD)
14.4 Column document of 16 December 2022 for trilogue procedure Regulation on Machinery Products
15. 4 Column document of 6 January 2023 for trilogue procedure Regulation on Machinery Products
16.4 Column document of 3 January 2023 for trilogue procedure Regulation on Machinery Products
17.4 Column document of 15 December 2022 for trilogue procedure Regulation — Machinery Products
18.4 Draft agenda of 15 December 2022 for trilogue procedure Regulation on Machinery Products
19. Draft agenda of 5 December 2022 for trilogue procedure Regulation on Machinery Products
20. Draft agenda of 11 January 2023 for trilogue procedure Regulation on Machinery Products
21. Draft agenda of 5 January 2023 for trilogue procedure Regulation on Machinery Products
• Documents related to Procedure 2021/0171(COD)
22.4 Column document of 14 December 2022 for trilogue procedure Consumer Credit Directive
23.4 Column document of 15 December 2022 for trilogue procedure Consumer Credit Directive
24.4 Column document of 16 December 2022 for trilogue procedure Consumer Credit Directive
25.4 Column document of 7 December 2022 for trilogue procedure Consumer Credit Directive
26.4 Column document of 9 December 2022 for trilogue procedure Consumer Credit Directive
27.4 Column document of 13 December 2022 for trilogue procedure Consumer Credit Directive
28.4 Column document of 29 November 2022 for trilogue procedure Consumer Credit Directive
29. Draft Agenda of 1 December 2022 for trilogue procedure Consumer Credit Directive
30. Working document od 15 December 2022 for procedure Consumer Credit Directive
• Documents related to procedure 2021/0191 (COD)
31.4 Column document of 1 December 2022 for trilogue procedure European green bonds
32. Agenda of 14 December 2022 for trilogue procedure European green bonds
33.4 Column document of 8 February 2023 for trilogue procedure European green bonds
34.4 Column document of 9 February 2023 for trilogue procedure European green bonds
• Documents related to procedure 2021/0202(COD)
35.4 Column document of 30 September 2022 for trilogue procedure Revision of the Market Stability Reserve for the EU Emissions Trading System
• Documents related to procedure 2021/0203(COD)
36.4 Column document of 16 December 2022 for trilogue procedure Energy Efficiency Directive
37.Draft agendas for technical meetings of 9 February 2023 for trilogue procedure Energy Efficiency Directive
38. Agenda of 14 December 2022 for trilogue procedure Energy Efficiency Directive
39.4 Column document of 9 December 2022 for trilogue procedure Energy Efficiency Directive
40.4 Column document of 9 February 2023 for trilogue procedure Energy Efficiency Directive
41.Draft agenda for technical meeting of 9 February 2023 for trilogue procedure Energy Efficiency Directive
• Documents related to procedure 2021/0225 (COD)
42.4 Column document of 8 December 2022 for trilogue procedure ReFuelEU Aviation
43.Agenda of 8 December 2022 for trilogue procedure ReFuelEU Aviation Initiative
• Documents related to procedure 2021/0206(COD)
44. 4 Column document of 12 December 2022 for procedure Social Climate Fund
45. Draft agenda for the 3rd informal trilogue of 16 and 17 December 2022 for
procedure Social Climate Fund
• Documents related to procedure 2021/0207(COD)
46.4 Column document of 1 December 2022 for trilogue procedure Revision of the EU Emissions Trading System for aviation
47. Agenda of 6 December 2022 for trilogue procedure Revision of the EU Emissions
Trading System for aviation
• Documents related to procedure 2021/0210(COD)
48.4 Column document of 18 January 2023 for trilogue procedure FuelEU Maritime Initiative
49.4 Column document of 20 December 2022 for trilogue procedure FuelEU Maritime Initiative
50.4 Column document of 8 December 2022 for trilogue procedure FuelEU Maritime Initiative
51. Agenda of 8 December 2022 for trilogue procedure FuelEU Maritime Initiative
52. Agenda of 12 January 2023 for trilogue procedure FuelEU Maritime Initiative
53. Agenda of 20 January 2023 for trilogue procedure FuelEU Maritime Initiative
54. Agenda of 26 January 2023 for trilogue procedure FuelEU Maritime Initiative
55. 4 Column document of 31 January 2023 for trilogue procedure FuelEU Maritime Initiative
56. Provisional draft agenda of 2 February 2023 for trilogue procedure FuelEU Maritime Initiative
