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OFFICE FOR OFFICIAL PUBLICATIONSOF THE EUROPEAN COMMUNITIES
L-2985 Luxembourg
EUROPEAN UNION
ACCESS TO EUROPEANPARLIAMENT,COUNCIL AND COMMISSION DOCUMENTS
A user’s guide
EUROPEAN COMMISSION
COUNCIL OF THE EUROPEAN UION
E U R O P E A N PA R L I A M E N T
ISBN 92-894-1903-2
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EUROPEAN UNION
ACCESS TO EUROPEANPARLIAMENT,COUNCIL AND COMMISSION DOCUMENTS
A user’s guide
A great deal of additional information on the European Union is available on theInternet. It can be accessed through the Europa server (http://europa.eu.int).
Cataloguing data can be found at the end of this publication.
Luxembourg: Office for Official Publications of the European Communities, 2002
ISBN 92-894-1903-2
© European Communities, 2002Reproduction is authorised provided the source is acknowledged.
Printed in Belgium
Foreword
This guide is intended to help clarity and openness. The European Union’sdecisions are increasingly important in people’s daily lives and access to itsdocuments is a fundamental part of a spirit of openness.
The Treaty establishing the European Community recognises the citizen’s rightof access to European Parliament, Council and Commission documents.Regulation No 1049/2001 of 30 May 2001 lays down the general principlesand restrictions relating to right of access.
This guide, which has been jointly produced by Parliament, the Council andCommission, gives practical advice on how to obtain access to their docu-ments.
This guide has no legal force. It is intended to provide a short summary ofthe rules on access to documents. For the exact details of the principles,conditions and limitations of rights of access, you should refer to the textspublished in the Official Journal (see annexes).
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Article 255 of the Treaty establishing the European Community
1. Any citizen of the Union, and any natural or legal person residing orhaving its registered office in a Member State, shall have a right of accessto European Parliament, Council and Commission documents, subject tothe principles and the conditions to be defined in accordance with para-graphs 2 and 3.
2. General principles and limits on grounds of public or private interestgoverning this right of access to documents shall be determined by theCouncil, acting in accordance with the procedure referred to in Article 251within two years of the entry into force of the Treaty of Amsterdam.
3. Each institution referred to above shall elaborate in its own rules of pro-cedure specific provisions regarding access to its documents.
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Contents
Introduction 7
Access to documents: how to proceed 9
Direct access to documents 11
In the Official Journal 11
On the Internet 11
In the archives 12
How to obtain access to other documents 13
Who can apply? 13
How to find the document 13
How to make an application 14
Where to send it 14
What does it cost 14
How the application is handled 15
Responses to applications 15
The application is accepted 15
The application is refused 15
Useful addresses 17
Annexes 25
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Introduction
The institutional world of the European Union is complex. It is not alwayseasy to find the right address. If the institutions want the public to know abouttheir activities they have to guide people towards the information they areseeking.
Before going into details, it is worth considering the role of each institution asthis provides the first indication of where documents might be found.
● The Commission has a dual role. Firstly, it proposes new regulations, whichare presented to the European Parliament and the Council. Secondly, itensures that Community legislation is properly enforced by the MemberStates; this is its role as guardian of the treaties.
● The European Parliament, which is elected every five years by direct uni-versal suffrage, is the expression of the democratic will of 374 millionEuropean citizens. It exercises part of the legislative power. It adopts a con-siderable proportion of legislative acts jointly with the Council; it is con-sulted on other legislative proposals. It shares budgetary authority with theCouncil. At the end of the procedure, it adopts the budget in its entirety.Parliament approves the appointment of Members of the Commission andcan pass a motion of censure against them. The Council and Commissionare also politically answerable to Parliament.
● The Council of the European Union consists of ministerial representativesof Member State governments. It exercises part of the legislative power: itadopts legislative acts jointly with Parliament or after consultation ofParliament. It also adopts acts of general application relating to cooperationconcerning the common foreign and security policy and justice and homeaffairs, where it has an executive role, and in other areas.
Addresses and useful information are given at the end of this guide.
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Access to documents: how to proceed
A number of documents are published on paper or in electronic form, oftenboth. Such documents are directly accessible to the public.
You can request access to any unpublished document in paper, electronic,sound, visual or audiovisual form.
You should not confuse access to documents and access to information.
When the institutions receive your application, they will provide existingdocuments in the form in which they are available.
To help you obtain information on their activities, the EU institutions havemade a number of publications (papers, reports, studies, leaflets andbrochures) available on the Internet and through an extensive network ofinformation centres and contact points.
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Direct access todocuments
In the Official Journal
The Official Journal of the European Communities is available on paper or inelectronic form in the European Union’s eleven official languages: Danish,Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanishand Swedish.
It can be bought from the sales outlets of the Office of Official Publicationsof the European Communities.
