Council of Europe Treaty Series - No. 205

Council of Europe Convention on Access to Official Documents
Tromsø, 18.VI.2009

Preamble
The member States of the Council of Europe and the other signatories hereto,
Considering that the aim of the Council of Europe is to achieve greater unity between its
members for the purpose of safeguarding and realising the ideals and principles which aretheir common heritage;
Bearing in mind, in particular, Article 19 of the Universal Declaration of Human Rights,
Articles 6, 8 and 10 of the Convention for the Protection of Human Rights and Fundamental
Freedoms, the United Nations Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998) andthe Convention for the Protection of Individuals with regard to Automatic Processing of
Personal Data of 28 January 1981 (ETS No. 108);
Bearing in mind also the Declaration of the Committee of Ministers of the Council of Europe
on the freedom of expression and information, adopted on 29 April 1982, as well asrecommendations of the Committee of Ministers to member States No. R (81) 19 on theaccess to information held by public authorities, No. R (91) 10 on the communication to third
parties of personal data held by public bodies, No. R (97) 18 concerning the protection of
personal data collected and processed for statistical purposes, No. R (2000) 13 on aEuropean policy on access to archives and Rec(2002)2 on access to official documents;
Considering the importance in a pluralistic, democratic society of transparency of publicauthorities;
Considering that exercise of a right to access to official documents:iprovides a source of information for the public;ii

helps the public to form an opinion on the state of society and on public authorities;iii

fosters the integrity, efficiency, effectiveness and accountability of public authorities, so
helping affirm their legitimacy;

Considering, therefore, that all official documents are in principle public and can be withheld
subject only to the protection of other rights and legitimate interests,
Have agreed as follows:CETS 205 – Access to Official Documents, 18.VI.2009__________________________________________________________________________________
Section I
Article 1 – General provisions
1

The principles set out hereafter should be understood without prejudice to those domestic
laws and regulations and to international treaties which recognise a wider right of access to
official documents.

2

For the purposes of this Convention:
a

i

ii

b

“public authorities” means:1government and administration at national, regional and local level;2

legislative bodies and judicial authorities insofar as they perform administrative
functions according to national law;3

natural or legal persons insofar as they exercise administrative authority.

Each Party may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, by a declaration addressed to theSecretary General of the Council of Europe, declare that the definition of “publicauthorities” also includes one or more of the following:1

legislative bodies as regards their other activities;2

judicial authorities as regards their other activities;

3

natural or legal persons insofar as they perform public functions or operate withpublic funds, according to national law.

“official documents” means all information recorded in any form, drawn up or received
and held by public authorities.

Article 2 – Right of access to official documents
1

Each Party shall guarantee the right of everyone, without discrimination on any ground, tohave access, on request, to official documents held by public authorities.

2

Each Party shall take the necessary measures in its domestic law to give effect to theprovisions for access to official documents set out in this Convention.

3

These measures shall be taken at the latest at the time of entry into force of this Convention
in respect of that Party.
Article 3 – Possible limitations to access to official documents

1

Each Party may limit the right of access to official documents. Limitations shall be set down
precisely in law, be necessary in a democratic society and be proportionate to the aim ofprotecting:anational security, defence and international relations;bpublic safety;

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CETS 205 – Access to Official Documents, 18.VI.2009__________________________________________________________________________________cthe prevention, investigation and prosecution of criminal activities;ddisciplinary investigations;einspection, control and supervision by public authorities;f

privacy and other legitimate private interests;gcommercial and other economic interests;hthe economic, monetary and exchange rate policies of the State;ithe equality of parties in court proceedings and the effective administration of justice;jenvironment; orkthe deliberations within or between public authorities concerning the examination of amatter.

Concerned States may, at the time of signature or when depositing their instrument of
ratification, acceptance, approval or accession, by a declaration addressed to the Secretary
General of the Council of Europe, declare that communication with the reigning Family and its
Household or the Head of State shall also be included among the possible limitations.
2

Access to information contained in an official document may be refused if its disclosure would
or would be likely to harm any of the interests mentioned in paragraph 1, unless there is anoverriding public interest in disclosure.

3

The Parties shall consider setting time limits beyond which the limitations mentioned inparagraph 1 would no longer apply.
Article 4 – Requests for access to official documents

1

An applicant for an official document shall not be obliged to give reasons for having access tothe official document.

2

Parties may give applicants the right to remain anonymous except when disclosure of identity
is essential in order to process the request.

3

Formalities for requests shall not exceed what is essential in order to process the request.
Article 5 – Processing of requests for access to official documents

1

The public authority shall help the applicant, as far as reasonably possible, to identify therequested official document.

2

A request for access to an official document shall be dealt with by any public authority holding
the document. If the public authority does not hold the requested official document or if it is
not authorised to process that request, it shall, wherever possible, refer the application or theapplicant to the competent public authority.

3

Requests for access to official documents shall be dealt with on an equal basis.

