Council of the
European Union
Brussels, 10 June 2016
(OR. en)
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INF 86
API 59
'I/A' ITEM NOTE
From:
Working Party on Information
To:
Permanent Representatives Committee/Council
No. prev. doc.:
8942/16
Subject:
Fourteenth annual report of the Council on the implementation of
Regulation (EU) 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
1.
Article 17(1) of Regulation 1049/2001 on access to documents establishes that each
institution has to publish an annual report on the implementation of the Regulation for the
preceding year.
2.
The draft Annual Report for the year 2015 identifies the main trends and features of requests
for access to Council documents and reviews complaints to the Ombudsman as well as rulings
given by the European Courts in cases concerning the Council's implementation of the
regulation. The format of the report changed and its length has been shortened, given that the
statistical data providing the basis for the report is now available in the form of open data on
the Council's website.
3.
Statistical information on requests for access to documents addressed to the Council in 2015
was presented to the Working Party on Information at its meeting on 19 May 2016.
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4.
The Working Party Information agreed, through an informal consultation procedure, with the
draft Annual Report as set out in the Annex to this note.
5.
The Permanent Representatives Committee is therefore invited to recommend to the Council
to approve, as an "A" item of its agenda, the draft Annual Report.
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ANNEX
COUNCIL ANNUAL REPORT
ON ACCESS TO DOCUMENTS - 20151
OPEN DATASET AVAILABLE ON COUNCIL'S WEBSITE
In April 2016, the Council published the open dataset on requests for access to documents on its
website. The dataset is available in machine readable format. It is possible to query the data via the
application program interface (API) SPARQL endpoint or to download the entire dataset in zip
format. Experienced users can use the dataset to create tailor-made reports and statistics. A user-
friendly search engine will also be available from July onwards.
Two additional datasets have also been published as open data, namely the metadata of the
Council's public register of documents and the Council's voting results on the adoption of legislative
acts. The three datasets are available on th
e Council's website and on the EU
Open Data Portal.
REQUESTS FOR ACCESS TO DOCUMENTS IN 2015
The public register
The register attracts about 10% of the Council's website traffic. In 2015, the register was consulted
over 350 000 times. Its 162 000 visitors arrived at the register through web search engines (36%),
were redirected from another website (30%) or have the register's address bookmarked (31%).
About a third of the visitors came from Belgium, 10% from Germany and 8% from the UK.
On 31 December 2015, the public register listed 344 628 original language documents (2 492 257
documents in all language versions). Of the total number of original language documents listed in
the register, 69% are public and available for downloading, that is, 238 340 documents.
1
This report has been drawn up pursuant to article 17(1) of regulation (EC) no 1049/2001 of the European
Parliament and of the Council regarding public access to European Parliament, Council and
Commission documents (OJ L 145, 31.5.2001, p. 43), which provides that "
Each institution
shall publish annually a report for the preceding year including the number of cases in which
the institution refused to grant access to documents, the reasons for such refusals and the
number of sensitive documents not recorded in the register".
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Throughout 2015, 35 010 documents were added to the register, of which 81%, that is 28 270
documents, are now public and available for downloading. In 2015, the Council issued
19 506 documents public upon circulation, issued 14 400 LIMITE documents and added to the
register 725 documents partially available to the public. The Council also issued 634 classified
documents
2 of which 382 are listed in the register and 252 were not included.
Requests for access to documents
In 2015, the Council received 2 784 initial requests for access to documents and 24 confirmatory
applications, requiring the analysis of 12 102 documents. At the initial stage, full access was
granted to 9 277 documents and partial access to 1 094 documents. Access was refused to 1 731
documents. Regarding confirmatory applications, full access was granted to 23 documents and
partial access to 38 documents. The Council maintained the refusal of 66 documents.
During the period covered by this report, the Council issued 8 670 legislative documents
3 of which
3 115 were issued as public upon circulation. Of the remaining 5 555 legislative documents issued
as LIMITE (with reference in the register but not directly accessible), 4 683 documents were made
public upon request, a release rate of 84%.
At the initial stage, documents were refused mainly in order to protect the Council's decision-
making process (587 times, 45%), to protect the public interest as regards international relations
(244 times, 19%) and as regards public security (47 times, 4%). In 28% of cases (362 times),
documents were refused by combining several exceptions. The protection of personal data was the
exception used most often to justify partial access (317 times, 29%).
