Legal provisions of COM(2008)229 - Public access to European Parliament, Council and Commission documents

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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 EN
date April 30, 2008

Contents

Article 1 - Purpose

The purpose of this Regulation is:


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(a)to define the principles, conditions and limits on grounds of public or private interest governing the right of access to European Parliament, Council and Commission (hereinafter referred to as «the institutions») documents provided for in Article 255 of the EC Treaty in such a way as to ensure ⌦ ♑❒♋■⧫ ⧫♒♏ ◆♌●♓♍ ⌫ ⧫♒♏ ⬥♓♎♏⬧⧫ □⬧⬧♓♌●♏ ♋♍♍♏⬧⬧ ⧫□ ⌦ ⬧◆♍♒ ⌫ ♎□♍◆❍♏■⧫⬧,;

(b)to establish rules ensuring the easiest possible exercise of this right,; and


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(c)to promote good administrative practice on access to documents.

Article 2 - Beneficiaries and scope 📂📁📭📄📁📁📂 ☎♋♎♋⧫♏♎✆

1. Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has ⌦ ⬧♒♋●● ♒♋❖♏ ⌫ ♋ ❒♓♑♒⧫ □♐ ♋♍♍♏⬧⬧ ⧫□ ♎□♍◆❍♏■⧫⬧ □♐ ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■⬧📪 ⬧◆♌&♏♍⧫ ⧫□ ⧫♒♏ ❒♓■♍♓●♏⬧📪 ♍□■♎♓⧫♓□■⬧ ♋■♎ ●♓❍♓⧫⬧ ♎♏♐♓■♏♎ ♓■ ⧫♒♓⬧ ☼♏♑◆●♋⧫♓□■📬

2. The institutions may, subject to the same principles, conditions and limits, grant access to documents to any natural or legal person not residing or not having its registered office in a Member State.

32. This Regulation shall apply to all documents held by an institution, that is to say ⌦ ■♋❍♏●⍓ ⌫ 📪 ♎□♍◆❍♏■⧫⬧ ♎❒♋⬥■ ◆ □❒ ❒♏♍♏♓❖♏♎ ♌⍓ ♓⧫ ♋■♎ ♓■ ♓⧫⬧ □⬧⬧♏⬧⬧♓□■ ⌦ ♍□■♍♏❒■♓■♑ ♋ ❍♋⧫⧫♏❒ ❒♏●♋⧫♓■♑ ⧫□ ⧫♒♏ □●♓♍♓♏⬧📪 ♋♍⧫♓❖♓⧫♓♏⬧ ♋■♎ ♎♏♍♓⬧♓□■⬧ ♐♋●●♓■♑ ⬥♓⧫♒♓■ ♓⧫⬧ ⬧♒♏❒♏ □♐ ❒♏⬧□■⬧♓♌♓●♓⧫⍓ ⌫📪 ♓■ ♋●● ♋❒♏♋⬧ □♐ ♋♍⧫♓❖♓⧫⍓ □♐ ⧫♒♏ ☜◆❒□♏♋■ ■♓□■📬


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43. Without prejudice to Articles 4 and 9, documents shall be made accessible to the public either following a written application or directly in electronic form or through a register. In particular, documents drawn up or received in the course of a legislative procedure shall be made directly accessible in accordance with Article 12.

54. Sensitive documents as defined in Article 9(1) shall be subject to special treatment in accordance with that Article.


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5. This Regulation shall not apply to documents submitted to Courts by parties other than the institutions.

6. Without prejudice to specific rights of access for interested parties established by EC law, documents forming part of the administrative file of an investigation or of proceedings concerning an act of individual scope shall not be accessible to the public until the investigation has been closed or the act has become definitive. Documents containing information gathered or obtained from natural or legal persons by an institution in the framework of such investigations shall not be accessible to the public.


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67. This Regulation shall be without prejudice to rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them.

