Provisional Rules of Procedure of the Special Council of Ministers of the European Coal and Steel Community (ECSC) dated 9 September 1952. Article 5 stipulates that ‘Council meetings shall not be public, save where the Council decides otherwise.’
Provisional Rules of Procedure of the Council of the European Economic Community (EEC) dated 18 March 1958. These Rules lay down that meetings of the Council shall not be public and that the deliberations of the Council shall be covered by the obligation of professional secrecy, save where the Council decides otherwise (Articles 3 and 18).
Regulation of the Council of the European Communities (EEC, Euratom) No 354/83 of 1 February 1983 concerning the opening to the public of the historical archives of the European Economic Community (EEC) and the European Atomic Energy Community (EAEC).
Decision of the Commission of the European Communities of 8 February 1983 concerning the opening to the public of the historical archives of the European Coal and Steel Community (ECSC).
In this interview, Norbert Schwaiger, former Head of the Press Service at the General Secretariat of the Council of the European Union, describes the first steps in the creation of the policy on information for journalists concerning the substance of Council meetings.
Declaration No 17 on the right of access to information, annexed to the Final Act of the Treaty on European Union signed in Maastricht on 7 February 1992.
On 16 October 1992, the European Council adopts the ‘Birmingham Declaration’ with a view to bringing the European Community closer to its citizens (see Annex I). The Heads of State or Government call on the Foreign Ministers to suggest ways of opening up the work of the Community’s institutions, including the possibility of some open Council discussion. The aim is to bring the European Community closer to its citizens, especially following the difficulties that certain countries have encountered in referenda on the ratification of the Maastricht Treaty.
The Edinburgh European Council of 11 and 12 December 1992 adopts a series of specific measures in the field of transparency, divided into three categories: access to the work of the Council (opening up of debates and publication of voting records), information on the role of the Council and its decisions, simplification of and easier access to Community legislation. These measures represent the implementation of the ‘Birmingham Declaration’ of 16 October 1992.
The Edinburgh European Council, meeting on 11 and 12 December 1992, implements the ‘Birmingham Decision’ of 16 October 1992 through the adoption of measures aimed at increasing transparency in the Council of the European Communities.
In this interview, Norbert Schwaiger, former Head of the Press Service at the General Secretariat of the Council of the European Union, summarises the progress towards transparency in the Council. In particular, he presents the ‘Birmingham Declaration’, dated 16 October 1992, and the Edinburgh European Council, held on 11 and 12 December 1992, as the first important stages of the process of openness in this institution.
On 25 October 1993, the Council, the European Parliament and the Commission adopt an interinstitutional declaration on democracy, transparency and subsidiarity.
Decision of the Council of the European Union of 6 December 1993 adopting the Council’s Rules of Procedure. By this decision, the record of votes and, in some instances, the explanations of vote are to be published when the Council is acting as legislator. In addition, recordings of Council debates may be broadcast to the public by audiovisual means.
In this interview, Norbert Schwaiger, former Head of the Press Service at the General Secretariat of the Council of the European Union, comments on the impact of developments in information technology as well as on the influence of the Scandinavian countries, in particular of Sweden, on the policy regarding access to Council documents.
Conclusions of the 1847th General Affairs Council meeting, held on 29 May 1995, concerning the transparency of the work of the Council of the European Union.
The Treaty of Amsterdam, signed on 2 October 1997, amends the Treaty establishing the European Community and incorporates the right of access to documents and the public nature of the decision-making process of the Council.
Conclusions of the 2075th meeting of the Justice and Home Affairs Council, held on 19 March 1998, on the public register of the documents of the Council of the European Union and on transparency concerning cooperation in the field of justice and home affairs.
The Cardiff European Council, held on 15 and 16 June 1998, sees the Internet and, in particular, an online public register of Council documents as the way to make the European Union more transparent and to bring it closer to its citizens.
Conclusions of the 2111th General Affairs Council meeting of 29 June 1998 on transparency and public access to the documents of the Council of the European Union.
