Scope
Article 2
1. This Decision applies to public documents produced by the Commission or by public and private entities on its behalf: (a) which have been published by the Commission or by the Publications Office on its behalf through publications, websites or dissemination tools; or (b) which have not been published for economic or other practical reasons, such as studies, reports and other data. 2. This Decision shall not apply: (a) to software or to documents covered by industrial property rights such as patents, trademarks, registered designs, logos and names; (b) to documents for which the Commission is not in a position to allow their reuse in view of intellectual property rights of third parties; (c) to documents which pursuant to the rules established in Regulation (EC) No 1049/2001 are excluded from access or only made accessible to a party under specific rules governing privileged access; (d) to confidential data, as defined in Regulation (EC) No 223/2009 of the European Parliament and of the Council ( 6 ) ; (e) to documents resulting from ongoing research projects conducted by the staff of the Commission which are not published or available in a published database, and whose reuse would interfere with the validation of provisional research results or where reuse would constitute a reason to refuse registration of industrial property rights in the Commission’s favour. 3. This Decision is without prejudice to and in no way affects Regulation (EC) No 1049/2001. 4. Nothing in this Decision authorises reuse of documents in a manner calculated to deceive or to defraud. The Commission shall take the appropriate measures to protect the interests and the public image of the EU in accordance to applicable rules.