EUR-Lex - 32003H0054 - EN Avis juridique important | 32003H0054 Council Recommendation of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control Official Journal L 022 , 25/01/2003 P. 0031 - 0034 Council Recommendationof 2 December 2002on the prevention of smoking and on initiatives to improve tobacco control(2003/54/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152(4), second subparagraph thereof,Having regard to the proposal from the Commission(1),Whereas:(1) Article 152 of the Treaty stipulates that Community action, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health.(2) The resolution of the Council and the Ministers for Health of the Member States, meeting within the Council of 18 July 1989 on banning smoking in places open to the public(2), provided guidelines to the Member States for the protection of non-smokers from environmental tobacco smoke. Following a Report from the Commission on the response from the Member States to this initiative(3), the present recommendation reinforces such protection and identifies particularly vulnerable groups.(3) The Council Resolution of 26 November 1996 on the reduction of smoking in the European Community(4) recognised the need for the development of an effective strategy on combating tobacco consumption, which includes certain of the elements contained in this recommendation.(4) The Council Conclusions of 18 November 1999 on combating tobacco consumption(5) underlined the necessity for developing an overall strategy, which includes some of the measures outlined in the present recommendation for the protection of minors (rules for selling conditions, sales through electronic means and vending machines).(5) The Council Resolution of 29 June 2000 on action on health determinants(6) took note of the results of the debates held at the European Conference on health determinants in the European Union held at Evora on 15 and 16 March 2000, which placed particular emphasis, inter alia, on tobacco and which recommended a series of practical and targeted steps to address the challenges in these areas.(6) The recommended actions are necessary against a background of 500000 smoking related deaths annually in the European Community and a worrying increase in the number of children and adolescents who take up smoking. Smoking is damaging human health, as smokers become addicted to nicotine and suffer fatal and disabling diseases such as cancers of the lung and other organs, ischaemic heart disease and other circulatory diseases, and respiratory diseases such as emphysema.(7) Smoking prevention and tobacco control are already priority objectives in the public health policies of Member States and the European Community. Nevertheless, smoking remains the biggest form of preventable death in the European Union, and progress in reducing tobacco consumption and smoking incidence is still disappointing. Moreover, the advertising, marketing, and promotion strategies used by the tobacco industry foster tobacco consumption, thereby increasing the already high mortality and morbidity caused by the use of tobacco products. Some of these strategies appear to be targeting young people in their educational years, in order to replace the large number of smokers who die annually. It is in fact established that 60 % of smokers start the habit before 13 years of age, and 90 % before 18.(8) Through the Europe Against Cancer programme(7), the European Community has set as one of its objectives a contribution to the improvement of the health of its citizens by reducing the number of cases of cancer and other diseases related to smoking.(9) Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the manufacture, presentation and sale of tobacco products(8) and the proposal for a Directive on advertising and sponsorship of tobacco products(9) deal with tobacco control in the context of the completion and consolidation of the internal market and the abolition of obstacles to its smooth operation, while taking as a basis a high level of public health protection.(10) Certain measures that should be part of a comprehensive tobacco control policy, such as a prohibition of billboard and poster advertising, or of advertising in cinemas, cannot presently be subject to harmonisation under the Community internal market rules in a separate tobacco measure.(11) All the above facts highlight the need for a comprehensive approach towards tobacco control, with a view to reducing the incidence of smoking-induced diseases in the Community.(12) In the context of a comprehensive tobacco control policy, it is essential to adopt measures aimed particularly at reducing demand for tobacco products by children and adolescents. Such measures may include actions aimed at reducing the supply of tobacco to children and adolescents, and at prohibiting certain kinds of advertising, marketing and promotion strategies for tobacco products, taking into account that such strategies impact indiscriminately on young people and other age groups.(13) Certain forms of sales and distribution of tobacco products facilitate the access by children and adolescents to these products, and should therefore be regulated by Member States.(14) Given that vending machines are visible to consumers and non-consumers alike, they should not carry advertising other than what is strictly necessary for indicating the products sold.(15) Two other important measures at European Community level address the advertising and the sponsorship of tobacco products. The 1989 Television Without Frontiers Directive(10) bans all forms of television advertising for tobacco products and provides that television programmes may not be sponsored by natural or legal persons whose principal activity is the manufacture or sale of tobacco products. The current proposal for a Directive on advertising and sponsorship of tobacco products foresees a ban of tobacco advertising in the press and in other printed publications, in the radio and through information society services. This proposal also foresees a ban on sponsorship by tobacco companies of radio programmes, and of events involving or taking place in several Member States or otherwise having cross-border effects.(16) This recommendation addresses other types of advertising, marketing and promotion practices used by the industry to promote tobacco consumption, which can indiscriminately reach children and adolescents. Such practices include the use of tobacco brand names on non-tobacco products or services (brand-stretching) and/or clothes (merchandising), the use of promotional items (such as ordinary objects like ashtrays, lighters, parasols and other similar objects) and of tobacco samples, the use and communication of sales promotion (such as a discount, a free gift, a premium or an opportunity to participate in a promotional contest or game), the use of billboards, posters and other indoor or outdoor advertising techniques (such as advertising on tobacco vending machines), the use of tobacco advertising in cinemas, as well as any other forms of advertising, sponsorship or practices directly or indirectly addressed to promote tobacco products. In fact, Member States authorities should adopt appropriate legislative and/or administrative measures specifically to prohibit, in accordance with national constitutions or constitutional principles, such activities, which constitute means of promoting tobacco products while circumventing bans on direct tobacco advertising already in force for certain media.(17) The World Health Organisation and the World Bank recommend that countries prohibit all forms of tobacco advertising and promotion. In cases where only certain forms of direct tobacco advertising are prohibited, the tobacco industry frequently shifts its advertising expenditure to other marketing, sponsorship and promotion strategies, using creative and indirect ways to promote tobacco products, especially with young people. In this way, the effect of partial advertising bans on tobacco consumption may be limited. Moreover, the World Bank has concluded that advertising increases cigarette consumption and that legislation banning advertising would reduce consumption provided that it is comprehensive, covering all media and uses of brand names and logos. Such a reduction in cigarette consumption would have immediate short-term and long-term benefits for public health. Information on the global expenditure of the tobacco industry on the promotion of tobacco products is therefore an important prerequisite for monitoring the effectiveness of tobacco control policies from a public health perspective. Such information makes it possible to determine whether restrictions imposed are being circumvented, particularly by the diversion of budgets towards new or unrestricted forms of promotion. Regular declaration of such expenditure should be required of the tobacco industry.(18) Given the health risks associated with passive smoking, Member States should aim to protect smokers and non-smokers from environmental tobacco smoke.(19) Member States should continue developing strategies and measures to reduce the prevalence of smoking, such as strengthening health education programmes to improve understanding of the risks of smoking as well as other prevention programmes to discourage smoking.