Legal provisions of COM(2002)462 - Amendment of Regulation (EEC, Euratom) No 354/83 concerning the opening to the public of the historical archives of the EEC and Euratom - Main contents
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dossier | COM(2002)462 - Amendment of Regulation (EEC, Euratom) No 354/83 concerning the opening to the public of the historical archives of the EEC ... |
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document | COM(2002)462 ![]() |
date | September 22, 2003 |
Article 1
1. Article 1(1), (2) and (3) shall be replaced by the following:
"Article 1
1. This Regulation seeks to ensure that documents of historical or administrative value are preserved and made available to the public wherever possible.To that end, each institution of the European Community and of the European Atomic Energy Community, as well as the European Economic and Social Committee, the Committee of Regions, agencies and similar bodies set up by the legislator (hereinafter referred to as the institutions) shall establish its historical archives and open them to the public on the terms provided for by this Regulation after the expiry of a period of 30 years starting from the date of the creation of the document.
2. For the purposes of this Regulation:
(a) archives of the institutions of the European Communities, means all those documents of whatever type and in whatever medium which have originated in or been received by one of the institutions or by their representatives or servants in the performance of their duties, which relate to the activities of the European Community and/or the European Atomic Energy Community (hereinafter referred to as the European Communities);
(b) historical archives of the institutions of the European Communities, consist of that part of the archives of the institutions of the European Communities which has been selected, on the terms laid down in Article 7, for permanent preservation.
3. All documents available to the public before expiry of the period provided for in paragraph 1 shall remain available without restriction.";
2. Article 2 shall be replaced by the following:
Article 2
2. Documents covered by the exception relating to privacy and the integrity of the individual, as defined in Article 4(1)(b) of Regulation (EC) No 1049/2001, including files of staff of the European Communities, may be disclosed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 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(4), and in particular Articles 4 and 5 thereof.
3. Before deciding to make available to the public documents which, if disclosed, could undermine the commercial interests of a natural or legal person, including intellectual property, as defined in the first indent of Article 4(2) of Regulation (EC) No 1049/2001, the institution shall inform the person concerned, in accordance with the rules to be defined by each institution, of its intention to make the documents in question accessible to the public. The documents shall not be released if, taking account of the observations of the person concerned, the institution considers that their disclosure would undermine such commercial interests, unless there is an overriding public interest in disclosure.
4. Sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001 shall be accessible within the limits laid down in that Article.";
3. Article 3 shall be replaced by the following:
Article 3
4. Article 4 shall be deleted;
5. Article 5 shall be replaced by the following:
Article 5
6. Article 6 shall be replaced by the following:
Article 6
7. Article 7 shall be replaced by the following:
Article 7
8. Article 9 shall be replaced by the following:
Article 9
2. Each institution shall publish information annually on its historical archiving activities.";
Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.This Regulation shall be binding in its entirety and directly applicable in all Member States.