No Border-, Animal Rights- and Environmental Protest

Ihre Anfrage war teilweise erfolgreich.

Dear European Police Office,

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:

A) All documents - for instance, but not excluded to discussion papers, working plans, evaluation papers, drafts, email communication and other documents of such kind - with information about:
- Left-wing Protest and/or camps/gatherings and/or Extremism and/or Terrorism
- No Border/Migration-related Protest and/or camps/gatherings and/or Extremism and/or Terrorism
- Animal Rights Protest and/or camps/gatherings and/or Extremism and/or Terrorism
- Environmental Protest and/or camps/gatherings and/or Extremism and/or Terrorism
- Anarchism
- Ideological Crime

B) All notes of minutes, emails and other correspondence between Europol and security departments, ministries and/or MP's in the Netherlands, Belgium, Germany or the UK about the themes mentioned in Point A.

C) All documents containing information about:
- the Tactical Meeting held at Eurojust in April 2011 on "Animal Rights Extremism" (ARE) and copies of the presentations given and/or papers presented by all participants.
- the Europol Conference on "Animal Rights Extremism" (ARE) held July 2011 in The Hague, Netherlands and copies of the presentations given and/or papers presented by all participants.
- the Europol Conference held 24-25 April 2012 in The Hague, Netherlands about "Anarchism/Euro-anarchism" and/or "Railway Infrastructure" and/or the "No Border Network" and copies of the presentations given and/or papers presented by all participants.
- the Tactical Meeting preceding the April 2012 Europol Conference.
- other conferences, meetings or working groups about the under A. mentioned themes.

Please send the documents to me in electronic format.

Yours faithfully,

Roelof Pieters

Dear European Police Office,

I hereby would like to ask you about the status of my Request for Information, as of 16 October 2012.

Below the email, is attached my original FOIA request.

I would ask you to respond to this message as promptly as possible, as you have already violatd Regulation 1049/2001 which states that an EU bodie needs to answer FOIA requests within 15 working days.

Yours faithfully,
and in awaiting your answer,

Roelof Pieters

------------------------
Original FOIA request
16 October 2012
------------------------

Dear European Police Office,

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:

A) All documents - for instance, but not excluded to discussion papers, working plans, evaluation papers, drafts, email communication and other documents of such kind - with information about:
- Left-wing Protest and/or camps/gatherings and/or Extremism and/or Terrorism
- No Border/Migration-related Protest and/or camps/gatherings and/or Extremism and/or Terrorism
- Animal Rights Protest and/or camps/gatherings and/or Extremism and/or Terrorism
- Environmental Protest and/or camps/gatherings and/or Extremism and/or Terrorism
- Anarchism
- Ideological Crime

B) All notes of minutes, emails and other correspondence between Europol and security departments, ministries and/or MP's in the Netherlands, Belgium, Germany or the UK about the themes mentioned in Point A.

C) All documents containing information about:
- the Tactical Meeting held at Eurojust in April 2011 on "Animal Rights Extremism" (ARE) and copies of the presentations given and/or papers presented by all participants.
- the Europol Conference on "Animal Rights Extremism" (ARE) held July 2011 in The Hague, Netherlands and copies of the presentations given and/or papers presented by all participants.
- the Europol Conference held 24-25 April 2012 in The Hague, Netherlands about "Anarchism/Euro-anarchism" and/or "Railway Infrastructure" and/or the "No Border Network" and copies of the presentations given and/or papers presented by all participants.
- the Tactical Meeting preceding the April 2012 Europol Conference.
- other conferences, meetings or working groups about the under A. mentioned themes.

Please send the documents to me in electronic format.

Yours faithfully,

Roelof Pieters

G4 Corporate Communications, Europäisches Polizeiamt

2 Attachments

Dear Mr Pieters,

Thank you for your public access request.

As concerns your observations about the appropriate deadlines, please note that Europol, contrary to what may be indicated on the website, is not subject to the Regulation in question, but rather, as per Art. 45 of the Council Decision establishing the European Police Office (attached), has its own public access regime, which takes into account the principles and limits of the Regulation.

For your convenience, the implementing rules concerning public access as decided upon by the Management Board of Europol, is also attached, according to which the deadline for a reply is 30 working days following receipt of your request (see Art. 7 thereof).

NB: Both documents are also available on our website, www.europol.europa.eu.

