COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93)258 final 
Brussels, 2 June 1993 
OPENNESS IN THE COMMUNITY 
Communication to the Council, the Parliament and the 
Economic and Social Committee 
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CONTENTS 
1. Introduction 
2. State ©f play 
3. Access to documents 
4. Relations with the General Public 
5. Final 
Annexes : 
Implementation of the open approach and of meaaures. on special 
interest groups (December 1992V 
Access to documents 
Openness and transparency 
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OPENNESS IN THE COMMUNITY 
1. Introduction 
In the Treaty on European Union and subsequently in the Birmingham 
European Council Declaration, and in the Conclusions of the Edinburgh 
European Council, the Heads of State or Government gave clear signals 
that the Community must be seen to be close to its citizens. 
Conditions must be created in which a more informed public debate on the 
Community and its future can flourish. The commission has taken several 
initiatives as a contribution to this. 
The purpose of this communication is to take stock of the implementation 
of the measures concerned. It shows substantial achievement, rapidly 
executed, and provides a clear indication of further work already 
underway at the Commission. 
Another goal is, in conjuction with the work finished in May, to present 
more detailed requirements for providing 'access to the institution's 
documents in order to enhance further discussion. Therefore this 
communication forms the Commission's completed response to a declaration 
made at Maastricht containing an invitation for a report on measures 
designed to improve public access. 
This communication also outlines further Commission measures designed to 
improve its relations with the general public as announced in the 
Commission's work programme for 1993/94. It equally invites the other 
institutions, national, regional and local authorities and non­
governmental organisations to cooperate in achieving these ends. 
The Commission sees the development of its information and communication 
policy as very much linked to the achievement of openness. The future 
shaping of this policy will be dealt with more in detail in a separate 
communication which will be adopted shortly. 
2. State of Play 
The Commission has a commendable history of an open door policy. 
Traditionally it has been open to input from citizens. This stems from 
the belief that such a process is fundamental for the development of 
sound and workable policies. The Commission intends, as indicated in the 
Communication on Increased Transparency in the work of the commission 
(O.J. C 63, 5.3.1993, p. 8) to extend this policy more widely. For 
example by broadening participation in the working process of the 
Commission and by making Commission documents more rapidly available. To 
this end the Commission has already taken a series of measures. In a 
parallel communication the Commission outlined its approach to an Open 
and Structured Dialogue with Special Interest Groups. 
The measures foreseen in both Communications are at present being put 
into practice. Some actions have already been implemented, such as 
identification in the legislative programme for 1993 of forthcoming 
proposals which should be preceded by broad external consultations and 
the publication of a list of subjects on which green or white papers will 
be prepared in 1993. A programme for legislative consolidation of various 
Community measures has been announced and, in addition, arrangements have 
been made for launching an effective and rapid system, through the 
Office of Official Publications of the European Communities, for making 
available consolidated texts for practical use. Moreover, several steps 
have been taken to ensure that Commission staff are aware of the need for 
increased openness. Further details on the substantial progress made 
are contained in annex 1. 
The December package dealt explicitly with openness. However, the 
Commission would like to point out that many other recent initiatives 
also contribute directly or indirectly to greater openness. In this 
respect the following examples could be mentioned : 
- the Commission's follow up to the Sutherland report (SEC (92) 2277) 
which contains a series of activities to improve openness for firms, 
trade associations and consumers on the management of the internal 
market; 
the Commission's proposals to develop the Euro Info centres to 
facilitate access by enterprises to Community information will 
equally increase openness; and 
work on administrative simplification of Community policies in 
favour of enterprises and in the field of agriculture. 
The Commission has noted with great interest the efforts in the field of 
transparency made by the other institutions and supports these. For 
example, it noted with satisfaction that the Council has started to put 
the decisions made at Edinburgh on access to its work and on information 
on its role and its decisions into practice as quickly as possible. The 
Commission is willing to contribute to the implementation of the 
Edinburgh conclusions on easier access to Community legislation. 
By its nature the European Parliament is accessible to the public. The 
Commission awaits with interest the outcome of its current discussions 
such as on the European community's information policy as a whole. The 
Birmingham European Council affirmed that national parliaments should be 
more involved in the Community's activities. In the Commission's view 
this will leave unchanged the key and vital role played by the European 
Parliament in the community. 
