Proposal for a Regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents
Date: 2008-04-30
Institutions: European Commission
Subjects: Council of the European Union, European Commission, European Parliament, access to EU information, application of EU law, provision of documents

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.4.2008 
COM(2008) 229 final 

2008/0090 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

regarding public access to European Parliament, Council and Commission documents 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND  

1.1. 

Implementation of the public right of access to documents 

Article 255 of the Treaty establishing the European Community, as amended by the 
Treaty  of  Amsterdam,  grants  citizens  of  the  European  Union  and  natural  or  legal 
persons residing or having their registered office in a Member State, a right of access 
to  European  Parliament,  Council  and  Commission  documents.  The  principles  and 
limits  governing  this  right  of  access  have  been  determined  by  Regulation  (EC)  No 
1049/20011  regarding  public  access 
to  European  Parliament,  Council  and 
Commission documents, which became applicable on 3 December 2001. 

In a report on the implementation of the Regulation, published on 30 January 2004, 
the  Commission  concluded  that  it  had  worked  remarkably  well.  Therefore,  it 
considered that there was no need to amend the Regulation in the short term, since it 
would  in  any  case  need  to  be  reviewed  after  the  entry  into  force  of  the  Treaty 
establishing a Constitution for Europe.  

1.2. 

Reasons for reviewing the existing Regulation 

On  9  November  2005,  the  Commission  decided  to  launch  the  “European 
Transparency  Initiative”2,  a  drive  towards  more  transparency  which  included  a 
review of the Regulation. 

The  European  Parliament  for  its  part,  in  a  Resolution  adopted  on  4  April  20063, 
asked the Commission to come forward with proposals for amending the Regulation. 

In  the  meantime,  on  6  September  2006,  the  European  Parliament  and  the  Council 
adopted  a  new  Regulation  applying  the  Århus  Convention4  to  the  institutions  and 
bodies  of  the  European  Community,  which  interacts  with  Regulation  (EC)  No 
1049/2001 as regards access to documents containing environmental information. 

Regulation (EC) No 1049/2001 has now been applied for six years, during which the 
institutions have gained more experience in implementing it. Furthermore, a body of 
case  law  has  developed  and  a  number  of  complaints  have  been  settled  by  the 
European  Ombudsman.  The  institutions  are,  therefore,  in  a  position  to  reassess  the 
working of the Regulation and to amend it accordingly. 

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2 

3 
4 

OJ L 145, 31.5.2001, p. 43. 
Minutes  of  the  Commission's  meeting  No  1721  of  9  November  2005,  item  6;  see  also  documents 
SEC(2005) 1300 and SEC(2005) 1301. 
P6_A(2006) 052. 
Convention on Access to Information, public Participation in Decision-making and Access to Justice in 
environmental Matters, done at Århus, Denmark, on 25 June 1998. 
Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on 
the application of the provisions of the Århus Convention to Community institutions and bodies (OJ L 
264, 25.9.2006, p. 13). 

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As a first step in the review process, the Commission published on 18 April 2007 a 
Green  Paper,  which  formed  the  basis  for  a  public  consultation  on  the  issue5.  The 
outcome of this consultation was summarised in a report published in January 2008. 

2. 

ISSUES CONSIDERED IN THE REVIEW PROCESS 

2.1. 

Resolution of the European Parliament of 4 April 2006 

In  its  above-mentioned  Resolution  of  4  April  2006,  Parliament  formulated  five 
recommendations,  which  the  Commission  has  duly  considered  when  drafting  the 
present proposal. 

2.1.1. 

Scope of the legal basis and purpose of the Regulation 

According to Parliament, the preamble of the Regulation should clarify that Article 
255  EC  Treaty  is  the  legal  basis  for  implementing  the  principles  of  openness  and 
proximity and the pivotal legal basis for transparency and confidentiality. 

Since Article 255 concerns public access to documents, the Commission proposes to 
clarify the purpose of the Regulation accordingly in Article 1.  

2.1.2.  Full legislative transparency 

All preparatory documents to legal acts should be directly accessible to the public. 

This recommendation is fully accepted and addressed in Article 12. 

2.1.3.  Rules on confidentiality 

Parliament  recommended  laying  down  rules  for  classification  of  documents  in  the 
Regulation and ensuring parliamentary control over the application of such rules and 
access to such documents. 

Classification  of  documents  does  not  per  se  exclude  them  from  the  public  right  of 
access. Therefore, the Commission considers that specific rules on classification and 
on  the  handling  of  classified  material  should  not  be  laid  down  in  a  Regulation  on 
public access.  

2.1.4.  Access to Member State documents 

Parliament  wanted  to  limit  and  to  better  define  the  ability  of  Member  States  to 
oppose disclosure of their documents. 

The  new  Article  5(2),  which  also  takes  into  account  a  judgment  of  the  Court  of 
Justice  on  this  issue,  stipulates  that  Member  States  must  give  reasons  when  they 
request an institution not to disclose documents originating from them. 

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Green Paper "Public Access to Documents held by institutions of the European Community - A review" 
- COM(2007) 185. 

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2.1.5.  Registers and rules for archiving 

Parliament  recommends  setting  up  a  single  access  point  in  regard  to  preparatory 
legislation,  a  common  interface  to  the  institutions’  registers  and  common  rules  on 
archiving documents. 

The  Commission  fully  agrees  with  this  recommendation.  However,  it  can  be 
implemented without amending the Regulation. 

2.2. 

Outcome of the Public Consultation 

The response to the questions submitted for public consultation may be summarised 
as  follows6.  In  the  present  proposal,  the  Commission  has  taken  into  account  the 
views  of  the  majority  of  the  respondents  for  each  of  the  issues  raised  in  the  Green 
Paper. 

2.2.1.  Active dissemination 

Registers and websites should be easier to access and more harmonised. The scope of 
the Commission's registers should be extended. Citizens would welcome a more pro-
active disclosure policy. 

Active  transparency  on  legislation  is  being  addressed  in  Article  12.  Article  11  and 
the amended Article 12 provide an appropriate legal basis for registers and websites 
that are more comprehensive and easier to access. 