(20) The World Health Organisation's Framework Convention on Tobacco Control, which is currently being negotiated, addresses many of the issues dealt with in the present recommendation. It is therefore important to ensure that the measures contained in this recommendation are consistent with the draft elements of the FCTC presently under discussion,HEREBY RECOMMENDS THAT MEMBER STATES:1. adopt appropriate legislative and/or administrative measures in accordance with national practices and conditions to prevent tobacco sales to children and adolescents, including, inter alia:(a) requiring vendors of tobacco products to establish that tobacco purchasers have reached the age for purchase of such products required in national law, where such an age limit exists,(b) removing tobacco products from self-service displays in retail outlets,(c) restricting the access to tobacco vending machines to locations accessible to persons over the age set for purchase of tobacco products in national law, where such an age limit exists, or otherwise regulating the access to the products sold through such machines in an equally effective way,(d) restricting tobacco distance sales for general retail, such as sales via the Internet, to adults by using adequate technical means,(e) prohibiting the sale of sweets and toys intended for children and manufactured with the clear intention that the product and/or packaging would resemble in appearance a type of tobacco product,(f) prohibiting the sale of cigarettes individually or in packets of fewer than 19 cigarettes;2. adopt appropriate legislative and/or administrative measures to prohibit, in accordance with national constitutions or constitutional principles, the following forms of advertising and promotion:(a) the use of tobacco brand names on non-tobacco products or services,(b) the use of promotional items (ashtrays, lighters, parasols, etc.) and tobacco samples,(c) the use and communication of sales promotion, such as a discount, a free gift, a premium or an opportunity to participate in a promotional contest or game,(d) the use of billboards, posters and other indoor or outdoor advertising techniques (such as advertising on tobacco vending machines),(e) the use of advertising in cinemas, and(f) any other forms of advertising, sponsorship or practices directly or indirectly addressed to promote tobacco products;3. adopt appropriate measures, by introducing legislation or by other methods in accordance with national practices and conditions, in order to require manufacturers, importers and large-scale traders in tobacco products and in products and services bearing the same trademark as tobacco products to provide Member States with information concerning the expenditure they incur on advertising, marketing, sponsorship and promotion campaigns not prohibited under national or Community legislation;4. implement legislation and/or other effective measures in accordance with national practices and conditions at the appropriate governmental or non-governmental level that provide protection from exposure to environmental tobacco smoke in indoor workplaces, enclosed public places, and public transport. Priority consideration should be given to, inter alia, educational establishments, health care facilities and places providing services to children;5. continue developing strategies and measures to reduce the prevalence of smoking, such as strengthening overall health education, particularly in schools, and general programmes to discourage the initial use of tobacco products and to overcome tobacco addiction;6. make full use of young people's contributions to youth health-related policies and actions, especially in the field of information, and encourage specific activities which are initiated, planned, implemented and evaluated by young people;7. adopt and implement appropriate price measures on tobacco products so as to discourage tobacco consumption;8. implement all necessary and appropriate procedures to verify compliance with the measures set out in this recommendation;9. inform the Commission every two years of action taken in response to this recommendation,HEREBY INVITES THE COMMISSION:1. to monitor and assess the developments and the measures undertaken in the Member States and at Community level;2. to report on the implementation of the proposed measures, on the basis of the information provided by Member States, not later than one year after receipt of Member States' information submitted in accordance with this recommendation;3. to consider the extent to which the measures set out in this recommendation are working effectively, and to consider the need for further action, particularly if internal market disparities are identified in the areas covered by this recommendation.Done at Brussels, 2 December 2002.For the CouncilThe PresidentB. Bendtsen(1) Proposal of 18 June 2002 (not yet published in the Official Journal).(2) OJ C 189, 26.7.1989, p. 1.(3) COM(96) 573 final.(4) OJ C 374, 11.12.1996, p. 4.(5) OJ C 86, 24.3.2000, p. 4.(6) OJ C 218, 31.7.2000, p. 8.(7) OJ L 95, 16.4.1996, p. 9.(8) OJ L 194, 18.7.2001, p. 26.(9) OJ C 270, 25.9.2001, p. 97.(10) OJ L 298, 17.10.1989, p. 23.

Summary: Preventing smoking Preventing smoking SUMMARY OF: Council recommendation on preventing smoking and on initiatives to improve tobacco control SUMMARY WHAT DOES THE RECOMMENDATION DO? It urges EU countries to apply a series of legislative and/or other measures to discourage people, particularly the young, from taking up smoking. These include controls on the sale of tobacco and on its advertising and promotion. KEY POINTS To prevent tobacco sales to children and adolescents, EU countries are urged to: require people selling tobacco products to verify their customers are not under age; ensure the removal of tobacco products from self-service displays in shops; restrict access to tobacco vending machines to people under age; limit access to distance sales, via the internet for example, to adults; ban the sale of children’s sweets and toys that resemble tobacco products; ban the sale of cigarettes individually or in packets of fewer than 19. To curb tobacco advertising and promotional activities, EU countries are urged to ban the use of: tobacco brand names on non-tobacco products and services; promotional items such as ashtrays, lighters, parasols and tobacco samples; discounts, free gifts, premiums or opportunities to participate in a tobacco-related promotional game or contest; billboards, posters and other forms of indoor and outdoor advertising of tobacco or related products; advertising of tobacco or related products in cinemas; other direct or indirect forms of advertising and sponsorship for tobacco products. EU countries are also urged to: require manufacturers, importers and large-scale traders to inform them of the amount of money they spend on advertising, marketing, sponsorship and promotions; act against the effects of passive smoking in indoor workplaces, enclosed public places and public transport. Priority should be given to educational, health care and children centres; continue to develop anti-smoking strategies, particularly through health education; involve young people in anti-smoking activities; use pricing policy to discourage tobacco consumption; verify the measures in place are being implemented; inform the European Commission every 2 years of the measures they have taken. The Commission is urged to: monitor and assess the measures taken; produce a report within a year of receiving the national information; consider whether any further action is necessary. The Commission has taken various initiatives to promote smoking prevention. These include campaigns, such as ‘Ex-Smokers are Unstoppable’, and phasing out subsidies to tobacco producers. Binding legislation, adopted in 2003 (Directive 2003/33/EC) and replaced in 2014 (Directive 2014/40/EU), sets out EU-wide requirements on the manufacture, presentation and sale of tobacco and similar products, such as electronic cigarettes. In 2009, a further recommendation urged EU countries to step up measures to protect people from passive smoking at work, public places and public transport. BACKGROUND A quarter (26 %) of Europeans smoke. Smoking is the largest single cause of preventable death and disease in the EU with some 700 000 smoking-related deaths every year. For more information, see Tobacco policy on the European Commission’s website. ACT Council Recommendation of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control (OJ L 22, 25.1.2003, pp. 31-34) RELATED ACTS Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (OJ L 152, 20.6.2003, pp. 16-19). Subsequent amendments to Directive 2003/33/EC have been incorporated into the basic text. This consolidated version is of documentary value only. Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, pp. 1-38). See consolidated version. Council Recommendation of 30 November 2009 on smoke-free environments(OJ C 296, 5.12.2009, pp. 4-14) last update 03.05.2016