On the Internet
A number of documents are directly accessible in electronic form on theinstitutions’ Internet sites. Access is free and they can be consulted in theeleven official languages. You can access these sites directly or through thejoint Europa portal.
Examples of documents that are directly accessible on the Internet
● Agendas and minutes of Commission meetings.
● The European Parliament’s opinions on Commission legislative proposals.
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● Provisional agendas for Council, committee and working party meetingsand notes and drafts of acts when the Council acts as legislator.
The following Internet sites also give access to several databases, such as:
● EUR-Lex: the Official Journal and legislation in force.
● CELEX: a database where you can carry out documentary searches onCommunity law, i.e. legislation and jurisprudence (a subscription required).
● PRE-Lex: a database of interinstitutional procedures. It enables you to followthe main stages of the decision-making process between the Commissionand the other institutions and see the full text of the documents.
● Legislative Observatory (OEIL): the European Parliament’s database, whichprovides a summary of European Union decision-making processes. Youcan follow interinstitutional legislative work, the activities of Parliament’scommittees and what happens at plenary sessions. It summarises all stagesof procedures and the full text of all documents drawn up by Parliament.
● Ted (Tenders electronic daily): Internet version of the Supplement to theOfficial Journal. You can see the calls for tender published by the institu-tions.
In the archives
With very few exceptions, documents that are over thirty years old are direct-ly accessible to the public. They have been deposited in the historicalarchives of the institutions, each of which has a reading room open to thepublic. The references to documents in the Commission’s historical archivescan be found in the Archis database, which can be found on the Internet.
The University Institute in Florence holds the institutions’ historical archives,which are made accessible to the public and transferred annually under the30-year rule.
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How to obtainaccess to otherdocuments
You can ask to see a document that has not been made public. This appliesboth to documents drawn up by the institution and documents it receives thatcome within its remit.
Who can apply?
Whatever your nationality and place of residence and whether you apply asan individual or on behalf of an association or company, you can apply foraccess to a Parliament, Council or Commission document without having tostate the reasons for your application,
How to find the document
To help you in your search the EU institutions have set up registers of docu-ments. These contain information such as titles, authors, dates and referencenumbers. You can consult the registers on the Internet.
Some documents mentioned are already directly accessible. By clicking onthe document number or the icon next to the title, you can obtain the full texton screen.
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If you cannot identify the document in the register, this does not mean that thedocument does not exist. The registers are intended as finding aids and willbe developed over the course of time.
How to make an application
Any application for access to a document must be made in writing in one ofthe following languages: Danish, Dutch, English, Finnish, French, German,Greek, Italian, Irish, Portuguese, Spanish or Swedish. You can send yourapplication by post, fax or e-mail. If you have identified a document in a reg-ister, you only have to include the references in your application. If you areseeking access to a document that does not appear in the register, you mustformulate your application as precisely as possible, providing maximuminformation to enable identification.
The institutions’ Internet sites provide electronic forms and other facilities,to help you make your application.
Where to send it
The application should be sent to the institution that holds the document.
● European Parliament: the public register of documents.
● Council: the General Secretariat — the transparency, access to documentsand public information unit.
● Commission: either to the Secretariat-General, Unit SG/B/2 — Openness,access to documents, relations with civil society, or directly to the depart-ment concerned.
What does it cost
In principle, access is free. You can either consult the document at the insti-tution or arrange to have a copy sent electronically or on paper. If the docu-ment exceeds 20 pages, there may be a charge for copying and sending it.
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How the application is handled
Once the institution receives your application, it is registered and you willreceive an acknowledgement of receipt. After registration, the institution has15 days to reply. This may exceptionally be extended for an additional 15working days if the document is very long or you have asked for a very largenumber of documents.
Responses to applications
The application is accepted
You will receive the document as a paper copy or in electronic form, as youchoose. You may also be asked to come and consult the document at the insti-tution.
The application is refused
Reasons
Institutions will refuse to communicate a document if its disclosure would beharmful to:
— the public interest as regards public security, defence, relations with thirdcountries, or economic and financial policy;
— privacy and the integrity of the individual;
— the commercial interests of a person or undertaking;
— court proceedings and legal advice;
— the purpose of inspections, investigations and audits;
— an institution’s decision-making processes.
With the exception of the first two reasons (public interest and privacy), thedocument will be made available if the public interest of disclosure is greaterthan the potential harm.
If the reasons for refusal concern only part of the document, the other partswill be communicated.
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For documents over 30 years old, the only exceptions concerning right ofaccess will concern:
● protection of privacy;
● protection of commercial interests;
● documents classified confidentiel (confidential), secret (secret) or trèssecret top secret, to protect public interest (public safety, defence, interna-tional relations, economic and financial policy).
The institutions must explain any refusal, whatever the reasons.