3. Access to Documents 
On the specific matter of access to documents, the Commission in its 
Communication of 5 May 1993 (COM (93) 191 final) suggested that, as a 
general principle, access to documents should be permitted albeit with 
certain exemptions. It considered this principle as a key element for 
establishing the openness required i.e. to make the institutions more 
accessible and therefore to encourage more dialogue. It has proposed a 
certain number of minimum requirements and basic principles for the 
establishment of a policy on access to documents. The Commission invited 
the other institutions to cooperate in this development. It suggested 
that this could take the form of an inter-institutional agreement. The 
guiding principles which the Commission would like to reaffirm for such 
access are: 
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The importance of reinforcing an open relationship between the 
Community's institutions and its citizens; 
Additional actions would obviously have maximum effect if taken by 
all institutions concerned, while taking into account the specific 
role of each institution, including the particular working practices 
of each institution; 
- The right balance will have to be struck between the interests of 
increased openness and transparency, and such other considerations as 
the protection of public and private interests and the importance of 
ensuring that work within the institutions can proceed in a timely 
and effective manner. 
On this basis, the Commission has pursued its analysis of similar 
policies applied by other administrations as well as the relevant 
provisions existing at Community level. (See also the comparative survey 
as annexed to COM (93) 191 final). 
The commission considers that after an agreement on basic principles and 
minimum requirements has been reached between the institutions, the 
question of the form by which these principles are put into effect will 
have to be addressed. Likewise the need for an appeal procedure will be 
considered. This could include the need to revise relevant community 
legislation on the classification of documents and dealing with secrecy 
rules. Moreover certain administrative and organisational changes 
within each institution would be required. It would also call for more 
detailed guidance for staff on this policy. 
Following these deliberations, the Commission has been elaborating on the 
necessary key principles and requirements to allow access to documents, 
in view of further discussions with the other institutions. These 
additional elements are contained in annex II. 
4. Relations with the General Public 
The Commission is aware that the process of European integration and in 
particular the implementation of the Treaty on European Union and 
progress towards Community enlargement can only progress successfully 
with the support of Europe's citizens. 
The Member States play a particularly important role in the Community 
since it is they who enact community policy. Given this importance, the 
Commission invites Member states to take further action to improve 
openness at national level in the implementation of Community policies. 
The Commission itself feels that as a first priority it should explain 
its actions more clearly and provide adequate understanding about the 
Community's work. In this case, it considers that it is not so much 
whether more use should be made of existing tools, but how these could be 
better targeted and managed in order to convey messages, to dialogue with 
and 
facilitate participation of the public in the most effective way. It 
therefore has initiated a set of measures aimed at increasing openness 
and transparency in its relations with the public. These are set out in 
greater detail in annex III. 
Taking account of the way the European Community is being constructed, it 
is the Commission's view that all the relevant Community institutions, 
Member State authorities and others have a role to play in the process of 
making the Community's policies transparent. A transparent Community 
could be better achieved by concerted action on the part of the different 
authorities and organisations. It is important that the relevant partners 
play their part in this area and work together. 
The Commission therefore invites the other institutions, national, 
regional and local authorities and non-governmental organisations to 
cooperate in achieving these ends. The Commission is of the opinion that 
the useful experience gained in raising awareness of the single market 
could be used to develop greater openness through an accent on specific 
targets and themes. In particular, the Commission should work more 
closely with the European Parliament on these questions. 
It is prepared to take an initiative to arrange for the development of 
such common themes around which further activities of the different 
partners could be structured. A round table meeting will be organised to 
that end. 
The institutions' offices in the Member states could play a leading role 
by facilitating the implementation of the common arrangements made. The 
institution's offices will also take initiatives in the promotion of 
further relay partnerships with local and vocational organisations 
prepared to cooperate in bringing about a wider awareness of Community 
policies. 
5. Final 
The implementation of a Transparency policy is of importance to all 
institutions. The Commission will put into place these measures within 
the existing budgetary constraints bearing in mind that extra resources 
are likely to be necessary. 