Article 3 - Definitions

For the purpose of this Regulation:


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⇨ ■♏⬥

(a)«document» shall mean ⌦ ❍♏♋■⬧ ⌫ ♋■⍓ ♍□■⧫♏■⧫ ⬥♒♋⧫♏❖♏❒ ♓⧫⬧ ❍♏♎♓◆❍ ☎⬥❒♓⧫⧫♏■ □■ ♋♏❒ □❒ ⬧⧫□❒♏♎ ♓■ ♏●♏♍⧫❒□■♓♍ ♐□❒❍ □❒ ♋⬧ ♋ ⬧□◆■♎📪 ❖♓⬧◆♋● □❒ ♋◆♎♓□❖♓⬧◆♋● ❒♏♍□❒♎♓■♑✆ concerning a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility ⇨ ♎❒♋⬥■📫◆ ♌⍓ ♋■ ♓■⬧⧫♓⧫◆⧫♓□■ ♋■♎ ♐□❒❍♋●●⍓ ⧫❒♋■⬧❍♓⧫⧫♏♎ ⧫□ □■♏ □❒ ❍□❒♏ ❒♏♍♓♓♏■⧫⬧ □❒ □⧫♒♏❒⬥♓⬧♏ ❒♏♑♓⬧⧫♏❒♏♎📪 □❒ ❒♏♍♏♓❖♏♎ ♌⍓ ♋■ ♓■⬧⧫♓⧫◆⧫♓□■ ♎♋⧫♋ ♍□■⧫♋♓■♏♎ ♓■ ♏●♏♍⧫❒□■♓♍ ⬧⧫□❒♋♑♏📪 ❒□♍♏⬧⬧♓■♑ ♋■♎ ❒♏⧫❒♓♏❖♋● ⬧⍓⬧⧫♏❍⬧ ♋❒♏ ♎□♍◆❍♏■⧫⬧ ♓♐ ⧫♒♏⍓ ♍♋■ ♌♏ ♏⌧⧫❒♋♍⧫♏♎ ♓■ ⧫♒♏ ♐□❒❍ □♐ ♋ ❒♓■⧫□◆⧫ □❒ ♏●♏♍⧫❒□■♓♍📫♐□❒❍♋⧫ ♍□⍓ ◆⬧♓■♑ ⧫♒♏ ♋❖♋♓●♋♌●♏ ⧫□□●⬧ ♐□❒ ⧫♒♏ ♏⌧●□♓⧫♋⧫♓□■ □♐ ⧫♒♏ ⬧⍓⬧⧫♏❍ ⇦

(b)«third party» shall mean ⌦ ❍♏♋■⬧ ⌫ ♋■⍓ ■♋⧫◆❒♋● □❒ ●♏♑♋● ♏❒⬧□■📪 □❒ ♋■⍓ ♏■⧫♓⧫⍓ □◆⧫⬧♓♎♏ ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■ ♍□■♍♏❒■♏♎📪 ♓■♍●◆♎♓■♑ ⧫♒♏ 💣♏❍♌♏❒ 💧⧫♋⧫♏⬧📪 □⧫♒♏❒ 👍□❍❍◆■♓⧫⍓ □❒ ■□■📫👍□❍❍◆■♓⧫⍓ ♓■⬧⧫♓⧫◆⧫♓□■⬧ ♋■♎ ♌□♎♓♏⬧ ♋■♎ ⧫♒♓❒♎ ♍□◆■⧫❒♓♏⬧📬


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Article 4 - Exceptions

1. The institutions shall refuse access to a document where disclosure would undermine the protection of: (a) the public interest as regards:

(a) public security ⇨ ♓■♍●◆♎♓■♑ ⧫♒♏ ⬧♋♐♏⧫⍓ □♐ ■♋⧫◆❒♋● □❒ ●♏♑♋● ♏❒⬧□■⬧ ⇦ ,;

(b) defence and military matters,;

(c) international relations,;

(d) the financial, monetary or economic policy of the Community or a Member State;


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(e) the environment, such as breeding sites of rare species.