At the confirmatory stage, documents were refused mainly in order to protect the public interest as
regards international relations (23 times, 35%) and to protect the Council's decision-making process
together with another exception (41 times, 62%). The protection of the decision-making process in
combination with another reason was also the exception most often used to justify partial access (24
times, 63%).
2
As established by Council Decision 2013/488/EU of 23 September 2013 on the security rules
for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).
3
As defined in Article 12 of Regulation 1049/2001, legislative documents are documents
drawn up and/or received in the course of a legislative procedure.
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It took the General Secretariat an average of 16 working days to process initial requests and 29
working days to process confirmatory applications. The deadline of 15 working days to process
initial requests was extended for 671 requests, that is, in 24% of cases. For confirmatory
applications the deadline was extended for 22 out of 24 confirmatory applications.
The tables in the annex give further detail on requests for access to documents.
COMPLAINTS LODGED WITH THE EUROPEAN OMBUDSMAN AND LEGAL ACTION
Complaints lodged with the European Ombudsman
Complaint 2049/2014/NF of 8 January 2015
This complaint concerned a refusal by the European Council to grant public access to two
documents relating to the work of the task force set up in 2010 to strengthen economic governance
across the EU. In its reply to the applicant’s confirmatory request, the European Council argued that
the publication of the documents would undermine the protection of the financial, monetary or
economic policy of the European Union or of a member state and the protection of the institution's
decision-making process.
Having inspected the relevant documents, the Ombudsman took the preliminary view that their
content did not appear as sensitive as claimed by the European Council, in particular when taking
into account the fact that the documents had been drawn up in 2010. The European Council
subsequently reconsidered its assessment and released the two documents to the complainant. With
her letter of 16 March 2016, the Ombudsman closed the case, concluding that the European Council
had settled the matter and thereby satisfied the complainant.
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Complaint 1011/2015/TN of 13 July 2015
This complaint concerned the refusal of the Council of the European Union to grant public access to
the opinions on the suitability of member state candidates to perform the duties of judge and
advocate-general at the Court of Justice and at the General Court of the EU. These opinions are
drawn up by a panel of experts and are used by member states when deliberating on the suitability
of a given candidate. The Council had initially refused access to the opinions arguing that the
documents were of an intergovernmental nature and therefore not covered by the scope of
Regulation 1049/2001.
The Ombudsman opened an inquiry into the matter, setting out in her preliminary view that
regulation 1049/2001 did apply to the document concerned by the request for public access. In its
opinion, the Council explained that it had reassessed its practice and concluded that Regulation
1049/2001 also applied to documents held by its General Secretariat when performing tasks of
support to various intergovernmental bodies and entities, including documents originating from the
said panel.
By her decision of 4 May 2016, the Ombudsman closed her inquiry into the matter, concluding that
the Council by its change of policy had taken steps to resolve the matter.
Complaint 916/2015/OV of 22 July 2015
This complaint concerned the Council's refusal to grant full public access to five documents
concerning the operational results of the Mos Maiorum, Aphrodite and Perkünas joint operations.
The complainant alleged that the Council had wrongly refused to grant public access to the
documents concerned invoking the need to protect the public interest as regards public security and
international relations. Following the inspection of the relevant documents, the Ombudsman took
the view that the Council could consider granting further partial access to certain parts of the
documents.
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On 13 May 2016, the Council informed the Ombudsman and the complainant that it had reassessed
the requested documents to take into account the time elapsed since the abovementioned operations
and the changing migration trends in Europe. Following its reassessment, the Council had come to
the conclusion that full access could be granted to two of the requested documents (6224/13 ADD 1
and 6224/13 ADD 2) and extended partial access could be granted to another two documents
(5474/15 and 6224/13). However, the Council maintained its assessment that no further partial
access could be given to the fifth document (16045/13). The Council considered that the release of
specific sections of the latter three documents would still undermine the protection of the public
interest as regards public security and international relations.
