Rules governing public access to European Parliament documents — Bureau decision of 28 November 2001
Date: 2001-12-29
Institutions: European Parliament
Subjects: European Parliament, access to information, document, operation of the Institutions, provision of documents

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EUROPEAN PARLIAMENT

RULES GOVERNING PUBLIC ACCESS TO EUROPEAN PARLIAMENT DOCUMENTS

Bureau decision of 28 November 2001 (1) (2) (3)

(2005/C 289/06)

THE BUREAU,

Having regard to Article 255(2) and (3) of the EC Treaty,

Whereas the measures relating to the operation of the register
of European Parliament documents need to be combined in a
single decision in order to facilitate transparency for citizens,

Having regard to Regulation (EC) No 1049/2001 of the Euro-
pean Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission
documents and,
to Articles 11, 12 and 18
thereof,

in particular,

HEREBY DECIDES:

Having regard to Rules 22(2) and (11), 96(1) and 97 of and to
Annex VII to the Rules of Procedure,

Whereas the general principles governing access to documents
were established, in accordance with Article 255(2) of the EC
Treaty, by Regulation (EC) No 1049/2001 of the European
Parliament and of the Council of 30 May 2001;

Whereas, pursuant to Article 255(3) of the EC Treaty and to
Article 18(1) of Regulation (EC) No 1049/2001, the European
Parliament adapted its Rules of Procedure by Decision of
13 November 2001;

Whereas, pursuant to Rule 97(2), (3) and (4) of the Rules of
Procedure, the Bureau is required to adopt rules establishing a
register of references of documents, to lay down arrangements
for access to and to determine the authorities responsible for
the handling of such documents;

Whereas the Bureau Decisions of 10 July 1997 on public
access to European Parliament documents and of 17 April
1998 on the system of fees to be paid for the issue of docu-
ments were repealed by means of the European Parliament
Decision of 13 November 2001;

TITLE I

REGISTER OF REFERENCES

Article 1

Creation

1.
In application of Article 11(2) of Regulation (EC) No
1049/2001 and of Rule 97(3) of the Rules of Procedure, a
register of references shall be established at the European Parlia-
ment.

The register of references thus created shall include refer-
2.
ences to documents drawn up or received by the European
Parliament after the date on which Regulation (EC) No 1049/
2001 became applicable (4).

3.
These references shall constitute the ‘document's identity
papers’ which include not only the data required by Article
11(2) of Regulation (EC) No 1049/2001 but also, as far as
possible, references which enable the originating authority of
each document, the available languages, the status of the docu-
ment, the category of the document and the place of storage of
the document to be identified.

Article 2

Objectives

Whereas the measures relating to the system of fees for the
issue of documents must be brought into line with the provi-
sions of Article 10 of Regulation (EC) No 1049/2001 in order
to specify the additional costs to be paid by the applicant for
the issue of very large documents;

(1) Published in the OJ C 374 of 29.12.2001, p. 1-6.
(2) Consolidated by the Bureau on 3 May 2004.
(3) As amended by the Bureau on 26 September 2005.

The register of references shall be structured so as to allow:

— use of a uniform reference system,

— direct access to documents, in particular legislative docu-

ments, in electronic form,

(4) i.e. 3 December 2001.

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— identification of documents which cannot be accessed elec-

tronically,

— searches for documents which are not adequately identified

by applicants,

— identification of documents in respect of which public
access is subject to the restrictions laid down in Articles 4
and 9 of Regulation (EC) No 1049/2001,

— recording of confidential documents,

in compliance with
the restrictions laid down in Article 9 of the Regulation
referred to above.

Article 3

Operation

3.
Documents drawn up under the legislative procedure or
for the purposes of parliamentary business shall be entered in
the register as soon as they have been tabled or made public.

4.
the
Other documents which fall within the remit of
administrative services of the European Parliament's Secretariat
shall, as far as possible, be entered in the register of references
immediately upon authorisation by the originating service.

