Considerations on COM(2011)137 - Amendment of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents

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dossier COM(2011)137 - Amendment of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents.
document COM(2011)137 EN
date March 21, 2011
 
9. The general principles and the limits on grounds of public or private interests governing the public right of access to documents have been laid down in Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents[3], which was adopted on the basis of Article 255(2) of the Treaty establishing the European Community.

10. In accordance with that Article, Regulation (EC) No 1049/2001 only governs the public right of access to documents of the European Parliament, the Council and the Commission.

11. Following the entry into force of the Treaty of Lisbon, Article 255 of the Treaty establishing the European Community was replaced with Article 15(3) of the Treaty on the Functioning of the European Union.

12. The new provision grants any citizen of the Union and any natural or legal person residing or having its registered office in a Member State a right of access to documents of the Union institutions, bodies, offices and agencies, whatever their medium, subject to the principles and the conditions defined by the legislator in accordance with that Article. However, as regards the Court of Justice of the European Union, the European Central Bank and the European Investment Bank, this public right of access applies only when they exercise their administrative tasks.

13. Regulation (EC) No 1049/2001 should therefore be amended accordingly.