Decision of the Council of the European Union of 31 May 1999 adopting its Rules of Procedure. These set out, in particular, transparency rules on the public nature of the decision-making process, public access to documents and the quality of the drafting of legislative texts (see Articles 4, 7, 8 and 19).
Decision of the Council of the European Union of 6 December 1999 on the improvement of information on the Council’s legislative activities and the public register of Council documents accessible on its website since 1 January 1999.
Decision of the Secretary General of the Council of the European Union/High Representative for the Common Foreign and Security Policy (CFSP) of 27 July 2000 on measures for the protection of classified information. This Decision lays down rules governing the arrangements for classifying information processed or prepared at the General Secretariat of the Council, enabling information so classified to be protected.
Consolidated version of the Decision of the Council of the European Union of 6 December 1999 on the improvement of information on the Council’s legislative activities and the public register of Council documents, accessible on its website since 1 January 1999, incorporating the amendments introduced by the Council Decision of 14 August 2000.
On 21 March 2001, the Luxembourg daily newspaper La Voix du Luxembourg outlines the importance of transparency for the Swedish Presidency of the Council of the European Union. Sweden supports the idea that free access for citizens and the media to the documents of the Community institutions strengthens democratic scrutiny of the work of the Union.
On 18 December 2001, the French daily newspaper Le Monde publishes an article on the issue of transparency in the Council of the European Union. The article comments on Case Council v Hautala concerning access to documents, on which the Court of Justice of the European Communities has been asked to rule.
This chronological table shows the key developments and the legal instruments and judgments of the Community institutions and bodies with regard to transparency from 1992 to 2004. This table is taken from the Transparency Guide, an internal document drawn up by the General Secretariat of the Council of the European Union, which constitutes the fifth volume of the ‘Council Guide’ published in January 2004.
In the 29 November 2005 edition of the French daily newspaper Le Monde, the seven Chairmen of the political groups in the European Parliament call for more transparency in the decision-making process of the Council of the European Union. They also emphasise the provisions laid down by the Constitutional Treaty on this subject.
At the European Council held on 15 and 16 June 2006, the Heads of State or Government of the European Union decide to extend the period of reflection on the future Constitutional Treaty. The aim is to arrive at a final decision on the institutional future of the Union during the second half of 2008.
In his editorial, published in the Bulletin Quotidien Europe on 7 July 2006, Ferdinando Riccardi comments on the adoption, by the European Council of 15 and 16 July 2006, of an overall policy on transparency in the Council of the European Union.
In its edition of 12 July 2006, the German daily newspaper Frankfurter Allgemeine Zeitung comments in a mocking tone on the live online broadcasting of the deliberations of the Council of the European Union, particularly in its ‘Economic and Financial Affairs' configuration.
In its edition of 22 August 2006, the German daily newspaper Die Welt outlines the objectives of the new policy of transparency in the Council of the European Union and publishes several opinions on its advantages and disadvantages.
Decision of the Council of the European Union of 15 September 2006 adopting the Council’s Rules of Procedure. These lay down, in particular, the rules on transparency with regard to making public the decision-making process, public access to documents and the drafting quality of legislative texts (see Articles 8, 9, 10, 19, 22 and Annex II).
In its edition of 11 October 2006, the Austrian daily newspaper Die Presse reports that, as of November, the majority of the Council of the European Union's meetings may be followed live on the Internet, particularly its deliberations on legislative acts adopted under the codecision procedure.
In this interview, Norbert Schwaiger, former Head of the Press Office of the General Secretariat of the Council of the European Union, outlines the consequences of the gradual increase in the legislative powers of the European Parliament for relations between the Council and Parliament and for the Council’s policy of transparency.
On 5 May 1993, the Commission of the European Communities submits a communication, addressed to the Council, the European Parliament and the Economic and Social Committee, on public access to the institutions’ documents.
In 1996, the Secretary-General of the Council of the European Union draws up an initial report on the implementation of the Council Decision of 20 December 1993 on public access to its documents, covering the period 1994–95, pursuant to Article 9 of the Decision.