Own-initiative inquiry (OI/8/2015/FOR) on transparency in trilogues - concerning the European
Parliament, the Council of the European Union and the European Commission
In May 2015, the European Ombudsman opened an own-initiative inquiry on transparency in
trilogues. In her letter, addressed to the European Parliament, the Council and the Commission, the
Ombudsman asked the three institutions to reply to several questions about the organisation of
trilogues and the handling of documents (drafting and accessibility). The institutions were also
requested to make arrangements for her team to inspect two closed legislative files in the
framework of her inquiry: the
mortgage credit directive (2014/14/EU) and the
clinical trial
regulation (536/2014).
In its reply to the Ombudsman's letter, the Council pointed out that the
organisation of the
legislative activity as such, including the organisation of trilogues, could not
be considered an
administrative activity, but should be regarded as an essential aspect of the exercise of the
legislators' prerogatives. However, the Council considered that the
handling of documents,
including documents prepared for trilogues, constituted
an administrative activity falling within the
Ombudsman's mandate and therefore authorised the inspection of the preparatory documents
relating to the two abovementioned legislative files. The inspections took place on 12 and 20
November 2015, respectively.
At the time of publication of this report, the Council had not yet received a reply from the
Ombudsman concerning this own-initiative inquiry.
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Court cases
By its
judgment of 18 September 2015 in case 395/13 (Samuli Miettinen v Council), the General
Court (Seventh Chamber) annulled the Council's decision of 13 May 2013 refusing full public
access to document 12979/12, which contained an opinion of the Council legal service regarding
two legislative proposals.
4
This case concerned the application of the exceptions to the right of public access set out in article
4(2), second indent, and in article 4(3), first subparagraph, of Regulation no 1049/2001 concerning
the protection of legal advice and the protection of the institution's decision-making process.
The ruling of the General Court did not develop any particular new elements regarding previous
jurisprudence in this field but did seem to reduce even further the use of the exception on the
protection of legal advice, already limited by the Court of Justice in the
“Turco-judgment”5. The
ruling also confirmed the very restrictive line taken by the Court in the recent
“Access Info Europe”
case as regards the protection of the decision-making process of an EU institution when legislating.
By its
judgment of 7 October 2015 in case T-658/14 (Ivan Jurašinović v Council), the General
Court (Fifth Chamber) dismissed the action brought by the applicant against the Council’s decision
to refuse full public access to the correspondence between the EU institutions and the International
Criminal Tribunal for the Former Yugoslavia (ICTY) in the context of the 'Gotovina' case before
the ICTY. In its judgment, the General Court took the view that the Council’s refusal of full access
to the correspondence with the ICTY was justified on the grounds of the need to protect the public
interest as regards international relations, as provided for in article 4(1)(a), third indent of
Regulation (EC) no 1049/2001.
4
Proposal for a directive of the European Parliament and of the Council on criminal sanctions
for insider dealing and market manipulation and proposal for a regulation on insider dealing
and market manipulation and other instruments regarding the harmonisation of administrative
sanctions in the framework of financial services.
5
See the Court’s judgment of 1 July 2008, Sweden and Turco v Council, C-39/05 P and C-
52/05 P, ECR, EU:C:2008:374.
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Case T-710/14 (Herbert Smith Freehills), challenging the legality of the Council’s decision to
refuse public access to emails sent by an official of the Council's legal service during trilogue
negotiations on a legislative fil
e6 is currently pending before the General Court.
The Council is intervening in support of the European Parliament in
Case T-540/15 (Emilio De
Capitani v European Parliament). Mr De Capitani has brought an action before the Court for the
annulment of the European Parliament's decision to refuse full access to multicolumn documents
prepared for trilogue meetings, in the context of negotiations on the legislative proposal for a
regulation of the European Parliament and of the Council on the European Union Agency for Law
Enforcement Cooperation and Training (Europol). In particular, this case regards the refusal of
access to the fourth column, which sets out the compromise text agreed by the institutions, based on
the protection of the decision-making process of the institutions provided for in article 4(3) first
subparagraph of Regulation 1049/2001.
__________________________
6
Proposal for a directive of the European Parliament and of the Council on the approximation
of laws, regulations and administrative provisions of the member states concerning the
manufacture, presentation and sale of tobacco and related products. See also the Council
Annual Report on Access to documents - 2014, p. 19.
