Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-09-05-Speech-3-350"
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As was said earlier with reference to oral questionof the honourable Member, Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 relating to public access to documents of the European Parliament will come into force as of 3 December of this year. Until that date, requests from citizens for Council documents will be dealt with as previously on the basis of Decision 93/731/EC regarding public access to Council documents.
Each of the three institutions involved is at present taking measures to ensure that the new Regulation is actually applied from 3 December next. According to Article 15 of the Regulation, they are required to set up an interinstitutional committee, which will investigate the best practice, deal with any disputes and discuss future developments relating to public access to documents. As regards the Council, the competent services are at present holding discussions on the measures to be taken and on the timeframe for their introduction, in order to facilitate citizens’ exercising of the rights that they have now been assigned more clearly on the basis of the new Regulation. The necessary measures will be taken to be able to meet the deadline of 3 December.
As regards the various types of documents that may be consulted by the public, I can inform the honourable Member that at present, on the basis of Decision 93/731/EC of 20 December 1993 relating to public access to Council documents, all Council documents can be requested by the public. Depending on their content and in particularly in the light of the exceptional regulations – that is, Article 4 of the Decision – a decision is taken as to whether or not they can be released to the applicant, after a full case-by-case investigation.
However, Article 1, paragraph 1 of Decision 93/731/EC, amended by Council Decision 2000/527/EC of 14 August last year, stipulated that if a request for access relates to a document marked highly secret, secret or confidential in the sense of the decision of the Secretary-General of the Council of 27 July 2000, that in addition refers to the security and defence affairs of the Union or of one or more of its Member States or to military or non-military crisis management, the applicant shall be informed that the document concerned does not fall within the scope of Decision 93/731/EC.
I would draw your attention to the fact that this provision was not included in the previously mentioned Regulation (EC) No 1049/2001 that comes into effect on 3 December next.
However, Article 9 of the Regulation stipulates that requests for access to the sensitive documents described in it will be dealt with separately. For example, people may only deal with such requests where they themselves are authorised to take cognisance of these documents. Regulation (EC) No 1049/2001 is based on the same general principle as the Decision of 1993, namely that every document request is definitely looked at separately. Access can only be possibly denied in the light of the exceptional regulation provided for in Article 4.
In addition, the Council decided in its Decision of 9 April this year on the classification of certain categories of Council documents, to place a whole series of documents, especially documents that fall under legislative activities, directly in the public domain via the Internet. In this, the Council anticipated the coming into force of the Regulation as regards Article 12, paragraph 3."@en1
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