11.6.2004 Official Journal of the European Union L 210/1 I (Acts whose publication is not obligatory) EUROPEAN AGENCY FOR SAFETY AND HEALTH AT WORK DECISION OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN AGENCY FOR SAFETY AND HEALTH AT WORK of 4 March 2004 on the implementation of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to documents of the European Parliament, of the Council and of the Commission (2004/508/EC) THE ADMINISTRATIVE BOARD, Having regard to Council Regulation (EC) No 1654/2003 amending Regulation (EC) No 2062/94 on the creation of a European Agency for Safety and Health at Work (%), Whereas the Treaty on European Union enshrines the principle of transparency in the second paragraph of Article 1, according to which the Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen; Whereas transparency is a guarantee of greater legitimacy, effi- ciency and responsibility of the administration with respect to its citizens in a democratic system and whereas transparency contributes towards reinforcement of the principles of democ- racy and respect for fundamental rights as defined in Article 6 of the Treaty on European Union and in the Charter of Funda- mental Rights of the European Union; Whereas Council Regulation (EC) No 1654/2003 of 18 June 2003 contains provisions which guarantee public access to Agency’s files by opening them to public inspection and allowing access to the Register; Whereas it is therefore necessary to establish rules for imple- menting Regulation (EC) No 1049/2001 (%) of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents for all documents which are not covered by the abovementioned provisions; Whereas decisions concerning action to be taken on initial applications are taken by members of staff of the Agency responsible for examining access applications and whereas deci- sions refusing access resulting from confirmatory applications are taken by the Director of the Agency; () OJ L 245, 29.9.2003, p. 38. () OJL 145, 31.5.2001, p. 43. Whereas Regulation (EC) No 1654/2003 states also that the Administrative Board shall adopt practical arrangements for implementing Regulation (EC) No 1049/2001 within six months of entry into force of Council Regulation (EC) No 1654/2003; Whereas clear rules assist smooth administration by helping those responsible to deal accurately and rapidly with applica- tions made by the public, HAS ADOPTED THIS DECISION: Article 1 Beneficiaries 1. The right of access concerns documents held by the Agency, that is to say, documents drawn up or received by it and in its possession. 2. Citizens of the Union and natural or legal persons residing or having their registered agency in a Member State shall exercise their right of access to documents of the Euro- pean Agency for Safety and Health at Work (hereinafter the Agency) pursuant to Article 2(1) of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents (hereinafter Regulation (EC) No 1049/2001) in accordance with these detailed rules. 3. Pursuant to Article 2(2) of Regulation (EC) No 1049/2001, citizens of third countries not residing in a Member State and legal persons not having their registered Agency in one of the Member States shall enjoy the right of access to Agency documents on the same terms as the benefici- aries referred to in Article 2(1) of Regulation (EC) No 1049/2001.