Policy regarding access to Council documents
Since the mid-nineties, public access to documents has played an important role in giving practical effect to the principle of transparency in the European Union as referred to in Declaration on the right of access to information annexed (as Declaration 17) to the Final Act of the Maastricht Treaty.
The fundamental principles of the Community system of access to documents were subsequently established in the so-called Code of Conduct concerning Public Access to Council and Commission documents, adopted jointly by the Council and Commission in 1993, and were also clearly set out in Decision 93/731/EC, adopted by the Council on 20 December 1993 with a view to give effect to the Code of Conduct. In addition, the Council adopted some years later a specific Decision 2000/23/EC on the improvement of information on the Council's legislative activities and the public register of Council documents.
In accordance with Article 9 of Decision 93/731/EC on access to documents, the Council published in July 1996, in June 1998 and in December 2000 a bi-annual report on the implementation of that decision. Council conclusions established on the basis of the bi-annual reports were adopted in December 1996 and June 1998, whereas the bi-annual report produced in December 2000 was followed by the adoption of Council Decision 2001/320/EC on making certain categories of Council documents available to the public.
As from the entry into force of the Amsterdam Treaty, Article 255 of the EC Treaty contains specific provisions on public access to European Parliament, Council and Commission documents. This Article constitutes the legal basis for Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
In accordance with Article 207 (3) of the EC Treaty, specific rules governing public access to Council documents are established in Annex II to the Council's rules of procedure and in Decision 2001/320/EC on making certain categories of Council documents available to the Public.
Pursuant to Article 17 of Regulation (EC) No 1049/2001, the Council publishes an annual report on access to Council documents. So far, the Council has adopted and published annual reports concerning the years 2002, 2003, 2004, 2005, 2006, 2007 and 2008.
Further references to key events in the area of transparency and access to documents are provided under the entry Transparency - Historical Overview.