91998E2676

WRITTEN QUESTION E-2676/98

by Gerhard Hager (NI) to the Commission

(1 September 1998)

Subject: Transparency and openness in the sphere of justice and home affairs

When they met within the Council in March 1998, the Ministers responsible for justice and home affairs issued a statement on openness and transparency. The object was to make details of measures more readily and rapidly accessible, provide regular exhaustive information to the Press, and organise open Council debates. In addition, the national parliaments were to be briefed at an earlier stage.

1. To what extent and in what way is the Commission involved in implementing the above statement? How far has the work progressed?

2. How will information (for the public and Press) be made more easily accessible?

3. What will be done to involve the national parliaments earlier in the day?

4. According to reports, the British Presidency, in collaboration with the Commission, drew up an exact list of legislation constituting the third pillar acquis, which is now to be used as a basis for the accession negotiations. Would it not be conducive to transparency to publish the list? If so, when can the list be supplied?

Answer given by Mrs Gradin on behalf of the Commission

(12 October 1998)

The statement to which the Honourable Member refers binds only the Council. However the Commission is also naturally committed to the principles of openness and transparency.

1. As early as 1994, the Commission adopted Decision 94/90/ECSC,EC,Euratom of 8 February 1994 on public access to Commission documents(1) to grant wide access to internal Commission documents. This act applies to all areas of Commission action, including justice and home affairs (JHA). The press and individual citizens make regular use of this provision to obtain documents on JHA matters. There is a period of one month within which the Commission must process any such requests and there are very limited reasons for which access cannot be granted, such as the protection of public interest, or individual privacy.

2. The Commission is currently preparing a website to further enhance access by the public to work in this field and allow for regular updates on new initiatives. The website will be accessible through the Europa-server.

3. The Commission is committed to close co-operation with the Parliament on the basis of Article K.6 of the Treaty on European Union which is also considered the appropriate way of ensuring transparency toward national parliaments. Any action proposals established by the Commission in the JHA field are routinely addressed to the Parliament, and as a matter of routine the Commission suggests to each Presidency that the Parliament be informed of any further legislative development.

4. The Honourable Member is reminded that the report containing the third pillar acquis is a Council document and a request to allow for its publication would have to be addressed to that institution.

(1) OJ L 46, 18.2.1994.