Annex 1 
Implementation of the open approach 
and of measures on special interest groups 
December 1992 
I. INTRODUCTION 
On 2 December 1992 the Commission adopted two complementary 
communications, the first on transparency, the second on special 
interest groups. 
The purpose of the first communication was to provide a basis for an 
initial discussion on the Commission's contribution to openness. It 
was specifically addressed to those members of the public who follow 
Community affairs closely. 
The purpose of the second communication was to define the ground rules 
for an open, structured dialogue between the Commission and special 
interest groups. 
The measures foreseen in both communications are at present being put 
into practice. This annex describes the substantial progress that has 
been made. 
II. THE OPEN APPROACH 
1. To bring into effect the provisions of the communication on 
transparency, action has been or is being taken on a number of 
fronts. 
2. The following measures are in place: 
- publication of lists of COM documents on general topics in 
the Official Journal each week; 
inclusion in the COM series of papers of general interest 
hitherto classified as SEC documents and not normally 
published, with a view to broadening access to this 
category of information; 
- publication of work programmes and legislative programmes 
in the Official Journal to publicize action planned by the 
Commission; 
> 
flagging in the legislative programme of upcoming proposals 
which will be suitable for wide-ranging preliminary 
consultations ; 
- publication in the legislative programme of a list of 
topics on which Green or White Papers will be prepared in 
1993; 
- publication in the legislative programme of plans to 
consolidate legislation; 
- adoption by the Commission on 5 May 1993 of a communication 
to the other institutions on public access to the 
institutions' documents ; 
the preparation of a interinstitutional yearbook which will 
describe in more detail the organigramme of the 
institutions. 
3. As regards the preparation of commission proposals and 
decisions, with particular reference to the consultation of 
interested parties, the implementation of the notification 
procedure described in the communication (publication of a 
brief summary of proposed policy initiatives in the c series 
of the Official Journal, setting of a deadline for the receipt 
of comments...) will be reinforced. 
4. Other measures relating to the dissemination of information 
have been taken or are in the process of implementation. The 
Commission had given an undertaking to increase awareness of 
its data bases and asked its services to come up with ideas 
for improving the dissemination of information. 
Activities here include: 
- publicizing and improving diffusion of existing data bases; 
improving the existing relay network, and 
- daily transmission of information to commission offices in 
the Community and certain delegations outside the 
Community. 
Actions are also underway to improve the diffusion of the 
monthly bulletin and the annual report. These official 
reference books, published in the 9 official Community 
languages describe in a systematic way the different stages of 
the decision making process related to files under preparation 
with reference to the Official Journal, COM and other 
accessible documents and equally present the community's 
activities in a general way. 
— i-
5. The Commission has defined a programme for legislative 
consolidation of various Community measures, and it encourages 
the other institutions to take part in this process. Priority 
areas for codification are under discussion. This will seek 
to implement the commitment made at Edinburgh and will reflect 
the priority given to codification in the Commission's 1993 
legislative programme. The Commission will seek to make 
concrete proposals to the Council and the European parliament 
for an accelerated procedure to allow for rapid and effective 
adoption of codified Community law. 
6. Staff have been informed about the main features of the two 
communications and an administrative notice has been 
distributed, reminding staff of their rights and obligations 
under the staff regulations. 
The commission is in the process of clarifying contracts with 
temporary staff to bring them into line with the provisions of 
the Staff Regulations. 
A committee, comprising the Secretary-General and the Directors-
General concerned, has been set up to prepare the Commission's 
position on potential conflicts of interest between assignments 
undertaken by former staff and the posts they held during their time 
at the Commission (Article 16 of the Staff Regulations). 
III. SPECIAL INTEREST GROUPS 
Contacts have already been established with those concerned to clarify 
the content of the communication on special interest groups. Their 
representatives reacted favourably to the idea of self-regulation 
involving the drafting of a code of conduct by the interest groups 
themselves (profit-making or otherwise), a directory for profit-making 
organizations and the establishment of one or more organizations to 
provide a channel of communication between interest groups and the 
Commission. However, interest groups have taken no steps in this 
direction to date. 