2.2.2.  Aligning Regulation (EC) No 1049/2001 with the Århus Convention 

The proposal to align the Regulation with the provisions on access to environmental 
information  (Regulation  (EC)  No  1367/2006  implementing  the  Århus  Convention) 
has  been  widely  supported.  Reservations  were  voiced  mainly  by  environmental 
NGOs and by the chemical and biotechnological sectors. 

The alignment is reflected in the amended Articles 4 (1) and (2) and 5 (2).  

2.2.3.  Protection of personal data 

The current practice, blanking out names and other personal data in documents to be 
disclosed, has been perceived as too restrictive, in particular where persons act in a 
public capacity. The Court of First Instance has ruled on this issue (see point 2.3.1 
below). 

The relevant provision has been redrafted accordingly in the new Article 4(5). 

6 

A  full  report  on  the  outcome  of  the  consultation  has  been  published  on  16  January  2008  in  a 
Commission  Staff  Working  Document  -  SEC(2008)  29;  all  contributions  are  posted  on  the  dedicated 
website http://ec.europa.eu/transparency/revision/index_en.htm 

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2.2.4.  Protection of commercial interests 

Public authorities and the corporate sector feel is that the current rules strike the right 
balance. However, journalists, NGOs and a majority of individual citizens claim that 
more weight should be given to the interest in disclosure. 

Therefore, the Commission does not propose to amend this provision. 

2.2.5.  Handling of excessive requests 

A slight majority of Member States and the private sector support specific measures 
derogating  from  the  normal  rules  when  dealing  with  excessive  requests.  Member 
States  insist  that  such  measures  should  be  based  on  objective  criteria.  The 
Ombudsman,  a  significant  minority  of  Member  States  and  NGOs  are  opposed  to 
specific rules on excessive requests. 

The  Commission  does  not  propose  a  provision  for  rejecting  requests  that  may  be 
qualified  as  excessive.  Instead,  it  is  proposed  to  extend  the  ability  to  request 
clarifications  under  Article  6(2)  to  cases  where  the  requested  documents  cannot  be 
easily identified.  

2.2.6.  The concept of "document" 

As  regards  the  general  feeling  is  that  the  current  wide  definition  should  be 
maintained. A clarification with regard to databases as suggested in the Green Paper 
would be welcomed. 

A more precise definition of "document" is given in the amended Article 3(a), which 
also covers information contained in electronic databases. 

2.2.7.  Time frames for the application of exceptions 

The suggestion to define events before which documents would not be accessible has 
not been given much support. On the other hand, systematic disclosure of documents 
after  specific  events  and  well  before  the  30-year  limit  for  opening  the  archives  has 
been welcomed. Experience has shown, however, that access must systematically be 
refused  in  regard  to  documents  pertaining  to  judicial  or  quasi-judicial  proceedings 
before a public hearing has taken place or a final decision has been adopted. This has 
also been confirmed by the case law (see point 2.3.3). 

The Commission proposes to adjust Article 2 

2.2.8. 

Scope of the Regulation 

Many  respondents  to  the  Green  Paper  called  for  an  extension  of  the  scope  of  the 
Regulation to all EU institutions, bodies and agencies. 

Such an extension is not possible under the current Treaty, but will be achieved when 
the Treaty on the Functioning of the Union enters into force. 

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2.2.9.  Access to documents originating from Member States 

This issue was also raised by some respondents, as well as in Parliament's Resolution 
(see point 2.1.4 above). It has, in the meantime, been clarified by a judgment of the 
Court of Justice (see point 2.3.2). 

2.3. 

Recent Case Law 

In  a  series  of  judgments,  the  Court  of  First  Instance  and  the  Court  of  Justice  have 
ruled  on  some  major  issues  regarding  the  application  of  the  Regulation,  which  are 
being addressed in this proposal. 

2.3.1.  Access to personal data 

In its judgment of 8 November 2007 in the Bavarian Lager case7, the Court of First 
Instance  interpreted  the  exception  regarding  the  protection  of  personal  data  and 
considered  the  relationship  between  Regulation  (EC)  No  1049/2001  and  the 
Regulation on data protection8. 

The  relation  between  the  Regulations  on  public  access  and  on  the  protection  of 
personal data is clarified in the new Article 4(5).  

2.3.2.  Access to documents originating from a Member State 

On  18  December  2007,  the  Court  of  Justice  annulled  the  judgment  of  the  Court  of 
First Instance of 30 November 2004 in a case concerning the right of Member States 
to oppose disclosure by the institutions of documents originating from them9. 

The existing provision in Article 4(5) is replaced by the new Article 5(2). 

2.3.3.  Applicability of exceptions before and after a specific event  

In  its  judgment  of  13  April  2005  in  a  case  concerning  access  to  a  cartel  file10,  the 
Court of First Instance ruled that, in principle, an institution receiving an application 
for  access  to  documents  must  carry  out  a  concrete,  individual  assessment  of  the 
content  of  the  documents  referred  to  in  the  request.  However,  such  an  individual 
assessment might not be required if, due to the particular circumstances of the case, 
the  documents  requested  are  manifestly  covered  by  an  exception  to  the  right  of 
access.  In  a  recent  judgment,  the  Court  considered  that  written  submission  to  the 
Courts  were  manifestly  covered  by  the  exception  aimed  at  protecting  court 
proceedings before an oral hearing has taken place11. 

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Case 194/04, The Bavarian Lager Company Ltd v Commission, not yet reported. 
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on 
the  protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the  Community 
institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). 
Case C-64/05 P, Sweden and others v Commission, not yet reported, appeal against the judgment of the 
CFI in case T-168/02, International Fund for Animal Welfare v Commission, [2004] ECR, p. II-4135. 
Case T-2/03, Verein für Konsumenteninformation v Commission, [2005] ECR, p. II-1121. 
Judgment of the CFI of 12 September 2007, case T-36/04, Association de la Presse Internationale asbl 
v Commission, not yet reported. 

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New provisions have been added under Article 2 (5) and (6).  

3. 

PROPOSED AMENDMENTS TO REGULATION (EC) NO 1049/2001 

3.1. 

Purpose and Beneficiaries of the Regulation - Articles 1 and 2  

The  wording  in  Article  1(a)  is  slightly  modified  to  clarify  that  the  purpose  of  the 
Regulation is to grant public access to documents. This is consistent with the legal 
base and has been confirmed by the case law of the Court of First Instance12. 