Appeals
If you are refused access to a document or do not receive a reply within thetime limits (15 working days from registration of the application), you can askfor the decision to be reconsidered. You must do this within 15 working daysof receiving the negative reply, or from expiry of the time limit if you have notreceived a reply. All you have to do is apply to the institution in writing. Theinstitution then has 15 working days to confirm or alter its decision.
If the refusal is upheld, there are two ways of making an appeal.
● You can make a complaint to the European Ombudsman: theOmbudsman’s task is to investigate cases of maladministration in the EU’sinstitutions and agencies, and above all to try to find amicable solutions.Any citizen or resident of the Union can contact him by post, fax or e-mail.A complaint form is available from the Ombudsman’s office or on theInternet.
● You can bring a case before the Court of First Instance of the EuropeanCommunities: to do this, you must be represented by a lawyer.
** *
We hope that you will find this guide useful in your searches for documentsheld by the European Parliament, the Council and Commission.
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Useful addresses
Access to documents
(1) Where to send applications
European Parliament
Public register of documents of the European Parliament
Rue WiertzB-1047 BrusselsBelgiumFax (32-2) 284 90 17
Plateau du KirchbergB.P. 1601L-2929 LuxembourgFax (352) 430 02 29 78E-mail: [email protected]:http://www4.europarl.eu.int/registre/recherche/Menu.cfm?langue=EN
Council of the European Union
General Secretariat of the Council of the European Union
Transparency, access to documents and public information unit
Rue de la Loi 175B-1048 BrusselsBelgiumFax (32-2) 285 63 61E-mail: [email protected]: http://ue.eu.int/en/summ.htm under ‘Transparency’
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European Commission
Secretariat-General of the European Commission
Unit SG/B/2 — Openness, access to documents, relations with civil society
B-1049 BrusselsBelgiumFax (32-2) 296 72 42E-mail: [email protected]:http://europa.eu.int/comm/secretariat_general/sgc/acc_doc/index_en.htm
Other directorates-general:
European CommissionB-1049 BrusselsBelgiumTel. (32-2) 299 11 11Fax (32-2) 295 01 38
(2) Appeals in the event of refusal
European Ombudsman
Avenue du Président Robert Schuman 1B.P. 403F-67001 Strasbourg CedexFrance Tel. (33-2) 388 17 23 13 Fax (33-2) 388 17 90 62 E-mail: [email protected]: http://www.euro-ombudsman.eu.int
Court of First Instance of the European Communities
Rue du Fort NiedergrünewaldL-2925 LuxembourgTel. (352) 430 31Fax (352) 43 03 26 00Internet: http://curia.eu.int
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Registers of documents
Electronic register of documents of the European Parliament
Internet:http://www4.europarl.eu.int/registre/recherche/Menu.cfm?langue=EN
Register of documents of the Council of the European Union
Internet: http://register.consilium.eu.int
Register of documents of the European Commission
Internet:http://europa.eu.int/comm/secretariat_general/sgc/acc_doc/index_en.htm
General information
European Parliament
The European Parliament’s information offices in the Member States
Internet: http://www.europarl.eu.int/addresses/offices/default.htm
Council of the European Union
General Secretariat
Unit for Information to the PublicRue de la Loi 175B-1048 BrusselsBelgiumCall centre/Tel. (32-2) 285 56 60Fax (32-2) 285 53 33E-mail: [email protected]
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European Commission
Europe Direct Call centre Tel. 00 800 67 89 10 11Internet: http://europa.eu.int/europedirect/index.html
Commission representations in the Member States
Internet: http://europa.eu.int/comm/represent_en.htm
Commission delegations in non-EU countries
Internet: http://europa.eu.int/comm/external_relations/repdel/
Miscellaneous
Dialogue with business
Internet: http://europa.eu.int/business/en/index.html
Archives, libraries and documentation centres
European Parliament
Archives
Reading room (by appointment):Alcide de Gasperi Building,Room 01C011Plateau du KirchbergB.P. 1601L-2929 LuxembourgTel. (352) 430 02 32 73Fax (352) 43 94 93E-mail: [email protected]
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Council of the European Union
Archives
Reading room (by appointment):Justus Lipsius Building, level 05(Belliard entrance) Chaussée d’Etterbeek 80B-1048 BrusselsBelgiumTel. (32-2) 285 72 92Fax (32-2) 285 81 24E-mail: [email protected] times: Monday to Friday, 9 a.m.–4.30 p.m.
Central library (by appointment)
Square Frère-Orban 2B-1040 BrusselsBelgiumTel. (32-2) 285 65 41Fax (32-2) 285 81 74E-mail: [email protected] times: Monday to Friday, 9 a.m. – 5 p.m.
Documentation centre
Justus Lipsius BuildingRue de la Loi 175B-1048 BrusselsBelgiumTel. (32-2) 285 61 07Fax (32-2) 285 53 32E-mail: [email protected]
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European Commission
Archives
Reading room:Square de Meeûs 8, Room 0/4 B-1050 BrusselsBelgiumTel. (32-2) 295 05 57Fax (32-2) 296 10 95 E-mail: [email protected] times: Monday to Thursday, 9 a.m. – 12.30 p.m. and 2 – 5 p.m.Friday, 9 a.m.–12.30 p.m. and 2–4 p.m.