Kind regards,

Kind regards,

EUROPOL
G4 – Corporate Communications

Eisenhowerlaan 73, 2517 KK
P.O. Box 908 50, 2509 LW
The Hague, The Netherlands

Website: www.europol.europa.eu

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Dear G4 Corporate Communications,

I dont't know which date you might consider to have received my request, but considering that the request was send on October 16th, and the first reply by Europol/G4 Corporate Communications has been from November 9th, the 30 working days deadline to replying to a request has in any case passed.

I would like to know if there is any news concerning my request and if there is any preliminary ideas about how long it might take to complete my request.

Yours sincerely,

Roelof Pieters

G14 Public Relations & Events, Europäisches Polizeiamt

1 Attachment

Dear Mr Pieters,

In response to your request for public access to Europol's documents, we would like to inform you that unfortunately, following internal analysis and examination, your request is too broad and insufficiently precise, and it is not practically possible for us to satisfy it.

In consequence, we would like to invite you for a telephone conversation to be able to assist you better in specifying the request. A contact number for this purpose would be appreciated.

As guidance, it would be helpful when reconsidering the scope of your request to limit it to certain events or time frames, or by indicating further your specific interest. Please find attached Europol's TE-SAT from 2012 which may orientate you in this regard.

Since there are many issues to discuss, we would be thankful for receiving appropriate contact details of yours, including a rough indication of your availability.

Yours faithfully,

G14 Public Relations & Events
Europol

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Dear G14 Public Relations & Events,

I have tried to get in contact with you by phone without avail. I have also send you an email with my number the 29 of December 2012. i understand that the holidays might have slowed down our communication, but I still have not received a response or a phone call concerning my foia request.

the foia request and history can be found at http://www.asktheeu.org/en/request/no_bo...

I have also filled in the inquiry form on your website for academic purposes (https://www.europol.europa.eu/webform/ac...)
Here I have provided my phone number again, the sid of the filled in form is "15839"

Yours sincerely
and awaiting your answer,

Roelof Pieters

Dear European Police Office,

I have tried to get in contact with you by phone without avail. I have also send you an email with my number the 29 of December 2012. i understand that the holidays might have slowed down our communication, but I still have not received a response or a phone call concerning my foia request.

the foia request and history can be found at http://www.asktheeu.org/en/request/no_bo...

I have also filled in the inquiry form on your website for academic purposes (https://www.europol.europa.eu/webform/ac...)
Here I have provided my phone number again, the sid of the filled in form is "15839"

Yours sincerely
and awaiting your answer,

Roelof Pieters

G14 Public Relations & Events, Europäisches Polizeiamt

Dear Mr Pieters,

 

Thank you for your communication and provision of your contact number. It
seems that this caused a delay concerning your chosen method of
communication as per the asktheeu website.

 

We will be in touch next week to discuss the details of your request and
to attempt to assist you in structuring your request so that it is
sufficiently precise.

 

Kind regards,

 

 

G4 Corporate Communications

Europol

 

Eisenhowerlaan 73

2517 KK The Hague

The Netherlands

 

*******************

DISCLAIMER : This message is sent in confidence and is only intended for
the named recipient. If you receive this message by mistake, you may not
use, copy, distribute or forward this message, or any part of its contents
or rely upon the information contained in it.
Please notify the sender immediately by e-mail and delete the relevant
e-mails from any computer. This message does not constitute a commitment
by Europol unless otherwise indicated.

*******************

AsktheEU Admin hat eine Nachricht hinterlassen ()

The requester provided AsktheEU with his telephone number which was forwarded to the institution.

Dear G14 Public Relations & Events,

The week has passed, and I still haven't gotten a phone call, or any other message. Could you call me as soon as possible on tuesday 29th, wednesday 30th or thursday 31th?
I suppose this might not be too much to ask, especially since promised in your previous message.

If you could send me a name and phone number I would also be fine with calling you instead. If you wish to keep your name and phonenumber confidential for any reason, the name and phone number could be removed from the message before being published on the asktheeu.org website.

Yours sincerely,

Roelof Pieters

Dear European Police Office,

The week has passed, and I still haven't gotten a phone call, or any other message. Could you call me as soon as possible on tuesday 29th, wednesday 30th or thursday 31th?
I suppose this might not be too much to ask, especially since promised in your previous message.