The  right  of  access  will  be  granted  to  any  natural  or  legal  person,  regardless  of 
nationality  or  State  of  residence.  This  makes  the  Regulation  consistent  with  the 
provisions  of  Regulation  (EC)  No  1367/2006  on  access  to  information  in 
environmental  matters13.  Article  2(1)  is  amended  accordingly  and  Article  2(2)  is 
repealed. 

3.2. 

Scope and Definitions – Articles 2 and 3 

It is specified in Article 2(2) that the Regulation applies to all documents held by an 
institution concerning a matter relating to the policies, activities and decisions falling 
within its sphere of responsibility. In the current text this aspect is mentioned under 
the definition of "document" in Article 3(a). However, this is related to the scope of 
the Regulation rather than to the definition of the concept of "document". 

A  new  paragraph  5  is  added  to  Article  2  clarifying  that  documents  submitted  to 
Courts  by  other  parties  than  the  institutions  do  not  fall  within  the  scope  of  the 
Regulation. It is worth noting that the Court of Justice is excluded from the right of 
public access under Article 255 of the EC Treaty and that the Lisbon Treaty extends 
this  right  to  the  Court  of  Justice  but  to  documents  relating  to  its  administrative 
activities. 

Access  to  documents  related  to  the  exercise  of  the  investigative  powers  of  an 
institution should be excluded until the relevant decision can no longer be challenged 
by  an  action  for  annulment  or  the  investigation  is  closed.  During  this  investigation 
phase,  only  the  specific  rules  in  this  field  will  apply.  The  Regulations  governing 
competition  and 
trade  defence  (anti-dumping,  anti-subsidy  and  safeguard) 
proceedings  and  proceedings  under  the  Trade  Barriers  Regulations  contain 
provisions regarding privileged rights of access for interested parties and provisions 
on  publicity14.  These  rules  would  be  undermined  if  the  public  were  to  be  granted 
wider  access  under  Regulation  (EC)  No  1049/2001.  Information  obtained  from 
natural  or  legal  persons  in  the  course  of  such  investigations  should  continue  to  be 
protected after the relevant decision has become definitive. 

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13 
14 

Judgment of 6 July 2006, joined cases T-391/03 and T-70/04, Franchet and Byk v Commission, ECR 
[2006], p. II-2023. 
See footnote 5. 
See  Articles  27,  28  and  30  of  Regulation  1/2003 (competition)  Articles  6(7)  and 14(2)  of  Regulation 
(EC) No 384/96 (antidumping), Articles 11(7) and 24(2) of Regulation (EC) No 2026/97 (anti-subsidy), 
Article  6(2)  of  Regulation  (EC)  No  3285/94  (safeguards)  and  Article  5(2)  of  Regulation  (EC)  No 
519/94 (safeguards against non-WTO members). 

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The  wide  definition  of  the  concept  of  "document"  in  Article  3(a)  is  maintained. 
However,  a  "document"  only  exists  if  it  has  been  transmitted  to  its  recipients  or 
circulated within the institution or has been otherwise registered. On the other hand, 
the  definition  of  "document"  should  include  data  contained  in  electronic  systems 
insofar as these can be extracted in readable form. 

3.3. 

Exceptions – Article 4 

The  exception  aimed  at  protecting  the  environment,  laid  down  in  Article  6(2)  of 
Regulation 1367/2006, is added under Article 4(1) of Regulation (EC) No 1049/2001 
in  order  to  align  this  Regulation  with  the  provisions  stemming  from  the  Aarhus 
Convention. For reasons of clarity the indents are replaced with letters. 

Also  with  a  view  to  aligning  the  Regulation  with  the  Aarhus  Convention,  the 
exception aimed at protecting commercial interests in Article 4(2) will not apply to 
information on emissions which is relevant for the protection of the environment. As 
a  consequence,  the  protection  of  intellectual  property  rights  is  mentioned  as  a 
separate exception. 

The concept of "court proceedings" is clarified and includes arbitration and dispute 
settlement proceedings. 

A new exception is added, aimed at protecting procedures leading to the selection of 
staff or of contracting parties. Transparency in these areas is regulated by the Staff 
Regulations  and  by  the  Financial  Regulation.  The  proper  functioning  of  selection 
boards and evaluation committees should be safeguarded. 

Article 4(3) is reworded for reasons of clarity but is not altered on substance. 

Articles  4(4)  and  4(5)  are  moved  to  Article  5,  since  they  contain  procedural  rules 
rather than exceptions. 

Article 4(1) (b) regarding access to personal data is moved to a new Article 4(5) and 
reformulated  in  order  to  clarify  the  relationship  between  Regulations  (EC)  No 
1049/2001 and 45/2001 (protection of personal data).  

3.4. 

Consultations with Third Parties – Article 5 

The  new  Article  5(2)  lays  down  the  procedure  to  be  followed  where  access  is 
requested to documents originating from a Member State. The Member State must be 
consulted  unless  it  is  clear  that  the  documents  shall  or  shall  not  be  disclosed;  if  it 
gives reasons for not disclosing the requested documents, based on Regulation (EC) 
No 1049/2001 or on relevant similar and specific rules in its national legislation, the 
institution  will  deny  access  to  these  documents.  This  new  provision  takes  into 
account  the  judgment  of  the  Court  of  Justice  in  the  appeal  case  C-64/05  P  (see 
section 1.5.2 above).  

3.5. 

Procedural Rules – Articles 6, 8 and 10 

Article  6(2)  is  amended  in  order  to  take  into  account  cases  where  the  requested 
documents cannot be easily identified. 

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In Article 8, the time limit for handling a confirmatory application is extended to 30 
working  days,  with  a  possibility  for  a  further  extension  by  15  working  days. 
Experience  has  shown  that  it  is  almost  impossible  to  handle  a  confirmatory 
application  within  15  working  days.  The  handling  of  a  confirmatory  application 
requires  more  time  since  such  an  application  leads  to  a  formal  decision  of  the 
institution, for which strict procedural rules apply. 

A new paragraph is added to Article 10, clarifying that, where specific modalities for 
access  are  laid  down  in  EU  or  national  law,  these  must  be  respected.  This  is 
particularly the case where access is subject to payment of a fee, which is a source of 
income for the body that produced the documents. 

3.6. 