Central library
Rue Van Maerlant 18B-1049 BrusselsBelgiumInternet: http://europa.eu.int/comm/libraries/bibliotheques_en.htmopen to the public: Monday to Thursday, 10 a.m.–5 p.m.
Other useful addresses
The Office for Official Publications of the European Communities Sales, promotion and customer support service
2 rue MercierL-2985 LuxembourgTel. (352) 29 29-1Fax (352) 49 57 19E-mail: [email protected] agents: http://publications.eu.int/general/en/salesagents_en.htmInternet: http://www.eur-op.eu.int
National information centres on Europe, Info-Points Europe, rural information carrefours, European documentation centres and other specific relays and networks
European CommissionDirectorate-General for Press and CommunicationPress Unit /A/2B-1049 BrusselsBelgiumOutlets: http://europa.eu.int/comm/relays/index_en.htm
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University Institute in Florence
Via dei Roccettini, 9I-50016 San Domenico di Fiesole (Firenze),ItalyTel. (39) 055 468 51Fax (39) 055 59 98 87Internet: http://www.iue.it
Databases
ArchisPlus — the Commission’s Historical Archives database
Internet: http://europa.eu.int/comm/secretariat_general/archisplus/htdocs/en/htm/home.htm
CELEX
Internet: http://europa.eu.int/celex/
EUR-Lex
Internet: http://europa.eu.int/eur-lex/
Europa
Internet: http://europa.eu.int
The European Union at a glance, basic information about the EuropeanUnion with links to more detailed information
Internet: http://europa.eu.int/abc-en.htm
Legislative Observatory (OEIL)
Internet: http://wwwdb.europarl.eu.int/dors/oeil/en/default.htm
Pre-Lex
Internet: http://europa.eu.int/prelex/apcnet.cfm?CL=en
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Electronic register of documents of the European Parliament
Internet:http://www4.europarl.eu.int/registre/recherche/Menu.cfm?langue=EN
Register of documents of the Council of the European Union
Internet: http://register.consilium.eu.int
Register of documents of the European Commission
Internet:http://europa.eu.int/comm/secretariat_general/sgc/acc_doc/index_en.htm
Ted
Internet: http://ted.eur-op.eu.int
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Annexes
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THE EUROPEAN PARLIAMENT AND THECOUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing theEuropean Community, and in particularArticle 255(2) thereof;
Having regard to the proposal from theCommission(1);
Acting in accordance with the procedurereferred to in Article 251 of the Treaty(2);
Whereas:
(1) The second subparagraph of Article 1 ofthe Treaty on European Union enshrinesthe concept of openness, stating that theTreaty marks a new stage in the process ofcreating an ever closer union among thepeoples of Europe, in which decisions aretaken as openly as possible and as closely aspossible to the citizen.
(2) Openness enables citizens to participatemore closely in the decision-makingprocess and guarantees that the adminis-tration enjoys greater legitimacy and ismore effective and more accountable tothe citizen in a democratic system.Openness contributes to strengtheningthe principles of democracy and respectfor fundamental rights as laid down inArticle 6 of the EU Treaty and in theCharter of Fundamental Rights of theEuropean Union.
(3) The conclusions of the European Councilmeetings held at Birmingham, Edinburghand Copenhagen stressed the need to
introduce greater transparency into thework of the Union institutions. This regu-lation consolidates the initiatives that theinstitutions have already taken with aview to improving the transparency of thedecision-making process.
(4) The purpose of this regulation is to givethe fullest possible effect to the right ofpublic access to documents and to laydown the general principles and limits onsuch access in accordance with Article255(2) of the EC Treaty.
(5) Since the question of access to docu-ments is not covered by provisions of theTreaty establishing the European Coaland Steel Community and the Treatyestablishing the European Atomic EnergyCommunity, the European Parliament,the Council and the Commission should,in accordance with Declaration No 41attached to the Final Act of the Treaty ofAmsterdam, draw guidance from this reg-ulation as regards documents concerningthe activities covered by those twotreaties.
(6) Wider access should be granted to docu-ments in cases where the institutions areacting in their legislative capacity, includ-ing under delegated powers, while at thesame time preserving the effectiveness ofthe institutions’ decision-making process.Such documents should be made directlyaccessible to the greatest possible extent.
(7) In accordance with Articles 28(1) and41(1) of the EU Treaty, the right of accessalso applies to documents relating to thecommon foreign and security policy andto police and judicial cooperation incriminal matters. Each institution shouldrespect its security rules.