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ANNEX to the ANNEX
1. Number of initial requests pursuant to Regulation No 1049/2001
2011
2012
2013
2014
2015
2 116
1 871
2 212
2 445
2 784
2. Number of documents requested by initial requests
2011
2012
2013
2014
2015
9 641
6 166
7 564
10 839
12 102
3. Documents released by the General Secretariat of the Council at initial stage
2011
2012
2013
2014
2015
8 506
4 858
5 951
8 964
10 371
partial
full
partial
full
partial
full
partial
full
partial
full
1 103
7 403
998
3 860
867
5 084
776
8 188
1 094
9 277
4. Number of confirmatory applications
2011
2012
2013
2014
2015
27
23
25
40
24
5. Number of documents considered by confirmatory applications
2011
2012
2013
2014
2015
59
78
77
225
127
6. Documents released by the Council at confirmatory stage
2011
2012
2013
2014
2015
41
27
33
159
61
partial
full
partial
full
partial
full
partial
full
partial
full
15
26
17
10
29
4
132
27
38
23
7. Rate of documents released during the whole procedure (full release / full + partial release)
2011
2012
2013
2014
2015
77%
88,6%
64,9%
81,2%
67,6%
79,5%
75,9%
84,2%
77,9%
87,4%
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8. Professional profile of the applicants (initial requests)
2011
2012
2013
2014
2015
Civil society
25,8%
27,2%
29,4%
28,5%
27%
Journalists
3,3%
2,8%
1,8%
4,5%
4,1%
Lawyers
10%
9,8%
10%
10,3%
10,3%
Academic world
37,6%
33,4%
29,2%
31,7%
37,9%
Public authorities (non-EU
institutions, third-country
5,4%
4,0%
4,4%
3,8%
2,8%
representatives, etc.)
Members of the European
Parliament and assistants
0,9%
1%
0,6%
0,4%
0,9%
Others
5,3%
6,6%
5,8%
6%
10,3%
Undeclared
13,5%
16,5%
18,8%
14,8%
6,7%
9. Professional profile of the applicants (confirmatory applications)
2011
2012
2013
2014
2015
Civil society
19,3%
28,5%
21,8%
27,7%
16,6%
Journalists
11,5%
9,5%
0%
3,5%
5,6%
Lawyers
15,4%
14,3%
13%
31%
33,3%
Academic world
34,6%
23,8%
43,5%
24,1%
33,3%
Public authorities (non-EU
institutions, third-country
0%
0%
0%
3,4%
0%
representatives, etc.)
Members of the European
3,8%
4,8%
0%
0%
5,6%
Parliament and assistants
Others
7,7%
4,8%
4,3%
0%
0%
Undeclared
7,7%
14,3%
17,4%
10,3%
5,6%
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10.
Geographic distribution of the applicants (initial requests)
Country
2011
2012
2013
2014
2015
Belgium
30,5%
33%
28%
29%
25%
Bulgaria
0,4%
0,1%
0,6%
0,1%
0,3%
Croatia
0,5%
0,2%
0,2%
0,1%
0,3%
Czech Republic
1%
0,7%
0,8%
1,8%
0,5%
Denmark
1%
0,6%
2,1%
2,3%
3,3%
Germany
14,5%
14,6%
18,5%
13,9%
13%
Estonia
0%
0%
0,2%
0,1%
0,2%
Greece
0,7%
0,5%
1%
0,2%
0,8%
Spain
3,5%
3,3%
3,3%
3,6%
4,9%
France
7,7%
7,3%
5,7%
6%
5,6%
Ireland
0,7%
1,1%
0,9%
1,4%
1%
Italy
6,3%
5,6%
4,6%
4%
4,1%
Cyprus
0,2%
0,1%
0,2%
0,1%
0,2%
Latvia
0,2%
0,1%
0,2%
0,1%
0,1%
Lithuania
0,1%
0%
0,5%
0%
0%
Luxembourg
1,3%
1,2%
1,8%
1,6%
0,4%
Hungary
0,8%
0,2%
0,5%
0,3%
0,2%
Malta
0,2%
0,2%
0,1%
0,5%
0,2%
Netherlands
7,6%
5,8%
5%
6,8%
7,3%
Austria
1,9%
1,9%
2%
1,8%
1,6%
Poland
1,6%
2,3%
1,7%
1,5%
1,7%
Portugal
0,9%
0,7%
0,4%
1%
0,5%
Romania
0,2%
0,2%
0%
0,4%
0,3%
Slovenia
0,2%
0,1%
0,2%
0,2%
0,2%
Slovakia
0,3%
0,5%
0,1%
0,1%
0,3%
Finland
0,4%
0,6%
1%
1,1%
1,1%
Sweden
1,3%
1,3%
1,2%
1%
0,8%
United Kingdom
9,2%
11,5%
10,2%
9,6%
9,9%
Third countries
5,9%
4,2%
3,5%
4,1%
4%
Undeclared
0,9%
2,2%
5,5%
7,1%
12,2%
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11.
