WRITTEN QUESTION No. 3777/97 by Jean-Antoine GIANSILY , Jacques DONNAY to the Commission. The French textile plan
C 196/16 EN Official Journal of the European Communities 22. 6. 98 (98/C 196/24) WRITTEN QUESTION E-3772/97 by Nikitas Kaklamanis (UPE) to the Commission (21 November 1997) Subject: Free access to Schengen manuals The Schengen Agreement has been incorporated into the new EU Treaty which gives particular prominence to the right of access of European citizens to public documents. Despite all this, reports from Sweden state that the Swedish Government has classified manuals on how controls are to be carried out at the external borders of the Union and exchanges of information between Member States as átop secretí. This is quite a serious matter, and there is understandable concern about the reasons that led the Swedish Government to take this decision. Will the Commission state its views on the above matter and say whether anything comparable has occurred in any other Member of the Union and whether it considers it useful to recommend to the Member States of the Union that they ensure unhindered access to all manuals regarding the Schengen Agreement? Answer given by Mr Monti on behalf of the Commission (2 February 1998) The Schengen arrangements will be integrated into EU law only when the Amsterdam Treaty and its annexed protocols come into force. However, as most of the documents relating to Schengen are drawn up by the national authorities, access to them is and will remain subject to national law, with due regard for the rules on confidentiality unanimously decided by the Member States that signed the Schengen agreements. This is in accordance with the Commission and Council code of conduct concerning public access to their own documents, which stipulates that the institutions will provide access only to their own documents and will refer applicants to the author of any document from emanating from another institution. Applications for access to Council and Commission documents relating to Schengen are already covered by the code of conduct. Access to them may therefore be granted, provided that they are not covered by any of the exceptions expressly laid down to protect certain private or public interests or to ensure the confidentiality of the institutionsí deliberations. In the case of Schengen regulatory instruments, once the Amsterdam Treaty comes into force and the Schengen arrangements become part of EU law, the rules governing publication of acts in the Official Journal will apply. (98/C 196/25) WRITTEN QUESTION E-3777/97 by Jean-Antoine Giansily (UPE) and Jacques Donnay (UPE) to the Commission (21 November 1997) Subject: The French textile plan The French textile plan introduced in 1995 by the previous French government, more commonly known as the Borotra planí, which contained a reduction in social security charges for textile firms, has been the subject of severe criticism from the Commission. This plan, which would have benefitted over 2 000 firms, would have made it possible to stabilize or even slightly increase the labour force in a sector which has lost half of its jobs in the last ten years. It appears, however, that Brussels not only regards this plan as illegal, but that the Commission is demanding that certain textile firms should refund the aid they have received. Can the Commission explain on the basis of what criteria and arguments it has been concluded that the French textile plan is illegal?