Active Dissemination – Article 12 

This provision is redrafted with the purpose of granting direct access to documents, 
which are part  of procedures leading to the adoption of EU legislative acts or non-
legislative acts of general application. Such documents should be made accessible by 
the  institutions  from  the  outset,  unless  an  exception  to  the  public  right  of  access 
clearly applies. 

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(cid:208) 1049/2001 
2008/0090 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

regarding public access to European Parliament, Council and Commission documents 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
255(2) thereof, 

Having regard to the proposal from the Commission15, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty16, 

Whereas: 

(1) 

A number of substantive changes are to be made to Regulation (EC) No 1049/2001 of 
30  May  2001  regarding  public  access  to  European  Parliament,  Council  and 
Commission documents17. In the interest of clarity, that Regulation should be recast. 

(cid:216) new 

(2) 

The second subparagraph of Article 1 of the Treaty on European Union enshrines the 
concept  of  openness,  stating  that  the  Treaty  marks  a  new  stage  in  the  process  of 
creating  an  ever  closer  union  among  the  peoples  of  Europe,  in  which  decisions  are 
taken as openly as possible and as closely as possible to the citizen. 

(cid:208) 1049/2001 Recital 1 

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16 
17 

OJ C , , p. . 
OJ C , , p. . 
OJ L 145, 31.5.2001, p. 43. 

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(cid:208) 1049/2001 Recital 2 

(3) 

Openness enables citizens to participate more closely in the decision-making process 
and guarantees that the administration enjoys greater legitimacy and is more effective 
and more accountable to the citizen in a democratic system. Openness contributes to 
strengthening  the  principles  of  democracy  and  respect  for  fundamental  rights  as  laid 
down in Article 6 of the EU Treaty and in the Charter of Fundamental Rights of the 
European Union. 

(cid:208) 1049/2001 Recital 3 (adapted) 

The  conclusions  of  the  European  Council  meetings  held  at  Birmingham,  Edinburgh  and 
Copenhagen  stressed  the  need  to  introduce  greater  transparency  into  the  work  of  the 
Union  institutions.  This  Regulation  consolidates  the  initiatives  that  the  institutions 
have already taken with a view to improving the transparency of the decision-making 
process. 

(cid:216) new 

(4) 

(5) 

The general principles and the limits on grounds of public or private interest governing 
the public right  of  access to documents have been laid down in  Regulation (EC) No 
1049/2001, which became applicable on 3 December 200118. 

A first assessment of the implementation of Regulation (EC) No 1049/2001 was made 
in  a  report  published  on  30  January  200419.  On  9  November  2005,  the  Commission 
decided to launch the process leading to the review of Regulation (EC) No 1049/2001. 
In  a  Resolution  adopted  on  4  April  2006,  the  European  Parliament  has  invited  the 
Commission to submit a proposal amending the Regulation20. On 18 April 2007, the 
Commission published a Green Paper on the review of the Regulation21 and launched 
a public consultation. 

(6) 

The  purpose  of  this  Regulation  is  to  give  the  fullest  possible  effect  to  the  right  of 
public access to documents and to lay down the general principles and limits on such 
access in accordance with Article 255(2) of the EC Treaty. 

(cid:208) 1049/2001 Recital 4 

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19 
20 
21 

OJ L 145, 31.5.2001, p. 43. 
COM(2004) 45. 
[ …] 
COM(2007) 185. 

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(cid:208) 1049/2001 Recital 5 (adapted) 

(7) 

Since the question of access to documents is not covered by provisions of the Treaty 
establishing the European Coal and Steel Community and the Treaty establishing the 
European Atomic Energy Community, the European Parliament, the Council and the 
Commission should, in accordance with Declaration No 41 attached to the Final Act of 
the Treaty of Amsterdam, draw guidance from this Regulation as regards documents 
concerning the activities covered by those two Treaties ⌦ that Treaty ⌫ . 

(8) 

In accordance with Articles 28(1) and 41(1) of the EU Treaty, the right of access also 
applies to documents relating to the common foreign and security policy and to police 
and  judicial  cooperation  in  criminal  matters.  Each  institution  should  respect  its 
security rules. 

(cid:208) 1049/2001 Recital 7 

(cid:216) new 

(9) 

The  European  Parliament  and  the  Council  adopted  on  6  September  2006  Regulation 
(EC) No 1367/2006 on the application of the provisions of the Aarhus Convention on 
Access to Information, Public Participation in Decision-Making and Access to Justice 
in  Environmental  Matters  to  Community  institutions  and  bodies22.  With  regard  to 
access to documents containing environmental information, this Regulation should be 
consistent with Regulation (EC) No 1367/2006.  

(10)  With  regard  to  the  disclosure  of  personal  data,  a  clear  relationship  should  be 
established  between  this  Regulation  and  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 on the free movement of such data23. 

(11)  Clear  rules  should  be  established  regarding  the  disclosure  of  documents  originating 
from the Member States and of documents of third parties which are part of judicial 
proceedings  files  or  obtained  by  the  institutions  by  virtue  of  specific  powers  of 
investigation conferred upon them by EC law. 

(12)  Wider access should be granted to documents in cases where the institutions are acting 
in their legislative capacity, including under delegated powers, while at the same time 
preserving  the  effectiveness  of  the  institutions'  decision-making  process.  Such 
documents should be made directly accessible to the greatest possible extent. 

(cid:208) 1049/2001 Recital 6 

22 
23 

OJ L 264 , 25.9.2006, p. 13. 
OJ L 8, 12.1.2001, p. 1. 

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(13)  Transparency in the legislative process is of utmost importance for citizens. Therefore, 
institutions  should  actively  disseminate  documents,  which  are  part  of  the  legislative 
process. Active dissemination of documents should also be encouraged in other fields. 

(cid:216) new 

(14) 

In order to ensure the full application of this Regulation to all activities of the Union, 
all agencies established by the institutions should apply the principles laid down in this 
Regulation. 

(cid:208) 1049/2001 Recital 8 

(15)  On  account  of  their  highly  sensitive  content,  certain  documents  should  be  given 
special treatment. Arrangements for informing the European Parliament of the content 
of such documents should be made through interinstitutional agreement. 

