WRITTEN QUESTION E-2846/00 by Bart Staes (Verts/ALE) to the Council. Access to EU documents.
Date: 2000-09-08
Institutions: European Parliament, Provisional data
Subjects: Council of the European Union, EC Decision, EU publication, European official, access to information, code of conduct, codecision procedure, consultation of information, proposal (EU), right to information

18.4.2001

EN

Official Journal of the European Communities

C 113 E/193

One of the topics currently being discussed at the Intergovernmental Conference on the reform of the
institutions, which was convened in February 2000, pursuant to Article 48 EU, and is due to complete its
work at the Nice European Council on 7 and 8 December 2000, is the composition of Parliament with a
view to the enlargement of the Union. Several possible ways are being explored of reducing the number of
MEPs elected in the present Member States in order to ensure that the ceiling of 700 is observed after
enlargement. The Conference is not considering any reduction in the ceiling of 700. Parliament itself
adopted a position on this question in its resolution of 13 April 2000 (A5/0086/00).

(2001/C 113 E/205)

WRITTEN QUESTION E-2846/00

by Bart Staes (Verts/ALE) to the Council

(8 September 2000)

Subject: Access to EU documents

During the summer months a working party of senior Coreper officials drew up a proposal for a drastic
reduction in the accessibility of EU documents. Yet the Treaty of Amsterdam expressly provides for the
right of access to such documents.

The working party wants to use the written procedure to enshrine this proposal in a binding text. This will
exclude the European Parliament, the Commission and the Council from September.

Only the representatives of the Netherlands, Sweden and Finland have opposed the curtailing of the right
of access. The other Coreper representatives appear to believe that the Commission proposal (cid:129) a code of
conduct via the codecision procedure (cid:129) does not reflect their personal views on access to EU documents.

1.
Does the Council subscribe to the proposal concerning access to EU documents as drawn up by a
working party of senior Coreper officials? If not, will the Council appeal against the proposal in question?

Does the Council believe that the proposal concerning access to EU documents as drawn up by a
2.
working party of senior Coreper officials undermines the Commission proposal, i.e. a code of conduct via
the codecision procedure? If so, what action will the Council take to ensure that the Commission proposal
is the official guideline for access to EU documents?

Does the Council think the proposal by the Coreper officials is an infringement of the provision in
3.
the Treaty of Amsterdam on access to EU documents? If so, in what way will the Council challenge this
infringement of the provisions of the Treaty?

Reply

(30 November 2000)

Decision 2000/527/EC, to which the Honourable Member refers, was adopted by the Council on

1.
14 August 2000 and published in the Official Journal on 23 August 2000 (1).

2.
On the basis of Article 207 alone, the Council may adopt conditions for access to its documents.
Having said that, it is clear that Council rules on the subject will have to comply with the Regulation based
on Article 255, once that has been adopted.

The Council considers that it was within its powers to take Decision 2000/527/EC, without there

3.
being any contradiction or incompatibility with the provisions of the Treaty.

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