Geographic distribution of the applicants (confirmatory applications)
Country
2011
2012
2013
2014
2015
Belgium
23,1%
38,1%
26,1%
27,6%
38,9%
Bulgaria
0%
0%
0%
0%
0%
Croatia
0%
0%
4,3%
3,4%
0%
Czech Republic
0%
0%
0%
0%
0%
Denmark
3,9%
0%
0%
3,5%
0%
Germany
19,2%
19%
21,7%
6,9%
16,7%
Estonia
0%
0%
0%
0%
0%
Greece
0%
0%
0%
0%
5,5%
Spain
3,8%
0%
0%
0%
0%
France
7,7%
9,5%
4,4%
6,9%
5,6%
Ireland
0%
0%
0%
3,5%
0%
Italy
7,7%
0%
4,4%
3,4%
0%
Cyprus
0%
0%
0%
0%
0%
Latvia
0%
0%
0%
0%
0%
Lithuania
0%
0%
0%
0%
0%
Luxembourg
0%
0%
0%
0%
0%
Hungary
0%
0%
0%
0%
0%
Malta
0%
0%
0%
0%
0%
Netherlands
7,7%
4,8%
8,7%
6,9%
11,1%
Austria
0%
0%
0%
6,9%
0%
Poland
0%
0%
4,3%
0%
0%
Portugal
0%
0%
0%
0%
0%
Romania
0%
0%
0%
0%
0%
Slovenia
0%
0%
0%
0%
0%
Slovakia
0%
0%
0%
0%
0%
Finland
0%
0%
4,4%
6,9%
0%
Sweden
0%
0%
0%
0%
0%
United Kingdom
23,1%
14,3%
4,4%
20,7%
11,1%
Third countries
3,8%
0%
4,3%
0%
0%
Undeclared
0%
14,3%
13%
3,4%
11,1%
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12.
Policy area of requested documents
Policy
2011
2012
2013
2014
2015
Agriculture, Fisheries
3,5%
5%
3%
4,9%
3,6%
Internal Market
8%
9,7%
11,7%
6,7%
8,3%
Research
0,4%
1%
2,1%
1,1%
0,1%
Culture
0,2%
0,7%
0,5%
0,4%
0,4%
Education/Youth
0,4%
0,2%
0,6%
0,5%
0,5%
Industry
0,1%
0%
0,4%
0,3%
0%
Competitiveness
1,4%
1,6%
1,1%
1,1%
0,4%
Energy
2,1%
2,7%
2%
1,3%
0,9%
Transport
1,5%
1,4%
2,6%
3,9%
3,3%
Environment
9,1%
7,6%
12,6%
13,1%
8%
Health and Consumer Protection
3,6%
3,5%
4,5%
6,1%
5,2%
Economic and Monetary Policy
5,9%
6,9%
8,7%
4%
8,5%
Tax Questions – Fiscal Issues
12,5%
6,7%
3,7%
4,2%
4,3%
External Relations – CFSP
12,8%
10,7%
8,1%
10,6%
12,7%
Civilian Protection
0%
0,6%
0,8%
0,6%
0,3%
Enlargement
1%
1,2%
0,4%
0,4%
0,6%
Defence and Military matters
2,2%
2,7%
2,5%
0,8%
1,4%
Assistance for Development
0,1%
0%
0,4%
0,1%
0%
Regional Policy and
Economical/Social Cohesion
0,1%
0,4%
0,1%
0,3%
0%
Social Policy
2,7%
3,9%
5,2%
5,1%
4,1%
Justice and Home Affairs
19,5%
18,1%
16,8%
23,4%
27,4%
Legal questions
3,1%
5,4%
5,1%
3,6%
2,2%
Functioning of the institutions
2,4%
2,4%
2,8%
2,8%
3,3%
Financing of the Union
(Budget, Statute)
0,2%
0,8%
0,4%
0,2%
0,1%
Transparency
0,3%
1,2%
0,5%
0,5%
0,5%
General policy questions
0,6%
0,7%
1,1%
1,8%
1,6%
Parliamentary Questions
3%
2,5%
0,7%
0,5%
1,1%
Various
0,2%
0,2%
0,1%
0,2%
0%
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13.