EUR-Lex - 32002H0413 - EN Avis juridique important | 32002H0413 Recommendation of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe Official Journal L 148 , 06/06/2002 P. 0024 - 0027 Recommendation of the European Parliament and of the Councilof 30 May 2002concerning the implementation of Integrated Coastal Zone Management in Europe(2002/413/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social Committee(1),Having regard to the opinion of the Committee of the Regions(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The coastal zone is of great environmental, economic, social, cultural and recreational importance to Europe.(2) Coastal zones possess a unique biodiversity in terms of flora and fauna.(3) Chapter 17 of Agenda 21, adopted at the United Nations Conference on Environment and Development summit in Rio in June 1992, should be taken into account.(4) The 1999 assessment report of the European Environment Agency indicates a continuing degradation of conditions in the coastal zones of Europe as regards both the coasts themselves and the quality of coastal water.(5) Community coastal zones are further threatened by the effects of climate change, in particular rising sea levels, changes in storm frequency and strength, and increased coastal erosion and flooding.(6) Population growth and the development of economic activities are increasingly threatening for both the environmental and social equilibria of coastal zones.(7) The decline of fishing activity and related employment makes many fisheries-dependent areas particularly vulnerable.(8) Existing regional disparities in the Community affect the management and conservation of each coastal zone in a different way.(9) It is essential to implement an environmentally sustainable, economically equitable, socially responsible, and culturally sensitive management of coastal zones, which maintains the integrity of this important resource while considering local traditional activities and customs that do not present a threat to sensitive natural areas and to the maintenance status of the wild species of the coastal fauna and flora.(10) The Community promotes integrated management on a larger scale by means of horizontal instruments. These activities therefore contribute to integrated coastal zone management.(11) The Commission notes in its Communications(4) to the Council and the European Parliament that integrated management of the coastal zone requires strategic, coordinated and concerted action at the local and regional level, guided and supported by an appropriate framework at the national level.(12) The Commission's demonstration programme on integrated coastal zone management identifies principles of good coastal zone management.(13) There is a need to ensure coherent action a at European level, including cooperative action and consultation with regional seas organisations or international organisations, such as the International Maritime Organisation, to address cross-border coastal zone problems.(14) Council Resolution of 6 May 1994 on a Community strategy for integrated coastal zone management(5) and Council Resolution of 25 February 1992 on the future Community policy concerning the European coastal zone(6) both identify the need for concerted European action to implement integrated coastal zone management.(15) Since the Resolution of 6 May 1994 the European Union has experienced an increase in pressure on coastal resources, an increase in coastal population and an increase in near-shore and on-shore infrastructure.(16) An integrated coastal zone management involves multiple factors among which town and country planning and land use are only accessorily concerned.(17) In accordance with the subsidiarity and proportionality principles as set out in Article 5 of the Treaty, and with Protocol 7 to the Treaty of Amsterdam on the implementation of subsidiarity and proportionality, and given the diversity of conditions in the coastal zones and the legal and institutional frameworks in the Member States, the objectives of the proposed action can best be achieved by guidance at the Community level,HEREBY RECOMMEND THE FOLLOWING:CHAPTER IA strategic approachMember States take into account the sustainable development strategy and the Decision of the European Parliament and of the Council laying down the sixth Community environment action programme(7), and take a strategic approach to the management of their coastal zones, based on:(a) protection of the coastal environment, based on an ecosystem approach preserving its integrity and functioning, and sustainable management of the natural resources of both the marine and terrestrial components of the coastal zone;(b) recognition of the threat to coastal zones posed by climate change and of the dangers entailed by the rise in sea level and the increasing frequency and violence of storms;(c) appropriate and ecologically responsible coastal protection measures, including protection of coastal settlements and their cultural heritage;(d) sustainable economic opportunities and employment options;(e) a functioning social and cultural system in local communities;(f) adequate accessible land for the public, both for recreational purposes and aesthetic reasons;(g) in the case of remote coastal communities, maintenance or promotion of their cohesion;(h) improved coordination of the actions taken by all the authorities concerned both at sea and on land, in managing the sea-land interaction.CHAPTER IIPrinciplesIn formulating national strategies and measures based on these strategies, Member States should follow the principles of integrated coastal zone management to ensure good coastal zone management, taking into account the good practices identified, inter alia, in the Commission's demonstration programme on integrated coastal zone management. In particular, coastal zone management should be based on:(a) a broad overall perspective (thematic and geographic) which will take into account the interdependence and disparity of natural systems and human activities with an impact on coastal areas;(b) a long-term perspective which will take into account the precautionary principle and the needs of present and future generations;(c) adaptive management during a gradual process which will facilitate adjustment as problems and knowledge develop. This implies the need for a sound scientific basis concerning the evolution of the coastal zone;(d) local specificity and the great diversity of European coastal zones, which will make it possible to respond to their practical needs with specific solutions and flexible measures;(e) working with natural processes and respecting the carrying capacity of ecosystems, which will make human activities more environmentally friendly, socially responsible and economically sound in the long run;(f) involving all the parties concerned (economic and social partners, the organisations representing coastal zone residents, non-governmental organisations and the business sector) in the management process, for example by means of agreements and based on shared responsibility;(g) support and involvement of relevant administrative bodies at national, regional and local level between which appropriate links should be established or maintained with the aim of improved coordination of the various existing policies. Partnership with and between regional and local authorities should apply when appropriate;(h) use of a combination of instruments designed to facilitate coherence between sectoral policy objectives and coherence between planning and management.CHAPTER IIINational stocktakingMember States conduct or update an overall stocktaking to analyse which major actors, laws and institutions influence the management of their coastal zone. This stocktaking should:(a) consider (but not be limited to) the following sectors and areas: fisheries and aquaculture, transport, energy, resource management, species and habitat protection, cultural heritage, employment, regional development in both rural and urban areas, tourism and recreation, industry and mining, waste management, agriculture and education;(b) cover all administrative levels;(c) analyse the interests, role and concerns of citizens, non-governmental organisations, and the business sector;(d) identify relevant inter-regional organisations and cooperation structures, and(e) take stock of the applicable policy and legislative measures.CHAPTER IVNational strategies1. Based on the result of the stocktaking, each Member State concerned, in partnership with the regional authorities and inter-regional organisations, as appropriate, should develop a national strategy or, where appropriate, several strategies, to implement the principles for integrated management of the coastal zone.2. These strategies might be specific to the coastal zone, or might be part of a geographically broader strategy or programme for promoting integrated management of a larger area.3. These strategies should:(a) identify the roles of the different administrative actors within the country or region whose competence includes activities or resources related to the coastal zone, as well as mechanisms for their coordination. This identification of roles should allow an adequate control, and an appropriate strategy and consistency of actions;(b) identify the appropriate mix of instruments for implementation of the principles outlined in Chapter II, within the national, regional or local legal and administrative context. In developing these strategies, the Member States should consider the appropriateness of:(i) developing national strategic plans for the coast to promote integrated management ensuring, inter alia, the control of additional urbanisation and of the exploitation of non-urban areas while respecting natural features of the coastal environment;(ii) land purchase mechanisms and declarations of public domain to ensure public access for recreational purposes without prejudice to the protection of sensitive areas;(iii) developing contractual or voluntary agreements with coastal zone users, including environmental agreements with industry;(iv) harnessing economic and fiscal incentives, and(v) working through regional development mechanisms;(c) develop or maintain national and, where appropriate, regional