5.
Any document received by the European Parliament from
a third party within the meaning of Article 3 of Regulation
(EC) No 1049/2001 shall be forwarded by the Mail Service to
the Public Register of References Unit, which shall enter it,
unless it is a sensitive document within the meaning of Article
9 of the Regulation referred to above in respect of which
compliance with the time limits prescribed in that article is
mandatory.

The unit responsible for managing the register of references
shall:

Article 5

— monitor the recording of documents drawn up or received

by the European Parliament,

Directly accessible documents

— receive applications for access in written or electronic form
and keep a calendar with a view to ensuring compliance
with the time limit for reply of 15 working days,

1.
All documents drawn up or received by the European
Parliament under the legislative procedure must be accessible to
citizens in electronic form, subject to the restrictions laid down
in Articles 4 and 9 of Regulation (EC) No 1049/2001.

— send out acknowledgements of receipt,

— assist applicants with clarifying the substance of their appli-

cations,

— assist

applicants with access

to documents

already

published,

— forward applications for access to the relevant service or
authorised person when the application relates to a docu-
ment not recorded in the register or a document subject to
the restrictions laid down in Articles 4 and 9 of Regulation
(EC) No 1049/2001,

— negotiate with applicants where applications relate to very

long or complex documents.

Article 4

Recording of documents

2.
In this connection, the European Parliament shall make
all legislative documents accessible through the register so as to
enable citizens to have access to the full texts of documents.

3.
The European Parliament shall make this register electro-
nically accessible on the Europarl website and provide on-line
assistance to citizens concerning arrangements for the submis-
sion of applications for access to documents.

4.
Other documents, in particular documents relating to the
drafting of policy or strategy, shall, as far as possible, be made
directly accessible.

The categories of documents that are directly accessible
5.
shall be set out in a list adopted by the European Parliament
and annexed to its Rules of Procedure. Documents not included
on that list shall be accessible on written request.

1.
Any document drawn up by the European Parliament
shall be entered in the register of references as soon as possible.
implementing
The Secretary-General shall adopt the internal
measures required to ensure that all documents drawn up by
the European Parliament are recorded.

Article 6

Documents accessible on request

European Parliament documents as defined by Rule 97(2)
2.
of
the European Parliament's Rules of Procedure shall be
recorded in the register of references under the responsibility of
the body or service which is the originator of the document.

1.
Documents drawn up or received by the European Parlia-
ment outside the legislative procedure shall, as far as possible,
be directly accessible to citizens through the register, subject to
the restrictions laid down in Articles 4 and 9 of Regulation
(EC) No 1049/2001.

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2. Where entry of a document in the register of references
does not permit direct access to the full text, either because the
document is not available in electronic form or because the
exceptions provided for in Articles 4 and 9 of Regulation (EC)
No 1049/2001 are applicable, the applicant may apply for
access to the document in writing or using the electronic form
available on the Europarl website. The European Parliament
may either grant access to the document or give the reasons
for its total or partial refusal in writing.

3.
Documents drawn up or received by the European Parlia-
ment before the entry into force of Regulation (EC) No
1049/2001 and therefore not available in the register of refer-
ences shall be accessible on written request, subject to the
restrictions laid down in Articles 4 and 9 of the Regulation
referred to above.

Article 7

Storage of documents

1.
All documents shall be saved in the archives of the data-
base of the register of references. This database shall include all
the documents drawn up by the European Parliament. A copy
of the data and documents shall be forwarded to the European
Parliament's historical archives (CARDOC).

2.
Until the database responsible for archiving documents to
be entered in the register is operational, the service responsible
for the register shall use the European Parliament's existing
systems and databases and confine itself to establishing links
with the latter in order to extract the necessary data and make
the full texts of documents accessible.

TITLE II

INITIAL APPLICATIONS

Article 8

Submission of the initial application

1.
Applications for access to a European Parliament docu-
ment may be made in writing or in electronic form in one of
the languages listed in Article 314 of the EC Treaty.

2.
Applications must be made in a sufficiently precise
manner and include the name and address of the applicant and
information enabling the document or documents requested to
be identified.

