Amended proposal for a Council Regulation amending Regulation (EEC, Euratom) No 354/83 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community
Date: 2003-04-30
Institutions: European Commission
Subjects: EAEC, European Community, access to EU information

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.04.2003
COM(2003) 244 final

2002/0203 (CNS)

Amended proposal for a

COUNCIL REGULATION

amending Regulation (EEC, Euratom) No 354/83 concerning the opening to the public
of the historical archives of the European Economic Community and the European
Atomic Energy Community

(presented by the Commission)

 
EXPLANATORY MEMORANDUM

On 19 August 2002 the Commission presented a proposal for a Council Regulation amending
Regulation (EEC, Euratom) No 354/83 concerning the opening to the public of the historical
archives  of  the  European  Economic  Community  and  the  European  Atomic  Energy
Community1.

At its part-session of 11 March 2003 the European Parliament adopted a legislative resolution
approving an amended version of the Commission proposal2.

The  Commission  has  decided  to  accept  a  large  proportion  of  the  amendments  proposed  by
Parliament and accordingly presents an amended proposal.

1

2

COM(2002) 462 final, 2002/0203 (CNS).
Report submitted by Mr Oreja, PE 319.253.

2

                                                
2002/0203 (CNS)

Amended proposal for a

COUNCIL REGULATION

amending Regulation (EEC, Euratom) No 354/83 concerning the opening to the public
of the historical archives of the European Economic Community and the European
Atomic Energy Community

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 308 thereof,

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in
particular Article 203 thereof, 

Having regard to the proposal from the Commission,3

Having regard to the opinion of the European Parliament,4

Whereas: 

(1)

(2)

(3)

(4)

3

4

5

6

Article  255 of the Treaty establishing the  European  Community  gives  any  citizen  of
the Union and any natural or legal person residing or having its registered office in a
Member  State  a  right  of  access  to  European  Parliament,  Council  and  Commission
documents.

The  general  principles  and  the  limits  governing  the  public's  right  of  access  to
documents  of  the  European  Parliament,  the  Council  and  the  Commission  were  laid
down in European Parliament and Council Regulation (EC) No 1049/2001.5

The  exceptions  to  public  right  of  access  provided  for  in  Regulation  (EC)
No 1049/2001 are applicable for a maximum period of thirty years, irrespective of the
place where the documents are stored. The exceptions relating to protection of privacy
or  commercial  interests  and  the  specific  provisions  on  sensitive  documents  may,
however, apply beyond that period if necessary.

Council Regulation  (EEC, Euratom)  No  354/836 provides  that  the  public  will  not  be
given access to certain categories of documents thirty years after the documents were
created. Pursuant to Article 18(2) of Regulation (EC) No 1049/2001, it is necessary to
bring these exceptions into line with the exceptions to right of access provided for in
Regulation . 

OJ L 
OJ L
OJ L 145, 31.5.2001, p. 43.
OJ L 43, 15.2.1983, p. 1.

3

                                                
(5)

For  the  purposes  of  Regulation  (EEC,  Euratom)  No 345/83,  the  European  Economic
and Social Committee, the Committee of the Regions and similar agencies and bodies
set up by the Community legislature should henceforth be treated in the same way as
the  institutions  referred  to  in  Article  7(1)  of  the  Treaty  establishing  the  European
Community.

(6)

Regulation No 354/83 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC, Euratom) No 354/83 is amended as follows: 

1)

Paragraph 1 of Article 1 is replaced by the following: 

"1.  This  Regulation  seeks  to  ensure  that  documents  of  historical  or  administrative
value are preserved and made available to the public wherever possible. To that end,
each    institution  of  the  European  Community  and  of  the  European  Atomic  Energy
Community  (hereinafter  referred  to  as  'the  institutions')  shall  establish  historical
archives  and  open  them  to  the  public  on  the  terms  provided  for  by  this  Regulation
after the expiry of a period of thirty years starting from the date of the creation of the
document.  This  Regulation  shall  apply  to  the  European  Economic  and  Social
Committee, the Committee of the Regions and similar agencies and bodies set up by
the Community legislature."

Article 1(3) is replaced by the following : 

"All  documents  available  to  the  public  before  expiry  of  the  period  in  paragraph  1
shall remain available without restriction."

2)

Articles 2 and 3 are replaced by the following:

"Article 2

1.  In  the  case  of  documents  covered  by  the  exception  relating  to  privacy  and  the
integrity  of  the  individual,  as  defined  in  Article  4(1)(b)  of  Regulation  (EC)  No
1049/2001,    and  that  relating  to  the  business  interests  of  an  individual  or  firm,
including  intellectual  property,  as  defined  in  the  first  indent  of  Article  4(2)  of
Regulation No  1049/2001,  the  exceptions  may  continue  to  apply  to  all  or  part  of  a
document after this period if the relevant conditions for their application are satisfied.

2. Documents containing information on the private or professional life of individual
persons,  as  defined  in  Article  4(1)(b)  of  Regulation  (EC)  No  1049/2001,  including
files  of  staff  of  the  European  Communities,  shall  be  disclosed  in  accordance  with
Regulation  (EC)  No 45/2001  on  the  protection  of  individuals  with  regard  to  the
processing  of  personal  data  by  the  Community  institutions  and  bodies,  and  in
particular Articles 4 and 5 thereof.

3.  Before  deciding  to  make  available  to  the  public  documents  which,  if  disclosed,
could harm the commercial interests of a firm or individual, including those relating
to  intellectual  property,  as  defined  in  the  first  indent  of  Article  4(2)  of  Regulation

4

(EC) No 1049/2001, the institution shall inform the firm or the person concerned, in
accordance with the rules to be defined by each institution, of its intention to make
the  documents  in  question  accessible  to  the  public.  The  documents  shall  not  be
released  if,  taking  account  of  the  observations  of  the  third  parties,  the  institution
considers  that  their  disclosure  could  jeopardise  such  commercial  interests,  unless
there is an overriding public interest in disclosure.

4.  Sensitive  documents  within  the  meaning  of  Article  9  of  Regulation  (EC)
No 1049/2001 shall be accessible within the limits laid down in that Article.

"Article 3

The  public  shall  not  have  access  to  documents  that  have  been  classified  in
accordance  with  Article 10  of  Council  Regulation  No  3  of  31 July 1958
implementing  Article 24  of  the  Treaty  establishing  the  European  Atomic  Energy
Community,7 and have not been declassified."

3)

4)

Article 4 is deleted.

Article 6 is replaced by the following:

"Article 6

Where  a  Member State  receives  a  request  for  a  document  in  its  possession,
originating from an institution, unless it is clear that the document must or must not
be disclosed, the Member State shall consult with the institution concerned in order
to  take  a  decision  that  does  not  jeopardise  the  attainment  of  the  objectives  of  this
Regulation.

The Member State may instead refer the request to the institution."

5)

Article 9 is amended as follows : 

1. Each institution may adopt, at  internal level, detailed rules for the application of
this  Regulation.  Wherever  possible,  the  institutions  shall  make  their  archives
available  to  the  public  by  electronic  means.  They  shall  also  conserve  documents
which are available in forms meeting special needs (Braille, large text or recordings).

2.  Each  institution  shall  publish  information  annually  on  its  historical  archiving
activities.

7

OJ No 17, 6.10.1958, p. 406.

5

                                                
Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 

For the Council
The President

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