Considerations on COM(2002)462 - Amendment of Regulation (EEC, Euratom) No 354/83 concerning the opening to the public of the historical archives of the EEC and Euratom

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dossier COM(2002)462 - Amendment of Regulation (EEC, Euratom) No 354/83 concerning the opening to the public of the historical archives of the EEC ...
document COM(2002)462 EN
date September 22, 2003
 
(1) 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.

(2) 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 Regulation (EC) No 1049/2001 of the European Parliament and of the Council(1).

(3) The exceptions to public right of access provided for in Regulation (EC) No 1049/2001 are applicable for a maximum period of 30 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.

(4) Council Regulation (EEC, Euratom) No 354/83(2) provides that the public will not be given access to certain categories of documents 30 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 that Regulation.

(5) For the purposes of Regulation (EEC, Euratom) No 354/83, 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 (EEC, Euratom) No 354/83 should therefore be amended accordingly.