3.
If an application is not sufficiently precise, the European
Parliament shall ask the applicant to clarify it and shall assist
him or her to do so.

The applicant shall not be obliged to state reasons for the

4.
application.

Article 9

Processing of written applications

1.
Applications for access to a document held by the Euro-
pean Parliament shall be sent, on the same day as it is regis-
tered, by the Mail Service to the unit responsible for managing
the register of references, which must acknowledge receipt of
the application, draft a reply and deliver the document within
the prescribed time limit.

2. Where the application relates to a document drawn up by
the European Parliament to which one of the exceptions laid
down in Article 4 of Regulation (EC) No 1049/2001 is applic-
able, the unit responsible for the register of references shall
contact the service or body that is the originator of the docu-
ment, which shall suggest the course of action to be taken
within five working days.

3. Where any doubt as to disclosure concerns documents
from third parties, the European Parliament shall consult the
latter, giving them five working days in which to make their
position known, with a view to assessing whether one of the
exceptions laid down in Articles 4 or 9 of Regulation (EC) No
1049/2001 is applicable.

4. Where the application for access submitted to the Euro-
pean Parliament concerns a document which has not yet been
made public by the originating institution, the European Parlia-
ment shall give the institution responsible for the document
five working days
in which to express any reservations
regarding disclosure of the document.

If no reply is received within five working days, the Euro-

5.
pean Parliament shall continue the procedure.

Article 10

Processing of applications in electronic form

Applications

1.
form shall be
submitted in electronic
forwarded to the address indicated on the European Parlia-
ment's website, as far as possible using the electronic form
provided and the on-line help system created to facilitate the
submission of applications of this kind.

Applications in electronic form sent

2.
to the European
Parliament's Europarl website shall be forwarded automatically
references for
responsible for
to the unit
recording and further action.

the register of

3.
Applications received in electronic form and including all
the necessary information required by Article 8 of this Decision
shall automatically trigger dispatch of an acknowledgement of
receipt to the applicant.

The procedures laid down in Articles 9(2) et seq. of this
4.
Decision for the processing of initial applications submitted in
writing shall also apply to applications submitted in electronic
form.

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Article 11

Deadline for reply

1. Within a period of 15 working days from the registration
of the application, the unit responsible for the register of refer-
ences shall grant access to the requested document and shall
supply it within the same period.

2. Where the European Parliament is unable to grant access
it shall notify the applicant in
to the requested document,
writing of the grounds for its total or partial refusal and inform
the applicant of his or her right to submit a confirmatory appli-
cation.

3.
In that event, the applicant shall have 15 working days
from receipt of the reply in which to submit a confirmatory
application.

4.
In exceptional cases, where an application relates to a
very long document or a large number of documents, the
period laid down in paragraph 1 of
this article may be
extended by 15 working days, provided that the applicant is
notified in advance and that detailed reasons are given.

5.
Failure by the European Parliament to reply within the
prescribed time limit shall entitle the applicant to submit a
confirmatory application.

6.
The period of 15 working days laid down in Article 7 of
Regulation (EC) No 1049/2001 shall begin on the date of regis-
tration of the initial application.

Article 12

Competent authority

Initial applications submitted to the European Parliament
1.
shall be handled by the Secretary-General under the authority
of the President and the Vice-President responsible for supervi-
sion of the handling of applications for access to documents, as
provided for by Rule 97(6) of the European Parliament's Rules
of Procedure.

Favourable

2.
shall be
to initial
forwarded to the applicant by the Secretary-General himself or
by his delegate.

applications

replies

3.
Refusal of an initial application, with a statement of the
reasons, shall be determined by the Secretary-General on a
proposal from the Public Register of References Unit and after
consultation of the document. Any decision to deny access
shall be forwarded to the Vice-President responsible for trans-
parency, for information.

4.
The Secretary-General, or his or her delegate, may, at any
time, refer an application to the Legal Service and/or the officer
responsible for data protection.

