Considerations on COM(2008)229 - Public access to European Parliament, Council and Commission documents - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)229 - Public access to European Parliament, Council and Commission documents. |
|---|---|
| document | COM(2008)229  |
| date | April 30, 2008 |
(1) A number of substantive changes are to be made to Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents 17 . In the interest of clarity, that Regulation should be recast.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂
(2) The second subparagraph of Article 1 of the Treaty on European Union enshrines the concept of openness, stating that the Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📄
(3) Openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. Openness contributes to strengthening the principles of democracy and respect for fundamental rights as laid down in Article 6 of the EU Treaty and in the Charter of Fundamental Rights of the European Union.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● ☎♋♎♋ ⧫♏♎✆
The conclusions of the European Council meetings held at Birmingham, Edinburgh and Copenhagen stressed the need to introduce greater transparency into the work of the Union institutions. This Regulation consolidates the initiatives that the institutions have already taken with a view to improving the transparency of the decision-making process.
⇩ ■♏⬥
(4) The general principles and the limits on grounds of public or private interest governing the public right of access to documents have been laid down in Regulation (EC) No 1049/2001, which became applicable on 3 December 2001 18 .
(5) A first assessment of the implementation of Regulation (EC) No 1049/2001 was made in a report published on 30 January 2004 19 . On 9 November 2005, the Commission decided to launch the process leading to the review of Regulation (EC) No 1049/2001. In a Resolution adopted on 4 April 2006, the European Parliament has invited the Commission to submit a proposal amending the Regulation 20 . On 18 April 2007, the Commission published a Green Paper on the review of the Regulation 21 and launched a public consultation.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋●
(6) The purpose of this Regulation is to give the fullest possible effect to the right of public access to documents and to lay down the general principles and limits on such access in accordance with Article 255(2) of the EC Treaty.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● ☎♋♎♋ ⧫♏♎✆
(7) Since the question of access to documents is not covered by provisions of the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, the European Parliament, the Council and the Commission should, in accordance with Declaration No 41 attached to the Final Act of the Treaty of Amsterdam, draw guidance from this Regulation as regards documents concerning the activities covered by those two Treaties ⌦ ⧫♒♋⧫ ❄❒♏♋⧫⍓ ⌫ 📬
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● ⌨
(8) In accordance with Articles 28(1) and 41(1) of the EU Treaty, the right of access also applies to documents relating to the common foreign and security policy and to police and judicial cooperation in criminal matters. Each institution should respect its security rules.
⇩ ■♏⬥
(9) The European Parliament and the Council adopted on 6 September 2006 Regulation (EC) No 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters to Community institutions and bodies 22 . With regard to access to documents containing environmental information, this Regulation should be consistent with Regulation (EC) No 1367/2006.
(10) With regard to the disclosure of personal data, a clear relationship should be established between this Regulation and Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data 23 .
(11) Clear rules should be established regarding the disclosure of documents originating from the Member States and of documents of third parties which are part of judicial proceedings files or obtained by the institutions by virtue of specific powers of investigation conferred upon them by EC law.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● ⌛
(12) Wider access should be granted to documents in cases where the institutions are acting in their legislative capacity, including under delegated powers, while at the same time preserving the effectiveness of the institutions' decision-making process. Such documents should be made directly accessible to the greatest possible extent.
⇩ ■♏⬥
(13) Transparency in the legislative process is of utmost importance for citizens. Therefore, institutions should actively disseminate documents, which are part of the legislative process. Active dissemination of documents should also be encouraged in other fields.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋●
(14) In order to ensure the full application of this Regulation to all activities of the Union, all agencies established by the institutions should apply the principles laid down in this Regulation.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋●
(15) On account of their highly sensitive content, certain documents should be given special treatment. Arrangements for informing the European Parliament of the content of such documents should be made through interinstitutional agreement.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂📁
(16) In order to bring about greater openness in the work of the institutions, access to documents should be granted by the European Parliament, the Council and the Commission not only to documents drawn up by the institutions, but also to documents received by them. In this context, it is recalled that Declaration No 35 attached to the Final Act of the Treaty of Amsterdam provides that a Member State may request the Commission or the Council not to communicate to third parties a document originating from that State without its prior agreement.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂📂
(17) In principle, all documents of the institutions should be accessible to the public. However, certain public and private interests should be protected by way of exceptions. The institutions should be entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks. In assessing the exceptions, the institutions should take account of the principles in Community legislation concerning the protection of personal data, in all areas of Union activities.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂📄
(18) All rules concerning access to documents of the institutions should be in conformity with this Regulation.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂
(19) In order to ensure that the right of access is fully respected, a two-stage administrative procedure should apply, with the additional possibility of court proceedings or complaints to the Ombudsman.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂 ☎♋♎♋ ⧫♏♎✆
(20) Each institution should take the measures necessary to inform the public of the new provisions in force and to train its staff to assist citizens exercising their rights under this Regulation. In order to make it easier for citizens to exercise their rights, each institution should provide access to a register of documents.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂
(21) Even though it is neither the object nor the effect of this Regulation to amend national legislation on access to documents, it is nevertheless clear that, by virtue of the principle of loyal cooperation which governs relations between the institutions and the Member States, Member States should take care not to hamper the proper application of this Regulation and should respect the security rules of the institutions.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂⌛
(22) This Regulation is without prejudice to existing rights of access to documents for Member States, judicial authorities or investigative bodies.
📂📁 📭📄📁📁📂 ☼♏♍♓⧫♋● 📂⌨ ☎♋♎♋ ⧫♏♎✆
(23) In accordance with Article 255(3) of the EC Treaty, each institution lays down specific provisions regarding access to its documents in its rules of procedure, Council Decision 93/731/EC of 20 December 1993 on public access to Council documents 24 , Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994 on public access to Commission documents 25 , European Parliament Decision 97/632/EC, ECSC, Euratom of 10 July 1997 on public access to European Parliament documents 26 , and the rules on confidentiality of Schengen documents should therefore, if necessary, be modified or be repealed.
📂📁 📭📄📁📁📂