(cid:208) 1049/2001 Recital 9 

(cid:208) 1049/2001 Recital 10 

(16) 

In  order  to  bring  about  greater  openness  in  the  work  of  the  institutions,  access  to 
documents  should  be  granted  by  the  European  Parliament,  the  Council  and  the 
Commission  not  only  to  documents  drawn  up  by  the  institutions,  but  also  to 
documents  received  by  them.  In  this  context,  it  is  recalled  that  Declaration  No  35 
attached  to  the  Final  Act  of  the  Treaty  of  Amsterdam  provides  that  a  Member  State 
may  request  the  Commission  or  the  Council  not  to  communicate  to  third  parties  a 
document originating from that State without its prior agreement. 

(cid:208) 1049/2001 Recital 11 

(17) 

In  principle,  all  documents  of  the  institutions  should  be  accessible  to  the  public. 
However,  certain  public  and  private  interests  should  be  protected  by  way  of 
exceptions.  The  institutions  should  be  entitled  to  protect  their  internal  consultations 
and deliberations where necessary to safeguard their ability to carry out their tasks. In 
assessing  the  exceptions,  the  institutions  should  take  account  of  the  principles  in 
Community  legislation  concerning  the  protection  of  personal  data,  in  all  areas  of 
Union activities. 

(18)  All rules concerning access to documents of the institutions should be in conformity 

with this Regulation. 

(cid:208) 1049/2001 Recital 12 

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(19) 

In order to ensure that the right of access is fully respected, a two-stage administrative 
procedure  should  apply,  with  the  additional  possibility  of  court  proceedings  or 
complaints to the Ombudsman. 

(cid:208) 1049/2001 Recital 13 

(20)  Each  institution  should  take  the  measures  necessary  to  inform  the  public  of  the  new 
provisions in force and to train its staff to assist citizens exercising their rights under 
this  Regulation.  In  order  to  make  it  easier  for  citizens  to  exercise  their  rights,  each 
institution should provide access to a register of documents. 

(cid:208) 1049/2001 Recital 14 (adapted) 

(cid:208) 1049/2001 Recital 15 

(21)  Even though it is neither the object nor the effect of this Regulation to amend national 
legislation  on  access  to  documents,  it  is  nevertheless  clear  that,  by  virtue  of  the 
principle of loyal cooperation which governs relations between the institutions and the 
Member States, Member States should take care not to hamper the proper application 
of this Regulation and should respect the security rules of the institutions. 

(22)  This  Regulation  is  without  prejudice  to  existing  rights  of  access  to  documents  for 

Member States, judicial authorities or investigative bodies. 

(cid:208) 1049/2001 Recital 16 

(cid:208) 1049/2001 Recital 17 (adapted) 

(23) 

In accordance with Article 255(3) of the EC Treaty, each institution lays down specific 
provisions  regarding  access  to  its  documents  in  its  rules  of  procedure,  Council 
Decision 93/731/EC of 20 December 1993 on public access to Council documents24, 
Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994 on public access 
to  Commission  documents25,  European  Parliament  Decision  97/632/EC,  ECSC, 
Euratom of 10 July 1997 on public access to European  Parliament  documents26, and 
the rules on confidentiality of Schengen documents should therefore, if necessary, be 
modified or be repealed. 

24 

25 

26 

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). 
OJ L 46, 18.2.1994, p. 58. Decision as amended by Decision 96/567/EC, ECSC, Euratom (OJ L 247, 
28.9.1996, p. 45). 
OJ L 263, 25.9.1997, p. 27. 

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HAVE ADOPTED THIS REGULATION: 

(cid:208) 1049/2001 

Article 1 

Purpose 

The purpose of this Regulation is: 

(cid:208) 1049/2001 (adapted) 

(a) 

to define the principles, conditions and limits on grounds of public or private interest 
governing  the  right  of  access  to  European  Parliament,  Council  and  Commission 
(hereinafter referred to as «the institutions») documents provided for in Article 255 
of  the  EC  Treaty  in  such  a  way  as  to  ensure  ⌦ grant  the  public ⌫  the  widest 
possible access to ⌦ such ⌫ documents,; 

(b) 

to establish rules ensuring the easiest possible exercise of this right,; and 

(c) 

to promote good administrative practice on access to documents. 

(cid:208) 1049/2001 

Article 2 

Beneficiaries and scope 

(cid:208) 1049/2001 (adapted) 

1. Any citizen of the Union, and any natural or legal person residing or having its registered 
office  in  a  Member  State,  has  ⌦ shall  have ⌫  a  right  of  access  to  documents  of  the 
institutions, subject to the principles, conditions and limits defined in this Regulation. 

2. The institutions may, subject to the same principles, conditions and limits, grant access to 
documents to any natural or legal person not residing or not having its registered office in a 
Member State. 

32.  This  Regulation  shall  apply  to  all  documents  held  by  an  institution,  that  is  to  say 
⌦ namely ⌫ , documents drawn up or received by it and in its possession ⌦ concerning a 
matter  relating  to  the  policies,  activities  and  decisions  falling  within  its  sphere  of 
responsibility ⌫, in all areas of activity of the European Union. 

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(cid:208) 1049/2001 

43. Without prejudice to Articles 4 and 9, documents shall be made accessible to the public 
either following a written application or directly in  electronic form or through a register. In 
particular, documents drawn up or received in the course of a legislative procedure shall be 
made directly accessible in accordance with Article 12. 

54.  Sensitive  documents  as  defined  in  Article  9(1)  shall  be  subject  to  special  treatment  in 
accordance with that Article. 

(cid:216) new 

5. This Regulation shall not apply to documents submitted to Courts by parties other than the 
institutions. 

6. Without prejudice to specific rights of access for interested parties established by EC law, 
documents  forming  part  of  the  administrative  file  of  an  investigation  or  of  proceedings 
concerning  an  act  of  individual  scope  shall  not  be  accessible  to  the  public  until  the 
investigation  has  been  closed  or  the  act  has  become  definitive.  Documents  containing 
information  gathered  or  obtained  from  natural  or  legal  persons  by  an  institution  in  the 
framework of such investigations shall not be accessible to the public. 

67. This Regulation shall be without prejudice to rights of public access to documents held by 
the  institutions  which  might  follow  from  instruments  of  international  law  or  acts  of  the 
institutions implementing them. 