• Documents related to procedure 2021/0211 (COD)
57.4 Column document of 14 December 2022 for trilogue procedure Revision of the EU Emissions Trading System
58.4 Column document of 30 November 2022 for trilogue procedure Revision of the EU Emissions Trading System
59. 4 Column document of 16 December 2022 for trilogue procedure Revision of the EU Emissions Trading System
60. Agenda of 1 December 2022 for tnlogue procedure Revision of the EU Emissions Trading System
61. Draft Agenda of 16 and 17 December 2022 for trilogue procedure Revision of the EU Emissions Trading System
• Documents related to procedure 2021/0214( COD)
62.4 Column document of 2 December 2022 for trilogue procedure Carbon Border Adjustment Mechanism
63. 4 Column document of 12 December 2022 for trilogue procedure Carbon Border
Adjustment Mechanism
64. 4 Column document of 13 December 2022 for trilogue procedure Carbon Border Adjustment Mechanism
65. Draft Agenda of 6 December 2022 for trilogue procedure Carbon Border Adjustment Mechanism
• Document related to procedure 2021/0218(COD)
66. 4 Column document of 17 January 2023 for trilogue procedure Renewable Energy Directive
67. 4 Column document of 1 December 2022 for trilogue procedure Renewable Energy Directive
68. 4 Column document of 21 December 2022 for trilogue procedure Renewable Energy Directive
69. 4 Column document of 29 November 2022 for trilogue procedure Renewable Energy Directive
70.4 Column document of 25 January 2023 for trilogue procedure Renewable Energy Directive
71. 4 Column document of 8 December 2022 for trilogue procedure Renewable Energy Directive
72.4 Column document of 15 December 2022 for trilogue procedure Renewable Energy Directive
73. 4 Column document of 6 February 2023 for trilogue procedure Renewable Energy Directive
74. Draft Agenda of 12 January 2023 for trilogue procedure Renewable Energy Directive
75. Draft Agenda of 13 January 2023 for trilogue procedure Renewable Energy
76. Draft Agenda of 20 January 2023 for trilogue procedure Renewable Energy Directive
77. Draft Agenda of 2 December 2022 for trilogue procedure Renewable Energy Directive
78. Draft Agenda of 27 January 2023 for trilogue procedure Renewable Energy Directive
79. Draft Agenda of 5 December 2022 for trilogue procedure Renewable Energy Directive
80. Draft Agenda of 15 December 2022 for trilogue procedure Renewable Energy Directive
81. Draft Agenda of 14 February 2023 for trilogue procedure Renewable Energy Directive
82. Draft Agenda of 3 February 2023 for trilogue procedure Renewable Energy Directive
83. Draft Agenda of 10 February 2023 for trilogue procedure Renewable Energy Directive
84. Working document of 25 November 2022 for trilogue procedure Renewable Energy Directive
85. Working document of 24 November 2022 for trilogue procedure Renewable Energy Directive
• Documents related to procedure 2021/0223(COD)
86. 4 Column document of 13 December 2022 for trilogue procedure Deployment of alternative fuels infrastructure
87. 4 Column document of 23 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
88. Agenda of 23 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
89. Agenda of 11 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
90. Agenda of 13 December 2022 for trilogue procedure Deployment of alternative fuels infrastructure
91. 4 Column document of 10 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
92. 4 Column document of 10 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
93. 4 Column document of 9 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
94. 4 Column document of 9 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
95.4 Column document of 9 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
96. 4 Column document of 9 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
97. 4 Column document of 5 January 2023 for trilogue procedure Deployment of
alternative fuels infrastructure
98.4 Column document of 10 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
99.4 Column document of 6 January 2023 for trilogue procedure Deployment of alternative fuels infrastructure
• Documents related to procedure 2021/0297(COD)
100. Draft Agenda of 31 January 2023 for trilogue procedure Generalised scheme of tariff preferences
101. 4 Column document of 30 January 2023 for trilogue procedure Generalised scheme of tariff preferences
