Background information on the consultation
On 18th April 2007, the European Commission issued a Green Paper on public access to documents held by institutions of the European Community.
The right of access to documents is of crucial importance to the promotion and protection of public health, which begins with the empowerment of individuals to participate meaningfully in decisions that affect their lives and well-being.
The right of access to documents is part of the fundamental right to information and this is a key European value. The right to information and freedom of expression are enshrined in the Charter of Fundamental Rights of the European Union (Article 11), and the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 10) of the Council of Europe.
The right of citizens to obtain documents of the European Parliament, the Council, and the Commission is mainly governed by European Community Regulation 2001/1049. Between 2001 and 2007, a body of case law has developed and a number of complaints have been settled by the European Ombudsman.
Furthermore, in September 2006, the European Institutions adopted a new set of rules that increased the right of access to environmental information.
The Commission Green Paper
The European Commission is now willing to improve and adapt the general regime of access to documents to this new context, and states in the Green Paper that “it is appropriate to consider amendments to the regime for public access to documents, with a view to:
improving access to registers and direct access to documents;
better informing the public at large on the activities of the European institutions;
clarifying the legal framework;
striking the right balance between the public’s right to know and the protection of legitimate public and private interests.”
In order to structure input into how to achieve these four objectives, the Green paper then sets eight questions before inviting further comments.
EPHA’s response
EPHA has submitted a response to this consultation (see document below) and the main points are:
More effort should be invested in displaying easily accessible and up-to-date information in public registers and on the institutions websites.
EPHA calls on the European Commission to move from passive to active dissemination of information to EU citizens.
Regulation 1049/2001 should specify after which time documents withheld to the public can become available.
A single set of rules for access to documents, including environmental information would be beneficial to citizens.
There should be criteria for the disclosure of certain types of personal data in Regulation (EC) No 1049/2001, where the lawfulness of disclosure does not have to be assessed on a case-by-case basis under Regulation (EC) No 45/2001.
More weight should be given to the interest in disclosure.
Questions such as who gets Community funding, what influence lobbies have and what rules of conduct those in charge of the European institutions have to follow, should remain at the heart of the debate on transparency.
Next steps
The open consultation period run from mid April to mid July 2007. A report on the outcome is to be published in September 2007. Proposals for amending the Regulation are then envisaged in October 2007.
For more information on EPHA’s position on the issue of transparency, please refer to the recently updated article on the Green Paper on a European Transparency Initiative.
