Legalize2004/258/EC: Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3)
Article 1
Purpose
The purpose of this Decision is to define the conditions and limits according to which the ECB shall give public access to ECB documents and to promote good administrative practice on public access to such documents.
Article 2
Beneficiaries and scope
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 ECB documents, subject to the conditions and limits defined in this Decision.
The ECB may, subject to the same conditions and limits, grant access to ECB documents to any natural or legal person not residing or not having its registered office in a Member State.
This Decision shall be without prejudice to rights of public access to ECB documents which might follow from instruments of international law or acts which implement them.
Article 3
Definitions
For the purpose of this Decision:
- (a) ‘document’ and ‘ECB document’ shall mean 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, as well as documents originating from the European Monetary Institute (EMI) and from the Committee of Governors of the central banks of the Member States of the European Economic Community (Committee of Governors);
- (b) ‘third party’ shall mean any natural or legal person, or any entity outside the ECB;
- (c) ‘national competent authority’ (NCA) and ‘national designated authority’ (NDA) have the meaning given to them by Council Regulation (EU) No 1024/2013 ([^E0005]);
- (d) ‘other relevant authorities and bodies’ means relevant national authorities and bodies, Union institutions, bodies, offices and agencies, relevant international organisations, supervisory authorities and administrations of third countries.
Article 4
Exceptions
The ECB shall refuse access to a document where disclosure would undermine the protection of:
- (a) the public interest as regards:
- — the confidentiality of the proceedings of the ECB's decision-making bodies, the Supervisory Board or other bodies established pursuant to Regulation (EU) No 1024/2013,
- — the financial, monetary or economic policy of the Union or a Member State,
- — the internal finances of the ECB or of the NCBs,
- — protecting the integrity of euro banknotes,
- — public security,
- — international financial, monetary or economic relations,
- — the stability of the financial system in the Union or in a Member State,
- — the Union's or a Member State's policy relating to the prudential supervision of credit institutions and other financial institutions,
- — the purpose of supervisory inspections,
- — the soundness and security of financial market infrastructures, payment schemes or payment service providers;
- (b) the privacy and the integrity of the individual, in particular in accordance with Union legislation regarding the protection of personal data;
- (c) the confidentiality of information that is protected as such under Union law.
The ECB shall refuse access to a document where disclosure would undermine the protection of:
- — the 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.
Access to a document drafted or received by the ECB for internal use as part of deliberations and preliminary consultations within the ECB, or for exchanges of views between the ECB and NCBs, NCAs or NDAs, shall be refused even after the decision has been taken, unless there is an overriding public interest in disclosure.
Access to documents reflecting exchanges of views between the ECB and other relevant authorities and bodies shall be refused even after the decision has been taken, if disclosure of the document would seriously undermine the ECB's effectiveness in carrying out its tasks, unless there is an overriding public interest in disclosure.
As regards third-party documents, the ECB shall consult the third party concerned with a view to assessing whether an exception in this Article is applicable, unless it is clear that the document shall or shall not be disclosed.
As regards requests for access to European Systemic Risk Board documents, Decision ESRB/2011/5 of the European Systemic Risk Board of 3 June 2011 on public access to European Systemic Risk Board documents ([^E0006]), adopted on the basis of Article 7 of Council Regulation (EU) No 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board ([^E0007]), shall apply.
If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released.
The exceptions as laid down in this Article 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 unless specifically provided otherwise by the ECB's Governing Council. In the case of documents covered by the exceptions relating to privacy or commercial interests, the exceptions may continue to apply after this period.
Article 5
Documents at the NCBs
Documents that are in the possession of an NCB and have been drawn up by the ECB as well as documents originating from the EMI or the Committee of Governors may be disclosed by the NCB only subject to prior consultation of the ECB concerning the scope of access, unless it is clear that the document shall or shall not be disclosed.
Alternatively the NCB may refer the request to the ECB.
Article 6
Applications
An application for access to a document shall be made to the ECB ([^E0008]) in any written form, including electronic form, in one of the official languages of the Union and in a sufficiently precise manner to enable the ECB to identify the document. The applicant is not obliged to state the reasons for the application.
If an application is not sufficiently precise, the ECB shall ask the applicant to clarify the application and shall assist the applicant in doing so.
In the event of an application relating to a very long document or to a very large number of documents, the ECB may confer with the applicant informally, with a view to finding a fair solution.
Article 7
Processing of initial applications
An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 20 working days from the receipt of the application, or on receipt of the clarifications requested in accordance with Article 6(2), the Director-General Secretariat of the ECB shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for total or partial refusal and inform the applicant of their right to make a confirmatory application in accordance with paragraph 2.
In the event of total or partial refusal, 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. Furthermore, failure by the ECB to reply within the prescribed 20 working days' time limit for handling the initial application shall entitle the applicant to make a confirmatory application.
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, or if the consultation of a third party is required, the ECB may extend the time limit provided for in paragraph 1 by 20 working days, provided that the applicant is notified in advance and that detailed reasons are given.
Paragraph 1 shall not apply in case of excessive or unreasonable applications, in particular when they are of a repetitive nature.
Article 8
Processing of confirmatory applications
A confirmatory application shall be handled promptly. Within 20 working days from the receipt of such application, the Executive Board shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the ECB shall inform the applicant of the remedies open to them in accordance with Articles 263 and 228 of the Treaty.
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 ECB may extend the time limit provided for in paragraph 1 by 20 working days, provided that the applicant is notified in advance and that detailed reasons are given.
Failure by the ECB to reply within the prescribed time limit shall be considered to be a negative reply and shall entitle the applicant to institute court proceedings and/or submit a complaint to the European Ombudsman, under Articles 263 and 228 of the Treaty, respectively.
Article 9
Access following an application
Applicants may consult documents to which the ECB has granted access either at its premises or by receiving a copy, including, where available, an electronic copy. The costs 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 shall be free of charge.
If a document has already been released by the ECB and is easily accessible, the ECB may fulfil its obligation of granting access to it by informing the applicant how to obtain the requested document.
Documents shall be supplied in an existing version and format (including electronically or in an alternative format) as requested by the applicant.
Article 10
Reproduction of documents
Documents released in accordance with this Decision shall not be reproduced or exploited for commercial purposes without the ECB's prior specific authorisation. The ECB may withhold such authorisation without stating reasons.
This Decision 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 11
Final provisions
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
Decision ECB/1998/12 shall be repealed.
[^E0001]: (1) Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank. See page 33 of this Official Journal.
OJ L 173, 27.6.2001, p. 5.
OJ L 145, 31.5.2001, p. 43.
OJ L 110, 28.4.1999, p. 30.
[^E0005]: Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
[^E0006]: OJ C 176, 16.6.2011, p. 3.
[^E0007]: OJ L 331, 15.12.2010, p. 162.
[^E0008]: Addressed to the European Central Bank, Secretariat Division, Kaiserstrasse 29, D-60311 Frankfurt am Main. Fax: + 49 (69) 1344 6170. E-mail: ecb.secretariat@ecb.int
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