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(b)privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.

2. The institutions shall refuse access to a document where disclosure would undermine the protection of:


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(a) commercial interests of a natural or legal person,; including intellectual property,

⌦ ☎♌✆ ♓■⧫♏●●♏♍⧫◆♋● ❒□♏❒⧫⍓ ❒♓♑♒⧫⬧ ⌫


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⇨ ■♏⬥

(c) ⌦ ●♏♑♋● ♋♎❖♓♍♏ ♋■♎ ⌫ ♍□◆❒⧫ proceedings ⇨ 📪 ♋❒♌♓⧫❒♋⧫♓□■ ♋■♎ ♎♓⬧◆⧫♏ ⬧♏⧫⧫●♏❍♏■⧫ ❒□♍♏♏♎♓■♑⬧ ⇦ and ,;

(d) the purpose of inspections, investigations and audits,;


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(e) the objectivity and impartiality of selection procedures.


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unless there is an overriding public interest in disclosure.

3. Access to ⌦ ⧫♒♏ ♐□●●□⬥♓■♑ ♎□♍◆❍♏■⧫⬧ ⌫ a document, drawn up by an institution for internal use or received by an institution, which relates to a matter where the decision has not been taken by the institution, shall be refused if ⌦ ⧫♒♏♓❒ ⌫ ♎♓⬧♍●□⬧◆❒♏ of the document would seriously undermine the institution's decision-making process ⌦ □♐ ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■⬧💻 ⌫ , unless there is an overriding public interest in disclosure.

⌦ ☎♋✆ ♎□♍◆❍♏■⧫⬧ ❒♏●♋⧫♓■♑ ⧫□ ♋ ❍♋⧫⧫♏❒ ⬥♒♏❒♏ ⧫♒♏ ♎♏♍♓⬧♓□■ ♒♋⬧ ■□⧫ ♌♏♏■ ⧫♋&♏■ ⌫

⌦ ☎♌✆ ♎□♍◆❍♏■⧫⬧ ⌫ Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within the institutions concerned, shall be refused even after the decision has been taken if disclosure of the document would seriously undermine the institution's decision-making process, unless there is an overriding public interest in disclosure.

⌦ 📬 ❄♒♏ ♏⌧♍♏⧫♓□■⬧ ◆■♎♏❒ ♋❒♋♑❒♋♒⬧ ☎📄✆ ♋■♎ ☎✆ ⬧♒♋●● ♋●⍓ ◆■●♏⬧⬧ ⧫♒♏❒♏ ♓⬧ ♋■ □❖♏❒❒♓♎♓■♑ ◆♌●♓♍ ♓■⧫♏❒♏⬧⧫ ♓■ ♎♓⬧♍●□⬧◆❒♏📬 ⌫ ⇨ ✌⬧ ❒♏♑♋❒♎⬧ ♋❒♋♑❒♋♒ 📄☎♋✆ ♋■ □❖♏❒❒♓♎♓■♑ ◆♌●♓♍ ♓■⧫♏❒♏⬧⧫ ♓■ ♎♓⬧♍●□⬧◆❒♏ ⬧♒♋●● ♌♏ ♎♏♏❍♏♎ ⧫□ ♏⌧♓⬧⧫ ⬥♒♏❒♏ ⧫♒♏ ♓■♐□❒❍♋⧫♓□■ ❒♏❑◆♏⬧⧫♏♎ ❒♏●♋⧫♏⬧ ⧫□ ♏❍♓⬧⬧♓□■⬧ ♓■⧫□ ⧫♒♏ ♏■❖♓❒□■❍♏■⧫📬 ⇦


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5. Names, titles and functions of public office holders, civil servants and interest representatives in relation with their professional activities shall be disclosed unless, given the particular circumstances, disclosure would adversely affect the persons concerned. Other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in EC legislation on the protection of individuals with regard to the processing of personal data.


