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Document 32004D0003(01)

Public access to European Central Bank documents

Date of last review:
02/07/2021
Initial creation date:
30/07/2021
Summary code:
  • 01.05.01.06 European Central Bank (ECB)
  • 01.05.01.10 Access to documents and data protection
EUROVOC descriptor:
Directory code:
Summarised document(s):
Author:
Publications Office of the European Union
Responsible entity(ies):
European Central Bank

Public access to European Central Bank documents

SUMMARY OF:

Decision 2004/258/EC of the European Central Bank on public access to the Bank’s documents (ECB/2004/3)

WHAT IS THE AIM OF THE DECISION?

It sets out the conditions and limits according to which the European Central Bank (ECB) gives access to its documents to the public.

KEY POINTS

Any European Union (EU) citizen and any natural or legal person residing, or with a registered office, in an EU Member State has the right to access ECB documents1, subject to certain limits and conditions.

Furthermore, the ECB, subject to the same conditions and limits, may grant access to its documents to any natural or legal person not residing or not having its registered office in a Member State.

The ECB refuses access to a document when disclosure would undermine the protection of:

  • public interest, notably
    • confidentiality of the proceedings of the ECB’s decision-making bodies
    • financial, monetary or economic policy of the EU or a Member State
    • internal finances of the ECB or national central banks
    • protection of euro banknotes
    • public security
    • international financial, monetary or economic relations
    • stability of the EU’s or a Member State’s financial system
    • EU or a Member State’s prudential supervision of credit and other financial institutions
    • supervisory inspections
    • soundness and security of financial market infrastructure, payment schemes or payment service providers;
  • an individual’s privacy and integrity;
  • confidentiality of information protected under EU law.

Additionally, the ECB refuses access to a document, unless there is an overriding public interest, if disclosure would undermine:

  • the commercial interests of a natural or legal person, including intellectual property;
  • court proceedings and legal advice;
  • inspections, investigations and audits.

If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document are released.

The grounds for refusing access apply only as long as protection is justified based on the document’s content, and at most for 30 years, unless the ECB Governing Council decides otherwise.

National central banks, in possession of an ECB document, consult the ECB, or ask it to handle the request, before granting access to it.

Requests for access to an ECB document are to be sent to the ECB in any written form in an official EU language, and sufficiently precise to enable the ECB to identify the relevant document. No explanation is required.

The ECB contacts the requester for further information if the request is unclear or covers a very long document, or several separate documents.

An ECB decision concerning the access to its documents is taken within 20 working days. It can either grant access or partially or totally refuse the requested access to the document. In the latter case, the applicant may, within 20 working days of receiving the ECB’s reply, make a confirmatory application asking the ECB’s Executive Board to reconsider its position. Unsuccessful applicants may bring the matter before the European Ombudsman or the Court of Justice of the European Union.

Applicants may consult documents to which the ECB has granted access either at its premises, or by receiving a copy or by receiving information on how to easily obtain them.

Repeal

The decision repeals Decision ECB/1998/12.

FROM WHEN DOES THE DECISION APPLY?

It has applied since .

BACKGROUND

The Treaty on European Union enshrines the principle of openness in Article 1 to enhance the EU’s legitimacy, effectiveness and accountability. In 2001, the European Parliament, Council and Commission adopted legislation on public access to documents (Regulation (EC) No 1049/2001 — see summary).

Providing access to documents is an essential part of the ECB’s transparency policy. In line with the ECB’s commitment to openness and transparency, and to enable and facilitate research, the ECB has created a Public Register of Documents containing documents that have already been released by the ECB and documents released in response to public access requests.

KEY TERMS

  1. Document: any content, whatever its medium (written on paper, or stored in electronic form or as a sound, visual or audiovisual recording), drawn up or held by the ECB and relating to its policies, activities or decisions.

MAIN DOCUMENT

Decision 2004/258/EC of the European Central Bank of on public access to European Central Bank documents (ECB/2004/3) (OJ L 80, , pp. 42-44)

Successive amendments to Decision 2004/258/EC have been incorporated into the original text. This consolidated version is of documentary value only.

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