(cid:208) 1049/2001 

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Article 3 

Definitions 

For the purpose of this Regulation: 

(cid:208) 1049/2001 (adapted) 
(cid:214) new 

(a) 

«document» shall mean ⌦ means ⌫ any content whatever its medium (written on 
paper  or  stored  in  electronic  form  or  as  a  sound,  visual  or  audiovisual  recording) 
concerning a matter relating to the policies, activities and decisions falling within the 
institution's  sphere  of  responsibility  (cid:214) drawn-up  by  an  institution  and  formally 
transmitted  to  one  or  more  recipients  or  otherwise  registered,  or  received  by  an 
institution; data contained in electronic storage, processing and retrieval systems are 
documents  if  they  can  be  extracted  in  the  form  of  a  printout  or  electronic-format 
copy using the available tools for the exploitation of the system  ; 

(b) 

«third  party»  shall  mean  ⌦ means ⌫  any  natural  or  legal  person,  or  any  entity 
outside the institution concerned, including the Member States, other Community or 
non-Community institutions and bodies and third countries. 

(cid:208) 1049/2001 
(cid:214) new 

Article 4 

Exceptions 

1. The institutions shall refuse access to a document where disclosure would undermine the 
protection of: (a) the public interest as regards: 

(a) public security (cid:214) including the safety of natural or legal persons  ,; 

(b) defence and military matters,; 

(c) international relations,; 

(d) the financial, monetary or economic policy of the Community or a Member State; 

(e) the environment, such as breeding sites of rare species. 

(cid:216) new 

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(cid:208) 1049/2001 

(b) 

privacy  and  the  integrity  of  the  individual,  in  particular  in  accordance  with 
Community legislation regarding the protection of personal data. 

2. The institutions shall refuse access to a document where disclosure would undermine the 
protection of: 

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

(cid:208) 1049/2001 (adapted) 

⌦ (b) intellectual property rights; ⌫ 

(cid:208) 1049/2001 (adapted) 
(cid:214) new 

(c)  ⌦ legal  advice  and ⌫  court  proceedings  (cid:214) ,  arbitration  and  dispute  settlement 

proceedings  and ,; 

(d) the purpose of inspections, investigations and audits,; 

(e) the objectivity and impartiality of selection procedures. 

(cid:216) new 

unless there is an overriding public interest in disclosure. 

(cid:208) 1049/2001 (adapted) 
(cid:214) new 

3.  Access  to  ⌦ the  following  documents ⌫  a  document,  drawn  up  by  an  institution  for 
internal use or received by an institution, which relates to a matter where the decision has not 
been  taken  by  the  institution,  shall  be  refused  if  ⌦ their ⌫  disclosure  of  the  document 
the 
would 
institutions: ⌫ , unless there is an overriding public interest in disclosure. 

institution's  decision-making  process  ⌦ of 

seriously  undermine 

the 

⌦ (a) documents relating to a matter where the decision has not been taken; ⌫ 

⌦ (b)  documents ⌫  Access  to  a  document  containing  opinions  for  internal  use  as  part  of 
deliberations and preliminary consultations within the institutions concerned, shall be refused 
even  after  the  decision  has  been  taken  if  disclosure  of  the  document  would  seriously 
undermine  the  institution's  decision-making  process,  unless  there  is  an  overriding  public 
interest in disclosure. 

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⌦ 4. The exceptions  under paragraphs (2) and (3) shall  apply  unless there is an overriding 
public interest in disclosure. ⌫ (cid:214) As regards paragraph 2(a) an overriding public interest in 
disclosure shall be deemed to exist where the information requested relates to emissions into 
the environment.  

(cid:216) new 

5.  Names,  titles  and  functions  of  public  office  holders,  civil  servants  and  interest 
representatives in relation with their professional activities shall be disclosed unless, given the 
particular  circumstances,  disclosure  would  adversely  affect  the  persons  concerned.  Other 
personal data shall be disclosed in accordance with the conditions regarding lawful processing 
of such  data laid down  in  EC legislation on the protection of individuals with  regard to the 
processing of personal data. 

(cid:208) 1049/2001 (adapted) 

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

7. The exceptions as laid down in paragraphs 1 to 3 this Article shall only apply for the period 
during  which  protection  is  justified  on  the  basis  of  the  content  of  the  document.  The 
exceptions may apply for a maximum period of 30 years. In the case of documents covered by 
the  exceptions  relating  to  privacy  ⌦ the  protection  of  personal  data ⌫  or  commercial 
interests and in the case of sensitive documents, the exceptions may, if necessary, continue to 
apply after this period. 

Article 5 

(cid:208) 1049/2001 (adapted) 

⌦ Consultations ⌫ 

41. As regards third-party documents, the institution shall consult the third party with a view 
to  assessing  whether  an  exception  ⌦ referred  to ⌫  in  paragraph  1  or  2  Article  4  is 
applicable, unless it is clear that the document shall or shall not be disclosed. 

5.  A  Member  State  may  request  the  institution  not  to  disclose  a  document  originating  from 
that Member State without its prior agreement. 

2.  Where  an  application  concerns  a  document  originating  from  a  Member  State,  other  than 
documents transmitted in the framework of procedures leading to a legislative act or a non-
legislative act of general application, the authorities of that Member State shall be consulted. 

(cid:216) new 

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The institution holding the document shall disclose it unless the Member State gives reasons 
for withholding it, based on the exceptions referred to in Article 4 or on specific provisions in 
its  own  legislation  preventing  disclosure  of  the  document  concerned.  The  institution  shall 
appreciate the adequacy of reasons given by the Member State insofar as they are based on 
exceptions laid down in this Regulation. 

(cid:208) 1049/2001 (adapted) 

Article 5 

Documents in the Member States 

3.  Where  a  Member  State  receives  a  request  for  a  document  in  its  possession,  originating 
⌦ which originates ⌫ from an institution, unless it is clear that the document shall or shall 
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. 

(cid:208) 1049/2001 
(cid:214) new 

Article 6 

Applications 

1.  Applications  for  access  to  a  document  shall  be  made  in  any  written  form,  including 
electronic form, in one of the languages referred to in Article 314 of the EC Treaty and in a 
sufficiently precise manner to enable the institution to identify the document. The applicant is 
not obliged to state reasons for the application. 

