Ref. Ares(2016)5462719 - 20/09/2016
BASIC PRINCIPLES
driving the rules of access to documents under the
Regulation 1049/2001
1. COORDINATION of handling of requests for access to documents is
ensured by the unit A.4. Each request has to be transmitted without
delay to the JRC ACCESS DOCUMENTS functional mailbox.
2. DEADLINE of 15 working days from when the Commission receives the
request must be strictly respected. Lack of reply within that time limit
means tacit refusal of access. One extension of the deadline is possible –
only if justified and if the applicant is informed before the expiration of the
deadline.
3. EVERYBODY has a right to submit a request for access to documents.
Do not be surprised if a PhD student or a journalist approaches you
requesting access to the newest scientific report.
4. EVERY DOCUMENT can be requested. The widest possible access to
Institution's documents has to be ensured and the "document" is
any
content in whatever medium (…) held by the Institution. This broad
definition encompasses work-in-progress and documents originating from
third parties.
5. NOT EVERY document has to be
RELEASED. Refusal of access can be
justified by way of exceptions to the general principle of widest possible
access.
6. The exceptions protect certain and concrete
INTERESTS of the
Institutions or third parties. The release has to pose HARM to the
interests to enable the JRC to invoke the exception.
7. The exceptions have to be applied
STRICTLY. The risk of harm associated
with release of the document must be specific and actual. It cannot be
purely hypothetical, but must be reasonably foreseeable.
8. The application of the exceptions must be compliant with the principle of
PROPORTIONALITY. If only certain part of the contents of the
document relates to interests covered by exceptions, access to the
remaining part of the document has to be granted (partial access).
9. In case of documents originating from
THIRD PARTIES, the originator
has to be consulted before the document is released.
10. EQUAL TREATMENT has to be ensured. The document released to one
applicant may not, in principle, be refused the other.