(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 462)(1),

–   having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0417/2002),

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Constitutional Affairs (A5-0035/2003),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

5.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

6.  Calls on the European Convention to examine the possibility of including all the institutions, agencies and bodies of the European Union within the scope of Article 255 of the EC Treaty in order to facilitate the application of a consistent regime on access to documents and on the historical archives;

7.  Calls on the budgetary authority to include in future draft budgets adequate financial resources for the archives and to place the budget line for the archives alongside the budget line for transparency (Article 255 of the EC Treaty);

8.  Instructs its President to forward its position to the Council, Commission and the President of the European Convention.

Text proposed by the Commission   Amendments by Parliament Amendment 1 RECITAL -1 (new) (-1) Article 255 of the EC Treaty and Article 42 of the Charter of Fundamental Rights of the European Union give a right of access to European Parliament, Council and Commission documents to any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State. Amendment 2 RECITAL 2 (2)  The exceptions to public right of access provided for in Regulation (EC) No 1049/2001 are applicable for a maximum period of thirty years. 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. (2)  The exceptions to public right of access provided for in Regulation (EC) No 1049/2001 are exhaustive and applicable independently of the place in which documents are kept. Documents selected to be kept in historical archives do not constitute a special category of documents in this respect. Amendment 3 RECITAL 3 (3)  Council Regulation (EEC, Euratom) No 354/83 provides that the public will not be given access to certain categories of documents thirty years after the documents were created. It is necessary to bring these exceptions into line with the exceptions to right of access provided for in Regulation (EC) No 1049/2001. (3)  Council Regulation (EEC, Euratom) No 354/83 provides that the public will not be given access to certain categories of documents thirty 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 the aforementioned Regulation. Amendment 4 RECITAL 4a (new) (4a) Whilst the purpose of this Regulation is limited to ensuring conformity with Regulation (EC) No 1049/2001, a thorough review of the Community archives and of the historical archives should be conducted by the Commission within the next two years. Amendment 5 ARTICLE 1, POINT -1 (new) Article 1, paragraph -1 (new) (Regulation (EEC, Euratom) No 354/83) (-1) In Article 1, the following paragraph -1 is inserted: "-1. The purpose of this Regulation is to ensure that information of historic or administrative value is preserved and made available to the public, to the fullest extent possible." Amendment 6 ARTICLE 1, POINT 1 Article 1, paragraph 1 (Regulation (EEC, Euratom) No 354/83) 1.  The institutions of the European Community and of the European Atomic Energy Community (hereinafter referred to as 'the institutions') shall establish historical archives and open them to the public on the terms provided for by this Regulation after the expiry of a period of thirty years starting from the date of the creation of the document. For the purposes of this Regulation the Economic and Social Committee and the Committee of the Regions shall be treated in the same way as the institutions referred to in Article 7(1) of the Treaty establishing the European Community 1.   In order to achieve this objective, the institutions of the European Community and of the European Atomic Energy Community (hereinafter referred to as 'the institutions') shall establish historical archives and open them to the public on the terms provided for by this Regulation after the expiry of a period of thirty years starting from the date of the creation of the document. Until that time, access to such documents shall be governed by means of Regulation (EC) No 1049/2001. This Regulation shall apply to the Economic and Social Committee, the Committee of the Regions, and the agencies and similar bodies established by the institutions in the same way as it applies to the institutions referred to in Article 7(1) of the Treaty establishing the European Community. Amendment 7 ARTICLE 1, POINT 1a (new) Article 1, paragraph 3 (Regulation (EEC, Euratom) No 354/83) (1a) Article 1(3) is replaced by the following: "3. All documents and records which were made available before the expiry of the period provided for in paragraph 1 shall remain accessible to the public without restriction and in accordance with Regulation (EC) No 1049/2001." Amendment 8 ARTICLE 1, POINT 1b (new) Article 1, paragraph 4 (Regulation (EEC, Euratom) No 354/83) (1b) Article 1(4) is replaced by the following: "4. Access to the historical archives shall be given to any person who applies for it, without any need to show an interest." Amendment 9 ARTICLE 1, POINT 2 Article 2, paragraph 1 (Regulation (EEC, Euratom) No 354/83) 1.  In the case of documents covered by the exceptions relating to privacy and the integrity of the individual and the business interests of an individual or firm, including intellectual property, the exceptions may continue to apply after this period if the relevant conditions for their application are satisfied. 1.  