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6. If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released.

7. The exceptions as laid down in paragraphs 1 to 3 this Article shall only apply for the period during which protection is justified on the basis of the content of the document. The exceptions may apply for a maximum period of 30 years. In the case of documents covered by the exceptions relating to privacy ⌦ ⧫♒♏ ❒□⧫♏♍⧫♓□■ □♐ ♏❒⬧□■♋● ♎♋⧫♋ ⌫ □❒ ♍□❍❍♏❒♍♓♋● ♓■⧫♏❒♏⬧⧫⬧ ♋■♎ ♓■ ⧫♒♏ ♍♋⬧♏ □♐ ⬧♏■⬧♓⧫♓❖♏ ♎□♍◆❍♏■⧫⬧📪 ⧫♒♏ ♏⌧♍♏⧫♓□■⬧ ❍♋⍓📪 ♓♐ ■♏♍♏⬧⬧♋❒⍓📪 ♍□■⧫♓■◆♏ ⧫□ ♋●⍓ ♋♐⧫♏❒ ⧫♒♓⬧ ♏❒♓□♎📬

Article 5 - 📂📁📭📄📁📁📂 ☎♋♎♋⧫♏♎✆

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41. As regards third-party documents, the institution shall consult the third party with a view to assessing whether an exception ⌦ ❒♏♐♏❒❒♏♎ ⧫□ ⌫ ♓■ paragraph 1 or 2 Article 4 is applicable, unless it is clear that the document shall or shall not be disclosed.

5. A Member State may request the institution not to disclose a document originating from that Member State without its prior agreement.


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2. Where an application concerns a document originating from a Member State, other than documents transmitted in the framework of procedures leading to a legislative act or a non-legislative act of general application, the authorities of that Member State shall be consulted. The institution holding the document shall disclose it unless the Member State gives reasons for withholding it, based on the exceptions referred to in Article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned. The institution shall appreciate the adequacy of reasons given by the Member State insofar as they are based on exceptions laid down in this Regulation.


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Article 5 - Documents in the Member States

3. Where a Member State receives a request for a document in its possession, originating ⌦ ⬥♒♓♍♒ □❒♓♑♓■♋⧫♏⬧ ⌫ ♐❒□❍ ♋■ ♓■⬧⧫♓⧫◆⧫♓□■📪 ◆■●♏⬧⬧ ♓⧫ ♓⬧ ♍●♏♋❒ ⧫♒♋⧫ ⧫♒♏ ♎□♍◆❍♏■⧫ ⬧♒♋●● □❒ ⬧♒♋●● ■□⧫ ♌♏ ♎♓⬧♍●□⬧♏♎📪 ⧫♒♏ 💣♏❍♌♏❒ 💧⧫♋⧫♏ ⬧♒♋●● ♍□■⬧◆●⧫ ⬥♓⧫♒ ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■ ♍□■♍♏❒■♏♎ ♓■ □❒♎♏❒ ⧫□ ⧫♋&♏ ♋ ♎♏♍♓⬧♓□■ ⧫♒♋⧫ ♎□♏⬧ ■□⧫ &♏□♋❒♎♓⬧♏ the attainment of the objectives of this Regulation. The Member State may instead refer the request to the institution.


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Article 6 - Applications

1. Applications for access to a document shall be made in any written form, including electronic form, in one of the languages referred to in Article 314 of the EC Treaty and in a sufficiently precise manner to enable the institution to identify the document. The applicant is not obliged to state reasons for the application.