Exceptions used to refuse access (initial stage)
Exceptions foreseen in
2011
2012
2013
2014
2015
regulation 1049/2001
#
%
#
%
#
%
#
%
#
%
Protection of public
interest as regards public
93
8,9%
64
5,8%
58
3,8%
35
2%
47
3,6%
security
Protection of public
interest as regards defence
15
1,4%
18
1,6%
9
0,6%
3
0,2%
22
1,7%
and military matters
Protection of public
interest as regards
221 21,2% 226 20,5% 375
24,7% 455 25,8% 244 18,7%
international relations
Protection of public
interest as regards the
financial, monetary or
economic policy of the
11
1,1%
0
0%
4
0,3%
0
0%
28
2,2%
Community or a Member
State
Protection of privacy and
the integrity of the
individual (protection of
2
0,2%
2
0,2%
2
0,1%
3
0,2%
3
0,2%
personal data)
Protection of commercial
interests of a natural or
legal person, including
0
0%
0
0%
1
0,1%
1
0%
0
0%
intellectual property
Protection of court
proceedings and legal
10
1%
7
0,6%
7
0,5%
13
0,7%
11
0,8%
advice
Protection of the purpose
of inspections,
0
0%
0
0%
0
0%
0
0%
0
0%
investigations and audits
Protection of the
Institution's decision-
426 40,9% 455 41,3% 556 36,7% 379 21,5% 587
45%
making process
Several reasons together or
other reasons
264 25,3% 330
30%
503 33,2% 871 49,4% 362 27,8%
Document not held by the
Council/Other author
0
0%
0
0%
0
0%
4
0,2%
0
0%
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14.
Exceptions used to refuse access (confirmatory applications)
Exceptions foreseen in
2011
2012
2013
2014
2015
regulation 1049/2001
#
%
#
%
#
%
#
%
#
%
Protection of public interest
as regards public security
3
15,8%
0
0%
0
0%
1
0,4%
2
3%
Protection of public interest
as regards defence and
0
0%
0
0%
0
0%
0
0%
0
0%
military matters
Protection of public interest
as regards international
15
78,9%
2
3,9%
20
69%
35
14,6%
23
34,9%
relations
Protection of public interest
as regards the financial,
monetary or economic
0
0%
0
0%
0
0%
0
0%
0
0%
policy of the Community or
a Member State
Protection of privacy and
the integrity of the
individual (protection of
0
0%
0
0%
0
0%
0
0%
0
0%
personal data)
Protection of commercial
interests of a natural or
legal person, including
0
0%
0
0%
0
0%
0
0%
0
0%
intellectual property
Protection of court
proceedings and legal
0
0%
1
2%
0
0%
3
1,2%
0
0%
advice
Protection of the purpose of
inspections, investigations
0
0%
0
0%
0
0%
0
0%
0
0%
and audits
Protection of Institution's
decision-making process
0
0%
1
2%
1
3,4%
0
0%
0
0%
Several reasons together or
other reasons
1
5,3%
47
92,1%
8
27,6% 201 83,8%
41
62%
Document not held by the
Council/other author
0
0%
0
0%
0
0%
0
0%
0
0%
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15.
