Strasbourg, 05-05-2004

Mr Pat COX
President
European Parliament
Rue Wiertz
1047 Brussels
BELGIUM

Mr President,

I am writing to seek your co-operation to improve the service that the European Union provides to citizens in relation to access to documents.

Regulation 1049/2001 establishes short time limits for replies from the European Parliament, Council and Commission to applications for access. For both initial and confirmatory applications, the normal time limit is fifteen working days. An extension of a further fifteen working days is possible at both stages, provided that the applicant is notified in advance and that detailed reasons are given.

The Community legislator thus appears to have considered it important to ensure not only that citizens enjoy the widest possible access to documents but that they are able to do so as rapidly as possible.

The two-stage application procedure gives the institution the opportunity thoroughly to examine the documents concerned and to adopt a considered position in relation to the legal and factual issues involved. Citizens may therefore find it difficult to understand why the institution should need a further three full calendar months to give an opinion on a complaint submitted to the Ombudsman against refusal of a confirmatory application.

I would therefore like to suggest that the normal time limit of three full calendar months for the institution to give its opinion on a complaint should be shortened to two months in the case of a complaint against refusal of a confirmatory application for access to documents under Regulation 1049/2001.

Naturally, if there were a good reason in a particular case why the shorter time limit could not be met, the Ombudsman would be prepared to accept a request for an extension.

I do hope that you will respond positively to this suggestion.

Yours sincerely,

 

P. Nikiforos DIAMANDOUROS

cc : Mr Julian Priestley