2.  If  an  application  is  not  sufficiently  precise  (cid:214) or  if  the  requested  documents  cannot  be 
identified ,  the  institution  shall  ask  the  applicant  to  clarify  the  application  and  shall  assist 
the  applicant  in  doing  so,  for  example,  by  providing  information  on  the  use  of  the  public 
registers of documents.  (cid:214) The time limits provided for under Articles 7 and 8 shall start to 
run when the institution has received the requested clarifications.  

3. In the event of an application relating to a very long document or to a very large number of 
documents, the institution concerned may confer with the applicant informally, with a view to 
finding a fair (cid:214) and practical  solution. 

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

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Article 7 

Processing of initial applications 

1. An application for access to a document shall be handled promptly. An acknowledgement 
of  receipt  shall  be  sent  to  the  applicant.  Within  15  working  days  from  registration  of  the 
application,  the  institution  shall  either  grant  access  to  the  document  requested  and  provide 
access in accordance with Article 10 within that period or, in a written reply, state the reasons 
for  the  total  or  partial  refusal  and  inform  the  applicant  of  his  or  her  right  to  make  a 
confirmatory application in accordance with paragraph 2 4 of this Article. 

32.  In  exceptional  cases,  for  example  in  the  event  of  an  application  relating  to  a  very  long 
document or to a very large number of documents, the time-limit provided for in paragraph 1 
may be extended by 15 working days, provided that the applicant is notified in advance and 
that detailed reasons are given. 

23.  In  the  event  of  a  total  or  partial  refusal,  the  applicant  may,  within  15  working  days  of 
receiving  the  institution's  reply,  make  a  confirmatory  application  asking  the  institution  to 
reconsider its position. 

44.  Failure  by  the  institution  to  reply  within  the  prescribed  time-limit  shall  entitle  the 
applicant to make a confirmatory application. 

Article 8 

Processing of confirmatory applications 

(cid:208) 1049/2001 (adapted) 
(cid:214) new 

1.  A  confirmatory  application  shall  be  handled  promptly.  Within  15  (cid:214) 30   working  days 
from  registration  of  such  an  application,  the  institution  shall  either  grant  access  to  the 
document requested and provide access in accordance with Article 10 within that period or, in 
a written reply, state the reasons for the total or partial refusal. In the event of a total or partial 
refusal, the institution shall inform the applicant of the remedies open to him or her, namely 
instituting  court  proceedings  against  the  institution  and/or  making  a  complaint  to  the 
Ombudsman,  under  the  conditions  laid  down  in  Articles  230  and  195  of  the  EC  Treaty, 
respectively. 

22.  In  exceptional  cases,  for  example  in  the  event  of  an  application  relating  to  a  very  long 
document or to a very large number of documents, the time limit provided for in paragraph 1 
may be extended by 15 working days, provided that the applicant is notified in advance and 
that detailed reasons are given. 

(cid:208) 1049/2001 

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3.  In  the  event  of  a  total  or  partial  refusal,  the  applicant  may  bring  proceedings  before  the 
Court  of  First  Instance  against  the  institution  and/or  make  a  complaint  to  the  European 
Ombudsman,  under  the  conditions  laid  down  in  Articles  230  and  195  of  the  EC  Treaty, 
respectively. 

(cid:216) new 

34. Failure by the institution to reply within the prescribed time limit shall be considered as a 
negative reply and ⌦ shall ⌫ entitle the applicant to institute court proceedings against the 
institution and/or make a complaint to the Ombudsman, under the relevant provisions of the 
EC Treaty. 

(cid:208) 1049/2001 (adapted) 

(cid:208) 1049/2001 

Article 9 

Treatment of sensitive documents 

1.  Sensitive  documents  are  documents  originating  from  the  institutions  or  the  agencies 
established  by  them,  from  Member  States,  third  countries  or  International  Organisations, 
classified  as  «TRÈS  SECRET/TOP  SECRET»,  «SECRET»  or  «CONFIDENTIEL»  in 
accordance with the rules of the institution concerned, which protect essential interests of the 
European  Union  or  of  one  or  more  of  its  Member  States  in  the  areas  covered  by  Article 
4(1)(a), notably public security, defence and military matters. 

2. Applications for access to sensitive documents under the procedures laid down in Articles 7 
and 8 shall be handled only by those persons who have a right to acquaint themselves with 
those  documents.  These  persons  shall  also,  without  prejudice  to  Article  11(2),  assess  which 
references to sensitive documents could be made in the public register. 

3. Sensitive documents shall be recorded in the register or released only with the consent of 
the originator. 

4. An institution which decides to refuse access to a sensitive document shall give the reasons 
for its decision in a manner which does not harm the interests protected in Article 4. 

5. Member States shall take appropriate measures to ensure that when handling applications 
for sensitive documents the principles in this Article and Article 4 are respected. 

6. The rules of the institutions concerning sensitive documents shall be made public. 

7. The Commission and the Council shall inform the European Parliament regarding sensitive 
documents in accordance with arrangements agreed between the institutions. 

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Article 10 

Access following an application 

(cid:208) 1049/2001 (adapted) 

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, according to the applicant's 
preference. 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  pages  and  direct  access  in  electronic  form  or  through  the 
register shall be free of charge. 

2.  If  a  document  has  already  been  released  by  the  institution  concerned  ⌦ is  publicly 
available ⌫ and is easily accessible to the applicant, the institution may fulfil its obligation 
of  granting  access  to  documents  by  informing  the  applicant  how  to  obtain  the  requested 
document. 

3. Documents shall be supplied in an existing version and format (including electronically or 
in an alternative format such as Braille, large print or tape) with full regard to the applicant's 
preference. 

(cid:208) 1049/2001 

⌦ 4. 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 pages and direct access in electronic form or  through the  register 
shall be free of charge. ⌫ 

(cid:208) 1049/2001 (adapted) 

5. This Regulation shall not derogate from specific modalities governing access laid down in 
EC or national law, such as the payment of a fee. 

(cid:216) new 

(cid:208) 1049/2001 

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Article 11 

Registers 

1.  To  make  citizens'  rights  under  this  Regulation  effective,  each  institution  shall  provide 
public  access  to  a  register  of  documents.  Access  to  the  register  should  be  provided  in 
electronic form. References to documents shall be recorded in the register without delay. 

2.  For  each  document  the  register  shall  contain  a  reference  number  (including,  where 
applicable, the interinstitutional reference), 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 4. 

3. The institutions shall immediately take the measures necessary to establish a register which 
shall be operational by 3 June 2002. 