4

A request for access to an official document shall be dealt with promptly. The decision shallbe reached, communicated and executed as soon as possible or within a reasonable time
limit which has been specified beforehand.
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5

6

A request for access to an official document may be refused:iif, despite the assistance from the public authority, the request remains too vague toallow the official document to be identified; orii

if the request is manifestly unreasonable.

A public authority refusing access to an official document wholly or in part shall give thereasons for the refusal. The applicant has the right to receive on request a written justificationfrom this public authority for the refusal.
Article 6 – Forms of access to official documents

1

When access to an official document is granted, the applicant has the right to choose whether
to inspect the original or a copy, or to receive a copy of it in any available form or format of hisor her choice unless the preference expressed is unreasonable.

2

If a limitation applies to some of the information in an official document, the public authority
should nevertheless grant access to the remainder of the information it contains. Anyomissions should be clearly indicated. However, if the partial version of the document ismisleading or meaningless, or if it poses a manifestly unreasonable burden for the authority torelease the remainder of the document, such access may be refused.

3

The public authority may give access to an official document by referring the applicant toeasily accessible alternative sources.
Article 7 – Charges for access to official documents

1

Inspection of official documents on the premises of a public authority shall be free of charge.
This does not prevent Parties from laying down charges for services in this respect provided
by archives and museums.

2

A fee may be charged to the applicant for a copy of the official document, which should bereasonable and not exceed the actual costs of reproduction and delivery of the document.
Tariffs of charges shall be published.
Article 8 – Review procedure1

An applicant whose request for an official document has been denied, expressly or impliedly,
whether in part or in full, shall have access to a review procedure before a court or anotherindependent and impartial body established by law.

2

An applicant shall always have access to an expeditious and inexpensive review procedure,
involving either reconsideration by a public authority or review in accordance withparagraph 1.
Article 9 – Complementary measures
The Parties shall inform the public about its right of access to official documents and how thatright may be exercised. They shall also take appropriate measures to:aeducate public authorities in their duties and obligations with respect to theimplementation of this right;bprovide information on the matters or activities for which they are responsible;

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CETS 205 – Access to Official Documents, 18.VI.2009__________________________________________________________________________________cmanage their documents efficiently so that they are easily accessible; anddapply clear and established rules for the preservation and destruction of their documents.

Article 10 – Documents made public at the initiative of the public authorities
At its own initiative and where appropriate, a public authority shall take the necessary
measures to make public official documents which it holds in the interest of promoting thetransparency and efficiency of public administration and to encourage informed participationby the public in matters of general interest.
Section II
Article 11 – Group of Specialists on Access to Official Documents
1

A Group of Specialists on Access to Official Documents shall meet at least once a year with aview to monitoring the implementation of this Convention by the Parties, notably:areporting on the adequacy of the measures in law and practice taken by the Parties togive effect to the provisions set out in this Convention;biexpressing opinions on any question concerning the application of this Convention;ii

making proposals to facilitate or improve the effective use and implementation ofthis Convention, including the identification of any problems;iii

exchanging information and reporting on significant legal, policy or technologicaldevelopments;iv

making proposals to the Consultation of Parties for the amendment of thisConvention;v

formulating its opinion on any proposal for the amendment of this Convention madein accordance with Article 19.

2

The Group of Specialists may request information and opinions from civil society.

3

The Group of Specialists shall consist of a minimum of 10 and a maximum of 15 members.
The members are elected by the Consultation of Parties for a period of four years, renewable
once, from a list of experts, each Party proposing two experts. They shall be chosen fromamong persons of the highest integrity recognised for their competence in the field of accessto official documents. A maximum of one member may be elected from the list proposed byeach Party.

4

The members of the Group of Specialists shall sit in their individual capacity, be independentand impartial in the exercise of their functions and shall not receive any instructions fromgovernments.

5

The election procedure of the members of the Group of Specialists shall be determined by theCommittee of Ministers, after consulting with and obtaining the unanimous consent of theParties to the Convention, within a period of one year following the entry into force of thisConvention. The Group of Specialists shall adopt its own rules of procedure.
Article 12 – Consultation of the Parties

1

The Consultation of the Parties shall be composed of one representative per Party.
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2

The Consultation of the Parties shall take place with a view to:aconsidering the reports, opinions and proposals of the Group of Specialists;bmaking proposals and recommendations to the Parties;cmaking proposals for the amendment of this Convention in accordance with Article 19;dformulating its opinion on any proposal for the amendment of this Convention made inaccordance with Article 19.

3

The Consultation of the Parties shall be convened by the Secretary General of the Council ofEurope within one year after the entry into force of this Convention in order to elect themembers of the Group of Specialists. It shall subsequently meet at least once every 4 years
and in any case, when the majority of the Parties, the Committee of Ministers or the Secretary
General of the Council of Europe requests its convocation. The Consultation of the Parties
shall adopt its own rules of procedure.