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
Official Journal L 145, 31.5.2001, p. 43
(1) OJ C 177 E, 27.6.2000, p. 70.(2) Opinion of the European Parliament of 3 May 2001 (C 27
E, 31.1.2002, p. 39) and Council Decision of 28 May2001.
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(8) In order to ensure the full application ofthis regulation to all activities of theUnion, all agencies established by theinstitutions should apply the principleslaid down in this regulation.
(9) On account of their highly sensitivecontent, certain documents should begiven special treatment. Arrangementsfor informing the European Parliamentof the content of such documentsshould be made through interinstitu-tional agreement.
(10) In order to bring about greater opennessin the work of the institutions, access todocuments should be granted by theEuropean Parliament, the Council andthe Commission not only to documentsdrawn up by the institutions, but also todocuments received by them. In thiscontext, it is recalled that DeclarationNo 35 attached to the Final Act of theTreaty of Amsterdam provides that aMember State may request theCommission or the Council not to com-municate to third parties a documentoriginating from that State without itsprior agreement.
(11) In principle, all documents of the insti-tutions should be accessible to the public.However, certain public and privateinterests should be protected by way ofexceptions. The institutions should beentitled to protect their internal consul-tations and deliberations where neces-sary to safeguard their ability to carryout their tasks. In assessing the excep-tions, the institutions should takeaccount of the principles in Communitylegislation concerning the protection ofpersonal data, in all areas of Unionactivities.
(12) All rules concerning access to docu-ments of the institutions should be inconformity with this regulation.
(13) In order to ensure that the right of accessis fully respected, a two-stage adminis-trative procedure should apply, with the
additional possibility of court proceed-ings or complaints to the Ombudsman.
(14) Each institution should take the meas-ures necessary to inform the public ofthe new provisions in force and to trainits staff to assist citizens exercising theirrights under this regulation. In order tomake it easier for citizens to exercisetheir rights, each institution should pro-vide access to a register of documents.
(15) Even though it is neither the object northe effect of this regulation to amendnational legislation on access to docu-ments, it is nevertheless clear that, byvirtue of the principle of loyal coopera-tion which governs relations betweenthe institutions and the Member States,Member States should take care not tohamper the proper application of thisregulation and should respect the secu-rity rules of the institutions.
(16) This regulation is without prejudice toexisting rights of access to documentsfor Member States, judicial authoritiesor investigative bodies.
(17) In accordance with Article 255(3) of theEC Treaty, each institution lays downspecific provisions regarding access toits documents in its rules of procedure.Council Decision 93/731/EC of 20December 1993 on public access toCouncil documents(3), CommissionDecision 94/90/ECSC, EC, Euratom of8 February 1994 on public access toCommission documents(4), EuropeanParliament Decision 97/632/EC, ECSC,Euratom of 10 July 1997 on publicaccess to European Parliament docu-ments(5), and the rules on confidentialityof Schengen documents should there-fore, if necessary, be modified or berepealed,
(3) OJ L 340, 31.12.1993, p. 43. Decision as last amendedby Decision 2000/527/EC (OJ L 212, 23.8.2000, p. 9).
(4) OJ L 46, 18.2.1994, p. 58. Decision as amended byDecision 96/567/EC, ECSC, Euratom (OJ L 247,28.9.1996, p. 45).
(5) OJ L 263, 25.9.1997, p. 27.
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HAVE ADOPTED THIS REGULATION:
Article 1
Purpose
The purpose of this regulation is:
(a) to define the principles, conditions andlimits on grounds of public or privateinterest governing the right of access toEuropean Parliament, Council andCommission (hereinafter referred to as‘the institutions’) documents provided forin Article 255 of the EC Treaty in such away as to ensure the widest possibleaccess to documents;
(b) to establish rules ensuring the easiest pos-sible exercise of this right; and
(c) to promote good administrative practiceon access to documents.
Article 2
Beneficiaries and scope:
1. Any citizen of the Union, and any naturalor legal person residing or having its reg-istered office in a Member State, has aright of access to documents of the institu-tions, subject to the principles, conditionsand limits defined in this regulation.
2. The institutions may, subject to the sameprinciples, conditions and limits, grantaccess to documents to any natural orlegal person not residing or not having itsregistered office in a Member State.
3. This regulation shall apply to all docu-ments held by an institution, that is to say,documents drawn up or received by it andin its possession, in all areas of activity ofthe European Union.
4. Without prejudice to Articles 4 and 9,documents shall be made accessible tothe public either following a written appli-cation or directly in electronic form orthrough a register. In particular, docu-ments drawn up or received in the courseof a legislative procedure shall be madedirectly accessible in accordance withArticle 12.
5. Sensitive defined in documents as Article9(1) shall be subject to special treatmentin accordance with that article.
6. This regulation shall be without prejudiceto rights of public access to documentsheld by the institutions which might fol-low from instruments of international lawor acts of the institutions implementingthem.