102. Review of the GSP Regulation - Categorized amendments per cluster and institution (EP & CSL) of 14 February 2023 for trilogue procedure Generalised scheme of tariff preferences
• Documents related to procedure 2021'0366(COD)
103. 4 Column document of 5 December 2022 for trilogue procedure Deforestation Regulation
104. 4 Column document of 22 November 2022 for trilogue procedure Deforestation Regulation
105. Agenda of 5 December 2022 for trilogue procedure Deforestation Regulation
106. Agenda of 2 December 2022 for trilogue procedure Deforestation Regulation
• Documents related to procedure 2021/0391 (COD)
107. Agenda of 13 December 2022 for trilogue procedure Joint Investigation Teams collaboration platform
108. 4 Column document of 9 December 2022 for trilogue procedure Joint Investigation Teams collaboration platform
109. 4 Column document of 3C November 2022 for trilogue procedure Joint
Investigation Teams collaboration platform
• Documents related to procedure 2021/0393(CQD)
110. Agenda of 14 December 2022 for trilogue procedure Digital information exchange in terrorism cases
111. 4 Column document of 12 December 2022 for trilogue procedure Digital information exchange in terrorism cases
112. 4 Column document of 1 December 2022 for trilogue procedure Digital information exchange in terrorism cases
• Documents related to procedure 2022/0419(COD)
113. 4 Column document of 14 December 2022 for trilogue procedure Intelligent Road Transport Systems
114. Agenda of 14 December 2022 for trilogue procedure Intelligent Road Transport Systems
• Documents related to procedure 2022/0009(COD)
115. 4 Column document of 6 January 2023 for trilogue procedure European Union Drugs Agency
116. 4 Column document of 10 January 2023 for trilogue procedure European Union Drugs Agency
117. Draft Agenda of 10 January 2023 for trilogue procedure European Union Drugs Agency
118. Draft Agenda of 12 January 2023 for trilogue procedure European Union Drugs Agency
• Documents related to procedure 2022/0036(CQD)
119. 4 Column document of 6 December 2022 for trilogue procedure Ro-ro passenger ships: stability requirements
120. Draft Agenda of 6 December 2022 for trilogue procedure Ro-ro passenger ships: stability requirements
• Documents related to procedure 2022/0160(COD)
121. 4 Column document of 3 February 2023 for trilogue procedure REPowerEU
122. 4 Column document of 8 February 2023 for trilogue procedure REPowerEU
• Documents related to procedure 2022/0164(COD)
123. 4 Column document of 13 December 2022 for trilogue procedure REPowerEU chapters in recovery and resilience plans
124. 4 Column document of 29 November 2022 for trilogue procedure REPowerEU chapters in recovery and resilience plans
125. 4 Column document of 29 November 2022 for trilogue procedure REPowerEU chapters in recovery and resilience plans
126. 4 Column document of 14 December 2022 for trilogue procedure REPowerEU chapters in recovery and resilience plans
127. 4 Column document of 10 February 2023 for trilogue procedure REPowerEU chapters in recovery and resilience plans
128. Draft Agenda of 13 December 2022 for trilogue procedure REPowerEU chapters in recovery and resilience plans
Documents related to procedure 2021/0406(CQD)
129. Draft Agenda of 30 January 2023 for trilogue procedure Economic coercion by third countries
130. Draft Agenda of 26 January 2023 for trilogue procedure Economic coercion by third countries
131. Draft Agenda of 12 January 2023 for trilogue procedure Economic coercion by third countries
132. Draft Agenda of 15 December 2022 for trilogue procedure Economic coercion by third countries
133. Draft Agenda of 8 December 2022 for trilogue procedure Economic coercion by third countries
134. Draft Agenda of 5 December 2022 for trilogue procedure Economic coercion by third countries
135. Draft Agenda of 1 December 2022 for trilogue procedure Economic coercion by third countries
136. 4 Column document of 30 January 2023 for trilogue procedure Economic coercion by third countries
137. 4 Column document of 20 January 2023 for trilogue procedure Economic coercion by third countries
138. 4 Column document of 9 January 2023 for trilogue procedure Economic coercion by third countries
139. 4 Column document of 18 November 2022 for trilogue procedure Economic coercion by third countries