When are MEP documents considered documents under Regulation 1049/2001?
Dear European Ombudsman,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
Documents related to any and all complaints and investigations about European Parliament's decisions concerning requests for access to documents held by MEPs. This includes any and all complains, decisions, communications to or from the Parliament or MEPs.
Additionally, any document, including internal Ombudsman's reports or any other document, that sheds any light about when a document held by an MEP can be considered a document held by the European Parliament under Regulation 1049/2001.
Yours faithfully,
Julio Martínez López
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
Sent by ve_ombu.euroombudsman (OMBU) <[European Ombudsman request email]>. All
responses have to be sent to this email address.
Envoyé par ve_ombu.euroombudsman (OMBU) <[European Ombudsman request email]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.
Dear Mr Martínez López,
Thank you for your request for public access to documents that you
submitted to the European Ombudsman’s Office on 06/09/2024.
Your request has been registered today under reference
[5]Ares(2024)6402328.
It will be dealt with in accordance with Regulation 1049/2001 regarding
public access to European Parliament, Council and Commission documents and
the Decision of the European Ombudsman on internal procedures for dealing
with applications for public access to documents and requests for
information.
We will deal with your request as soon as possible and reply to you no
later than 01/10/2024 (15 working days from the date of registration of
your request).
If you have any questions, please do not hesitate to contact our Office by
telephone: + 33 (0)3 88 17 23 13 or e-mail: [6][European Ombudsman request email].
Yours sincerely,
[7]cid:image003.png@01D86A9B.093A7210 European Ombudsman
Access to Documents and Freedom of
Information Team
1 avenue du Président Robert Schuman
CS 30403
F - 67001 Strasbourg Cedex
[8]www.ombudsman.europa.eu
References
Visible links
1. file:///tmp/cid:filelist.xml@01DB0374.6C8B4DC0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. mailto:[European Ombudsman request email]
8. European Ombudsman Home Page
http://www.ombudsman.europa.eu/
Dear Mr Martínez López,
I am writing in reply to your request for public access to documents
concerning “complaints and investigations about European Parliament's
decisions concerning requests for access to documents held by MEPs.”
We have registered your request under reference Ares(2024)6402328. We have
dealt with your request according to Regulation 1049/2001[1][1] and the
Ombudsman’s Decision on the handling of requests for public access to
documents.[2][2]
Please note that the current functionality and design of the Ombudsman’s
case management system does not allow for the automatic identification of
documents as falling within the scope of your request. We therefore used
key words to identify cases against the European Parliament concerning
public access to documents. A list of 94 cases was retrieved from the
database. We then went through each of those cases in order to identify
whether the case fell within the scope of your request.
We identified one case, which concerned the issue of Parliaments’
distinction between ‘Parliament documents’ and documents that pertain to
the individual sphere of MEPs in the exercise of their free mandate. The
decision in this case is available on our website:
[3]https://www.ombudsman.europa.eu/en/decis...
In addition, we have identified 23 additional documents. For a list of the
documents and their reference numbers, please see the attached table.
We have decided to grant you partial access to the documents above. We
have redacted the documents with a view to protecting personal data in
accordance with Article 4(1)(b) of Regulation 1049/2001 together with
Regulation 2018/1725. According to Article 4(1)(b) of Regulation
1049/2001, access to a document (or parts thereof) shall be refused if its
disclosure would undermine the protection of privacy and the integrity of
the individual. If you wish to have access to the redacted personal data,
you may submit a corresponding request. It should be noted that Article
9(1)(b) of Regulation 2018/1725 requires to demonstrate, in your potential
request, the need to have the personal data transferred for a specific
purpose of public interest and that its disclosure would not prejudice the
legitimate interests of others.
Should you wish to challenge this decision, you may request a review under
Article 7(2) of Regulation 1049/2001 (‘confirmatory application’
procedure). You may do so by sending an e -mail to
[4][European Ombudsman request email] within 15 working days of having received this
decision.
Finally, as you know, you made two complaints about this issue (cases
741/2024/OAM and 1739/2024/OAM, which we received after you had made your
public access request). We note that you did not refer explicitly to your
complaints. We would thus appreciate if you could confirm whether you
would like to receive public access to documents in relation to the
complaints you made. We will then handle this as a new request.
If you have any questions or requests for clarifications, you are welcome
to contact us at the email above.
Sincerely,
Tereza Mandjukova
Tereza Mandjukova
Transparency Officer
European Ombudsman
1 avenue du Président Robert Schuman
CS 30403
F - 67001 Strasbourg Cedex
[5]www.ombudsman.europa.eu
────────────────────────
[6][1] Regulation 1049/2001 of the European Parliament and of the Council
regarding public access to European Parliament, Council and Commission
documents, available at:
[7]https://eur-lex.europa.eu/legal-content/...
[8][2] [9]https://www.ombudsman.europa.eu/en/docum....
References
Visible links
1. file:///tmp/foiextract20241001-2896962-ui6agd#_ftn1
2. file:///tmp/foiextract20241001-2896962-ui6agd#_ftn2
3. https://www.ombudsman.europa.eu/en/decis...
4. mailto:[European Ombudsman request email]
5. European Ombudsman Home Page
http://www.ombudsman.europa.eu/
6. file:///tmp/foiextract20241001-2896962-ui6agd#_ftnref1
7. https://eur-lex.europa.eu/legal-content/...
8. file:///tmp/foiextract20241001-2896962-ui6agd#_ftnref2
9. https://www.ombudsman.europa.eu/en/docum...