or local legislation or policies and programmes which address both the marine and terrestrial areas of coastal zones together;(d) particularly, identify measures to promote bottom-up initiatives and public participation in integrated management of the coastal zone and its resources;(e) identify sources of durable financing for integrated coastal zone management initiatives where needed, and examine how to make the best use of existing financing mechanisms both at Community and at national level;(f) identify mechanisms to ensure full and coordinated implementation and application of Community legislation and policies that have an impact on coastal areas, including when reviewing Community policies;(g) include adequate systems for monitoring and disseminating information to the public about their coastal zone. These systems should collect and provide information in appropriate and compatible formats to decision makers at national, regional and local levels to facilitate integrated management. The work of the European Environment Agency can serve inter alia as a basis for this purpose. These data should be publicly available in accordance with relevant Community legislation, in particular with the Directive of the European Parliament and of the Council on public access to environmental information and repealing Council Directive 90/313/EEC(8);(h) determine how appropriate national training and education programmes can support implementation of integrated management principles in the coastal zone.CHAPTER VCooperation1. Member States should encourage, enter into or maintain dialogue and implement existing conventions with neighbouring countries, including non-Member States in the same regional sea, to establish mechanisms for better coordination of responses to cross-border issues.2. Member States also work actively with the Community institutions and other coastal stakeholders to facilitate progress towards a common approach to integrated coastal zone management, examining the need for a European coastal stakeholders forum. In this process, ways of using existing institutions and conventions should be explored.3. In this context, cooperation with the accession countries is maintained and enhanced.CHAPTER VIReporting and review1. Member States report to the Commission on the experience in implementation of this Recommendation 45 months after its adoption.2. These reports are available to the public and include, in particular, information concerning:(a) the results of the national stocktaking exercise;(b) the strategy or strategies proposed at the national level for implementation of integrated coastal zone management;(c) a summary of actions taken, or to be taken, to implement the national strategy or strategies;(d) an evaluation of the expected impact of the strategy or strategies on the status of the coastal zone;(e) an evaluation of the implementation and application of Community legislation and policies that have an impact on coastal areas.3. The Commission should review this Recommendation within 55 months following the date of its adoption and submit to the European Parliament and the Council an evaluation report accompanied if appropriate by a proposal for further Community action.Done at Brussels, 30 May 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Piqué I Camps(1) OJ C 155, 29.5.2001, p. 17.(2) OJ C 148, 18.5.2001, p. 23.(3) Opinion of the European Parliament of 5 July 2001 (OJ C 65 E, 14.3.2002, p. 309), Council Common Position of 13 December 2001 (OJ C 58 E, 5.3.2002, p. 1) and Decision of the European Parliament of 10 April 2002. Council Decision of 7 May 2002.(4) COM(97) 744 and COM(2000) 547.(5) OJ C 135, 18.5.1994, p. 2.(6) OJ C 59, 6.3.1992, p. 1.(7) Not yet published in the Official Journal.(8) Not yet published in the Official Journal.

Summary: Development and integrated management of coastal zones Development and integrated management of coastal zones The European Union recommends that the Member States adopt a strategic and integrated approach to the management of their coastal zones. To that end, it lays the foundations for such an approach based on the protection of the coastal area, its economic and socio-cultural development and on coordination. It also recommends a series of principles, a national stocktaking exercise and a national strategy. ACT Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe [Official Journal L 148 of 06.06.2002]. SUMMARY On account of the importance of coastal zones to Europe, the European Union (EU) recommends that the Member States take a strategic approach to their management. This must be based on: protection of the coastal environment; recognition of the threat posed by climate change; the implementation of coastal protection measures including protection of coastal settlements and their cultural heritage; sustainable economic opportunities and employment options; a functioning social and cultural system; accessible land for recreational purposes and aesthetic reasons; the cohesion of remote coastal communities; improved coordination of measures. A deeper analysis of the problems associated with the management of coastal zones can be found in a Commission Communication of 2000 - COM(2000) 547 final. As in the Communication, the recommendation underlines the importance of following a number of principles in managing coastal zones. This entails taking a broad overall perspective (thematic and geographic) in the long term which takes into account distinctive local features and is based on adaptive management making adjustment easier. Turning to actors, all the parties concerned must be involved and supported by relevant administrative bodies at the different levels. Lastly, in terms of instruments, use of a combination of several should facilitate coherence. At the same time, the EU recommends that Member States undertake a national stocktaking to identify the main actors, laws and institutions involved in the management of coastal zones across all sectors and levels. A national strategy should then be proposed. The Union considers that these strategies could be specific to the coastal zones or be part of a geographically broader plan. In any case, the national strategy (ies) should identify and determine all aspects concerning the actors, the instruments, the resources and the dissemination of information. To be more exact, they should determine the role of the administrative actors and their coordination to allow adequate control and consistency of the actions, and to strengthen the laws governing both the marine and on-shore areas of coastal zones. In addition, measures to promote public participation in management and sources of sustainable financing must be identified. On the matter of instruments, in developing their strategies the Member States should consider the advantages of: national strategic plans for ensuring the control of any additional land-use planning and the exploitation of non-urban areas which should respect the natural characteristics of the coastal environment; land purchase mechanisms and declarations of public domain to ensure public access to recreational areas without prejudice to the protection of sensitive areas; contractual or voluntary agreements with coastal zone users; harnessing economic and fiscal incentives; applying regional development mechanisms. Lastly, the strategies should also identify mechanisms to ensure full and coordinated implementation and application of legislation in the field and adequate systems for monitoring and disseminating information to the public. It would be advisable also to study how national training and education programmes could support the implementation of the above principles. With the aim of resolving cross-border problems, the recommendation advises cooperation with neighbouring countries, including non-member countries in the same regional sea. Cooperation between the Member States and the Community institutions and other interest groups is also necessary to assess the need to set up a European coastal interest groups forum. For 2006, the recommendation provides that the Member States must present to the Commission a report with, among other things, the results of the national stocktaking exercise, the national strategy, a summary of the actions taken and an evaluation. RELATED ACTS Commission Report of 7 June 2007 on the evaluation of Integrated Coastal Zone Management (ICZM) in Europe [COM(2007) 308 final - Official Journal C 191 of 17.8.2007]. The Commission stresses the recommendation's positive effects. Most coastal Member States have adopted management strategies for coastal zones, but they will have to make a constant effort - particularly regarding financing and indicators - to implement the strategies. The priorities for the promotion of coastal zone management lie in adapting to climate change and risks and the management of various interests related to coastal and marine zones. The Commission also acts as coordinator to ensure coherence and synergy between coastal zone instruments and policies. Last updated: 01.10.2007


