Decision No 9/97 concerning public access to administrative documents of the European Monetary Institute (EMI)
Date: 1997-06-03
Institutions: European Monetary Institute
Subjects: European Monetary Institute, access to information, document

25. 3. 98

EN

Official Journal of the European Communities

L 90/43

EUROPEAN MONETARY INSTITUTE

concerning public access to administrative documents of the European Monetary
Institute (EMI)

DECISION No 9/97

THE COUNCIL OF THE EUROPEAN MONETARY
INSTITUTE,

Having regard to the Treaty establishing the European
Community and in particular Article 109f thereof,

Having regard to the Statute of the EMI and in particular
Article 9 thereof,

Whereas the declaration on the right of access to informa-
tion annexed to the final act of the Treaty on European
the decision-
Union emphasises that
making process strengthens the democratic nature of the
institutions and the public’s confidence in the administra-
tion;

transparency of

Whereas
issued a
the European Ombudsman has
Decision in the own-initiative inquiry into public access
to documents (1); whereas the recommendations of that
Decision apply to the EMI only in relation to adminis-
trative documents;

Whereas Article 11(1) of the EMI Rules of Procedure
states that the proceedings of the Council and of any
committee or group established by the Council shall be
the Council, acting unanimously,
confidential unless
authorises the President to make the outcome of their
deliberations public;

Whereas Article 11(2) of the EMI Rules of Procedure
provides that all documents drawn up by the EMI shall be
confidential unless the Council of the EMI decides other-
wise;

Whereas this Decision is an additional element in the
EMI’s information and communication policy; whereas
clear rules can promote good administration, by helping
officials deal accurately and promptly with requests from
the public for documents;

Whereas the EMI, before granting access to any docu-
ment containing information obtained from the central
bank of a Member State, will consult this central bank;

Considering it desirable to establish the principles which
will govern access to administrative documents of the
EMI;

Whereas, in accordance with Article 9(5) of the Statute of
the EMI, the President of the EMI is responsible for the
day-to-day management of the EMI;

Whereas the European Councils in Birmingham and
Edinburgh agreed on a number of principles to promote a
Community closer to its citizens;

Whereas this Decision does not constitute a precedent for
the position of the European Central Bank on this matter,

Whereas the European Council
firmed the principle of giving citizens
possible access to information;

in Copenhagen reaf-
the greatest

HAS DECIDED AS FOLLOWS:

Whereas citizens have a legitimate interest in the organ-
isation and functioning of institutions and bodies that are
paid for from public funds;

Whereas Article 10(1) of the Statute of the EMI states that
the proceedings of the Council meetings shall be con-
fidential and that the Council of the EMI may, acting
unanimously, decide to make the outcome of its delibera-
tions public;

(1) 616/PUBAC/F/IJH of 20 December 1996.

Article 1

1.
The public shall have access to EMI administrative
documents according to the provisions of this Decision.

‘EMI administrative document' means any record,
2.
whatever its medium, which contains existing data and
which relates to the actual organisation and functioning
of the EMI.

L 90/44

EN

Official Journal of the European Communities

25. 3. 98

Article 2

Article 5

An application for access to an EMI administrative docu-
ment shall be sent in writing to the EMI (1). The EMI
services shall endeavour to comply with the application. If
the application is not made in a sufficiently precise
manner or does not contain information to enable the
document requested to be identified, the EMI services
shall ask the applicant to complete the application by
providing further details.

Article 3

1. An applicant shall have access to an EMI adminis-
trative document either by consulting it at the premises of
the EMI, or by having a copy sent at the applicant’s own
expense. A reasonable fee for each such access, reflecting
the costs of meeting the request, may be set by the
President.

2.
The EMI services shall endeavour to find a fair solu-
tion to deal with repeated applications by the same appli-
cant for the same administrative document and those
which relate to a large number of or very long adminis-
trative documents.

3. No one who has been given access to an EMI
administrative document in accordance with this Article
may reproduce or circulate the document for commercial
purposes through direct sale without prior authorisation
from the EMI, which may be withheld without
the
requirement to give a reason.

Article 4

The EMI services shall endeavour to deal with the
1.
application within a reasonable period. At
the latest
within one month, the applicant shall be informed in
writing by the Secretary-General of the EMI either that
the application has been approved or that the intention is
to reject it. In the latter case, the applicant shall also be
informed of the grounds for this intention and that the
applicant has one month to make a confirmatory applica-
tion for the position to be reconsidered, failing which the
applicant will be deemed to have withdrawn the original
application.

2.
Failure to reply to an application within one month
of submission shall be equivalent to a rejection, except
where the applicant makes a confirmatory application, as
referred to above, within the following month.

3. A decision on a confirmatory application shall be
taken by the Council of the EMI within one month of its
receipt.

4. Any decision to reject a confirmatory application
shall state the grounds on which it is based. The applicant
shall be notified of the decision in writing as soon as
possible and at the same time be informed of the content
of Articles 109f(9), 138e and 173 of the Treaty estab-
lishing the European Community, relating respectively to
the conditions for referral to the Ombudsman by natural
persons and review by the Court of Justice of the legality
of EMI acts.

5.
Failure to reply within one month of submitting the
confirmatory application shall be equivalent to a rejec-
tion.

Access to an EMI administrative document shall not be
granted where its disclosure could undermine:

Article 6

The President shall take all necessary measures to imple-
ment this Decision.

Article 7

This Decision shall take effect on 3 June 1997.

Done at Frankfurt, 3 June 1997.

For the Council of the EMI

The President

Alexandre LAMFALUSSY

(cid:190) the protection of

the public interest,

in particular
public security, international relations, monetary and
exchange-rate stability, court proceedings, inspections
and investigations,

(cid:190) the protection of the individual and of privacy,
(cid:190) the protection of copyright and of commercial,

banking and industrial secrecy,

(cid:190) the protection of the EMI’s financial interests,
(cid:190) the protection of confidentiality as requested by the
natural or legal person who supplied any of the infor-
mation contained in the document or as required by
the law applicable to that person.

(1) Addressed to the Secretary-General of the European Monetary

Institute, Kaiserstraße 29, D-60311 Frankfurt am Main.