Legislative Preparatory Documents as debated in Trilogues Meetings (December 2022/January 2023)

Emilio a fait une demande de Accès à l'information à Parlement européen

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

La demande est réussie.

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 in December 2022 / January 2023
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

Parlement européen

Our reference: 2023-0148

Dear Mr De Capitani,

The European Parliament hereby acknowledges receipt of your message, which
was registered on February 2, 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
the use of this system.

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

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

Dear EP TRANSPARENCY UNIT,

According to art.7 of Regulation 1049/01 "..Within 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 2 of this Article."
If I am not wrong the deadline for your answer was yesterday February 22nd. Could you, please, tell me the EP reaction to my request for access to documents registered on February 2nd?

Thanks in advance

Yours faithfully,

Emilio DE CAPITANI

AccesDocs, Parlement européen

1 Attachment

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 2,
2023, in fact expires today, on Feb 23, 2023. This is because the day
itself, on which an event occurs that is relevant for the calculation of a
period, is not counted.

 

Due to the length of the time period covered by your application, and due
to the fact that many interinstitutional meetings on legislative files
took place in December in particular, towards the end of the Council
Presidency, many meetings fall within the scope of your application.
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,

 

 

TRANSPARANCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for
Interinstitutional Affairs and
Legislative Coordination
[1][European Parliament request email]
[2]www.europarl.europa.eu
 

 

Afficher les sections citées

Parlement européen

Our reference: 2023-0148

Dear Mr De Capitani,

Parliament has today taken a decision in light of your application, which
is to be served by mail. To this end, we would like you to provide us with
a physical address. As stated in the acknowledgement of receipt, you can
use the relevant functional mailbox, [European Parliament request email], if you
want to communicate information you do not wish to share on a public
platform.

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

Dear European Parliament,

referring to your message on March 15th (your reference: 2023-0148) please notice that my physical physical address is :

11 rue Darwin - 1190 Bruxelles (BE).

Just in case, my phone number is +32.498.98.32.42

Yours faithfully,

Emilio De Capitani

Emilio a laissé une remarque ()

Today I received the following EP answer covering both this request and the following one dealing with trilogues documents from February 1st-15th.
Emilio De Capitani

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

CONFIRMATORY APPLICATION

EP Reference : 2023-0148 and 2023-0191

Dear EP Secretary General,

I am referring to your letter dated on March 16th and received on March 23rd .

Firstly, let me welcome the fact that trialogue’s related documents from December 1st, 2022 until February 15th (documents 1 to 135 in your list) have now been published on the EP register of documents.
By publishing these legislative preparatory acts the European Parliament is abiding, at least for these legislative procedures, to the new post-Lisbon regime for legislative transparency. According to this new regime, first, EU legislation is a common endeavor of the EP and of the Council (art.14.1 TEU), second, legislative acts are only the ones adopted by legislative (ordinary or special) procedure (art.289.3 TFUE) and, third, “draft legislative acts” should be debated and voted in public (art.15.2 TFUE)
Let me stress that these provisions at primary law level mark a substantive evolution compared to the pre-Lisbon situation when it was only up to the Council to decide how to be transparent when “acting as legislator” (art. 207 TCE) and there was no explicit obligation at primary law level of debating publicly draft legislative acts. Therefore, after Lisbon, as recently recognized also by the EU General Court, the principles of publicity and transparency are now inherent in the legislative procedures of the European Union because "In a system based on the principle of democratic legitimacy, co-legislators must be answerable for their actions to the public and if citizens are to be able to exercise their democratic rights they must be in a position to follow in detail the decision-making process within the institutions taking part in the legislative procedures and to have access to all relevant information."(Case T-163/21 p.84)

But, if, according to art. 15.2 of the TFUE the principle of legislative transparency is now a self standing constitutional principle framing the activity of the co-legislator it should not be limited by the factual condition that citizens may or not require to have access to a legislative preparatory act. Legislative preparatory acts should then be proactively published in the Institution’s Register of documents because of their nature and not because citizen have asked for them (days, weeks or even years later..).
It is therefore highly regrettable that the European Parliament has, since years, followed the unlawful Council practice of limiting the access to legislative preparatory acts when trilogue’s related legislative preparatory acts are at stake.

