Transportudvalget 2022-23 (2. samling)
TRU Alm.del Bilag 223
Offentligt
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Ref. Ares(2022)3128578 - 21/04/2022
Mikolaj Ratajckyk
Senior Legal Adviser
Department – Legal & Procurement
Executive Directorate
Cologne
Ms Sadia Akbar Manan
Chefkonsulent / Senior Executive Legal
Advisor
Trafikstyrelsen
Danish Civil Aviation and Railway Authority
[email protected]
(sent by e-mail only)
Subject: Your consultation request on access to documents
Dear Ms Akbar Manan,
Thank you for your e-mail dated 30 March 2022, by which you inform the European Union Aviation
Safety Agency (EASA) that the Danish Civil Aviation and Railway Authority (DCARA) has received on 21
March 2022 a request from a Member of Danish Parliament regarding access to EASA's ADR
standardisation inspection report of 7 December 2021, related to EASA’s ADR standardisation
inspection of the DCARA, which took place from 27 September to 01 October 2021.
In your e-mail you request confirmation from EASA under Article 5 of Regulation (EU) 1049/2001
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whether
Members of National Parliaments are given a special status by EU regulation and therefore
can be granted a special access to documents, in this case, to Inspection Report of 7 December 2021.
After assessing your request, we would like to inform you that Regulation (EU) 1049/2001 does not
provide any special status/treatment for requests coming from Members from National or the
European Parliament. In fact, the current common administrative practice is that, as regards requests
for access emanating from Members of the European Parliament (MEPs), these are in principle
registered and treated in the same way as any other requests submitted by citizens or legal persons.
Said this, we recommend that you assess this request taking into account whether the Member of the
Parliament requesting access is i) acting on behalf of the Danish Parliament (meaning for example that
that there is an Investigation Committee ongoing, in the context of which the request is made, etc.) or
ii) he/she is requesting access as an individual person.
If the requester is acting on behalf of the Parliament (case i) referred above), we believe you should
follow any relevant special protocol or procedure there might be in place at national level to share this
type of confidential information between the National Administration and the Parliament (as for
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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.
An agency of the European Union
TE.LEGAL.00014-003
Postal address:
Postfach 10 12 53
50452 Cologne, Germany
Visiting address:
Konrad-Adenauer-Ufer 3
50668 Cologne, Germany
Tel.:
+49 221 89990 5108
E-mail:
[email protected]
Web:
www.easa.europa.eu
ISO 9001 Certified
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 TRU, Alm.del - 2022-23 (2. samling) - Bilag 223: Brev af 11/6-23 til udvalget vedrørende EASAs tilsynsrapport om Københavns Lufthavn
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example it is the case for relations between the European Parliament and the European Commission
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).
On the contrary, if the requester is acting as an individual, his/her request to access to documents
should be treated in the same way as any other request submitted by any other citizen. In this sense,
we would like to kindly remind you that EASA’s assessment provided by letter Ref (Ares)412196 has
not changed so far, meaning that EASA does not oppose to the disclosure of those paragraphs of the
Inspection Report which are mentioned in that letter.
Finally, given that the requester is a Member of a National Parliament, you may also consider, after
having assessed the purpose for which access to the document is sought, to grant further access,
beyond what you would normally grant to an individual, under a special procedure such as for instance
an
in camera meeting
allowing to consult the document in a secure reading room, without the
possibility of making copies, taking extracts, or disseminating further the confidential content.
Should you have further questions, please do not hesitate to contact us again.
We appreciate that you provided us with the opportunity to express our view.
Yours sincerely,
Mikolaj Ratajczyk
(eSigned)
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Framework Agreement on relations between the European Parliament and the European Commission
(europa.eu)
Electronically signed on 21/04/2022 09:46 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
50452 Cologne, Germany
E-mail:
[email protected]
An agency of the European Union
Postal address:
Postfach 10 12 53
Tel.:
+49 221 89990 5108
TE.LEGAL.00014-003
Visiting address:
Konrad-Adenauer-Ufer 3
50668 Cologne, Germany
Web:
www.easa.europa.eu
ISO 9001 Certified
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