Public access to European Parliament, Council and Commission documents

It affects anyone seeking EU documents, including citizens, journalists, researchers, businesses, NGOs and people requesting environmental, legislative or administrative records.

• Extends the access right to any natural or legal person, regardless of residence or registered office.
• Requires direct public access to documents in EU legislative and general rule-making procedures, subject to exceptions.
• Clarifies exceptions for environmental protection, investigations, personal data, intellectual property, court proceedings and selection procedures.
• Requires Member States to give reasons when opposing disclosure of documents they originated.

Takes effect

It enters into force on the twentieth day following publication in the Official Journal of the European Union.

Transitional law

Regulation 1049/2001 is repealed from a date left blank in the proposal; references become references to this Regulation.

• Regulation (EC) No 1049/2001 (32001R1049)
  • entire act: repeals the entire regulation and recasts it
  • art. 1: amends purpose wording on public access to documents
  • art. 2(1): amends beneficiaries of access right
  • art. 2(2): repeals provision allowing discretionary access for non-EU residents or entities
  • art. 2(3): renumbers as Article 2(2) and amends scope wording
  • art. 2(4): renumbers as Article 2(3)
  • art. 2(5): renumbers as Article 2(4)
  • art. 2(6): renumbers as Article 2(7)
  • art. 3: amends definitions, including document definition and electronic data
  • art. 4(1): amends public-interest exceptions and adds environmental protection ground
  • art. 4(1)(b): moves privacy and personal data exception to new Article 4(5)
  • art. 4(2): amends exceptions, separates intellectual property and adds proceedings and selection procedure grounds
  • art. 4(3): rewords decision-making process exception
  • art. 4(4): moves third-party consultation rule to Article 5(1)
  • art. 4(5): moves Member State document rule to Article 5(2)
  • art. 4(7): amends duration of exceptions, referring to protection of personal data
  • art. 5: renumbers existing Member State consultation provision as Article 5(3)
  • art. 5(2): inserts procedure for Member State-originating documents
  • art. 6(2): extends clarification procedure to unidentifiable documents and time limits
  • art. 6(3): adds practical solution wording for large requests
  • art. 7: renumbers internal paragraphs on initial applications
  • art. 8(1): extends confirmatory application deadline from 15 to 30 working days
  • art. 8(3): inserts remedies provision for refusal of confirmatory applications
  • art. 10: amends access modalities and inserts rule preserving specific access modalities
  • art. 12: redrafts direct access rules for legislative and general non-legislative acts
  • art. 16: amends copyright provision to mention obtaining copies
  • art. 17(2): removes Commission implementation report and revision recommendation requirement
  • art. 18: removes application measures article