Luxembourg, 14/03/2001 (Agence Europe) - Heidi Hautala, Finnish co-chairperson of the Greens/ALE group at the EP, appeared before the Court of Justice of the European Communities on 13 March in a case concerning access to documents. She challenges the EU Council of Ministers. The hearing was organised after an appeal formed by the Council against a decision by the Court of First Instance in favour of Ms Hautala. The Council was backed by Spain, and the MEP by the Scandinavian countries and Great Britain.
In November 1997, the Council had refused Ms Hautala access to a report on exports of conventional weapons developed by a working group in the context of CFSP. The reason given for refusal was that it contained sensitive information, the disclosure of which would harm the European Union's relations with non-member countries. The Council may refuse access to a document to protect public interest in international relations but, according to the Court of First Instance before which Ms Hautala challenged the Council decision, the Council should have examined whether partial access to the report was possible or whether the report as a whole was covered by the exceptions to the general principle of access to Council documents. The Court of First Instance therefore cancelled the Council decision.
During Tuesday's hearing, Jill Assaunt, representing the Council, said that the Council cannot be expected to implement a blanket right of information policy, and that the Council was not legally bound to consider partial access to any documents. The Council also noted that a document became a totally new document if some parts were amended or deleted. Ms Hautala believes this argument is "unacceptable" and shows that the Council "is skating on thin ice". Recalling the importance of the case given that the institutions are at present considering the Commission's proposal for a regulation on openness (see page 17), she considered it unacceptable that a whole document be left undisclosed on the pretext that one of the sentences it contains is confidential. Ms Hautala's lawyer, Dutch attorney Mr Onno W. Brouwer, stressed that the Council was legally bound to take into consideration the partial access to documents. He noted that, since partial access had been authorised on several occasions, it should become the rule.