2. If an application is not sufficiently precise ⇨ □❒ ♓♐ ⧫♒♏ ❒♏❑◆♏⬧⧫♏♎ ♎□♍◆❍♏■⧫⬧ ♍♋■■□⧫ ♌♏ ♓♎♏■⧫♓♐♓♏♎ ⇦📪 ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■ ⬧♒♋●● ♋⬧& ⧫♒♏ ♋●♓♍♋■⧫ ⧫□ ♍●♋❒♓♐⍓ ⧫♒♏ ♋●♓♍♋⧫♓□■ ♋■♎ ⬧♒♋●● ♋⬧⬧♓⬧⧫ ⧫♒♏ ♋●♓♍♋■⧫ ♓■ ♎□♓■♑ ⬧□📪 ♐□❒ ♏⌧♋❍●♏📪 ♌⍓ ❒□❖♓♎♓■♑ ♓■♐□❒❍♋⧫♓□■ □■ ⧫♒♏ ◆⬧♏ □♐ ⧫♒♏ ◆♌●♓♍ ❒♏♑♓⬧⧫♏❒⬧ □♐ ♎□♍◆❍♏■⧫⬧📬 ⇨ ❄♒♏ ⧫♓❍♏ ●♓❍♓⧫⬧ ❒□❖♓♎♏♎ ♐□❒ ◆■♎♏❒ ✌❒⧫♓♍●♏⬧ ⌨ ♋■♎ ⬧♒♋●● ⬧⧫♋❒⧫ ⧫□ ❒◆■ ⬥♒♏■ ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■ ♒♋⬧ ❒♏♍♏♓❖♏♎ ⧫♒♏ ❒♏❑◆♏⬧⧫♏♎ ♍●♋❒♓♐♓♍♋⧫♓□■⬧📬 ⇦

3. In the event of an application relating to a very long document or to a very large number of documents, the institution concerned may confer with the applicant informally, with a view to finding a fair ⇨ ♋■♎ ❒♋♍⧫♓♍♋● ⇦ ⬧□●◆⧫♓□■📬

4. The institutions shall provide information and assistance to citizens on how and where applications for access to documents can be made.

Article 7 - Processing of initial applications

1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 2 4 of this Article.

32. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.

23. In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the institution's reply, make a confirmatory application asking the institution to reconsider its position.

44. Failure by the institution to reply within the prescribed time-limit shall entitle the applicant to make a confirmatory application.

Article 8 - Processing of confirmatory applications 📂📁📭📄📁📁📂 ☎♋♎♋⧫♏♎✆

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1. A confirmatory application shall be handled promptly. Within 15 ⇨ 📁 ⇦ ⬥□❒&♓■♑ ♎♋⍓⬧ ♐❒□❍ ❒♏♑♓⬧⧫❒♋⧫♓□■ □♐ ⬧◆♍♒ ♋■ ♋●♓♍♋⧫♓□■📪 ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■ ⬧♒♋●● ♏♓⧫♒♏❒ ♑❒♋■⧫ ♋♍♍♏⬧⬧ ⧫□ ⧫♒♏ ♎□♍◆❍♏■⧫ ❒♏❑◆♏⬧⧫♏♎ ♋■♎ ❒□❖♓♎♏ ♋♍♍♏⬧⬧ ♓■ ♋♍♍□❒♎♋■♍♏ ⬥♓⧫♒ ✌❒⧫♓♍●♏ 📂📁 ⬥♓⧫♒♓■ ⧫♒♋⧫ ♏❒♓□♎ □❒📪 ♓■ ♋ ⬥❒♓⧫⧫♏■ ❒♏●⍓📪 ⬧⧫♋⧫♏ ⧫♒♏ ❒♏♋⬧□■⬧ ♐□❒ ⧫♒♏ ⧫□⧫♋● □❒ ♋❒⧫♓♋● ❒♏♐◆⬧♋●📬 ✋■ ⧫♒♏ ♏❖♏■⧫ □♐ ♋ ⧫□⧫♋● □❒ ♋❒⧫♓♋● ❒♏♐◆⬧♋●📪 ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■ ⬧♒♋●● ♓■♐□❒❍ ⧫♒♏ ♋●♓♍♋■⧫ □♐ ⧫♒♏ ❒♏❍♏♎♓♏⬧ □♏■ ⧫□ ♒♓❍ □❒ ♒♏❒, namely instituting court proceedings against the institution and/or making a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty, respectively.


