Introduction

§ 1

1. These rules apply when someone requests a document from the Nordic Council of Ministers or its secretariat. The aim is to provide the greatest amount of public access.

2. Any document or documents that have been submitted to or created by the Council of Ministers and Secretariat are open to public scrutiny and must be made available on request except under the circumstances stipulated by these regulations.

3. In these rules the ‘Nordic Council of Ministers’ or ‘the council of ministers’ refers to the Nordic Ministers for Co-operation and the relevant council of ministers.

4. The right of open access to document or documents under these rules is restricted to the parties directly given access to the said documents.

§ 2

1. These rules also apply to the Nordic Committee for Co-operation and the Committees of Senior Officials under the auspices of the Council of Ministers, steering and working committees as well as advisory bodies for the Council of Ministers.

2. The rules for access to a document or documents in joint Nordic institutions is covered by the normal statues adopted by the Nordic Council of Ministers for Nordic institutions.

§ 3

When these rules are applied by the Nordic Culture Fund a decision must be taken by the Fund's Board or an individual authorised by the Fund.

Submitted and created documents

§ 4

1. The term ‘document’ is understood to mean written material or images as well as recordings which can be read, listened to or in some other way understood with the aid of technical devices.

2. A document is considered to be submitted to the Secretariat when it has arrived at the Secretariat or has been received by hand by an authorized official.

3. A document is considered to have been created when it has been processed. A document which has not been processed is considered created when the business to which it relates has been concluded or, if the document(s) does not relate to an item of business, when it has been amended or in some other way completed. A note in a journal or some other on-going register shall be considered as a created document at the time it is entered into the register. Minutes of meetings and resolutions adopted shall be considered as created once they have been approved.

4. Letters or other correspondence which are addressed personally to a member of staff in the Secretariat are covered by these rules if the document(s) relates to items of business or other matters within the remit of the Secretariat.

Registration of documents etc.

§ 5

1. When a document(s) has been submitted or created in the Secretariat the document shall be registered promptly unless it is obvious that the document is of little significance to the organisation.

2. The entry must include:

i) the date that the document(s) was submitted or created,

ii) the journal number or other notation which identifies the document,

iii) where appropriate, from whom the document was received or to whom it was dispatched,

iv) a brief summary of the document.

Information regarding points iii) and iv) may be excluded if necessary before the entry can be made public.

3. The registration shall be accessible to the general public.

4. The Secretariat shall keep documents in safe custody and file them so that the open access principle can be applied as appropriate.

Access rights to a public document

§ 6

Everyone is entitled to have access to the content of a public document held by the Council of Ministers' Secretariat without disclosing his/her identity or stating the reason for his/her request.

§ 7

1. Access to a document which has been requested shall be given as soon as possible, either handed out or available to view on site without charge.

2. A person who requests access to a public document also has the right, on payment of a fixed fee, to receive a print out or a copy of the part of the document being handed out. There is no charge for electronic copies.

3. If the information in the document(s) cannot be handed out in its entirety, because of exceptions from the public domain, those parts which are not excluded shall be made accessible in a transcript or copy.

4. Access rights to a document in the public domain do not include the right to request translation of the document.

Exceptions from the public domain

§ 8

(Amended by order (MR-SAM) on 6 September 2010; new third point. Change is effective on 1 January 2011)

Information held in public documents cannot be handed out if the distribution of the information could adversely affect:

1. The security of a Nordic state or autonomous territory, or their relations with another state or autonomous territory, or to an international organisation;

2. The Council of Ministers' relations to a country other than a Nordic one or to an international or multilateral organisation;

3. Interest in preventing or punishing crime;

4. General economic interest;

5. The protection of an individual's personal or financial affairs.

6. National authorities' surveillance, inspection or supervision activities;

7. The protection of fauna or flora.

When the document(s) in question has been received by the Secretariat from an official body, a public judicial body or an international organisation, and it is evident from the signature on the document or particular memorandum that, because of its content, it should be exempted from the rules of public domain by the sender, the Secretariat shall, if necessary, consult the sender before it applies these rules and takes the decision to issue the document.

In matters of employment the applicant's name, sex and nationality is in the public domain, unless he or she has explicitly requested that the application be treated confidentially.

§ 9

Internal working papers, i.e. drafts which have been received only as the basis for the preparation of items of business or which have not been dispatched, do not have to be made available.

Applications for project funding

§ 10

The list of applications for project funding from the Nordic Council of Ministers is in the public domain, as are the reasons for any refusal of an application.

Decision to grant access to document(s)

§ 11

Request(s) for access to a document(s) shall be treated promptly. On receipt of such a request the Council of Ministers or the person authorised by the Council of Ministers shall seek to ascertain as soon as possible whether the document should be made available. If the request is refused the decision must be given in writing. It must state the reason(s) for the refusal and contain instructions about the right to appeal.

Appeals

§ 12

If a request to be granted access to part of a document(s) is refused by means of a decision which is not taken by the Council of Ministers the request must be reviewed by the Council of Ministers if so desired by the person who made the request.

§ 13

These rules took effect from 16 August 2004 (MR-SAM decision). For documents which were received or created earlier the previous rules for registration of documents apply.