In order to accelerate the implementation of its policy, the 
Commission considers that a number of consultation meetings should be 
organized before the summer recess to outline the Commission's 
intentions and to further encourage interest groups to take 
appropriate initiatives. 
It is worth noting that the European Parliament is also in the process 
of redefining its relations with special interest groups. The 
Commission intends to act in close cooperation with Parliament in this 
area. 
1 
The plan, following a political undertaking given by the two 
Presidents, is to create a data base common to the two institutions 
containing information on interest groups which maintain relations 
with them. The groundwork has been done by Commission services and is 
awaiting finalization. The data base is to be accessible not only to 
the two institutions but also to the general public. Each institution 
will draw its own conclusions from the information stored. 
For the Commission, this means the establishment of a directory of all 
non-profit-making organizations. Inclusion in the directory will not 
imply any form of official recognition, nor will it confer any 
priviliges, such as preferential access to information or buildings. 
The aim is to create an instrument of transparency available to all 
parties, not to introduce a system of accreditation. 
\& / 
Annex 2 
ACCESS TO DOCUMENTS 
The Communication from the Commission of 5 May (COM (93) 191 final) set 
out the basic principles of access to documents while respecting the 
existing Treaty obligations and the Acts derived thereof. 
This annex seeks to expand upon these basic principles which the 
commission sets out as a basis for discussion with the other 
institutions. 
1. Definition of a document 
The definition of a document is vital for the scope of this policy. 
The Commission considers a document to be a written paper or other 
material containing existing data held by an institution or recognised 
part of an institution. 
2. A precise request from the public 
Access to documents will be provided subsequent to a sufficiently 
precise written request from the public, provided it is made in one of 
the official Community languages. The Institutions will therefore need to 
consider every such request , and decide which, if any, of the documents 
that they hold best meets the requirements of the person making the 
request. 
3* Time Limits 
A reply to a request for a document should be given as soon as possible 
and as a general rule within one month. The time limit could be extended 
by another four weeks if consultation, for example with Member state 
authorities, other institutions, third countries or parties or an 
international organisation has to take place. If a document is in the 
course of being located, or if permission is still being sought from a 
third party for the release of information when the time limit expires 
the institution concerned shall send a holding reply. 
4. Accessibility of Documents 
In its Communication on Public Access to the Institution's documents (COM 
(93) 191 final) the Commission proposed that access to documents should 
be permitted, albeit with certain exemptions. 
The relevant Institution will consider each request on its own merits and 
will examine carefully whether or not a document should be made 
available. If the request applies to a classified document, the 
institution will consider whether the classification should be retained. 
In accordance with existing practices, each institution will 
systematically review the classification given to documents. 
A request for a document should be refused where it is necessary to 
safeguard: 
The public interest (public security, international relations, 
monetary stability, judicial procedures, inspection and enquiries); 
Commercial, industrial and financial confidentiality, including 
intellectual property; 
Protection of the individual and personal privacy; 
Records of financial institutions; 
Financial interests of the Community; 
Documents containing in particular personal views of staff and/or which 
have been produced for the purpose of internal deliberations, such as the 
opinions of services, are excluded from access. Once the decision has 
been taken, the institution may permit access to the preparatory 
documents associated with that decision. 
An institution may also refuse a request which it considers to be 
manifestly unreasonable i.e. when a request would undermine the 
effectiveness and good functioning of the institution. 
5. Documents containing information from a secondary source 
As present rules indicate, a classified document received from a Member 
State or Community institution retains its classification. A document 
originating from any other source will, as necessary, be given an 
appropriate grading by the institution. Requests for access to all 
documents from secondary sources will be referred to their source. 
Documents drafted by one of the EC institutions often contain information 
which comes from the Member States or Community institutions, and some 
of that information may be classified. At present, the drafter of the 
institution's document decides on its classification. In making this 
classification the drafter may only deviate from the security rating of 
the secondary source if the information as such is not attributable to 
the secondary source concerned, if the information is already widely 
available and/or if the secondary source agrees on declassification. 
/it 
The existing Community policy as described above in this field appears to 
be appropriate and could therefore continue. 
6. Languages 
The reply will be made in the language used by the person making the 
request, provided it is one of the official languages of the Community. 