Exceptions used to justify partial access (initial stage)
Exceptions foreseen in
2011
2012
2013
2014
2015
regulation 1049/2001
#
%
#
%
#
%
#
%
#
%
Protection of public
interest as regards public
49
4,4%
44
4,8%
28
3,2%
35
4,6%
33
3%
security
Protection of public
interest as regards defence
1
0,1%
2
0,2%
5
0,6%
2
0,3%
5
0,4%
and military matters
Protection of public
interest as regards
323 29,3% 174 18,8%
57
6,6%
184
24%
105
9,6%
international relations
Protection of public
interest as regards the
financial, monetary or
economic policy of the
0
0%
0
0%
1
0,1%
0
0%
2
0,2%
Community or a Member
State
Protection of privacy and
the integrity of the
individual (protection of
35
3,2%
125 13,5%
46
5,3%
64
8,3%
317
29%
personal data)
Protection of commercial
interests of a natural or
legal person, including
0
0%
0
0%
0
0%
2
0,3%
0
0%
intellectual property
Protection of court
proceedings and legal
58
5,2%
18
1,9%
32
3,7%
57
7,4%
22
2%
advice
Protection of the purpose
of inspections,
0
0%
0
0%
0
0%
0
0%
0
0%
investigations and audits
Protection of the
Institution's decision-
422 38,3% 334 36,1% 525 60,5% 180 23,5% 295
27%
making process
Several reasons together or
other reasons
215 19,5% 228 24,7% 173
20%
242 31,6% 315
29%
Document not held by the
Council/Other author
0
0%
0
0%
0
0%
0
0%
0
0%
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16.
Exceptions used to justify partial access (confirmatory stage)
Exceptions foreseen in
2011
2012
2013
2014
2015
regulation 1049/2001
#
%
#
%
#
%
#
%
#
%
Protection of public
interest as regards public
1
6,7%
3
13%
1
3,5%
0
0%
1
2%
security
Protection of public
interest as regards defence
0
0%
0
0%
0
0%
0
0%
0
0%
and military matters
Protection of public
interest as regards
6
40%
2
8,7%
0
0%
95
72%
12
31,6%
international relations
Protection of public
interest as regards the
financial, monetary or
economic policy of the
0
0%
0
0%
1
3,5%
0
0%
0
0%
Community or a Member
State
Protection of privacy and
the integrity of the
individual (protection of
0
0%
1
4,4%
1
3,4%
2
1,5%
1
2,6%
personal data)
Protection of commercial
interests of a natural or
legal person, including
0
0%
0
0%
0
0%
1
0,7%
0
0%
intellectual property
Protection of court
proceedings and legal
1
6,7%
1
4,4%
5
17,2%
0
0%
0
0%
advice
Protection of the purpose
of inspections,
0
0%
0
0%
0
0%
0
0%
0
0%
investigations and audits
Protection of Institution's
decision-making process
2
13,3%
1
4,3%
15
51,7%
3
2,3%
0
0%
Several reasons together or
other reasons
5
33,3%
9
65,2%
6
20,7%
31
23,5%
24
63,2%
Document not held by the
Council/other author
0
0%
0
0%
0
0%
0
0%
0
0%
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17.
Number of documents (all language versions) referred to in the public register and
number of public documents
2011
2012
2013
2014
2015
1 583 636
1 760 045
1 962 312
1 729 944 1 337 933
(77%)
1 915 737 1 480 557
(77%)
2 076 220
2 273 581
2 492 257
(76%)
(77%)
(78%)
18.
Number of documents added to in the public Register in 2015
Public upon
circulation
LIMITE
LIMITE made public
upon request
Others
Legislative
3 115
5 555
4 683
0
Non legislative
16 391
8 846
4 080
382
19.
Average number of working days to reply to a request for access to documents or to a
complaint made to the European Ombudsman
2011
2012
2013
2014
2015
For the initial
16
16
18
17
16
applications
(2 116
(1 871
(2 212
(2 443
(2 784
requests)
requests)
requests)
requests)
requests)
For the confirmatory
29
28
26
27
29
applications
(27 appl)
(23 appl)
(25 appl)
(40 appl)
(24 appl)
Pondered average
(initial + confirmatory)
16,16
16,15
18,09
17,16
16,11
Ombudsman
32
64
0
12
168
20. Number of applications with extended deadline - Art 7(3) and 8(2)
2011
2012
2013
2014
2015
Initial
513 of 2 116,
452 of 1 871,
587 of 2 212,
589 of 2 445,
671 of 2 784
applications
24,2%
24,2%
26,5%
24,1%
24,1%
Confirmatory
applications
24 (of 27)
20 (of 23)
21 (of 25)
39 (of 40)
22 (of 24)
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