Decision No 9/97 concerning public access to administrative documents of the European Monetary Institute (EMI)

DECISION No 9/97 concerning public access to administrative documents of the European Monetary Institute (EMI)
THE COUNCIL OF THE EUROPEAN MONETARY INSTITUTE
,
Having regard to the Treaty establishing the European Community and in particular Article 109f thereof,
Having regard to the Statute of the EMI and in particular Article 9 thereof,
Whereas the declaration on the right of access to information annexed to the final act of the Treaty on European Union emphasises that transparency of the decision-making process strengthens the democratic nature of the institutions and the public's confidence in the administration;
Whereas the European Ombudsman has issued a Decision in the own-initiative inquiry into public access to documents (1); whereas the recommendations of that Decision apply to the EMI only in relation to administrative documents;
Considering it desirable to establish the principles which will govern access to administrative documents of the EMI;
Whereas the European Councils in Birmingham and Edinburgh agreed on a number of principles to promote a Community closer to its citizens;
Whereas the European Council in Copenhagen reaffirmed the principle of giving citizens the greatest possible access to information;
Whereas citizens have a legitimate interest in the organisation and functioning of institutions and bodies that are paid for from public funds;
Whereas Article 10(1) of the Statute of the EMI states that the proceedings of the Council meetings shall be confidential and that the Council of the EMI may, acting unanimously, decide to make the outcome of its deliberations public;
Whereas Article 11(1) of the EMI Rules of Procedure states that the proceedings of the Council and of any committee or group established by the Council shall be confidential unless the Council, acting unanimously, authorises the President to make the outcome of their deliberations public;
Whereas Article 11(2) of the EMI Rules of Procedure provides that all documents drawn up by the EMI shall be confidential unless the Council of the EMI decides otherwise;
Whereas this Decision is an additional element in the EMI's information and communication policy; whereas clear rules can promote good administration, by helping officials deal accurately and promptly with requests from the public for documents;
Whereas the EMI, before granting access to any document containing information obtained from the central bank of a Member State, will consult this central bank;
Whereas, in accordance with Article 9(5) of the Statute of the EMI, the President of the EMI is responsible for the day-to-day management of the EMI;
Whereas this Decision does not constitute a precedent for the position of the European Central Bank on this matter,