EUR-Lex - 32001D0548 - EN Avis juridique important | 32001D0548 2001/548/EC: Commission Decision of 9 July 2001 on the setting-up of a committee in the area of supplementary pensions (Text with EEA relevance) (notified under document number C(2001) 1775) Official Journal L 196 , 20/07/2001 P. 0026 - 0027 Commission Decisionof 9 July 2001on the setting-up of a committee in the area of supplementary pensions(notified under document number C(2001) 1775)(Text with EEA relevance)(2001/548/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Communities, and in particular Articles 138 and 140 thereof,Whereas:(1) The European Commission, in its Social Policy Agenda of 28 June 2000, proposed to create a pensions forum to address the issue of pensions and mobility with all relevant actors by issuing a communication.(2) The European Commission, in its communication "Towards a single market for supplementary pensions" of 11 May 1999 (COM (1999) 134 final), supported the idea of setting up a pensions forum, as put forward by the High-Level Panel on Freedom of Movement, and consequent decided to convene such a forum to meet at least twice a year and to be made up of representatives or governments, the social partners, pension funds and, where appropriate, other institutions active in this area.(3) The European Parliament welcomed the Commission communication and the setting-up of such a Committee in its resolution concerning the Commission communication "Towards a single market for supplementary pensions",HAS DECIDED AS FOLLOWS:Article 11. A committee in the area of supplementary pensions (the pensions forum) shall be set up at the Commission.2. The pensions forum shall be composed of representatives of Member States' governments, the social partners and supplementary pension schemes.Article 21. The Commission may consult the pensions forum about any problems and developments at Community level affecting supplementary pensions.The pensions forum shall assist the Commission in particular in finding solutions to the problems and obstacles associated with cross-border mobility of workers in the area of supplementary pensions.2. The pensions forum shall work, where necessary, in cooperation with any other appropriate bodies or committees dealing with social and economic policy.Article 31. The pensions forum shall comprise 45 members.2. Seats shall be allocated as follows:- one seat per Member State,- four seats for the other EFA member countries (one seat for the European Free Trade Association liaison office and one seat per country involved),- 14 seats for the social partners represented at Community level,- 12 seats for the pension funds and other bodies active in this area:- three seats for the E.F.R.P. (European Federation for Retirement Provision),- one seat for each of the following bodies:- FEFSI (European Federation of Investment Funds and Companies)- ACME (Association of European Cooperative and Mutual Insurers)- AIM (International Association for Mutual Assistance)- CEA (European Insurance Committee)- AEIP (European Association of Paritarian Institutions)- EAPSPI (European Association of Public Sector Pension Institutions)- GCAACE (Groupe Consultatif des Associations d'actuaires des pays de la CE)- FBE (Banking Federation of the European Union)- AGE (the European older people's platform).Article 4The members of the pensions forum shall be appointed by the Commission on the basis of nominations from the Member States, the other countries making up the EEA, the social partners represented at Community level and the other bodies listed in Article 3. The Commission shall take all necessary measures to ensure balanced representation of the sexes.Article 5The term of office of members of the pensions forum shall be three years. It may be renewed.On expiry of their term of office, members of the pensions forum shall continue in office until such time as they are replaced or reappointed.A member's term of office shall terminate before expiry of the three-year period in the event of resignation of death. A member's term of office may also be terminated if the body which put him forward as a candidate asks for him to be replaced.The member shall be replaced for the remainder of the term of office.Members shall not receive payment for their work.Article 6The Commission shall publish the list of members for information in the Official Journal of the European Communities.Article 7The pensions forum shall elect one chairman and two vice-chairmen for a period of two years. They shall be elected by a two-thirds majority of the members present. The pensions forum shall be chaired by the representative of the relevant departments of Directorate General for Employment and Social Affairs until the members of the pensions forum elect a chairman.Article 8The pensions forum may invite any person with particular competence in respect of an item included on the agenda to take part in its deliberations as an expert.Experts shall take part in the deliberations only in respect of the item for which they have been invited to attend.Article 9The pensions forum may set up working parties.Article 101. The pensions forum shall be convened by the Commission and shall meet at the Commission's offices.2. Representatives of the Commission departments concerned shall take part in meetings of the pensions forum and the working parties.3. A Secretariat for the pensions forum and the working parties shall be provided by the Commission.Article 11The pensions forum shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.The Commission may, when seeking the opinion of the pensions forum, set a time limit within which such opinion shall be given.The positions adopted by the economic categories represented shall be noted in the minutes, which shall be forwarded to the Commission.The Commission shall make the results of discussions available to all participants on requests of the latter.Article 12Without prejudice to the provisions of Article 287 of the Treaty, the members of the pensions forum shall be under an obligation not to disclose information which has come to their knowledge through the work of the pensions forum or of its working parties, where the Commission informs the latter that the opinion requested or the question raised in on a matter of a confidential nature.In such cases, meetings shall be attended only by the members of the pensions forum and the representatives of the Commission.Article 13The Commission shall assess the work and usefulness of the pensions forum within two years of the entry into force of this Decision.Article 14This Decision comes into force on the day of its adoption.Done at Brussels, 9 July 2001.For the CommissionAnna DiamantopoulouMember of the Commission

Summary: Pensions Committee Pensions Committee The European Commission set up an advisory committee in the area of supplementary pensions in order to find solutions to the obstacles associated with cross-border mobility of workers in the area of supplementary pensions. ACT Commission Decision 2001/548/EC of 9 July 2001 on the setting-up of a committee in the area of supplementary pensions [See amending acts]. SUMMARY Following the approval of the Social Policy Agenda (2000-2005),which took up the question of the portability of occupational pension rights, the consultation begun by the Green Paper on supplementary pensions of 10 June 1997 and the communication " Towards a single market for supplementary pensions ". The latter proposed setting up a single market for supplementary pensions. On 9 July 2001 the Commission set up an advisory committee in the area of supplementary pensions. The Forum's remit is to act as a consultative body for the Commission with regard to problems and developments at Community level affecting supplementary pensions. The Pensions Forum assists the Commission in particular in finding solutions to the problems and obstacles associated with cross-border mobility of workers in the area of supplementary pensions. In addition, where appropriate, and on the basis of a proposal from the Commission, the Forum's technical work may contribute to the activities of other related bodies or committees dealing with social and economic policy. The Committee has 55 members and is made up of experts from national administrations in the EU and in other countries of the European Economic Area (EEA), social partners represented at European level and bodies involved in the area of supplementary pensions. The Committee may also invite anyone with particular knowledge of a subject included on the agenda of a Committee meeting to attend as an expert. The members of the Committee, who meet at Commission headquarters, are appointed by the Commission on the basis of nominations from the Member States' governments, the other countries of the EEA, the social partners and the other bodies on the Committee. Committee members' term of office is two years and may be renewed. The work of the Forum on supplementary pensions has confirmed that insufficient portability of supplementary pensions may create significant obstacles to the mobility of workers and therefore to the free movement of persons within the EU. While coordination of social security schemes allows migrant workers to fully preserve their accrued statutory pension rights, measures to improve the portability of supplementary pensions are still in their early stages. The difficulty in this area lies in the variety of supplementary pension schemes available and in the fact that they are often voluntary. References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Decision 2001/548/EC 9.7.2001 - OJ L 196 of 20.7.2001 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 1792/2006 1.1.2007 - OJ L 362 of 20.12.2006 RELATED ACTS Commission Communication of 12 September 2003 concerning the second stage of consultation of social partners on measures to improve the portability of occupational pension rights [SEC(2003)916- Not published in the Official Journal]. Following the first stage of consultation of social partners on the portability of occupational pension rights, and in accordance with Article 138(2) of the EC Treaty, the Commission decided to begin a second stage of consultation of European social partners on the possible content of a Community measure to improve the portability of occupational pension rights. Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision [Official Journal L 235 of 23.09.2003]. The aim of this Directive is to guarantee the freedom to provide occupational pension services across Europe and the free movement of capital in this sector. The common framework and the cooperation mechanisms created by the Directive will allow for the mutual recognition of pension funds and will therefore greatly widen the scope for cross-border management of occupational pension schemes and cross-border membership. Commission Communication of 27 May 2002 concerning the first stage consultation of social partners on measures to improve the portability of supplementary pension rights [SEC(2002) 597 - Not published in the Official Journal]. The social partners were asked to give their opinion on the need for and possible direction of a Community action on the portability of occupational pension rights. In particular, the Commission consulted them on the usefulness of Community action in this field and the form such action should take (collective agreement, recommendation, code of practice, etc.). Communication from the Commission to the Council, the European Parliament and the Economic and Social Committee - The elimination of tax obstacles to the cross-border provision of occupational pensions [COM(2001) 214 final - Not published in the Official Journal]. In this communication, the Commission called on Member States to eliminate all national tax rules which, by creating discriminatory conditions for occupational pension institutions established in other EU countries, are in breach of the Treaty's provisions on the free movement of workers and capital, and on the freedom to provide services in the area of supplementary pensions. Last updated: 20.03.2008


EUR-Lex - 32001R1049 - EN Avis juridique important | 32001R1049 Regulation (EC) 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 Official Journal L 145 , 31/05/2001 P. 0043 - 0048 Regulation (EC) No 1049/2001 of the European Parliament and of the Councilof 30 May 2001regarding public access to European Parliament, Council and Commission documentsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 255(2) thereof,Having regard to the proposal from the Commission(1),Acting in accordance with the procedure referred to in Article 251 of the Treaty(2),Whereas:(1) The second subparagraph of Article 1 of the Treaty on European Union enshrines the concept of openness, stating that the Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.(2) Openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. Openness contributes to strengthening the principles of democracy and respect for fundamental rights as laid down in Article 6 of the EU Treaty and in the Charter of Fundamental Rights of the European Union.(3) The conclusions of the European Council meetings held at Birmingham, Edinburgh and Copenhagen stressed the need to introduce greater transparency into the work of the Union institutions. This Regulation consolidates the initiatives that the institutions have already taken with a view to improving the transparency of the decision-making process.(4) The purpose of this Regulation is to give the fullest possible effect to the right of public access to documents and to lay down the general principles and limits on such access in accordance with Article 255(2) of the EC Treaty.(5) Since the question of access to documents is not covered by provisions of the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, the European Parliament, the Council and the Commission should, in accordance with Declaration No 41 attached to the Final Act of the Treaty of Amsterdam, draw guidance from this Regulation as regards documents concerning the activities covered by those two Treaties.(6) Wider access should be granted to documents in cases where the institutions are acting in their legislative capacity, including under delegated powers, while at the same time preserving the effectiveness of the institutions' decision-making process. Such documents should be made directly accessible to the greatest possible extent.(7) In accordance with Articles 28(1) and 41(1) of the EU Treaty, the right of access also applies to documents relating to the common foreign and security policy and to police and judicial cooperation in criminal matters. Each institution should respect its security rules.(8) In order to ensure the full application of this Regulation to all activities of the Union, all agencies established by the institutions should apply the principles laid down in this Regulation.(9) On account of their highly sensitive content, certain documents should be given special treatment. Arrangements for informing the European Parliament of the content of such documents should be made through interinstitutional agreement.(10) In order to bring about greater openness in the work of the institutions, access to documents should be granted by the European Parliament, the Council and the Commission not only to documents drawn up by the institutions, but also to documents received by them. In this context, it is recalled that Declaration No 35 attached to the Final Act of the Treaty of Amsterdam provides that a Member State may request the Commission or the Council not to communicate to third parties a document originating from that State without its prior agreement.(11) In principle, all documents of the institutions should be accessible to the public. However, certain public and private interests should be protected by way of exceptions. The institutions should be entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks. In assessing the exceptions, the institutions should take account of the principles in Community legislation concerning the protection of personal data, in all areas of Union activities.(12) All rules concerning access to documents of the institutions should be in conformity with this Regulation.(13) In order to ensure that the right of access is fully respected, a two-stage administrative procedure should apply, with the additional possibility of court proceedings or complaints to the Ombudsman.(14) Each institution should take the measures necessary to inform the public of the new provisions in force and to train its staff to assist citizens exercising their rights under this Regulation. In order to make it easier for citizens to exercise their rights, each institution should provide access to a register of documents.(15) Even though it is neither the object nor the effect of this Regulation to amend national legislation on access to documents, it is nevertheless clear that, by virtue of the principle of loyal cooperation which governs relations between the institutions and the Member States, Member States should take care not to hamper the proper application of this Regulation and should respect the security rules of the institutions.(16) This Regulation is without prejudice to existing rights of access to documents for Member States, judicial authorities or investigative bodies.(17) In accordance with Article 255(3) of the EC Treaty, each institution lays down specific provisions regarding access to its documents in its rules of procedure. Council Decision 93/731/EC of 20 December 1993 on public access to Council documents(3), Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994 on public access to Commission documents(4), European Parliament Decision 97/632/EC, ECSC, Euratom of 10 July 1997 on public access to European Parliament documents(5), and the rules on confidentiality of Schengen documents should therefore, if necessary, be modified or be repealed,HAVE ADOPTED THIS REGULATION:Article 1PurposeThe purpose of this Regulation is:(a) to define the principles, conditions and limits on grounds of public or private interest governing the right of access to European Parliament, Council and Commission (hereinafter referred to as "the institutions") documents provided for in Article 255 of the EC Treaty in such a way as to ensure the widest possible access to documents,(b) to establish rules ensuring the easiest possible exercise of this right, and(c) to promote good administrative practice on access to documents.Article 2Beneficiaries and scope1. Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, subject to the principles, conditions and limits defined in this Regulation.2. The institutions may, subject to the same principles, conditions and limits, grant access to documents to any natural or legal person not residing or not having its registered office in a Member State.3. This Regulation shall apply to all documents held by an institution, that is to say, documents drawn up or received by it and in its possession, in all areas of activity of the European Union.4. Without prejudice to Articles 4 and 9, documents shall be made accessible to the public either following a written application or directly in electronic form or through a register. In particular, documents drawn up or received in the course of a legislative procedure shall be made directly accessible in accordance with Article 12.5. Sensitive documents as defined in Article 9(1) shall be subject to special treatment in accordance with that Article.6. This Regulation shall be without prejudice to rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them.Article 3DefinitionsFor the purpose of this Regulation:(a) "document" shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) concerning a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility;(b) "third party" shall mean any natural or legal person, or any entity outside the institution concerned, including the Member States, other Community or non-Community institutions and bodies and third countries.Article 4Exceptions1. The institutions shall refuse access to a document where disclosure would undermine the protection of:(a) the public interest as regards:- public security,- defence and military matters,- international relations,- the financial, monetary or economic policy of the Community or a Member State;(b) privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.2. The institutions shall refuse access to a document where disclosure would undermine the protection of:- commercial interests of a natural or legal person, including intellectual property,- court proceedings and legal advice,- the purpose of inspections, investigations and audits,unless there is an overriding public interest in disclosure.3. Access to a document, drawn up by an institution for internal use or received by an institution, which relates to a matter where the decision has not been taken by the institution, shall be refused if disclosure of the document would seriously undermine the institution's decision-making process, unless there is an overriding public interest in disclosure.Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within the institution concerned shall be refused even after the decision has been taken if disclosure of the document would seriously undermine the institution's decision-making process, unless there is an overriding public interest in disclosure.4. As regards third-party documents, the institution shall consult the third party with a view to assessing whether an exception in paragraph 1 or 2 is applicable, unless it is clear that the document shall or shall not be disclosed.5. A Member State may request the institution not to disclose a document originating from that Member State without its prior agreement.6. If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released.7. The exceptions as laid down in paragraphs 1 to 3 shall only apply for the period during which protection is justified on the basis of the content of the document. The exceptions may apply for a maximum period of 30 years. In the case of documents covered by the exceptions relating to privacy or commercial interests and in the case of sensitive documents, the exceptions may, if necessary, continue to apply after this period.Article 5Documents in the Member StatesWhere a Member State receives a request for a document in its possession, originating from an institution, unless it is clear that the document shall or shall not be disclosed, the Member State shall consult with the institution concerned in order to take a decision that does not jeopardise the attainment of the objectives of this Regulation.The Member State may instead refer the request to the institution.Article 6Applications1. Applications for access to a document shall be made in any written form, including electronic form, in one of the languages referred to in Article 314 of the EC Treaty and in a sufficiently precise manner to enable the institution to identify the document. The applicant is not obliged to state reasons for the application.2. If an application is not sufficiently precise, the institution shall ask the applicant to clarify the application and shall assist the applicant in doing so, for example, by providing information on the use of the public registers of documents.3. In the event of an application relating to a very long document or to a very large number of documents, the institution concerned may confer with the applicant informally, with a view to finding a fair solution.4. The institutions shall provide information and assistance to citizens on how and where applications for access to documents can be made.Article 7Processing of initial applications1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 2 of this Article.2. In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the institution's reply, make a confirmatory application asking the institution to reconsider its position.3. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.4. Failure by the institution to reply within the prescribed time-limit shall entitle the applicant to make a confirmatory application.Article 8Processing of confirmatory applications1. A confirmatory application shall be handled promptly. Within 15 working days from registration of such an application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the institution shall inform the applicant of the remedies open to him or her, namely instituting court proceedings against the institution and/or making a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty, respectively.2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.3. Failure by the institution to reply within the prescribed time limit shall be considered as a negative reply and entitle the applicant to institute court proceedings against the institution and/or make a complaint to the Ombudsman, under the relevant provisions of the EC Treaty.Article 9Treatment of sensitive documents1. Sensitive documents are documents originating from the institutions or the agencies established by them, from Member States, third countries or International Organisations, classified as "TRÈS SECRET/TOP SECRET", "SECRET" or "CONFIDENTIEL" in accordance with the rules of the institution concerned, which protect essential interests of the European Union or of one or more of its Member States in the areas covered by Article 4(1)(a), notably public security, defence and military matters.2. Applications for access to sensitive documents under the procedures laid down in Articles 7 and 8 shall be handled only by those persons who have a right to acquaint themselves with those documents. These persons shall also, without prejudice to Article 11(2), assess which references to sensitive documents could be made in the public register.3. Sensitive documents shall be recorded in the register or released only with the consent of the originator.4. An institution which decides to refuse access to a sensitive document shall give the reasons for its decision in a manner which does not harm the interests protected in Article 4.5. Member States shall take appropriate measures to ensure that when handling applications for sensitive documents the principles in this Article and Article 4 are respected.6. The rules of the institutions concerning sensitive documents shall be made public.7. The Commission and the Council shall inform the European Parliament regarding sensitive documents in accordance with arrangements agreed between the institutions.Article 10Access following an application1. The applicant shall have access to documents either by consulting them on the spot or by receiving a copy, including, where available, an electronic copy, according to the applicant's preference. The cost of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic form or through the register shall be free of charge.2. If a document has already been released by the institution concerned and is easily accessible to the applicant, the institution may fulfil its obligation of granting access to documents by informing the applicant how to obtain the requested document.3. Documents shall be supplied in an existing version and format (including electronically or in an alternative format such as Braille, large print or tape) with full regard to the applicant's preference.Article 11Registers1. To make citizens' rights under this Regulation effective, each institution shall provide public access to a register of documents. Access to the register should be provided in electronic form. References to documents shall be recorded in the register without delay.2. For each document the register shall contain a reference number (including, where applicable, the interinstitutional reference), the subject matter and/or a short description of the content of the document and the date on which it was received or drawn up and recorded in the register. References shall be made in a manner which does not undermine protection of the interests in Article 4.3. The institutions shall immediately take the measures necessary to establish a register which shall be operational by 3 June 2002.Article 12Direct access in electronic form or through a register1. The institutions shall as far as possible make documents directly accessible to the public in electronic form or through a register in accordance with the rules of the institution concerned.2. In particular, legislative documents, that is to say, documents drawn up or received in the course of procedures for the adoption of acts which are legally binding in or for the Member States, should, subject to Articles 4 and 9, be made directly accessible.3. Where possible, other documents, notably documents relating to the development of policy or strategy, should be made directly accessible.4. Where direct access is not given through the register, the register shall as far as possible indicate where the document is located.Article 13Publication in the Official Journal1. In addition to the acts referred to in Article 254(1) and (2) of the EC