TITLE III

CONFIRMATORY APPLICATIONS

Article 13

Submission

1.
Confirmatory applications may be submitted to the Euro-
pean Parliament in written or in electronic form either within
15 working days of receipt of a total or partial refusal of access
to the document requested or in the absence of any reply to
the initial application.

2.
Confirmatory applications must be submitted in accord-
ance with the formal requirements laid down in Article 8 of
this Decision.

Article 14

Processing

1.
Confirmatory applications shall be registered in accord-
ance with the arrangements laid down in Articles 9(1) and
10(2) of this Decision for applications in written or in elec-
tronic form.

2.
The Public Register of References Unit shall forward an
acknowledgement of receipt to the applicant and shall initiate
the procedures laid down in Articles 9 and 10 of this Decision,
with a view to preparing the European Parliament's reply.

3. Within 15 working days of registration of the application,
the European Parliament shall either grant access to the docu-
ment or notify the applicant in writing of the reasons for its
total or partial refusal.

In exceptional cases, where an application relates to a
4.
very long document or a large number of documents, the
period laid down in the previous paragraph may be extended
by 15 working days, provided that the applicant is notified in
advance and that detailed reasons are given.

Article 15

Competent authority

1.
The reply to confirmatory applications shall be a matter
for the Bureau of the European Parliament. The Vice-President
responsible for transparency shall take a decision on confirma-
its
tory applications on behalf of
authority.

the Bureau and under

2.
The Vice-President concerned shall inform the Bureau of
his or her decision at the first meeting of the Bureau which
follows the taking of the decision and notification thereof to
the applicant. Should he or she deem it necessary, and within
the time-limits laid down, the Vice-President may refer his or
her draft decision to the Bureau, in particular if the reply might
involve matters of principle relating to the European Parlia-
ment's policy of transparency. In his or her reply to the appli-
cant, the Vice-President shall be bound by the decision of the
Bureau.

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3.
The Vice-President and the Bureau shall take a decision
on the basis of the proposal drawn up by the Public Register of
References Unit by way of delegation from the Secretary-
General. The Public Register of References Unit shall be entitled
to seek the opinion of the Legal Service and/or the officer
responsible for data protection, both of whom shall deliver
their opinions within three working days.

Article 16

Remedies

1. Where the European Parliament totally or partially refuses
to grant access to a document, it shall inform the applicant of
instituting court
the remedies open to him or her, namely:
proceedings
submitting a
complaint to the Ombudsman, under the conditions laid down
in Articles 230 and 195 of the EC Treaty.

Institution and/or

against

the

Failure to reply within the prescribed time limit shall be
2.
regarded as a negative response and entitle the applicant to
bring an action or submit a complaint under the conditions set
out in the previous paragraph.

TITLE IV

RECORDING OF, AND ACCESS TO, SENSITIVE DOCUMENTS

Article 17

Recording of sensitive documents

1.
Recording of documents classified as sensitive within the
meaning of Article 9 of Regulation (EC) No 1049/2001
received from the Institutions, agencies, Member States, non-
member countries or
shall be
subject to prior agreement of the originating authority.

international organisations

The originating authority of a document classified as
2.
sensitive shall forward the document directly to the President
of the European Parliament via the channel best suited to
ensuring the confidentiality of the contents of the document.

Any forwarding of a sensitive document must be accom-
3.
panied by a statement of
the originating
authority concerning authorisation for recording and disclosure
of the document.

the position of

4. Where the originating authority agrees that such a docu-
ment may be recorded in the European Parliament's register of
references, the President shall determine which references may
appear in the register of references. The President shall consult
the Vice-President responsible for supervision of the handling
of applications for access to documents, the Secretary-General
or, where
committee
concerned.

chairman of

appropriate,

the

the

be recorded and released only with the authorisation of the
President. The references assigned to such a document shall be
determined under the conditions set out in the previous para-
graph.

6. Where one of the institutions expresses doubts as to the
confidential nature of documents received by the European
Parliament, the matter shall be referred to the interinstitutional
committee established under Article 15(2) of Regulation (EC)
No 1049/2001.