The document prepared by the institution will be given in the language 
requested, other documents, made at the request of the institution, for 
example studies, will be given in the language in which they exist. 
Account will be taken of the preference of the requestee as far as 
possible. 
7. Costs 
Each Institution may make a charge for supplying documents but such 
charge may not exceed a reasonable amount. Each of the institutions will 
further investigate this area; for example, the handling of cases where 
charges are small, and may cost more to collect than the revenue they 
yield. 
8. How to make the documents available 
The Institutions could make information available either by sending an 
unabridged copy, by allowing personal examination, by sending a summary 
or extract. The preferences of the individual making the request must be 
taken into account when deciding which of these methods is most 
appropriate. 
9. Committees 
In the execution of its tasks, the Commission and the other institutions 
are aided by a number of committees. Each institution could as 
appropriate draw up a list of the committees to which access upon request 
to documents will be possible, subject to the exemptions mentioned above. 
10. Databases 
Information contained in a data-base will be given provided the request 
does not necessitate the writing of new computer programmes to sort the 
data and the existing information can be made available through routine 
operations. This will not affect present access on a paid basis. 
11» Organisational Matters 
In the further development of the outline a number of decisions have to 
be taken about the way that this policy will be handled by the 
Institutions (costs, fees, organisation, administrative procedures, 
establishment of reading rooms...). 
ANNEX 3 
Openness and Transparency 
as they relate to the general public 
The Commission will take additional steps designed to provide the 
public with a better understanding of its work. Their aim will be not 
just to make more information available, but to make it available in a 
way that provides easy access, in a user-friendly format, when and 
where it is required. 
The following elements relating to aspects of openness and transparency 
addressing the general public directly or indirectly represent a 
reinforcement of existing Commission practice. 
Media relations 
Sound relations with the media are the first essential in any 
commitment to openness. In today's Europe, and given the status of the 
Community in the world, this requires the availability round-the-clock 
of a professional press service. The Commission will provide the 
resources and facilities necessary for 24-hour accessibility for 
newspaper, radio and television inquiries. 
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Personal contact 
While the media will continue to be the main channel of communication 
between the Community and its citizens, the Commission must also be 
equipped to respond quickly and effectively to individual inquiries of 
all kinds. A major management priority is being given to an improvement 
in the treatment of telephone, mail and personal contacts between 
citizens and the commission, including, of course, contacts with 
Commission services and with Commission Offices in the Member states. 
The Community's public databases are to be more widely promoted and 
made more user-friendly. Greater use will be made of systems open to 
the general public (for example MINITEL, BTX...) to facilitate access 
to information services such as the Publications office's electronic 
catalogue of Community publications. 
Once a new approach to press and public relations is agreed, steps will 
be taken to publicise them throughout the Community. 
Training and Image 
The Commission is taking steps to ensure actively that openness and the 
importance of communication with Community citizens are seen to be part 
of its political and management culture. Such initiatives will include 
special staff training and a re-examination of information and other 
publications. 
•?> 
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Networking 
Even with an energetic and professional approach to press and public 
relations, to ensure that the Commission develops a capacity to 
communicate with Community citizens on a regional basis it will be 
necessary to build on available experience of information networking. 
This experience includes, for example, the Euro Info Centre project 
which gives businesses access to EC information. 
Commission Offices will play a leading role in the promotion of further 
relay partnerships with local and vocational organisations prepared to 
cooperate with the Commission in seeking to bring about a wider 
awareness of what the Community means and how it works. The Commission 
is taking steps to reinforce internal co-ordination of the management 
and extension of relay initiatives. 
Evaluation 
The full use of instruments such as Eurobarometer will facilitate the 
evaluation of the effectiveness and cost-benefit of information and 
communication activities. Follow-up can then provide a clear indication 
of the effectiveness of Commission and other initiatives aimed at 
bringing the Community closer to its citizens. 
H 
ISSN 0254-1475 
COM (93) 258 final 
DOCUMENTS 
EN 
Catalogue number : CB-CO-93-290-EN-C 
ISBN 92-77-56504-7 
Office for Official Publications of the European Communities 
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