Conclusions of the 1977th General Affairs Council meeting, held on 6 December 1996, concerning the review of the Decision of the Council of the European Union of 20 December 1993 on public access to its documents.
Consolidated version of the Decision of the Council of the European Union of 20 December 1993 on public access to its documents, incorporating the amendments introduced by the Council Decision of 6 December 1996.
Second report, drawn up by the Secretary-General of the Council of the European Union in June 1998, pursuant to Article 9 of the Decision, concerning the implementation of the Council Decision of 20 December 1993 on public access to Council documents during the period 1996–1997.
On 14 November 2000, in its ‘Economy’ supplement, the French daily newspaper Le Monde outlines the slow progress made in improving public access to the documents of the European institutions, particularly to Council documents, since the early 1990s.
Consolidated version of the Decision of the Council of the European Union of 20 December 1993 on public access to Council documents, incorporating the amendments introduced by the Council Decision of 6 December 1996 and the Council Decision of 14 August 2000.
On 12 April 2001, the Luxembourg weekly newspaper Le Jeudi reveals the concerns of the European Ombudsman about the decision to restrict access to documents of the institutions of the European Union classified as ‘sensitive’ and access to Council documents in particular.
Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents. The purpose of this Regulation is to define the principles, conditions and limits on grounds of public or private interest governing the right of access to the documents of these institutions and to promote good administrative practice with regard to access to documents.
Conclusions of the 1871st General Affairs Council meeting, held on 2 October 1995, concerning the Code of Conduct on public access to the minutes and statements in the minutes of the Council of the European Union acting as legislator.
Council press conference held on 3 October 2005 to brief accredited journalists on the outcome of the meeting of the Council in its General Affairs and External Relations configuration.
After each ministerial meeting, the Council President holds a press conference to brief journalists on the decisions adopted by the Council. He is often joined by the relevant European Commissioner. This photograph, taken at the press conference following the General Affairs and External Relations Council of 21 November 2005, shows Jack Straw, British Foreign Secretary and President-in-Office of the Council, with Javier Solana, Secretary-General of the Council/High Representative for the Common Foreign and Security Policy (CFSP), and Benita Ferrero-Waldner, European Commissioner for External Relations and European Neighbourhood Policy.
On 13 June 2006, on his blog entitled ‘behind the scenes in Brussels’, Jean Quatremer, reporter on the French daily newspaper Libération, analyses British reservations about the opening to the public of the work of the Council of the European Union. The broadcasting of Council deliberations on TV and on the Internet forces Member States to adopt their positions publicly and to take responsibility for their vote before their citizens.
The public debate held in the Council of the European Union, meeting in its General Affairs and External Relations configuration on 17 July 2006 in Brussels, may be viewed online on the institution’s website, as is the case for an increasing number of its meetings.
Extract from the public debate at the 2762nd meeting of the Council of the European Union in its Education, Youth and Culture configuration, held on 13 November 2006 in Brussels, on the digitisation and online accessibility of cultural material and the designation of the European Capitals of Culture for 2010. Since 2006, the press conferences, the public debates and a large number of the deliberations of the Council have been available to view, live or on request, on the Council’s website at http://www.consilium.europa.eu.
Interinstitutional agreement of 22 December 1998 between the European Parliament, the Council and the Commission on common guidelines for the quality of the drafting of Community legislation.
Conclusions of the 2148th meeting of the General Affairs Council held on 6 December 1998 concerning openness and cooperation in the field of information activities about the European Union.
This booklet, published by the General Secretariat of the Council of the European Union in 2006, informs citizens of the resources available on its website as part of the policy of openness and transparency in the Council.
In this interview, Norbert Schwaiger, former Head of the Press Service at the General Secretariat of the Council of the European Union, outlines the difficulties regarding the dissemination of information about the activities of the Council to the public through the media.
In this interview, Norbert Schwaiger, former Head of the Press Service at the General Secretariat of the Council of the European Union, outlines the policy regarding information on the Council which is available to the public.