1.   Within the framework and limits of the provisions laid down in this Decision and of international standards governing the confidentiality of audit information, any citizen of the Union, and any other natural or legal person residing or having its registered office in a Member State, has a right of access to documents held by the ECA.

2.   Subject to the same principles, conditions and limits, the ECA may grant access to documents to any natural or legal person not residing or not having its registered office in a Member State.

3.   This Decision shall be without prejudice to rights of public access to documents held by the ECA which might derive from instruments of international law or acts implementing them.

1.   The ECA shall refuse access to a document where disclosure would undermine the protection of:

2.   In accordance with the confidentiality rules laid down in Articles 258(1) and 259(1) of Regulation (EU, Euratom) 2018/1046, and in corresponding provisions in other instruments of EU law, the ECA shall refuse access to its preliminary audit observations. It may also refuse access to documents used in the preparation of those observations.

3.   The ECA shall refuse access to a document where disclosure would undermine the protection of:

4.   Access to the following documents shall be refused if their disclosure would seriously undermine decision-making by the ECA:

5.   Notwithstanding the exceptions set out in paragraphs 2, 3 and 4, the ECA shall decide to allow access to a document, in whole or in part, where there is an overriding public interest in its disclosure.

6.   The overriding public interest used to justify disclosure must be both objective and general in nature. The person alleging the existence of an overriding public interest shall state which specific circumstances justify disclosure of the documents concerned.

7.   If only parts of the requested document are covered by any of the exceptions in this article, the remaining parts of the document shall be released. Partial access may entail, for instance, data minimisation (anonymisation or pseudonymisation of content), blackening or deletion of some content or removal or one or more pages of the document.

8.   The exceptions in this article shall apply without prejudice to the provisions on public access to the historical archives of the European Economic Community and the European Atomic Energy Community laid down in Council Regulation (EEC, Euratom) No 354/83 (7), as further amended.

9.   This Article shall apply without prejudice to the provisions of Article 5.

1.   Where an application for access to documents concerns a document held by the ECA but of which it is not the author, the ECA shall confirm receipt of the application and supply the name of the person, institution or body to whom the application must be addressed.

2.   Where a document was created jointly with another third party, the ECA shall consult the third party before taking a decision.

1.   ‘Sensitive’ or ‘EU classified’ ECA documents are documents classified as such in accordance with the ECA Information Classification Policy or with Decision No 41/2021, respectively.

2.   Applications for access to such documents shall be handled only by ECA staff who have a right to acquaint themselves with these documents. The same persons shall also assess whether reference to ‘sensitive’ or ‘EU classified’ ECA documents can be made when replying to applications for access to documents.

3.   Access to ‘sensitive’ and ‘EU classified’ ECA documents can only be granted after declassification. If the ECA decides to refuse access to such documents, it shall give the reasons for its decision in a way which does not harm the interests protected in Article 4.

1.   Applications for access to documents must be made in writing, preferably using the contact form (8) available on the ECA website, in one of the official languages of the Union. In exceptional circumstances, applications for access to documents can be sent by post.

2.   Applications for access to documents must be sufficiently precise and shall contain, in particular, elements enabling identification of the requested document(s) and the applicant’s name and contact details.

3.   Applicants shall not be obliged to give reasons for their applications.

4.   Where an application is not sufficiently precise, or if the requested documents cannot be identified, the ECA shall ask the applicant to clarify the application and shall assist the applicant in doing so.

5.   The time limits provided in Article 8 shall not start to run until the ECA has received the requested clarifications.

6.   Where an application relates to a very long document or to a very large number of documents, the ECA may confer with the applicant informally with a view to finding an appropriate solution.

1.   Applications for access to documents shall be dealt with by the ECA-Info team.

2.   Applicants shall be sent an acknowledgement of receipt without delay.

3.   Depending on the subject matter of the application, the ECA-Info team shall consult the department concerned, and, where applicable, the Data Protection Officer and/or the Information Security Officer, with a view to deciding how to handle the application. The authority empowered to decide on the reply to be given to an initial application for access to a document shall be the Secretary-General, who may delegate this power.

4.   Within a maximum of one month of registering an application, the ECA shall either grant access to the requested document, as described in Article 11, or reply in writing, indicating the reasons for the total or partial refusal, and informing the applicant of his/her right to have the ECA reconsider its position as described in Article 9.

5.   Where an application relates to a very long document or to a very large number of documents, or requires internal consultations or consultation of third parties, the time limit indicated in paragraph 4 may be extended by one month, provided that the applicant is notified in advance and that reasons are given.

6.   In the event that ECA staff members receive personally an application for access to documents, they shall forward it without delay to the ECA-Info team.

1.   In the event of a total or partial refusal, the applicant may, within one month of receiving the ECA’s reply, make a confirmatory application to the President of the ECA, in which it asks the ECA to reconsider its position.

2.   Failure by the ECA to reply within the time limits prescribed in Article 8 shall also entitle the applicant to ask for reconsideration.

3.   Confirmatory applications shall be subject to the same requirements as set out in Article 7 for initial applications.

1.   On receiving a confirmatory application, the President of the ECA shall consult the Legal Service and, depending on the subject matter of the application, the department concerned and, where applicable, the Data Protection Officer and/or the Information Security Officer.

2.   Within a maximum of one month of registering a confirmatory application, the ECA shall either grant access to the requested document, as described in Article 11, or reply in writing, indicating the reasons for the total or partial refusal.

3.   In the event of a total or partial refusal, the ECA shall inform the applicant of the remedies open to him or her, namely instituting court proceedings against the ECA and/or making a complaint to the Ombudsman, under Articles 263 and 228 TFEU respectively.

4.   In exceptional cases, for example, where the application relates to a very long document or to a very large number of documents, or requires internal consultations or consultation of third parties, the time given in paragraph 2 may be extended by one month, provided that the applicant is notified in advance and that reasons are given.

5.   Failure by the ECA to reply within the time limits prescribed above shall be considered a negative reply and shall entitle the applicant to make use of the remedies referred to in paragraph 3.

1.   Documents shall be supplied in an already existing version and format (preferably electronically using means approved by the ECA to guarantee information security), having regard to the applicant’s preference. The ECA is not obliged to create a new document or compile information for the applicant.

2.   If documents are voluminous or difficult to handle, the applicant may be invited to consult them on the spot at a date and time agreed with the ECA.

3.   The cost of producing and sending copies may be charged to the applicant, but may not exceed the costs actually incurred. Consultation on the spot, copies of fewer than 20 A4 pages and direct access in electronic form shall be free of charge.

4.   If a document is publicly accessible, the ECA may fulfil its obligation of granting access by informing the applicant how to obtain it.

1.   Documents released in accordance with this Decision shall not be reproduced or exploited for commercial purposes without the ECA’s prior written authorisation.

2.   This Decision shall be without prejudice to any rules on copyright which may limit a third party’s right to reproduce or exploit released documents, and to ECA Decision No 6-2019.

1.   To make citizens’ rights under this Decision effective, the ECA’s website includes a transparency portal.

2.   Documents referred to in the transparency portal shall, wherever possible, be directly accessible through hyperlinks.

1.   Decision No 12-2005 of the Court of Auditors of 10 March 2005 is hereby repealed.

2.   This Decision shall be published in the Official Journal of the European Union.

3.   It shall enter into force on the day of its publication in the Official Journal of the European Union.