2000/527/EC: Council Decision of 14 August 2000 amending Decision 93/731/EC on public access to Council documents and Council Decision 2000/23/EC on the improvement of information on the Council's legislative activities and the public register of Council documents
Date: 2000-08-14
Institutions: Council of the European Union
Subjects: Council of the European Union, access to information, administrative formalities, right to information

23.8.2000

EN

Official Journal of the European Communities

L 212/9

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 14 August 2000

amending Decision 93/731/EC on public access to Council documents and Council Decision
2000/23/EC on the improvement of information on the Council's legislative activities and the
public register of Council documents

(2000/527/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Union,
and in particular Article 207 thereof,

of the rules on public access to Council documents until
such time as they are declassified, or declassified in
referred to in recital 2
accordance with the rules
concerning classification of documents.

Having regard to its Rules of Procedure, and in particular
Article 10 thereof,

(4)

Whereas:

(1)

(2)

(3)

The European Council, meeting in Helsinki in December
1999, provided political impetus for the development of
the European Union's means for military and non-mili-
tary crisis management within the framework of a
strengthened European security and defence policy.

In this context, the Council must introduce rules guaran-
teeing effective protection of documents concerning
these matters disclosure of which could harm the essen-
tial
interests of the Union or of one or more of its
Member States. For this reason, under the Decision of
the Secretary-General of the Council/High Representative
for Common Foreign and Security Policy of 27 July
2000 on measures for the protection of classified infor-
mation applicable to the General Secretariat of
the
Council (1), such documents must be classified as TRÈS
SECRET/TOP SECRET or SECRET or CONFIDENTIEL.

The seriousness of the consequences of disclosure of
such documents,
in particular with regard to the
prospective development of the new strengthened Euro-
pean security and defence policy, and the necessary
confidence which those involved must be able to have at
a crucial moment in the development of this policy,
justify the exclusion of such documents from the scope

(1) OJ C 239, 23.8.2000, p. 1.

The exchange of information in the particularly sensitive
areas referred to in recital 1, which is one of the features
of the development of this new policy, will work only if
the originator of such information can be confident that
no information put out by him will be disclosed against
is therefore necessary to provide that a
It
his will.
Council document
from which conclusions may be
drawn regarding the content of classified information
put out by a natural or legal person, a Member State,
another Community institution or body or any other
national or international body may be made available to
the public only with the prior written consent of the
author of the information in question.

(5) With the same objective of reinforcing protection of the
confidentiality of information when scrutinising docu-
ments to which access has been requested, it should be
provided that measures are taken to ensure compliance
with the principle that access to classified documents
must be reserved for those persons who are authorised
to take cognisance thereof.

(6)

Since the security and defence of the Union or of one or
more of its Member States or military and non-military
represent public interests which
crisis management
this
intended to protect,
Decision 93/731/EC (2)
should be specifically mentioned among the reasons
justifying refusal of access to a document,

is

(2) OJ L 340, 31.12.1993, p. 43. Decision amended by Decision 96/

705/Euratom, ECSC, EC (OJ L 325, 14.12.1996, p. 19).

L 212/10

EN

Official Journal of the European Communities

23.8.2000

HAS DECIDED AS FOLLOWS:

Article 1

The provisions of Decision 93/731/EC is hereby amended as
follows:

1. Article 1(1) shall be replaced by the following:

The public shall have access to Council documents,
‘1.
for documents classified as TRÈS SECRET/TOP
except
SECRET, SECRET or CONFIDENTIEL within the meaning of
the Decision of the Secretary-General of the Council/High
Representative for Common Foreign and Security Policy of
27 July 2000 on measures for the protection of classified
information applicable to the General Secretariat of the
Council, on 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, under
the
conditions laid down in this Decision.

Where a request for access refers to a classified document
within the meaning of the first subparagraph, the applicant
shall be informed that the document does not fall within the
scope of this Decision.’

2. The following paragraph shall be added to Article 2:

‘3. Without prejudice to Article 1(1), no Council docu-
ment on matters concerning the security and defence of the
its Member States or on
Union or of one or more of
military or non-military crisis management which enables
conclusions to be drawn regarding the content of classified
information from one of the sources referred to in para-
graph 2 may be made available to the public except with
the prior written consent of the author of the information
in question.

Where access to a document is refused pursuant to this
paragraph, the applicant shall be informed thereof.’

3. Article 3(1) shall be replaced by the following:

‘1.
The applicant shall have access to a Council docu-
ment either by consulting it on the spot or by having a
copy sent at his own expense. The fee shall be set by the
Secretary-General/High Representative for Common Foreign
and Security Policy (hereinafter referred to as the “Secretary-
General”).’

4. The first indent of Article 4(1) shall be replaced by the

following:

‘— the protection of the public interest (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),’

5. The following sentence shall be added at the end of Article

5:

‘The Permanent Representatives Committee shall see to it
that the necessary measures are taken to ensure that the
preparation of
is entrusted to persons
authorised to take cognisance of the documents concerned.’

such decisions

6. In Article 7(3), the references to Articles 138e and 173 of
the Treaty establishing the European Community shall be
replaced by references to Articles 195 and 230 of the Treaty
establishing the European Community.

7. The following sentence shall be added at the end of Article

7(5):

‘The extension may be for two months where it is necessary
to consult a source other than the Council, as provided in
Article 2(3).’

Article 2

Decision 2000/23/EC (1) is hereby amended as follows:

1. The following shall be added as the second subparagraph of

Article 2:

‘The public register of Council documents contains no refer-
ence to documents classified TRÈS SECRET/TOP SECRET or
SECRET or CONFIDENTIEL within the meaning of
the
the Council/High
the Secretary-General of
Decision of
Representative for Common Foreign and Security Policy of
27 July 2000 on measures for the protection of classified
information applicable to the General Secretariat of the
Council, on 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.’

2. The first
following:

indent of Article 2 shall be replaced by the

‘— the protection of the public interest (public security, the
security and defence of the Union or one of its Member
States, military or non-military crisis management,
international
court
proceedings,

inspections and investigations),’

relations, monetary-stability,

Article 3

The Secretary-General of the Council shall take necessary meas-
ures to ensure the implementation of this Decision.

Article 4

This Decision shall take effect as from the day of its publication
in the Official Journal of the European Communities.

Done at Brussels, 14 August 2000.

For the Council

The President

H. VÉDRINE

(1) OJ L 9, 13.1.2000, p. 22.