EU mission reports on the communal violence in Gujarat in 2002
Dear European External Action Service,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
Full disclosure of the EU mission reports on the communal violence in Gujarat in 2002.
Please note that according to EU case-law, in refusing to disclose documents, EU institutions must give concrete and specific reasons as to why granting access to the requested documents could undermine the interest protected by the exception being invoked.
Furthermore, the risk of the interest being undermined must be reasonably foreseeable and must not be purely hypothetical.
Please also note that the requested documents also do not refer to the position of any negotiating party and do not express any specific opinion of the Commission on any negotiating position.
According to EU case-law (Judgement of the Court of First Instance of 7 February 2002, Aldo Kuijer v Council, T-211/00, ECLI:EU:T:2002:30, paragraphs 60 and 61.), a generic reference to the sensitive nature of the information contained in such reports, or of the negotiations with the third country concerned, is not a sufficient reason to refuse access to the documents.
Kind regards,
Yours faithfully,
Nikolaj Nielsen
QIAMI ALIMENTATION GENERALE
AVENUE PAUL DEJAER 12
1060 SINT-GILLIS
Dear Mr Nielsen,
This message is an acknowledgement of receipt for your requests for access
to documents under Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents (which the EEAS is
also respecting).
Your requests for access to document have been registered under reference
number: 2023/020. Please refer to this number in any further
correspondence.
In accordance with the Regulation, you will receive a reply within 15
working days at the latest: 23/2/2023. In case this time-limit needs to be
extended, you will be informed in due course.
Yours sincerely,
EEAS ACCESS TO DOCUMENTS (AD)
[1][EEAS request email]
SG.2 – Parliamentary Affairs
References
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1. mailto:[EEAS request email]
Dear Mr Nielsen,
Your application is currently being handled.
However, we are not in a position to complete the handling of your
application within the time limit of 15 working days.
We therefore, exceptionally, need to extend the deadline for reply by an
additional 15 working days.
Thank you for your understanding.
Yours sincerely,
EEAS ACCESS TO DOCUMENTS
[1][EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs
References
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1. mailto:[EEAS request email]
