EN Official Journal of the European Union CE 84/908

(2004/C 84 E/1003)

WRITTEN QUESTION P-0903/04

by Ingo Friedrich (PPE-DE) to the Commission

(19 March 2004)

Subject: Termination of European Documentation Centres' (EDCs) preferential subscription to the EC/EU Official Journal (printed edition)

The rights and obligations of the EDCs are set out in the written agreements last concluded in 1996 between the then DG X and the individual EDCs. Article 2 of the agreement states that the Commission shall supply publications of the European Union's institutions to the EDCs on a regular basis and free of charge.

Unfortunately, since 1 January 2004 and 1 May 2003 respectively, the paper editions of the Official Journal of the EU and COM documents have no longer been supplied to the EDCs under the free subscription system. As the sole official source of legislation, the Official Journal of the EU is legally binding only in its paper edition. There are discrepancies between the printed and electronic versions. It is, therefore, of great importance for EDC users. It would be desirable if the 55 European Documentation Centres in Germany continued to receive it free of charge.

The Commission requires the EDCs to maintain archives. Having to research and print electronic EU documents for users would entail a major additional input of staff and financial resources and would require checks to see whether the EDCs have the necessary technology available for that purpose.

The Commission has thus far not granted the EDCs any financial aid. Would it be possible, in the public interest and in support of transparency, to continue to supply the important publications free of charge?

Answer given by Mr Prodi on behalf of the Commission

(20 April 2004)

The Commission shares the concern of the Honourable Member for the adequate distribution of materials to the European Documentation Centres (EDCs) and thanks him for his question which allows the Commission to clarify several points.

The decision to end the EDCs' preferential subscription to the paper edition of the L & C series of the Official Journal (OJ) was taken by the Publications Office, whose Management Committee is composed of the Secretaries-General of all European Institutions. In view of the high cost of distribution of the paper edition of the OJ, the institutions represented in the Management Committee of the Publications Office have adopted a strategy encouraging distribution of the OJ on CD-ROM.

The Publications Office decided, with effect from 2000, to provide the EDCs and other information relays with the OJ L & C series on CD-ROM free of charge. The EDCs and information relays were given the option of subscribing to the paper edition of the OJ at a preferential rate, on a transitional basis.

In 2004, all EDCs receive the OJ L & C CD-ROM free of charge. This distribution meets the obligation stipulated in Article 2 of the agreement mentioned by the Honourable Member which states ‘that the Commission shall supply publications of the European Union's institutions to the EDCs on a regular basis and free of charge’. The CD-ROM edition of the OJ is of demonstrably high quality and is easily archived.

EDCs and information relays can also access documents in the OJ L & C series section of the EUR-Lex Internet portal on the day of their publication. Access to documents via the EUR-Lex site has become very widespread for the general public as well as professional and academic circles.

EDCs have also continued to have free access to CELEX, the database on Community law, which will become generally available and free of charge from 1 July 2004 onwards.

The question of the legal validity of information in electronic form, raised by the Honourable Member, should only arise in the event of an action or proceedings before a court. Such cases do not fall within the ambit of EDCs.

As regards the technology required by EDCs, access to the OJ L & C CD-ROM requires a CD-ROM drive and daily consultation via the EUR-Lex site requires an Internet connection. The Commission would expect EDCs to have such facilities.

As the Commission is ceasing to produce paper editions of certain categories of documents, such as COM and SEC documents, it is endeavouring to improve the electronic provision of such materials in cooperation with the Publications Office. The Commission maintains regular contacts with EDCs and information relays concerning their needs.