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The President
D 202530 04.10.2016
Mr Wemer LANGEN
Chair
Committee of Inquiry into Money Laundering,
Tax Avoidance and Tax Evasion
EUROPEAN PARLIAMENT
Dear Mr Langen,
Thank you for your letter dated 18 July 2016, supporting the request from Ms VAN
BREMPT, Chair of the Committee of Inquiry into Emission Measurements in the
Automotive Sector (EMIS), to modify the Rules governing the treatment of confidential
information by the European Parliament and in particular the access rights of Members’
accredited parliamentary assistants (APAs) to “other confidential information” (OCD).
At its meeting of 12 September 2016, the Bureau considered both requests together. The
Bureau took note that you and Ms VAN BREMPT consider that the fact that APAs are
not allowed access to “other confidential information”, as provided for in Parliament's
internal rules (Bureau decision of 15 April 2013, in force since 1 April 2014), severely
limits the capacity of the two temporary inquiry committees to maximise the
confidential information obtained from consulting the documents made available to
them by both the Commission and Member States.
‘The Bureau recalled that Parliament's internal rules governing the treatment of
confidential information were adopted as an implementing measure of two
interinstitutional agreements, one with the Commission (Framework Agreement on
relations between the European Parliament and the European Commission, signed on 20
October 2010, in particular Annex 2), and one with the Council (Interinstitutional
Agreement between the European Parliament and the Council concerning the
forwarding to and handling by the European Parliament of classified information held
by the Council on matters other than those in the area of the Common Foreign and
Security Policy, signed on 12 March 2014),
‘The Bureau noted that while the interinstitutional agreement with the Council only deals.
with the handling of classified information, the interinstitutional agreement with the
Commission covers both classified and non-classified information, i.e. “other
confidential information” (OCI),As regards classified information, both interinstitutional agreements provide for very
strict access to specific persons, including, under strict conditions, Parliament officials
and staff of political groups who need to have a security clearance,
As regards non-classified information, i.e. OCI, the interinstitutional agreement with the
Commission provides for specific arrangements for access to and handling of such
information in paragraph 3 of its Annex 2, which deals with “c
of both classified and non-classified nature, limiting infer alia such access to, under
strict conditions, Parliament officials and staff of political groups who need to have the
required level of security clearane:
The Bureau noted therefore that Parliament’s internal rules on access to OCI stem from
interinstitutional agreements concluded with the Commission and the Council, endorsed
by Parliament, and that the Bureau cannot unilaterally enlarge the circle of persons
entitled to have access to any type of confidential information, including OCI, beyond
‘what is provided for in the interinstitutional agreements,
‘The Bureau therefore declined authorisation of your request.
Please be informed that a similar letter was sent to Mr LANGEN.
Yours sincerely,
(a
| Martin Schulz