In the case of documents covered by the exception relating to privacy and the integrity of the individual, laid down in Article 4(1)(b) of Regulation (EC) No 1049/2001, and the exception relating to the business interests of an individual or firm including intellectual property, laid down in Article 4(2), first indent of Regulation (EC) No 1049/2001, the exceptions may continue to apply to all or part of the document after this period if the relevant conditions for their application are satisfied. Amendment 10 ARTICLE 1, POINT 2 Article 2, paragraph 2 (Regulation (EEC, Euratom) No 354/83) 2.  Documents containing information on the private or professional life of individual persons, including files of staff of the European Communities, shall be disclosed in accordance with 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 in particular Articles 4 and 5 thereof. 2.  Documents covered by the exception laid down in Article 4(1)(b) of Regulation (EC) No 1049/2001, including files of staff of the European Communities, shall be disclosed in accordance with European Parliament and Council Regulation (EC) No 45/2001 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*, and in particular Articles 4 and 5 thereof. ______________ * OJ L 8, 12.1.2001, p. 1. Amendment 11 ARTICLE 1, POINT 2 Article 2, paragraph 2 a (new) (Regulation (EEC, Euratom) No 354/83) 2a. Before deciding to select a document for permanent preservation in the historical archives the institutions shall, in accordance with internal rules adopted pursuant to Article 9, determine to what extent and for how long access to the document is to be denied on grounds specified in Article 4 of Regulation (EC) No 1049/2001. Amendment 12 ARTICLE 1, POINT 2 Article 2, paragraph 3 (Regulation (EEC, Euratom) No 354/83) 3.  Before deciding to make available to the public documents which, if disclosed, could harm the commercial interests of a firm or individual, including those relating to intellectual property, the institution shall inform the firm or the person concerned, in accordance with the rules to be defined by each institution, of its intention to make the documents in question accessible to the public. The documents shall not be released if, taking account of the observations of the third parties, the institution considers that their disclosure could jeopardise such commercial interests, unless there is an overriding public interest in disclosure. 3.  Before deciding to make available to the public documents covered by the exception laid down in Article 4(2), first indent of Regulation (EC) No 1049/2001, the institution shall inform the firm or the person concerned, in accordance with the rules to be defined by each institution, of its intention to make the documents in question accessible to the public. The documents shall not be released if, taking account of the observations of the third parties, the institution considers that their disclosure could jeopardise their commercial interests, unless there is an overriding public interest in disclosure. Amendment 13 ARTICLE 1, POINT 3 a (new) Article 5 (Regulation (EEC, Euratom) No 354/83) (3a) Article 5 is deleted. Amendment 14 ARTICLE 1, POINT 4 Article 6 (Regulation (EEC, Euratom) No 354/83) (4)  Article 6 is replaced by the following: (4)  Article 6 is deleted. "Article 6 Where a Member State receives a request for a document in its possession, originating from an institution, unless it is clear that the document must or must 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." Amendment 15 ARTICLE 1, POINT 4a (new) Article 7 (Regulation (EEC, Euratom) No 354/83) (4a) Article 7 is replaced by the following: "Article 7 According to the criteria and procedures laid down by each institution pursuant to Article 9, there shall be a permanent sorting process with the purpose of separating documents and records that are to be preserved from those that have no historical value. Documents selected for permanent preservation in the historical archives shall be deposited in these archives at least once every calendar year in the form of files." Amendment 16 ARTICLE 1, POINT 4b (new) Article 8a (new) (Regulation (EEC, Euratom) No 354/83) (4b) The following Article 8a is inserted: "Article 8a Where possible and appropriate, the historical archives shall be made accessible either in electronic form or through a register." Amendment 17 ARTICLE 1, POINT 4c (new) Article 8b (new) (Regulation (EEC, Euratom) No 354/83) (4c) The following Article 8b is inserted: "Article 8b Where possible and appropriate, the historical archives shall be made available in graphic form as well as in textual mode, to enable people with sensory difficulties to use them. Amendment 18 ARTICLE 1, POINT 4d (new) Article 8c (new) (Regulation (EEC, Euratom) No 354/83) (4d) The following Article 8c is inserted: "Article 8c Each institution shall send an annual report on their part of the Community archives to the European Parliament. The European University Institute shall send an annual report on the historical archives of the European Communities to the European Parliament." Amendment 19 ARTICLE 1, POINT 4e (new) Article 8d (new) (Regulation (EEC, Euratom) No 354/83) (4e) The following Article 8d is inserted: "Article 8d Within two years from the entry into force of this Regulation, the Commission shall conduct a thorough review of the Community archives and the historical archives. If appropriate, it shall then present legislative proposals or an action plan with a view to increasing transparency and improving the functioning of transfers to the historical archives and access for citizens, together with an analysis of the financial resources required to implement such proposals or action plan.

(1) OJ C 331 E, 31.12.2002, p. 169.