89/196/EEC, Euratom, ECSC: Commission Decision of 3 March 1989 laying down detailed rules for the declassification of documents covered by professional or business secrecy

1989D0196 — EN — 30.11.1990 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

COMMISSION DECISION

of 3 March 1989

laying down detailed rules for the declassification of documents covered by professional or business secrecy

(89/196/EEC, Euratom, ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Council Regulation (EEC, Euratom) No 354/83 of l February 1983 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community (1), and in particular Article 9 thereof,

Having regard to Commission Decision No 359/83/ECSC of 8 February 1983 concerning the opening to the public of the historical archives of the European Coal and Steel Community (2), and in particular Article 9 thereof,

Whereas, under the rules governing the opening to the public of the historical archives of the Communities, documents and records covered by the obligation of professional or business secrecy may not be released to the public unless the person or undertaking concerned does not object; whereas, to this effect, the Commission must give notice of its intention to release the documents and records to the public;

Whereas prior notification of the person or undertaking concerned is often difficult, particularly in cases of change of address or legal succession;

Whereas, to ensure that the procedure for opening the historical archives of the Communities to the public operates efficiently, provision should be made to enable the Commission to inform the person or undertaking concerned by means of a notice published in the Official Journal of the European Communities,

HAS DECIDED AS FOLLOWS:

Article 1

For the purpose of applying Article 4 of Regulation (EEC, Euratom) No 354/83 or Article 4 of Commission Decision No 359/83/ECSC, the Commission shall publish a notice in the Official Journal of the European Communities to inform the persons or undertakings concerned that it intends to release to the public a document or a record covered by the obligation of professional or business secrecy and invite the person or undertaking concerned to submit any objections within a period of eight weeks. If no objection is raised within this period, the document or record shall be released to the public.

Article 2

This Decision shall apply with effect from 3 March 1989.

(1) OJ No L 43, 15. 2. 1983, p. 1.

(2) OJ No L 43, 15. 2. 1983, p. 14.