Article 18

Processing of applications for access

1.
Applications for access to a sensitive document within
the meaning of Article 9 of Regulation (EC) No 1049/2001
submitted in written or in electronic form shall be registered in
accordance with the arrangements laid down in Article 9(1) or
Article 10(2) of this Decision.

forward applications

The Secretary-General

2.
for
shall
access to sensitive documents to the President. The reply to an
application, at either the initial application or confirmatory
application stage, shall be a matter for the Bureau, which may
delegate it to the President, pursuant to Rule 22(10) of the
European Parliament's Rules of Procedure. In such cases, the
President shall consult the Vice-President responsible for super-
vision of the handling of applications for access to documents,
the Secretary-General or, where appropriate, the chairman of
the committee concerned.

The period of 15 working days laid down in Articles 7
3.
and 8 of Regulation (EC) No 1049/2001 shall begin on the
date of registration of the initial or confirmatory application.

Article 19

Authorised persons

The persons authorised to read sensitive documents shall be:
the President of the European Parliament, the Vice-President
responsible for supervision of the handling of applications for
access to documents, the chairman of the committee directly
concerned and the Secretary-General, unless agreements with
the other institutions provide for special authorisation.

Article 20

Protection of sensitive documents

Sensitive documents within the meaning of Article 9 of
1.
Regulation (EC) No 1049/2001 shall be subject
to strict
security rules so as to ensure their confidential handling in the
European Parliament.

5.
Any document drawn up by the European Parliament
referring to a document classified as sensitive within the
meaning of Article 9 of Regulation (EC) No 1049/2001 shall

In this connection,

2.
the Secretary-General shall submit
draft rules to the Bureau, taking account of contacts and agree-
ments established with the Commission and the Council.

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3.
The proposal adopted by the Bureau shall be submitted
to the House for approval, and the text thus adopted shall be
annexed to the European Parliament's Rules of Procedure.

TITLE V

ISSUE OF DOCUMENTS

Article 21

Issue

Documents shall be supplied in the form of a paper copy

1.
or in electronic format, whichever the applicant prefers.

2.
If a document has already been released by the European
Parliament or by another institution and is easily accessible, the
European Parliament may grant access to the document by
informing the
applicant how to obtain the document
requested.

Article 22

Cost of the reply

1.
The cost of producing and sending copies may be
charged to the applicant. This charge may not exceed the real
cost of the operation.

On-the-spot consultation, copies of less than twenty A4
2.
pages and direct access in electronic form or through the
register shall be free of charge.

Article 23

Applications for very large documents

The issuing of documents exceeding twenty A4 pages

1.
shall be subject to a fee of EUR 10, plus EUR 0,030 per page.

This fee may be revised by a decision of the European

2.
Parliament's Bureau on a proposal from the Secretary-General.

3.
Fees for other means of transmission shall be determined
by the Secretary-General but may not exceed the real cost of
the operation.

In the event of

4.
successive applications
repeated or
concerning very long documents or a large number of docu-
ments, the European Parliament may negotiate informally with
the applicant with a view to reaching an appropriate agree-
ment.

Published documents are not covered by this Decision

5.
and shall continue to be subject to their own pricing system.

Article 24

Additional translation costs

Where translation into a language other than those available is
requested by the applicant, the existing freelance rates applied
by the European Parliament to external translations shall apply.

TITLE VI

APPLICATION

Article 25

Application

This Decision shall apply with due regard for and without
prejudice to the provisions of Regulation (EC) No 1049/2001
and of the European Parliament's Rules of Procedure.

Article 26

Review

This Decision shall be reviewed two years after its entry into
force. To this end, the Secretary-General of the European Parlia-
ment shall submit a report on the implementation of this Deci-
sion.

Article 27

Entry into force

This Decision shall enter into force on the date of its publica-
tion in the Official Journal of the European Union (1). The register
of references established by this Decision shall become opera-
tional on 3 June 2002.

(1) i.e. 29 December 2001.