Secondly, I hereby submit my CONFIRMATORY APPLICATION for having access also to the content of the redacted 4,5 and 6 columns in the negotiation tables submitted at the first four Trilogues meetings (documents from 136 to 139 in your list), pertaining to procedure 2021/0406(COD) concerning a proposed Regulation on the protection of the Union and its Member States from economic coercion by third countries.

To justify the exclusion from publication of these redacted columns you make reference to the Judgment of the Court of 3 July 2014, Council of the European Union v Sophie In't Veld, C-350/12 P. May I raise your attention to the fact that the transparency framework of an international agreement with a third Country (which could take an unduly advantage in knowing in advance the EU negotiation strategy) is quite different from the transparency framework of an EU internal legislative procedure.

Legislative Procedure 2021/0406(COD) having a clear legal basis in the EU Treaties, and being currently negotiated following an ordinary legislative procedure is an expression of the EU constitutional autonomy.
On its content, it is impossible for me to argue on the legitimacy of the reasons which can justify their redaction but if their content is of draft legislative amendments to the proposed Regulation it should be published according to art.15.2 TFEU, on the same ground that has been published the content of the three first columns showing the texts of the Commission proposal and of the EP and Council mandates.

The same holistic and consistent approach should be followed when dealing with the exception you raise, eg the third indent of point (a) of Article 4(1) of Regulation (EC) No 1049/2001 according to which access to a document is to be refused where its disclosure would undermine the protection of the public interest as regards international relations.
However, in my opinion, the risk of unduly external influence in this case seems to me overstated.
It is not uncommon that EU internal measures may have sometime a strong impact on third countries, and, because of this, these Countries may try to influence the EU internal legislation.
However, if the diplomatic pressure, is fair and transparent it will fit perfectly with the daily reality of international relations. Moreover if the EU still intend to play a geostrategic role it is up to its diplomacy to present in the right way to the external world the EU envisaged internal legislation by so avoiding possible misinterpretations or covering the lack of “refinement that is needed to avoid appearing inappropriate or offensive in an international or diplomatic context”.
May I recall that also the EU itself is regularly trying to influence foreign Country legislation when it consider that it could have a negative impact on the EU economy, on EU Citizens or when it consider that fundamental rights can be at stake?
Last but not least if this exception is so relevant why it was not (rightly) been applied to the Commission proposal and to the EP and Council mandates? Why should it become legitimate along all the trilogue’s phase of the legislative procedure ?

For the above cited reasons :

I respectfully ask the EP to comply with art.15.2 and 15.3 of the TFUE by
- granting access and publish the redacted 4,5 and 6 columns of the negotiation tables diffused at the first four trilogues meetings on legislative procedure (documents from 136 to 139 in your list)
- proactively publish the future Trilogues draft agendas (in compliance, mutatis mutandis, with the provision of art.16.8 of the TEU) as well as the future negotiations tables of this and other EU legislative procedures

Best regards

Emilio DE CAPITANI
11 Rue Darwin
1190 – Bruxelles
Belgium

PS : A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/legis...

Parlement européen

Our reference: 2023-0148

Dear Mr De Capitani,

The European Parliament hereby acknowledges receipt of your Confirmatory
application, which was registered on April 11, 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.

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

Parlement européen

Our reference: 2023-0148C

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 2,
2023, expires on May 3, 2023.

However, due to the length of the documents concerned by your application,
and due to the necessary thorough reassessment, our consultations are
taking more time than expected, so that Parliament must exceptionally
extend the time limit provided by Article 8(1) of Regulation (EC) No
1049/2001 by a further 15 working days in accordance with Article 8(2) 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 a laissé une remarque ()

On June 30th I have received from the EP the final answer to my two original requests. The 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.