2005/3/: Decision of the Standing Committee of the EFTA States No 3/2005/SC of  9 June 2005  on public access to EFTA documents and repealing Decision No 2/2002/SC of the Standing Committee of the EFTA States of  30 May 2002
Date: 2005-06-09
Institutions: Standing Committee of the EFTA States
Subjects: EFTA, access to information, official document, provision of documents

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Official Journal of the European Union

6.4.2006

DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES

No 3/2005/SC

of 9 June 2005

on public access to EFTA documents and repealing Decision No 2/2002/SC of the Standing
Committee of the EFTA States of 30 May 2002

THE STANDING COMMITTEE OF THE EFTA STATES,

(b) privacy and the integrity of the individual, in particular in
law of the EFTA

accordance with the applicable national
States regarding the protection of personal data;

Having regard to Decision of the Standing Committee of the
EFTA States No 2/2002/SC of 30 May 2002 on Public Access
to Documents which is hereby repealed,

Recognising the public interest of open access to documents
within a clearly defined legal framework, taking into account
applicable national laws,

Having regard to the fact
access
applied to the greatest extent possible,

to documents,

that, when handling requests for
shall be

the principle of openness

HAS DECIDED AS FOLLOWS:

Article 1

The EFTA Secretariat shall make available to the public by
placement on its website the documents listed in the Annex
to this Decision.

Article 2

1.
Any person may request access to EEA related documents
(hereinafter referred to as ‘documents’) drawn up or received by
the EFTA Secretariat which are in the EFTA Secretariat’s
possession.

Access to a document shall be refused where disclosure

2.
would undermine the protection of:

(a) commercial interests of a natural or legal person, including

intellectual property,

(b) court proceedings and legal advice,

(c)

the purpose of inspections, investigations and audits.

3.
Access to a document, drawn up for internal use, which
relates to a matter where the decision has not been taken, shall
be refused if disclosure of the document would undermine the
decision-making process.

Access to a document containing opinions for internal use
4.
as part of deliberations and preliminary consultations shall be
refused even after the decision has been taken if disclosure of
the document would undermine the decision-making process.

Access

to a document
2.
limitations in the following Articles apply.

shall be granted unless

the

Article 3

Access to a document shall be refused where disclosure

1.
would undermine the protection of:

5.
As regards third-party documents transmitted to the EFTA
Secretariat, the EFTA Secretariat shall consult the third party
with a view to assessing whether an exception in paragraph 1
or 2 is applicable, unless it is clear that the document shall or
shall not be disclosed.

(a)

the public interest as regards: public security, defence and
military matters,
financial,
the
monetary or economic policy of an EFTA State,

international

relations,

In the cases of paragraphs 2-4 above, access shall never-
if the EFTA States agree

6.
theless be granted, wholly or partly,
that an overriding public interest in disclosure exists.

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Article 4

An EFTA State may request the EFTA Secretariat not to disclose
documents originating from that State without
its prior
agreement.

writing of the delay and when the decision can be expected. The
applicant shall be informed of his or her right to refer the
request to the Standing Committee of the EFTA States if he
or she has not received an answer within reasonable time.

Article 5

If only parts of the requested document are covered by any of
the exceptions, the remaining parts of the document shall be
released.

5.
In the event of a the total or partial refusal, the applicant
may, within 15 working days of receiving the EFTA Secretariat's
reply, refer the request to the Standing Committee of the EFTA
States.

Article 6

Applications for access to a document shall be made in
1.
in the English
including electronic form,
any written form,
language and in a sufficiently precise manner to enable the
EFTA Secretariat to identify the document.

If an application is not sufficiently precise,

2.
Secretariat shall ask the applicant
and shall assist
providing information in accordance with Article 11.

the EFTA
to clarify the application
for example, by

the applicant

in doing so,

6.
Failure by the EFTA Secretariat to reply within reasonable
time from registration of the application entitles the applicant
to refer the request to the Standing Committee of the EFTA
states.

Article 8

A referral to the Standing Committee of the EFTA States shall
be handled promptly. If access is wholly or partly refused, this
shall be communicated to the applicant
in a written reply
stating the reasons for the refusal.

3.
In the event of an application relating to a very long
document or to a very large number of documents, the EFTA
Secretariat may confer with the applicant informally, with a
view to finding a fair solution.

Article 9

The classification (Strictly confidential, Confidential, Restricted)
of any given document does not in itself exclude it from access
by the public at a later stage.

Article 7

1.
An application for access to a document shall be handled
promptly. An acknowledgement of receipt shall be sent to the
applicant.

The EFTA Secretariat shall submit the request to the EFTA
2.
States for approval, unless it can be assured that the EFTA States
would or would not refuse access to the document. The EFTA
States shall decide without undue delay.