Article 12 

Direct access in electronic form or through a register ⌦ to documents ⌫ 

(cid:208) 1049/2001 (adapted) 

1. The institutions shall as far as possible make documents directly accessible to the public in 
electronic form or through a register in accordance with the rules of the institution concerned. 

21. In particular, legislative documents, that is to say, dDocuments drawn up or received in 
the  course  of  procedures  for  the  adoption  of  ⌦ EU  legislative ⌫  acts  which  are  legally 
binding in or for the Member States, should ⌦ or non-legislative acts of general application 
shall ⌫ , subject to Articles 4 and 9, be made directly accessible ⌦ to the public ⌫ .  

32.  Where  possible,  other  documents,  notably  documents  relating  to  the  development  of 
policy or strategy, should ⌦ shall ⌫ be made directly accessible ⌦ in electronic form ⌫ . 

43. Where direct access is not given through the register, the register shall as far as possible 
indicate where the document is located. 

(cid:208) 1049/2001 

4. Each institution shall define in its rules of procedure which other categories of documents 
are directly accessible to the public. 

(cid:216) new 

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(cid:208) 1049/2001 

Article 13 

Publication in the Official Journal 

1. In addition to the acts referred to in Article 254(1) and (2) of the EC Treaty and the first 
paragraph  of  Article  163  of  the  Euratom  Treaty,  the  following  documents  shall,  subject  to 
Articles 4 and 9 of this Regulation, be published in the Official Journal: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Commission proposals; 

common positions adopted by the Council in accordance with the procedures referred 
to  in  Articles  251  and  252  of  the  EC  Treaty  and  the  reasons  underlying  those 
common  positions,  as  well  as  the  European  Parliament's  positions  in  these 
procedures; 

framework decisions and decisions referred to in Article 34(2) of the EU Treaty; 

conventions established by the Council in accordance with Article 34(2) of the EU 
Treaty; 

conventions  signed  between  Member  States  on  the  basis  of  Article  293  of  the  EC 
Treaty; 

international agreements concluded by the Community or in accordance with Article 
24 of the EU Treaty. 

2. As far as possible, the following documents shall be published in the Official Journal: 

(a) 

(b) 

(c) 

initiatives presented to the Council by a Member State pursuant to Article 67(1) of 
the EC Treaty or pursuant to Article 34(2) of the EU Treaty; 

common positions referred to in Article 34(2) of the EU Treaty; 

directives  other  than  those  referred  to  in  Article  254(1)  and  (2)  of  the  EC  Treaty, 
decisions  other  than  those  referred  to  in  Article  254(1)  of  the  EC  Treaty, 
recommendations and opinions. 

3.  Each  institution  may  in  its  rules  of  procedure  establish  which  further  documents  shall  be 
published in the Official Journal. 

Article 14 

Information 

1.  Each  institution  shall  take  the  requisite  measures  to  inform  the  public  of  the  rights  they 
enjoy under this Regulation. 

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2.  The  Member  States  shall  cooperate  with  the  institutions  in  providing  information  to  the 
citizens. 

Article 15 

Administrative practice in the institutions 

1.  The  institutions  shall  develop  good  administrative  practices  in  order  to  facilitate  the 
exercise of the right of access guaranteed by this Regulation. 

2.  The  institutions  shall  establish  an  interinstitutional  committee  to  examine  best  practice, 
address possible conflicts and discuss future developments on public access to documents. 

(cid:208) 1049/2001 (adapted) 
(cid:214) new 

Article 16 

Reproduction of documents 

This Regulation shall be without prejudice to any existing rules on copyright which may limit 
a  third  party's  right  to  (cid:214) obtain  copies  of  documents  or  to   reproduce  or  exploit  released 
documents. 

(cid:208) 1049/2001 (adapted) 

Article 17 

Reports 

1. Each institution shall publish annually a report for the preceding year including the number 
of  cases  in  which  the  institution  refused  to  grant  access  to  documents,  the  reasons  for  such 
refusals and the number of sensitive documents not recorded in the register. 

2.  At  the  latest  by  31  January  2004,  the  Commission  shall  publish  a  report  on  the 
implementation  of  the  principles  of  this  Regulation  and  shall  make  recommendations, 
including,  if  appropriate,  proposals  for  the  revision  of  this  Regulation  and  an  action 
programme of measures to be taken by the institutions. 

Article 18 

Application measures 

1. Each institution shall adapt its rules of procedure to the provisions of this Regulation. The 
adaptations shall take effect from 3 December 2001. 

2. Within six months of the entry into force of this Regulation, the Commission shall examine 
the  conformity  of  Council  Regulation  (EEC,  Euratom)  No  354/83  of  1  February  1983 

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concerning  the  opening  to  the  public  of  the  historical  archives  of  the  European  Economic 
Community and the European Atomic Energy Community27 with this Regulation in order to 
ensure the preservation and archiving of documents to the fullest extent possible. 

3. Within six months of the entry into force of this Regulation, the Commission shall examine 
the conformity of the existing rules on access to documents with this Regulation. 

(cid:208) 

Article 18 

Repeal 

Regulation (EC) No 1049/2001 is repealed with effect from [...]. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in the Annex. 

(cid:208) 1049/2001 (adapted) 

Article 19 

Entry into force 

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

It shall be applicable from 3 December 2001. 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President

27 

OJ L 43, 15.2.1983, p. 1. 

EN 

27 

   EN 

 
 
 
                                                 
(cid:207) 

ANNEX 

CORRELATION TABLE 

Regulation 1049/2001 

This Regulation 

Article 1 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

- 

- 

Article 2(6) 

Article 3 

Article 4(1) (a) 

Article 4(1) (b) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 4(5) 

- 

Article 4(6) 

Article 4(7) 

Article 5 

Article 6 

Article 1 

Article 2(1) 

- 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 3 

Article 4(1) 

Article 4(5) 

Article 4(2) 

Article 4(3) 

Article 5(1) 

Article 5(2) 

Article 4(4) 

Article 4(6) 

Article 4(7) 

Article 5(3) 

Article 6 

EN 

28 

   EN 

 
 
Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17(1) 

Article 17(2) 

Article 18 

- 

- 

- 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

- 

- 

Article 18 

Article 19 

Annex 

EN 

29 

   EN