If you could send me a name and phone number I would also be fine with calling you instead. If you wish to keep your name and phone number confidential for any reason, the name and phone number could be removed from the message before being published on the asktheeu.org website.

Yours sincerely,

Roelof Pieters

G14 Public Relations & Events, Europäisches Polizeiamt

Dear Mr Pieters,

As per your request, a colleague from the Legal Service will contact you tomorrow at 16:00.

Kind regards,

Cabinet of the Director
Europol

Eisenhowerlaan 73
2517 KK The Hague
The Netherlands

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Dear G14 Public Relations & Events,

in continuation of today's phone call and as a confirmation of our mutual acceptance of what constitutes a “precise and feasible FOIA request”, under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, and in regards to article 45 of the Europol Decision (2009/371/JHA) and the Decision of the Management Board of Europol laying down the rules concerning access to Europol documents, I am requesting documents which contain the following information:

All documents, in written or digital form, more specifically:
(a1) position papers, policy papers, discussion papers, reports and internal memos, as well as
(a2) strategic reports (e.g. threat assessments, strategical memo's, operational papers) and crime analysis reports,
(c) produced in, dating from, or relating events from the years 2000 – 2012,
(d) about animal rights extremism (ARE) and/or activism/protest, migration-related/no-border extremism and/or activism/protest and anarchism/euro-anarchism/anarchist-inspired activism/protest.

Where documents do not exist in English language, the following languages (from preferred to less preferred) Dutch, German and French would also work for me.

Please send the documents to me in electronic format.

Where documents (as might be the case for documents in category a2) can not be made publicly available to protect the right to privacy or to protect certain public interests, names and/or information might be blackened out to respect these rules. If doing so, please provide because of which particular exception, as set forth in Article 4 of the above-mentioned Decision of the Management Board of Europol, information is censored.

If certain documents can not be given out at all I would gladly receive a list of the titles of these documents, and for each of these on which basis access is denied.

I am sure Europol will do its best to respect the above-mentioned decision where “decisions are
taken as openly as possible and as closely as possible to the citizen” (page 1 of decision) and where "Openness contributes to strengthening the principles of democracy and respect for fundamental rights as laid down in Article 6 of the EU Treaty, in Article 255 of the Treaty establishing the European Community and in Article 42 of the Charter of Fundamental Rights of the European Union."
I would like to remind however that the rules concerning access to Europol documents and their interpretation should not only be in line with the Europol decision, but also in line with the principles and limits set out in Regulation 1049/2001, and with the jurisprudence in relation to these principles and limits.
In this respect, I would like to refer to the In ‘t Veld versus Council-judgment (T-529/09) and the letter send by Member of the European Parliament, Sophie In ‘t Veld, dated 31 August 2012, to Mr. Martinů, Security Coordinator, Deputy Director, Europol. See especially point 20 of the In ‘t Veld versus Council-judgment (T-529/09) in which the General Court holds that “(...) the mere fact that a document concerns an interest protected by an exception cannot justify application of that exception. Such application may, in principle, be justified only if the institution has previously assessed, firstly, whether access to the document would specifically and actually undermine the protected interest [and, secondly, in the circumstances referred to in Article 4(2) and (3) of Regulation No 1049/2001, whether there was no overriding public interest in disclosure]. Furthermore, the risk of a protected interest being undermined must be reasonably foreseeable and not purely hypothetical (see Case T-36/04 API versus Commission [2007], ECR II-3201, paragraph 54 and the case-law cited)."

I hope to get a reply within 30 working days.

If there are any other questions or clarification is needed, please contact me by replying to this email message.

Yours sincerely,

Roelof Pieters

Dear G14 Public Relations & Events,

as a further clarification of the FOIA request the yesterday's mentioned scope should also include
"taken place within – or involving groups or persons from – the Netherlands, the United Kingdom, or Belgium"
making that particular paragraph:

All documents, in written or digital form, more specifically:
(a1) position papers, policy papers, discussion papers, reports and internal memos, as well as
(a2) strategic reports (e.g. threat assessments, strategical memo's, operational papers) and crime analysis reports,
(b) produced in, dating from, or relating events from the years 2000 – 2012,
(c) about animal rights extremism (ARE) and/or activism/protest, migration-related/no-border extremism and/or activism/protest and anarchism/euro-anarchism/anarchist-inspired activism/protest,
(d) taken place within – or involving groups or persons from – the Netherlands, the United Kingdom, or Belgium

Yours sincerely,

Roelof Pieters

Dear G14 Public Relations & Events,

I would like to ask you about the status of my FOIA request.