Article 3
Definitions
For the purpose of this regulation:
(a) ‘document’ shall mean any content what-ever its medium (written on paper orstored in electronic form or as a sound,visual or audiovisual recording) concerninga matter relating to the policies, activitiesand decisions falling within the institution’ssphere of responsibility;
(b) ‘third party’ shall mean any natural orlegal person, or any entity outside theinstitution concerned, including theMember States, other Community or non-Community institutions and bodies andthird countries.
Article 4
Exceptions
1. The institutions shall refuse access to adocument where disclosure would under-mine the protection of:
(a) the public interest as regards:
— public security;
— defence and military matters;
— international relations;
— the financial, monetary or economic pol-icy of the Community or a MemberState.
(b) privacy and the integrity of the individ-ual, in particular in accordance withCommunity legislation regarding theprotection of personal data.
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2. The institutions shall refuse access to adocument where disclosure would under-mine the protection of:
— commercial interests of a natural orlegal person, including intellectualproperty,
— court proceedings and legal advice,
— the purpose of inspections, investiga-tions and audits,
unless there is an overriding public inter-est in disclosure.
3. Access to a document, drawn up by aninstitution for internal use or received byan institution, which relates to a matterwhere the decision has not been taken bythe institution, shall be refused if disclo-sure of the document would seriouslyundermine the institution’s decision-mak-ing process, unless there is an overridingpublic interest in disclosure.
Access to a document containing opinionsfor internal use as part of deliberations andpreliminary consultations within the insti-tution concerned shall be refused evenafter the decision has been taken if disclo-sure of the document would seriouslyundermine the institution’s decision-mak-ing process, unless there is an overridingpublic interest in disclosure.
4. As regards third-party documents, theinstitution shall consult the third partywith a view to assessing whether anexception in paragraph 1 or 2 is applica-ble, unless it is clear that the documentshall or shall not be disclosed.
5. A Member State may request the institu-tion not to disclose a document originat-ing from that Member State without itsprior agreement.
6. If only parts of the requested documentare covered by any of the exceptions, theremaining parts of the document shall bereleased.
7. The exceptions as laid down in para-graphs 1 to 3 shall only apply for the peri-od during which protection is justified on
the basis of the content of the document.The exceptions may apply for a maximumperiod of 30 years. In the case of docu-ments covered by the exceptions relatingto privacy or commercial interests and inthe case of sensitive documents, theexceptions may, if necessary, continue toapply after this period.
Article 5
Documents in the Member States
Where a Member State receives a request fora document in its possession, originatingfrom an institution, unless it is clear that thedocument shall or shall not be disclosed, theMember State shall consult with the institu-tion concerned in order to take a decisionthat does not jeopardise the attainment of theobjectives of this regulation.
The Member State may instead refer therequest to the institution.
Article 6
Applications
1. Applications for access to a documentshall be made in any written form, includ-ing electronic form, in one of the languagesreferred to in Article 314 of the EC Treatyand in a sufficiently precise manner toenable the institution to identify the docu-ment. The applicant is not obliged to statereasons for the application.
2. If an application is not sufficiently precise,the institution shall ask the applicant toclarify the application and shall assist theapplicant in doing so, for example, byproviding information on the use of thepublic registers of documents.
3. In the event of an application relating to avery long document or to a very large num-ber of documents, the institution con-cerned may confer with the applicant infor-mally, with a view to finding a fair solution.
4. The institutions shall provide informationand assistance to citizens on how andwhere applications for access to docu-ments can be made.
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Article 7
Processing of initial applications
1. An application for access to a documentshall be handled promptly. An acknowl-edgement of receipt shall be sent to theapplicant. Within 15 working days fromregistration of the application, the institu-tion shall either grant access to the docu-ment requested and provide access inaccordance with Article 10 within thatperiod or, in a written reply, state the rea-sons for the total or partial refusal andinform the applicant of his or her right tomake a confirmatory application in accor-dance with paragraph 2 of this Article.
2. In the event of a total or partial refusal, theapplicant may, within 15 working days ofreceiving the institution’s reply, make aconfirmatory application asking the insti-tution to reconsider its position.
3. In exceptional cases, for example in theevent of an application relating to a verylong document or to a very large number ofdocuments, the time-limit provided for inparagraph 1 may be extended by 15 work-ing days, provided that the applicant isnotified in advance and that detailed rea-sons are given.
4. Failure by the institution to reply withinthe prescribed time-limit shall entitle theapplicant to make a confirmatory applica-tion.
Article 8
Processing of confirmatory applications
1. A confirmatory application shall be han-dled promptly. Within 15 working daysfrom registration of such an application,the institution shall either grant access tothe document requested and provideaccess in accordance with Article 10 with-in that period or, in a written reply, statethe reasons for the total or partial refusal.In the event of a total or partial refusal, theinstitution shall inform the applicant of theremedies open to him or her, namely insti-tuting court proceedings against the insti-
tution and/or making a complaint to theOmbudsman, under the conditions laiddown in Articles 230 and 195 of the ECTreaty, respectively.