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22. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.


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3. In the event of a total or partial refusal, the applicant may bring proceedings before the Court of First Instance against the institution and/or make a complaint to the European Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty, respectively.


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34. Failure by the institution to reply within the prescribed time limit shall be considered as a negative reply and ⌦ ⬧♒♋●● ⌫ ♏■⧫♓⧫●♏ ⧫♒♏ ♋●♓♍♋■⧫ ⧫□ ♓■⬧⧫♓⧫◆⧫♏ ♍□◆❒⧫ ❒□♍♏♏♎♓■♑⬧ ♋♑♋♓■⬧⧫ ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■ ♋■♎📭□❒ ❍♋&♏ ♋ ♍□❍●♋♓■⧫ ⧫□ ⧫♒♏ ⚐❍♌◆♎⬧❍♋■📪 ◆■♎♏❒ ⧫♒♏ ❒♏●♏❖♋■⧫ ❒□❖♓⬧♓□■⬧ □♐ ⧫♒♏ ☜👍 ❄❒♏♋⧫⍓📬


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Article 9 - Treatment of sensitive documents

1. Sensitive documents are documents originating from the institutions or the agencies established by them, from Member States, third countries or International Organisations, classified as «TRÈS SECRET/TOP SECRET», «SECRET» or «CONFIDENTIEL» in accordance with the rules of the institution concerned, which protect essential interests of the European Union or of one or more of its Member States in the areas covered by Article 4(1)(a), notably public security, defence and military matters.

2. Applications for access to sensitive documents under the procedures laid down in Articles 7 and 8 shall be handled only by those persons who have a right to acquaint themselves with those documents. These persons shall also, without prejudice to Article 11(2), assess which references to sensitive documents could be made in the public register.

3. Sensitive documents shall be recorded in the register or released only with the consent of the originator.

4. An institution which decides to refuse access to a sensitive document shall give the reasons for its decision in a manner which does not harm the interests protected in Article 4.

5. Member States shall take appropriate measures to ensure that when handling applications for sensitive documents the principles in this Article and Article 4 are respected.

6. The rules of the institutions concerning sensitive documents shall be made public.

7. The Commission and the Council shall inform the European Parliament regarding sensitive documents in accordance with arrangements agreed between the institutions.

Article 10 - Access following an application 📂📁📭📄📁📁📂 ☎♋♎♋⧫♏♎✆

1. The applicant shall have access to documents either by consulting them on the spot or by receiving a copy, including, where available, an electronic copy, according to the applicant's preference. The cost of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic form or through the register shall be free of charge.

2. If a document has already been released by the institution concerned ⌦ ♓⬧ ◆♌●♓♍●⍓ ♋❖♋♓●♋♌●♏ ⌫ ♋■♎ ♓⬧ ♏♋⬧♓●⍓ ♋♍♍♏⬧⬧♓♌●♏ ⧫□ ⧫♒♏ ♋●♓♍♋■⧫📪 ⧫♒♏ ♓■⬧⧫♓⧫◆⧫♓□■ ❍♋⍓ ♐◆●♐♓● ♓⧫⬧ □♌●♓♑♋⧫♓□■ □♐ ♑❒♋■⧫♓■♑ ♋♍♍♏⬧⬧ ⧫□ ♎□♍◆❍♏■⧫⬧ ♌⍓ ♓■♐□❒❍♓■♑ ⧫♒♏ ♋●♓♍♋■⧫ ♒□⬥ ⧫□ □♌⧫♋♓■ ⧫♒♏ ❒♏❑◆♏⬧⧫♏♎ ♎□♍◆❍♏■⧫📬


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3. Documents shall be supplied in an existing version and format (including electronically or in an alternative format such as Braille, large print or tape) with full regard to the applicant's preference.