4

After each meeting, the Consultation of the Parties shall submit to the Committee of Ministers
an activity report.
Article 13 – Secretariat
The Consultation of the Parties and the Group of Specialists shall be assisted by the
Secretariat of the Council of Europe in carrying out their functions pursuant to this Section.
Article 14 – Reporting1

Within a period of one year following the entry into force of this Convention in respect of aContracting Party, the latter shall transmit to the Group of Specialists a report containing full
information on the legislative and other measures taken to give effect to the provisions of thisConvention.

2

Thereafter, each Party shall transmit to the Group of Specialists before each meeting of theConsultation of the Parties an update of the information mentioned in paragraph 1.

3

Each Party shall also transmit to the Group of Specialists any information that it requests tofulfil its tasks.
Article 15 – Publication
The reports submitted by Parties to the Group of Specialists, the reports, proposals andopinions of the Group of Specialists and the activity reports of the Consultation of the Parties
shall be made public.

Section III
Article 16 – Signature and entry into force of the Convention
1

This Convention shall be open for signature by the member States of the Council of Europe.

2

This Convention is subject to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the Council ofEurope.

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3This Convention shall enter into force on the first day of the month following the expiration of aperiod of three months after the date on which 10 member States of the Council of Europe
have expressed their consent to be bound by the Convention in accordance with theprovisions of paragraph 2.

4

In respect of any Signatory State which subsequently expresses its consent to be bound by it,
the Convention shall enter into force on the first day of the month following the expiration of aperiod of three months after the date of the expression of its consent to be bound by theConvention in accordance with the provisions of paragraph 2.
Article 17 – Accession to the Convention

1

After the entry into force of this Convention, the Committee of Ministers of the Council ofEurope may, after consulting the Parties to this Convention and obtaining their unanimous
consent, invite any State which is not a member of the Council of Europe or any internationalorganisation to accede to this Convention. The decision shall be taken by the majority
provided for in Article 20.d of the Statute of the Council of Europe and by unanimous vote of
the representatives of the Parties entitled to sit on the Committee of Ministers.

2

In respect of any State or international organisation acceding to the Convention underparagraph 1 above, the Convention shall enter into force on the first day of the monthfollowing the expiration of a period of three months after the date of deposit of the instrumentof accession with the Secretary General of the Council of Europe.
Article 18 – Territorial application

1

Any State may at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or territories to which this Convention
shall apply.

2

Any State may, at any later date, by a declaration addressed to the Secretary General of theCouncil of Europe, extend the application of this Convention to any other territory specified in
the declaration for whose international relations it is responsible. In respect of such territory
the Convention shall enter into force on the first day of the month following the expiration of aperiod of three months after the date of receipt of such declaration by the Secretary General.

3

Any declaration made under the two preceding paragraphs may, in respect of any territory
specified in such declaration, be withdrawn by a notification addressed to the Secretary
General. The withdrawal shall become effective on the first day of the month following the
expiration of a period of three months after the date of receipt of such notification by the
Secretary General.
Article 19 – Amendments to the Convention

1

Amendments to this Convention may be proposed by any Party, the Committee of Ministers of
the Council of Europe, the Group of Specialists or the Consultation of the Parties.

2

Any proposal for amendment shall be communicated by the Secretary General of the Councilof Europe to the Parties.

3

Any amendment shall be communicated to the Consultation of the Parties, which, after having
consulted the Group of Specialists, shall submit to the Committee of Ministers its opinion on
the proposed amendment.

4

The Committee of Ministers shall consider the proposed amendment and any opinion
submitted by the Consultation of the Parties and may approve the amendment.

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5

The text of any amendment approved by the Committee of Ministers in accordance withparagraph 4 shall be forwarded to the Parties for acceptance.

6

Any amendment approved in accordance with paragraph 4 shall come into force on the firstday of the month following the expiration of a period of one month after the date on which all
Parties have informed the Secretary General that they have accepted it.
Article 20 – Declarations
Any Party may, at the time of the signature or when depositing its instrument of ratification,
acceptance, approval or accession, make one or more of the declarations provided for in
Articles 1.2, 3.1 and 18. It shall notify any changes to this information to the Secretary
General of the Council of Europe.
Article 21 – Denunciation

1

Any Party may at any time denounce this Convention by means of a notification addressed to
the Secretary General of the Council of Europe.

2

Such denunciation shall become effective on the first day of the month following the expirationof a period of six months after the date of receipt of the notification by the Secretary General.
Article 22 – Notification
The Secretary General of the Council of Europe shall notify the member States of the Councilof Europe and any State and international organisation which has acceded or been invited to
accede to this Convention of:aany signature;b

the deposit of any instrument of ratification, acceptance, approval or accession;c

any date of entry into force of this Convention in accordance with Articles 16 and 17;dany declaration made under Articles 1.2, 3.1 and 18;eany other act, notification or communication relating to this Convention.

In witness whereof the undersigned, being duly authorised thereto, have signed thisConvention.
Done at Tromsø, this 18th day of June 2009, in English and French, both texts being equallyauthentic, in a single copy which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe shall transmit certified copies to eachmember State of the Council of Europe and to any State and international organisation invited
to accede to this Convention.

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