2. In exceptional cases, for example in theevent of an application relating to a verylong document or to a very large numberof documents, the time limit provided forin paragraph 1 may be extended by 15working days, provided that the applicantis notified in advance and that detailedreasons are given.
3. Failure by the institution to reply withinthe prescribed time limit shall be consid-ered as a negative reply and entitle theapplicant to institute court proceedingsagainst the institution and/or make a com-plaint to the Ombudsman, under the rele-vant provisions of the EC Treaty.
Article 9
Treatment of sensitive documents
1. Sensitive documents are documents originat-ing from the institutions or the agencies estab-lished by them, from Member States, thirdcountries or International Organisations,classified as ‘Très secret/Top Secret’, ‘Secret’or ‘Confidentiel’ in accordance with therules of the institution concerned, whichprotect essential interests of the EuropeanUnion or of one or more of its MemberStates in the areas covered by Article4(1)(a), notably public security, defenceand military matters.
2. Applications for access to sensitive docu-ments under the procedures laid down inArticles 7 and 8 shall be handled only bythose persons who have a right to acquaintthemselves with those documents. Thesepersons shall also, without prejudice toArticle 11(2), assess which references tosensitive documents could be made in thepublic register.
3. Sensitive documents shall be recorded inthe register or released only with the con-sent of the originator.
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4. An institution which decides to refuseaccess to a sensitive document shall givethe reasons for its decision in a mannerwhich does not harm the interests protect-ed in Article 4.
5. Member States shall take appropriatemeasures to ensure that when handlingapplications for sensitive documents theprinciples in this Article and Article 4 arerespected.
6. The rules of the institutions concerningsensitive documents shall be made public.
7. The Commission and the Council shallinform the European Parliament regardingsensitive documents in accordance witharrangements agreed between the institu-tions.
Article 10
Access following an application
1. The applicant shall have access to docu-ments either by consulting them on thespot or by receiving a copy, including,where available, an electronic copy,according to the applicant’s preference.The cost of producing and sending copiesmay be charged to the applicant. Thischarge shall not exceed the real cost ofproducing and sending the copies.Consultation on the spot, copies of lessthan 20 A4 pages and direct access inelectronic form or through the registershall be free of charge.
2. If a document has already been releasedby the institution concerned and is easilyaccessible to the applicant, the institutionmay fulfil its obligation of granting accessto documents by informing the applicanthow to obtain the requested document.
3. Documents shall be supplied in an exist-ing version and format (including elec-tronically or in an alternative format suchas Braille, large print or tape) with fullregard to the applicant’s preference.
Article 11
Registers
1. To make citizens’ rights under this regula-tion effective, each institution shall providepublic access to a register of documents.Access to the register should be providedin electronic form. References to docu-ments shall be recorded in the registerwithout delay.
2. For each document the register shall con-tain a reference number (including, whereapplicable, the interinstitutional refer-ence), the subject matter and/or a shortdescription of the content of the documentand the date on which it was received ordrawn up and recorded in the register.References shall be made in a mannerwhich does not undermine protection ofthe interests in Article 4.
3. The institutions shall immediately take themeasures necessary to establish a registerwhich shall be operational by 3 June 2002.
Article 12
Direct access in electronic form or through a register
1. The institutions shall as far as possiblemake documents directly accessible to thepublic in electronic form or through a reg-ister in accordance with the rules of theinstitution concerned.
2. In particular, legislative documents, that isto say, documents drawn up or received inthe course of procedures for the adoptionof acts which are legally binding in or forthe Member States, should, subject toArticles 4 and 9, be made directly accessible.
3. Where possible, other documents, notablydocuments relating to the development ofpolicy or strategy, should be made direct-ly accessible.
4. Where direct access is not given throughthe register, the register shall as far as pos-sible indicate where the document islocated.
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Article 13
Publication in the Official Journal
1. In addition to the acts referred to in Article254(1) and (2) of the EC Treaty and the firstparagraph of Article 163 of the EuratomTreaty, the following documents shall, sub-ject to Articles 4 and 9 of this regulation,be published in the Official Journal:
(a) Commission proposals;
(b) common positions adopted by theCouncil in accordance with the proce-dures referred to in Articles 251 and252 of the EC Treaty and the reasonsunderlying those common positions, aswell as the European Parliament’s posi-tions in these procedures;
(c) framework decisions and decisionsreferred to in Article 34(2) of the EUTreaty;
(d) conventions established by the Councilin accordance with Article 34(2) of theEU Treaty;
(e) conventions signed between MemberStates on the basis of Article 293 of theEC Treaty;
(f) international agreements concluded bythe Community or in accordance withArticle 24 of the EU Treaty.