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⌦ 📬 ❄♒♏ ♍□⬧⧫ □♐ ❒□♎◆♍♓■♑ ♋■♎ ⬧♏■♎♓■♑ ♍□♓♏⬧ ❍♋⍓ ♌♏ ♍♒♋❒♑♏♎ ⧫□ ⧫♒♏ ♋●♓♍♋■⧫📬 ❄♒♓⬧ ♍♒♋❒♑♏ ⬧♒♋●● ■□⧫ ♏⌧♍♏♏♎ ⧫♒♏ ❒♏♋● ♍□⬧⧫ □♐ ❒□♎◆♍♓■♑ ♋■♎ ⬧♏■♎♓■♑ ⧫♒♏ ♍□♓♏⬧📬 👍□■⬧◆●⧫♋⧫♓□■ □■ ⧫♒♏ ⬧□⧫📪 ♍□♓♏⬧ □♐ ●♏⬧⬧ ⧫♒♋■ 📄📁 ✌ ♋♑♏⬧ ♋■♎ ♎♓❒♏♍⧫ ♋♍♍♏⬧⬧ ♓■ ♏●♏♍⧫❒□■♓♍ ♐□❒❍ □❒ ⧫♒❒□◆♑♒ ⧫♒♏ ❒♏♑♓⬧⧫♏❒ ⬧♒♋●● ♌♏ ♐❒♏♏ □♐ ♍♒♋❒♑♏📬 ⌫


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5. This Regulation shall not derogate from specific modalities governing access laid down in EC or national law, such as the payment of a fee.


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Article 11 - Registers

1. To make citizens' rights under this Regulation effective, each institution shall provide public access to a register of documents. Access to the register should be provided in electronic form. References to documents shall be recorded in the register without delay.

2. For each document the register shall contain a reference number (including, where applicable, the interinstitutional reference), the subject matter and/or a short description of the content of the document and the date on which it was received or drawn up and recorded in the register. References shall be made in a manner which does not undermine protection of the interests in Article 4.

3. The institutions shall immediately take the measures necessary to establish a register which 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 possible make documents directly accessible to the public in electronic form or through a register in accordance with the rules of the institution concerned.

21. In particular, legislative documents, that is to say, dDocuments drawn up or received in the course of procedures for the adoption of ⌦ ☜ ●♏♑♓⬧●♋⧫♓❖♏ ⌫ ♋♍⧫⬧ which are legally binding in or for the Member States, should ⌦ □❒ ■□■📫●♏♑♓⬧●♋⧫♓❖♏ ♋♍⧫⬧ □♐ ♑♏■♏❒♋● ♋●♓♍♋⧫♓□■ ⬧♒♋●● ⌫ 📪 ⬧◆♌&♏♍⧫ ⧫□ ✌❒⧫♓♍●♏⬧ ♋■♎ 📪 ♌♏ ❍♋♎♏ ♎♓❒♏♍⧫●⍓ ♋♍♍♏⬧⬧♓♌●♏ ⌦ ⧫□ ⧫♒♏ ◆♌●♓♍ ⌫ 📬

32. Where possible, other documents, notably documents relating to the development of policy or strategy, should ⌦ ⬧♒♋●● ⌫ ♌♏ ❍♋♎♏ ♎♓❒♏♍⧫●⍓ ♋♍♍♏⬧⬧♓♌●♏ ⌦ ♓■ ♏●♏♍⧫❒□■♓♍ ♐□❒❍ ⌫ 📬


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43. Where direct access is not given through the register, the register shall as far as possible indicate where the document is located.


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4. Each institution shall define in its rules of procedure which other categories of documents are directly accessible to the public.


