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[EFIL] Council Decisions undermine discussions

------- Forwarded message follows ------- To: office@statewatch.org From: Statewatch <statewatch-off@geo2.poptel.org.uk> Date sent: Tue, 20 Mar 2001 14:01:38 +0000 Send reply to: EFIL@yahoogroups.com Subject: [EFIL] Council Decisions undermine discussions

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STATEWATCH PRESS RELEASE: 20.3.01

Council Decisions:

1) gives EU member states a "veto" over access to documents 2) new Solana classification code will "contaminate" access

In an extraordinary move the General Affairs Council of the Council of the European Union adopted (as "A" points, without debate) two more major changes to the 1993 Decision of access to EU documents - these follow the now infamous "Solana Decision" in July last year (formally adopted 14.8.00). Both pre-empt the discussions on the new code of access to documents which has to be agreed by the Council, Commission and the European Parliament (under Article 255). The European Parliament was not consulted on either of these Decisions - although the parliament does not have to be consulted it might have been expected to have been in the context of the current discussions and the concept of "loyalty" between the institutions.

The first Decision covers making public the full text of some Council documents automatically which is a positive move. But the same Decision gives EU governments (member states) a right to "veto" access by citizens of documents submitted by them to policy-making discussions in the Council.

The second Decision completely changes the Council's classification codes to meet NATO demands. Although it is being presented as only covering "Top Secret", "Secret" and "Confidential" documents it also covers the lowest level of classified documents, "Restricted", and completely redefines it. It also extends classifications to all areas of EU activity.

Tony Bunyan, Statewatch editor, comments:

"These Decisions by the Council undermine the discussions on the new code of access. The Council has used the "space" left before a new code is adopted - whenever that will be - to protect the interests of governments and NATO over the citizens' right to know.

The European Parliament now has to think seriously whether the Council is going to honour the commitment in the Amsterdam Treaty and whether it is going to be possible to find a "compromise" solution to the new code of access which will not sell citizens, civil society and democratic accountability down the river."

See:

<http://www.statewatch.org/news>

for full-text of Decisions, analysis and background.

For further information contact:

00 44 208 802 1882 or e-mail: office@statewatch.org

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