WRITTEN QUESTION E-2884/00

by Erika Mann (PSE) to the Council

(13 September 2000)

Subject: Decision of 14 August 2000 on public access to Council documents (2000/527/EC)

The Council decision of 14 August 2000 (2000/527/EC)(1) focuses on documents which relate to matters concerning the security and defence of the Union or of one or more of its Member States or on military or non-military crisis management. The respective ranges of the European Union's second and third pillars increasingly overlap in security matters (e.g. foreign policy and immigration). Does the above formulation mean that the proposal can also indirectly bear on documents relating to police and judicial cooperation in criminal matters? What exactly comes under the term non-military crisis management?

If the author of the document concerned is a natural or legal person, a Member State, another Community institution or body or any other national or international body, documents in the field of affect by the decision may only be published with the author's written consent. What is the relevance of paragraph 3 which is added to Article 2 of Decision 93/731/EC(2) as a supplement?

The public has access to documents, except where they are classified as Très Secret / Top Secret, Secret or Confidential. Who is responsible for the classification of Council documents? On what criteria does the Council classify documents Très Secret/Top Secret, Secret or Confidential? Is provision made for an expiry date after which classified documents are released?

Does not the extension undertaken under the second paragraph of Article 2 of Decision 2000/527/EC with the addition of the term non-military crisis management within the definition protection of the public interest of Decision 93/731/EC (public security, the security and defence of the Union or of one or more of its Member States, military or non-military crisis management, international relations, monetary stability, court proceedings, inspections and investigations) mean that through the addition of that term, the boundary between the military-operational field and the political field becomes blurred?

(1) OJ L 212, 23.8.2000, p. 9.

(2) OJ L 340, 31.12.1993, p. 43.

Reply

(30 November 2000)

1. As is clear from the first recital of Decision 2000/527/EC, that Decision is one of the measures necessary to implement the conclusions of the European Council meeting in Helsinki in December 1999, which adopted two Presidency reports (see Annex IV to the Presidency conclusions)

on developing the EU's means for military and non-military crisis management in the framework of a strengthened European security and defence policy. For a definition of what is meant by non-military crisis management in this context the Honourable Member is asked to refer to Annex 2 to Annex IV to the Presidency conclusions.

2. New paragraph 3 of Article 2 of Decision 93/731/EC relates to the handling of Council documents which enable conclusions to be drawn regarding the content of information received from third parties. Paragraph 2, on the other hand, relates to documents written by persons outside the Council. In the first case the prior consent of the author of the information is required before the document can be released, and in the second case the person requesting the document must apply directly to the author.

3. The measures for the protection of classified information applicable to the General Secretariat of the Council, including the classification criteria, are set out in the Decision of the Secretary-General of the Council/High Representative for the Common Foreign and Security Policy of 27 July 2000(1).

4. The reference to the security and defence of the Union or of one or more of its Member States and to military and non-military crisis management (for a definition of these terms see point 1 above) as part of the concept of public interest (first indent of Article 4(1) of Decision 93/731/EC) is simply intended to make it clear that these matters must be taken into account by the Council when examining a request for access to a document which falls within the scope of Decision 93/731/EC.

(1) OJ C 239, 23.8.2000.