72The Community legislature has balanced the public interest in the transparency of Community action against interests liable to militate against such transparency in various acts of secondary legislation, inter alia in Regulation No 45/2001 and 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 (OJ 2001 L 145, p. 43). While it is true that the concept of ‘professional secrecy is one of primary law in so far as it appears in Article 287 EC and secondary legislation can in no circumstances amend provisions of the Treaty, the interpretation which the Community legislature gives to the Treaty with respect to a question which is not expressly dealt with therein none the less constitutes an important indication as to how the relevant provision is to be construed (Opinion of Judge Kirschner acting as Advocate General in Case T-51/89 Tetra Pak v Commission [1990] ECR II-309, point 34).
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