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Article 13 - Publication in the Official Journal

1. In addition to the acts referred to in Article 254(1) and (2) of the EC Treaty and the first paragraph of Article 163 of the Euratom Treaty, the following documents shall, subject to Articles 4 and 9 of this Regulation, be published in the Official Journal:

(a)Commission proposals;

(b)common positions adopted by the Council in accordance with the procedures referred to in Articles 251 and 252 of the EC Treaty and the reasons underlying those common positions, as well as the European Parliament's positions in these procedures;

(c)framework decisions and decisions referred to in Article 34(2) of the EU Treaty;

(d)conventions established by the Council in accordance with Article 34(2) of the EU Treaty;

(e)conventions signed between Member States on the basis of Article 293 of the EC Treaty;

(f)international agreements concluded by the Community or in accordance with Article 24 of the EU Treaty.

2. As far as possible, the following documents shall be published in the Official Journal:

(a)initiatives presented to the Council by a Member State pursuant to Article 67(1) of the EC Treaty or pursuant to Article 34(2) of the EU Treaty;

(b)common positions referred to in Article 34(2) of the EU Treaty;

(c)directives other than those referred to in Article 254(1) and (2) of the EC Treaty, decisions other than those referred to in Article 254(1) of the EC Treaty, recommendations and opinions.

3. Each institution may in its rules of procedure establish which further documents shall be published in the Official Journal.

Article 14 - Information

1. Each institution shall take the requisite measures to inform the public of the rights they enjoy under this Regulation.

2. The Member States shall cooperate with the institutions in providing information to the citizens.

Article 15 - Administrative practice in the institutions

1. The institutions shall develop good administrative practices in order to facilitate the exercise of the right of access guaranteed by this Regulation.

2. The institutions shall establish an interinstitutional committee to examine best practice, address possible conflicts and discuss future developments on public access to documents.


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Article 16 - Reproduction of documents

This Regulation shall be without prejudice to any existing rules on copyright which may limit a third party's right to ⇨ □♌⧫♋♓■ ♍□♓♏⬧ □♐ ♎□♍◆❍♏■⧫⬧ □❒ ⧫□ ⇦ ❒♏❒□♎◆♍♏ □❒ ♏⌧●□♓⧫ ❒♏●♏♋⬧♏♎ ♎□♍◆❍♏■⧫⬧📬

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Article 17 - Reports

1. Each institution shall publish annually a report for the preceding year including the number of cases in which the institution refused to grant access to documents, the reasons for such refusals and the number of sensitive documents not recorded in the register.

2. At the latest by 31 January 2004, the Commission shall publish a report on the implementation of the principles of this Regulation and shall make recommendations, including, if appropriate, proposals for the revision of this Regulation and an action programme of measures to be taken by the institutions.

Article 18 - Application measures

1. Each institution shall adapt its rules of procedure to the provisions of this Regulation. The adaptations shall take effect from 3 December 2001.

2. Within six months of the entry into force of this Regulation, the Commission shall examine the conformity of Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community 27 with this Regulation in order to ensure the preservation and archiving of documents to the fullest extent possible.

3. Within six months of the entry into force of this Regulation, the Commission shall examine the conformity of the existing rules on access to documents with this Regulation.



Article 18 - Repeal

Regulation (EC) No 1049/2001 is repealed with effect from [...].

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.


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Article 19 - Entry into force

This Regulation shall enter into force on the third ⌦ ⧫⬥♏■⧫♓♏⧫♒ ⌫ ♎♋⍓ ♐□●●□⬥♓■♑ ⧫♒♋⧫ □♐ ♓⧫⬧ ◆♌●♓♍♋⧫♓□■ ♓■ ⧫♒♏ ⚐♐♐♓♍♓♋● ☺□◆❒■♋● □♐ ⧫♒♏ ☜◆❒□♏♋■ Communities. ⌦ ■♓□■ ⌫📬

It shall be applicable from 3 December 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.