Public Access to documents

Contents

 

Information about access to documents

The Office has always had a policy of transparency providing breeders and the public access to documents whilst at the same time safeguarding interests where confidentiality must be taken into account. This policy was formalised in 1999, when the Administrative Council adopted rules on working methods in relation to public access to documents of the Office. This policy is in line with the policy within the institutions of the EU.

However, in 2001 specific rules on public access to documents held by the European Parliament, the Council and the Commission were introduced by the adoption of Regulation (EC) No 1049/2001.[1] In order for these rules to apply also to documents held by the Office, a new Article, Article 33(a), was introduced to the Basic Regulation in 2003 by the adoption of Council Regulation (EC) No 1650/2003.[2]

Article 33(a) contains the following elements:

  • Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents shall also apply to documents held by the Office. This provision entered into force on 1 October 2003.
  • The Administrative Council shall adopt practical arrangements for implementing Regulation 1049/2001 before 1 April 2004.
  • Decisions taken by the Office on public access to documents may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice.

Regulation 1049/2001 as well as the rules adopted by the Administrative Council are available on this website as well as information on these rules and forms to use when requesting access to a document.

The Office will follow up the implementation and application of the rules on public access to documents by reporting annually on information such as the number of cases in which the Office refused to grant access to documents and the reasons for such refusals. The report will be published in the Annual Report of the Office.

[1] Regulation (EC) No 1049/2001of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L145 of 31.5.2001, p.43

[2] Council Regulation (EC) No 1650/2003 of 18 June 2003 amending Regulation (EC) No 2100/94 on Community plant variety rights, OJ L245 of 29.9.2003 p.28

 

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Implementation of the rules on access to documents

  1. The legal acts
    • European Parliamant and Council Regulation (EC) n° 1049/2001 
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    • Practical arrangements adopted by the Administrative Council of the CPVO on 24 March 2004. 
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    • Amendment adopted by the Administrative Council of the CPVO on 9 October 2014.
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    • Amendment adopted by the Administrative Council of the CPVO on 19 September 2019.
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    •  Consolidated version of 2019 of the practical arrangements adopted by the AC in 2004, with the 2014 and 2019 amendments.  
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  2. Annual Reports

 

Links to CPVO registers

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