Decision of the European Central Bank of 3 November 1998 concerning public access to documentation and the archives of the European Central Bank (ECB/1998/12)

DECISION OF THE EUROPEAN CENTRAL BANK
of 3 November 1998
concerning public access to documentation and the archives of the European Central Bank
(ECB/1998/12)
(1999/284/EC)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK
,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the "Statute") and in particular to Article 12.3 thereof,
Having regard to the Rules of Procedure of the European Central Bank (ECB) and in particular to Articles 23.2 and 23.3 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 Council 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 financed from public funds;
Whereas Decision No 9/97 of the Council of the European Monetary Institute (EMI) of 3 June 1997(1) foresees that the public shall have access to EMI administrative documents; whereas the EMI went into liquidation on 1 June 1998; whereas it is required to specify the principles which will govern access to the documentation and the archives of the ECB;
Whereas the European Ombudsman issued a Decision in the own initiative inquiry into public access to documents(2); whereas the recommendations of that Decision applied to the EMI only in relation to administrative documents; whereas the same limitations of the scope of application of the Decision are applicable to the ECB;
Whereas, in accordance with Article 10.4 of the Statute, the proceedings of the meetings of the Governing Council of the ECB are confidential, but the Governing Council of the ECB may decide to make the outcome of its deliberations public;
Whereas, in accordance with Article 23.1 of the Rules of Procedure of the ECB, the proceedings of the decision-making bodies of the ECB and of any committee or group established by them are confidential unless the Governing Council of the ECB authorises the President of the ECB to make the outcome of their deliberations public;
Whereas, in accordance with Article 23.2 of the Rules of Procedure of the ECB, all documents drawn up by the ECB are confidential unless the Governing Council of the ECB decides otherwise;
Whereas this Decision is an additional element in the ECB's information and communication policy; whereas clear rules can promote good administration by helping officials to deal accurately and promptly with requests from the public for documents;
Whereas the ECB, before granting access to any document containing information obtained from the central bank of a Member State, will consult that national central bank;
Whereas, in accordance with Article 11.6 of the Statute, the Executive Board of the ECB is responsible for the current business of the ECB,