2. As far as possible, the following docu-ments shall be published in the OfficialJournal:
(a) initiatives presented to the Council by aMember State pursuant to Article 67(1)of the EC Treaty or pursuant to Article34(2) of the EU Treaty;
(b) common positions referred to in Article34(2) of the EU Treaty;
(c) directives other than those referred toin Article 254(1) and (2) of the ECTreaty, decisions other than thosereferred to in Article 254(1) of the ECTreaty, recommendations and opinions.
3. Each institution may in its rules of proce-dure establish which further documentsshall be published in the Official Journal.
Article 14
Information
1. Each institution shall take the requisitemeasures to inform the public of the rightsthey enjoy under this regulation.
2. The Member States shall cooperate withthe institutions in providing information tothe citizens.
Article 15
Administrative practice in the institutions
1. The institutions shall develop good admin-istrative practices in order to facilitate theexercise of the right of access guaranteedby this regulation.
2. The institutions shall establish an interin-stitutional committee to examine bestpractice, address possible conflicts anddiscuss future developments on publicaccess to documents.
Article 16
Reproduction of documents
This regulation shall be without prejudice toany existing rules on copyright which maylimit a third party’s right to reproduce orexploit released documents.
Article 17
Reports
1. Each institution shall publish annually areport for the preceding year including thenumber of cases in which the institutionrefused to grant access to documents, thereasons for such refusals and the numberof sensitive documents not recorded in theregister.
2. At the latest by 31 January 2004, theCommission shall publish a report on theimplementation of the principles of thisregulation and shall make recommenda-tions, including, if appropriate, proposals
34
for the revision of this regulation and anaction programme of measures to be takenby the institutions.
Article 18
Application measures
1. Each institution shall adapt its rules of pro-cedure to the provisions of this regulation.The adaptations shall take effect from 3December 2001.
2. Within six months of the entry into force ofthis regulation, the Commission shallexamine the conformity of CouncilRegulation (EEC, Euratom) No 354/83 of1 February 1983 concerning the openingto the public of the historical archives of theEuropean Economic Community and theEuropean Atomic Energy Community(6)with this regulation in order to ensure thepreservation and archiving of documentsto the fullest extent possible.
3. Within six months of the entry into force ofthis regulation, the Commission shallexamine the conformity of the existingrules on access to documents with thisregulation.
Article 19
Entry into force
This regulation shall enter into force on thethird day following that of its publication inthe Official Journal of the EuropeanCommunities.
It shall be applicable from 3 December2001.
This regulation shall be binding in its entire-ty and directly applicable in all MemberStates.
Done at Brussels, 30 May 2001.
For the European ParliamentThe PresidentN. Fontaine
For the CouncilThe PresidentB. Lejon
(6) OJ L 43, 15.2.1983, p. 1.
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1. The European Parliament, the Council andthe Commission agree that the agenciesand similar bodies created by the legisla-tor should have rules on access to theirdocuments which conform to those of thisregulation. To this effect, the EuropeanParliament and the Council welcome theCommission’s intention to propose, assoon as possible, amendments to the actsestablishing the existing agencies and bod-ies and to include provisions in future pro-
posals concerning the establishment ofsuch agencies and bodies. They undertaketo adopt the necessary acts rapidly.
2. The European Parliament, the Council andthe Commission call on the institutionsand bodies not covered by paragraph 1 toadopt internal rules on public access todocuments which take account of theprinciples and limits in this regulation.
Joint declaration relating to Regulation (EC) No 1049/2001 of theEuropean 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)
Official Journal L 173, 27.6.2001, p. 5
Other regulatory texts governing right of access
European Parliament
• European Parliament decisions of 13 November 2001 (Official Journal C 140 E, 13.6.2002, p.116) and of 14 May 2002 amending Parliament’s Rules of Procedure.
• Bureau Decision on public access to European Parliament documents.Official Journal C 374, 29.12.2001, p. 1
Council of the European Union
Council Decision of 29 November 2001 amending the Council’s Rules of Procedure(2001/840/CE). Official Journal L 313, 30.11.2001, p. 40
European Commission
Commission Decision of 5 December 2001 amending its rules of procedure (notified under doc-ument number C(2001)3714) Official Journal L 345, 29.12.2001, p. 94
37
European Union
Access to European Parliament, Council and Commission documents
A user's guide
Luxembourg: Office for Official Publications of the European Communities
2002 — 37 pp. — 14.8 x 21 cm
ISBN 92-894-1903-2
6 16 1K
A-41-01-187-E
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OFFICE FOR OFFICIAL PUBLICATIONSOF THE EUROPEAN COMMUNITIES
L-2985 Luxembourg
EUROPEAN UNION
ACCESS TO EUROPEANPARLIAMENT,COUNCIL AND COMMISSION DOCUMENTS
A user’s guide
EUROPEAN COMMISSION
COUNCIL OF THE EUROPEAN UION
E U R O P E A N PA R L I A M E N T
ISBN 92-894-1903-2
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