2001/320/EC: Council Decision of 9 April 2001 on making certain categories of Council documents available to the public
Date: 2001-04-09
Institutions: Council of the European Union
Subjects: Council of the European Union, access to information, administrative formalities, document, legislation, right to information

20.4.2001

EN

Official Journal of the European Communities

L 111/29

COUNCIL DECISION

of 9 April 2001

on making certain categories of Council documents available to the public

(2001/320/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 207(3) thereof,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

Transparency is an essential principle for the functioning
of the institutions of the Community. Public access to
documents is one of
the instruments to apply this
principle.

In accordance with Article 207(3) of the Treaty, greater
public access to documents relating to the Council's
legislative activities should be allowed.

The third report by the Secretary-General of the Council
on the implementation of Council Decision 93/731/EC
of 20 December 1993 on public access to Council docu-
ments (1) shows a substantial increase in the number of
to documents. The report also
requests
demonstrates that the public register of Council docu-
ments available via the Internet is a valuable tool with a
view to identifying and facilitating access to Council
documents.

for access

In order further to increase transparency of the Council's
activities, as many Council documents as possible should
be made available to the public via the Internet. As
requested by the Council, the said third report contains
suggestions to that effect.

the application of
This Decision prejudges neither
act
Decision 93/731/EC nor
concerning the general principles and limits governing
the right of access to documents which has to be
adopted pursuant to Article 255(2) of the Treaty,

content of

the

the

HAS DECIDED AS FOLLOWS:

Article 1

A Member State may request the General Secretariat not
2.
to make available to the public under this Decision a document
originating from that State without its prior agreement.

Article 2

Definitions

For the purpose of this Decision:

— ‘legislative document’ shall mean any document concerning
the examination and adoption of a legislative act within the
meaning of Article 7 of the Council's Rules of Procedure,

— ‘circulation’ shall mean distribution of the final version of a
document to the members of the Council, their representa-
tives or delegates.

Article 3

General rules

1.
The General Secretariat shall make the following docu-
ments available to the public as soon as they have been circu-
lated:

(a) documents of which neither the Council nor a Member
State is the author, which have been made public by their
author or with his agreement;

(b) provisional agenda of meetings of the Council in its various

formations;

(c) any text adopted by the Council and intended to be
published in the Official Journal of the European Communities.

2.
Provided that they are clearly not covered by any of the
exceptions laid down in Article 4 of Decision 93/731/EC, the
General Secretariat may also make the following documents
available to the public as soon as they have been circulated:

Scope and general provisions

(a) provisional agenda of committees and working parties;

This Decision shall apply to all Council documents,

1.
provided that they are not classified.

(1) OJ L 340, 31.12.1993, p. 43. Decision as last amended by Decision

2000/527/EC (OJ L 212, 23.8.2000, p. 9).

(b) information notes, reports, progress reports and reports on
the state of discussions in the Council or one of its prepara-
tory bodies which do not reflect individual positions of
delegations, excluding Legal Service opinions and contribu-
tions.

L 111/30

EN

Official Journal of the European Communities

20.4.2001

Article 4

Specific rules for legislative documents

The General Secretariat shall make the following legisla-
1.
tive documents available to the public,
in addition to the
documents referred to in Article 3, as soon as they have been
circulated:

(a) cover notes and copies of letters concerning legislative acts
addressed to the Council by other institutions or bodies of
to Article 1(2), by a
the European Union or, subject
Member State;

(b) notes submitted to Coreper and/or to the Council

for
approval (‘I/A’ and ‘A’ Item Notes), as well as the draft
legislative acts to which they refer;

(c) decisions adopted by the Council during the procedure
referred to in Article 251 of the Treaty and joint texts
approved by the Conciliation Committee.

2.
After adoption of one of the decisions referred to in
paragraph 1(c) or final adoption of the act concerned, the
General Secretariat shall make available to the public any legis-
lative documents relating to this act which were drawn up
before this decision and which are not covered by any of the
exceptions laid down in Article 4(1) of Decision 93/731/EC,

reports, progress reports and
such as information notes,
reports on the state of discussions in the Council or in one of
its preparatory bodies (‘outcomes of proceedings’), excluding
Legal Service opinions and contributions.

the request of a Member State, documents which are
At
covered by the preceding subparagraph and reflect the indi-
vidual position of that Member State in the Council, shall not
be made available to the public under this Decision.

Article 5

Final provisions

This Decision shall be published in the Official Journal of the
European Communities.

It shall take effect on 1 May 2001.

Done at Luxembourg, 9 April 2001.

For the Council

The President

A. LINDH