Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-03-10-Speech-2-068"
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"en.20090310.7.2-068"2
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"− Mr President, thank you for a very substantive report on the Commission’s proposal for a recast of Regulation (EC) No 1049/2001 regarding public access to documents. This is a very important and cherished subject and I appreciate the enormous work that has been done by Mr Cashman, as rapporteur, and also many other active, interested and skilled people in this House.
I would also like to repeat what I have said on previous occasions in this House and elsewhere. Regulation (EC) No 1049/2001 is the cornerstone of a policy on transparency, but we also need to think about what we can do proactively outside the formal legislation. That is why I announced at the joint committee meeting of the Committee on Civil Liberties, Justice and Home Affairs of 20 January that I am taking the initiative to prepare an openness action plan. Improved registers, greater user-friendliness and accessibility, active dissemination, and quicker publishing of documents are some examples of what I want to address in this action plan and, of course, continue to discuss with the other EU institutions. This is a pragmatic and efficient way to mainstream transparency into all our policies. We need to lead by example.
In this spirit, we should also look at ways to make our institutions and the way they operate more understandable to citizens. We need an active policy of informing citizens and making them aware of how Europe-wide policies affect their everyday life. Regulation (EC) No 1049/2001 is, of course, an important tool but, beyond the legal text, it is how we put this into practice that really counts.
To sum up the Commission’s position on Mr Cashman’s report at this stage of the procedure, I would like to say the following. There are some amendments the Commission cannot accept because they go beyond the legal base of Article 255 of the Treaty. There are other amendments we cannot accept because they go beyond the scope of the Commission’s proposed changes, but in some cases, such amendments nevertheless point to important issues that may well be addressed in another context. Also, the Commission is always willing to take on board good ideas in whatever context it may be. Once we have Parliament’s and the Council’s positions, you will have the position from the third corner in the institutional triangle.
I look forward to an interesting and thought-provoking discussion to come. The subject deserves that, and our citizens are entitled to expect clear and well-functioning legislation on public access to our documents.
This is a subject that touches upon fundamental and sometimes conflicting rights of citizens, associations and undertakings. We need to look very carefully at the necessary changes to be made to this Regulation and we need to remain focused on openness. All three institutions have agreed that, overall, Regulation (EC) No 1049/2001 has worked remarkably well for almost eight years now. Parliament, Council and Commission are much more open now than ever before. You could say that the change of rules led to a change of practice and to a change of minds and attitudes.
At the same time, Parliament, Council and Commission also agree that legitimate interests have received adequate protection. We should not forget that the EU institutions have granted access to a higher number of documents, while a decrease in the number and rate of refusals has been registered. So I hope you agree that Regulation (EC) No 1049/2001 has proven its value. For this reason, a complete overhaul is not necessary.
Having said this, even a good tool can always be improved. The legal base we have as our starting point is Article 255 of the Treaty, as has already been mentioned by the rapporteur. Following that, the Regulation shall define principles and the limits governing the citizen’s right of access to documents. As regards the report at hand, I note that some amendments go beyond the scope of Article 255 of the Treaty and therefore these amendments cannot be accepted. But – and this is an important ‘but’ – they point to important issues that may well be addressed in another context. The Commission will certainly look at that with a constructive, pragmatic and open mind.
It is good practice to assess from time to time whether legislation works well and achieves its objectives, and it is in this spirit that the Commission drafted its proposal for a recast of the Regulation. The use of the recast technique meets the objective of better lawmaking. Since this Regulation touches upon a fundamental right of citizens, it is of the utmost importance to adopt a single, clear and readable legal text.
The recast technique does not tie the hands of the legislator more than the traditional way of amending legislation. Irrespective of the choice of legislative technique, the Community legislator may not go beyond the aim of the proposal.
We are committed to continuing to enhance transparency and openness, and I firmly believe that this is a good way to do it. In this context, however, I have to mention that a number of the amendments concern provisions of Regulation (EC) No 1049/2001 which the Commission did not propose to amend. We are not in a position to accept them because they go beyond the scope of the Commission’s proposal.
Having said this, the Commission is, of course, willing to take on board good ideas, although we are at the moment still in the early stages of the procedure. I would like to confirm that the Commission is willing to have discussions with the two co-legislators and that we want to try to find common ground in order to reach a balanced and workable compromise text. However, the Commission prefers to come forward with an amended proposal when the two co-legislators have stated their position. We cannot and will not prejudge or anticipate discussions or negotiations.
We should also bear in mind the changes that the Lisbon Treaty – if and when it enters into force – will bring about on this important issue. Regulation (EC) No 1049/2001 will then apply to all institutions, bodies, agencies and offices of the European Union, albeit to a limited extent for the Court of Justice, the European Central Bank and the European Investment Bank. For citizens, the Lisbon Treaty will mean real progress when all EU bodies will apply a common set of rules on access to documents. Such a single set of rules ensures consistency but, at the same time, it must be tailored to fit the great number of bodies with very different mandates and competences."@en1
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