Article 10

1.
The applicant shall have access to documents either by
consulting them on the spot or by receiving a copy, including,
where available, an electronic copy. The cost of producing and
sending copies may be charged to the applicant. This charge
shall not exceed the real cost of producing and sending the
copies. Consultation on the spot, copies of less than 20 A4
if available, direct access in electronic form shall
pages and,
be free of charge.

3.
Upon receiving the response from the EFTA States, the
EFTA Secretariat shall either inform the applicant that access to
the requested document had been granted and provide access in
in a written reply, state the
accordance with Article 10 or,
refusal and inform the
reasons
applicant of his or her
to the
to refer
Standing Committee of the EFTA States.

the total or partial

the request

right

for

2.
If a document has already been released by the EFTA
Secretariat and is easily accessible to the applicant, the EFTA
Secretariat may fulfil
to
documents by informing the applicant how to obtain the
requested document.

its obligation of granting access

4.
If it is not possible for the EFTA Secretariat to give the
applicant an answer within 12 working days from the regis-
tration of the application, the applicant shall be informed in

1.
The EFTA Secretariat shall keep a register of documents.
Access to a list of documents contained in the register shall be
provided upon request. References
shall be
recorded in the register without delay.

to documents

Article 11

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For each document the register shall contain a reference
2.
number, the subject matter and/or a short description of the
content of the document and the date on which it was received
or drawn up and recorded in the register. References shall be
made in a manner which does not undermine protection of the
interests in Article 3.

Article 12

The EFTA Secretariat shall provide information and assistance to
citizens on how and where applications for access to documents
can be made.

Article 13

Article 15

This Decision shall take effect 1 October 2005.

Article 16

This Decision shall be published in the EEA Section of, and the
EEA Supplement to, the Official Journal of the European Union.

Article 17

This Decision shall be subject to a review within one year from
its day of effect.

This Decision shall be without prejudice to any existing rules on
copyright which may limit a third party's right to reproduce or
exploit released documents.

Done at Brussels, 9 June 2005.

For the Standing Committee

Article 14

Decision No 2/2002/SC of the Standing Committee of the EFTA
States of 30 May 2002 is hereby repealed.

The Chairman

The Secretary-General

Bjørn T. GRYDELAND

William ROSSIER

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ANNEX

EEA RELATED EFTA DOCUMENTS TO BE MADE AVAILABLE TO THE PUBLIC ON THE INTERNET

EEA Agreement and related EFTA Agreements:

— Original versions of the EEA Agreement, the Surveillance and Court Agreement and the Standing Committee

Agreement

— EEA Enlargement Agreement

— Consolidated version of the EEA Agreement

— Consolidated version of the Annexes and Protocols to the EEA Agreement

— Consolidated version of the Surveillance and Court Agreement

— Consolidated version of Standing Committee Agreement

Instruments adopted by the institutions:

— Adopted Decisions of the EEA Council

— Adopted Decisions of the EEA Joint Committee

— EEA Joint Parliamentary Committee resolutions

— EEA Consultative Committee resolutions

— EFTA Consultative Committee opinions

— EEA EFTA Comment

Agendas:

— EEA Council

— EEA Joint Committee

— Subcommittees under the EEA Joint Committee (upon agreement with the Commission)

— Standing Committee of the EFTA States

— Subcommittees under the Standing Committee of the EFTA States

— Working Groups under the Standing Committee of the EFTA States

— EFTA Parliamentary Committee

— EEA Joint Parliamentary Committee

— EFTA Consultative Committee

— EEA Consultative Committee

Conclusions:

— EEA Council

— Standing Committee of the EFTA States

— Subcommittees under the Standing Committee of the EFTA States

— EEA Joint Committee (upon agreement with the Commission)

— Joint Subcommittee (upon agreement with the Commission)

Reports:

— EFTA Parliamentary Committee

— EEA Joint Parliamentary Committee

— EFTA Consultative Committee

— EEA Consultative Committee

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Information documents:
— Annual report of the EEA Joint Committee
— EFTA Chair working programme
— EEA related statistics produced by the EFTA Statistical Office
— List of adopted decisions of the EEA Joint Committee
— List of awaited notifications under Article 103
— List of Decisions of the EEA Joint Committee with constitutional requirements
— List of Celex numbers
— Lists of proposals for EC legislation marked as EEA relevant by the Community
— List adopted EC acquis marked as EEA relevant by the Community and the EC acquis already identified as EEA

relevant by the EEA EFTA experts from all EEA EFTA Member States

— Scoreboards of the Subcommittees under the EEA Joint Committee
— Press release
— EFTA Fact Sheet

EEA Financial Mechanism:
— Rules and Procedures for the EEA Financial Mechanism
— Guidelines for the EEA Financial Mechanism
— Memoranda of Understanding for the EEA Financial Mechanism

Norwegian Financial Mechanism:
— Rules and Procedures for the Norwegian Financial Mechanism
— Guidelines for the Norwegian Financial Mechanism
— Memoranda of Understanding for the Norwegian Financial Mechanism