Treaty and the first paragraph of Article 163 of the Euratom Treaty, the following documents shall, subject to Articles 4 and 9 of this Regulation, be published in the Official Journal:(a) Commission proposals;(b) common positions adopted by the Council in accordance with the procedures referred to in Articles 251 and 252 of the EC Treaty and the reasons underlying those common positions, as well as the European Parliament's positions in these procedures;(c) framework decisions and decisions referred to in Article 34(2) of the EU Treaty;(d) conventions established by the Council in accordance with Article 34(2) of the EU Treaty;(e) conventions signed between Member States on the basis of Article 293 of the EC Treaty;(f) international agreements concluded by the Community or in accordance with Article 24 of the EU Treaty.2. As far as possible, the following documents shall be published in the Official Journal:(a) initiatives presented to the Council by a Member State pursuant to Article 67(1) of the EC Treaty or pursuant to Article 34(2) of the EU Treaty;(b) common positions referred to in Article 34(2) of the EU Treaty;(c) directives other than those referred to in Article 254(1) and (2) of the EC Treaty, decisions other than those referred to in Article 254(1) of the EC Treaty, recommendations and opinions.3. Each institution may in its rules of procedure establish which further documents shall be published in the Official Journal.Article 14Information1. Each institution shall take the requisite measures to inform the public of the rights they enjoy under this Regulation.2. The Member States shall cooperate with the institutions in providing information to the citizens.Article 15Administrative practice in the institutions1. The institutions shall develop good administrative practices in order to facilitate the exercise of the right of access guaranteed by this Regulation.2. The institutions shall establish an interinstitutional committee to examine best practice, address possible conflicts and discuss future developments on public access to documents.Article 16Reproduction of documentsThis Regulation shall be without prejudice to any existing rules on copyright which may limit a third party's right to reproduce or exploit released documents.Article 17Reports1. 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.2. At the latest by 31 January 2004, the Commission shall publish a report on the implementation of the principles of this Regulation and shall make recommendations, including, if appropriate, proposals for the revision of this Regulation and an action programme of measures to be taken by the institutions.Article 18Application measures1. Each institution shall adapt its rules of procedure to the provisions of this Regulation. The adaptations shall take effect from 3 December 2001.2. Within six months of the entry into force of this Regulation, the Commission shall examine the conformity of Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community(6) with this Regulation in order to ensure the preservation and archiving of documents to the fullest extent possible.3. Within six months of the entry into force of this Regulation, the Commission shall examine the conformity of the existing rules on access to documents with this Regulation.Article 19Entry into forceThis Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.It shall be applicable from 3 December 2001.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 30 May 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentB. Lejon(1) OJ C 177 E, 27.6.2000, p. 70.(2) Opinion of the European Parliament of 3 May 2001 (not yet published in the Official Journal) and Council Decision of 28 May 2001.(3) OJ L 340, 31.12.1993, p. 43. Decision as last amended by Decision 2000/527/EC (OJ L 212, 23.8.2000, p. 9).(4) OJ L 46, 18.2.1994, p. 58. Decision as amended by Decision 96/567/EC, ECSC, Euratom (OJ L 247, 28.9.1996, p. 45).(5) OJ L 263, 25.9.1997, p. 27.(6) OJ L 43, 15.2.1983, p. 1.

Summary: Access to European Parliament, Council and Commission documents Access to European Parliament, Council and Commission documents SUMMARY OF Article 15 of the Treaty of the Functioning of the European Union (TFEU) Regulation (EC) No 1049/2001 of the European Parliament and of the Council on public access to EU institution documents WHAT IS THE AIM OF ARTICLE 15 TFEU AND OF THE REGULATION? Article 15(3) of the TFEU gives EU citizens, residents and businesses the right of access to documents of the EU institutions, bodies, offices and agencies subject to certain principles and conditions. The regulation lays down the general principles and limits on access. It aims to ensure that citizens can exercise their right of access in the easiest possible way. Access can be requested to all documents drawn up or received by an institution, in all areas of EU activities. KEY POINTS Exceptions and rights of third parties The institutions can refuse access to a document where disclosure: would undermine the protection of: the public interest as regards public security, defence, international relations and the financial, monetary or economic policy of the EU or of an EU country, orthe privacy and integrity of an individual, in particular in accordance with EU legislation regarding the protection of personal data; would undermine a person’s: commercial interests, court proceedings, and legal advice, orthe purpose of inspections, investigations and audits, unless there is an overriding public interest in disclosure; would seriously undermine the protection of the institution’s decision-making process, unless there is an overriding public interest in disclosure. For documents drawn up by third parties, the EU institution must, in case of doubt, consult the third party in order to assess whether an exception applies. EU countries have a stronger right of opposition (though no veto). Documents in EU countries Where an EU country receives a request for a document in its possession, originating from an EU institution, it must, in principle, consult that institution to ensure that the disclosure is in line with the objectives of this regulation. The country may instead refer the request to the EU institution in question. Applications, processing of applications and access to documents The public must apply for access to a document in writing (including by electronic means) in one of the official EU languages. The applicant does not have to state reasons for the application, but has to be precise in their request. Institutions must promptly handle applications for access to a document. They must acknowledge receipt of the application and, within 15 working days of registering it, either grant or refuse access to the document requested. This deadline may be extended once by another 15 working days. In the event of total or partial refusal, the applicant may, within 15 working days of receiving the institution’s reply, make a confirmatory application asking the institution to reconsider its position. The applicant may access documents either by consulting them on the spot or receiving a copy of them, or by receiving information on how to easily obtain them. Sensitive documents Sensitive documents are certain documents originating from the institutions or the agencies established by them, from EU countries, from non-EU countries or from international organisations, and which are classified as TRÈS SECRET UE/EU TOP SECRET, SECRET UE/EU SECRET or CONFIDENTIEL UE/EU CONFIDENTIAL. Applications for access to sensitive documents may only be handled by persons who have a right to know their content. Sensitive documents may be recorded in the register or released only with the consent of the originator. Registers and administrative practice Each institution must keep a register of documents. Access to this register should be provided in electronic form. EU countries must cooperate with the institutions in providing information to citizens. Institutions must develop good administrative practice to ensure the right of access guaranteed by this regulation can be exercised. Publication in the Official JournalMany EU documents are published in the Official Journal. These include: legislative acts adopted under Article 297 of the TFEU (ordinary legislative procedure); Council positions adopted under Article 294 of the TFEU; international agreements concluded by the EU or in accordance with Article 37 of the Treaty on European Union. Reports and application measuresEach institution publishes an annual report covering the preceding year citing the number of cases in which the institution refused to grant access to documents, the reasons for these refusals and the number of sensitive documents not recorded in its register. FROM WHEN DOES THE REGULATION APPLY? It has applied since 3 December 2001. BACKGROUND For more information, see: Access to documents (European Commission) Access to documents (European Parliament) Transparency and access to documents (Council of the European Union). MAIN DOCUMENTS Consolidated version of the Treaty on the Functioning of the European Union — Part One: Principles — Title II: Provisions having general application — Article 15 (ex Article 255 TEC) (OJ C 202, 7.6.2016, pp. 54-55) Regulation (EC) 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 (OJ L 145, 31.5.2001, pp. 43-48) RELATED DOCUMENTS Report from the Commission on the application in 2016 of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents (COM(2017) 738 final, 6.12.2017) last update 14.12.2017