Would it already be possible to estimate if the information I asked for will be released anywhere within the current 30 working days period as laid down by the public access regime of Europol (See Art.7 of "implementing rules concerning public access as decided upon by the Management Board of Europol").
In other words, would you say say the deadline of March 13th will be possible to meet?

Yours sincerely,

Roelof Pieters

G14 Public Relations & Events, Europäisches Polizeiamt

Dear Mr Pieters,

Due to the large amount of documents falling within your scope, we are unable to deal with it in the time frame allocated. In line with the possibilities of our legal framework, we will need an extension.

We aim to get back to you, at least with a provisional result from some of the documents, in the next two weeks.

Kind regards,

Corporate Communications
Europol

Eisenhowerlaan 73
2517 KK The Hague
The Netherlands

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Dear G14 Public Relations & Events,

I thank you kindly for your notice.
I understand that the amount of work which my request demands might be quite large indeed.

Yours sincerely,

Roelof Pieters

Dear G14 Public Relations & Events,

Two weeks have passed since your notice of extending the time frame. Is there any news considering the promised "provisional result from some of the documents"?

Yours sincerely,

Roelof Pieters

Roelof Pieters

Dear G14 Public Relations & Events,

We are now entering the fourth week after your request for an extension of the deadline with two weeks to my FOIA request. It has been 16 working days since you haven't responded to my previous questions about the status of my request.

I would ask you kindly to inform me about the status of the request, and the promise of a provisional result.

Also I would like to inform you that Article 7, sub 1 and 2 of the MB Decision on public access states that an extension of a 30 working day deadline can be granted for maximum another 30 working days, meaning that the request should be completely fulfilled at the latest at 25 April 2013, with no possibilities for further delay.

I hope you will respond to me promptly and handle the finalization of this request as soon as is possible according to busy agenda. Given the fact that this FOIA request was started at 16 October 2012 this should not be too much to be asked for.

I repeat the initial reasons for having a FOIA regime, as spelled out in the second subparagraph of Article 1 of the Treaty on European Union:

"Openness guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. Openness contributes to strengthening the principles of democracy and respect for fundamental rights as laid down in Article 6 of the EU Treaty, in Article 255 of the Treaty establishing the European Community and in Article 42 of the Charter of Fundamental Rights of the European Union."

I really hope you would see that the wish of a EU citizen for more information about the dealings of Europol, is both a right and a principle which should be welcomed, rather than restrained by long bureacratic proceedings.

Yours sincerely,

Roelof Pieters

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Sent a follow up to Europäisches Polizeiamt again.

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[Subject only] Fwd: RE: FOIA request: no border, animal rights and environmental activism

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[Subject only] Fwd: Your public access Request - 1

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Dear Mr Pieters,

 

Please see below the reply sent to you containing attachments, which was
rejected by your mail box.

 

Please be aware of a number of emails to follow, containing only the
attachments. The last email in the series will be marked accordingly.

 

Kind regards,

 

G24

 

-------------

 

Dear Mr Pieters,

 

In your request for public access to Europol documents dated 11/04/2013
you have asked for:

 

    " All documents, in written or digital form, more specifically:

     (a1) position papers, policy papers, discussion papers, reports and

     internal memos, as well as

     (a2) strategic reports (e.g. threat assessments, strategical

     memo's, operational papers) and crime analysis reports,

     (b) produced in, dating from, or relating events from the years

     2000 – 2012,

     (c) about animal rights extremism (ARE) and/or activism/protest,

     migration-related/no-border extremism and/or activism/protest and

     anarchism/euro-anarchism/anarchist-inspired activism/protest,

     (d) taken place within – or involving groups or persons from – the

     Netherlands, the United Kingdom, or Belgium    

     Where documents do not exist in English language, the following

     languages (from preferred to less preferred) Dutch, German and

     French would also work for me."

 

 

In reference to your request Europol has searched and identified documents
possibly falling within the scope of your request.

Please find attached the following documents publically available:

 

1.            European Union Organised Crime Report 2004

2.            European Union Organised Crime Report 2005

3.            EU Organised Crime & Threat Assessment (OCTA) 2006

4.            EU Organised Crime & Threat Assessment (OCTA) 2007

5.            EU Organised Crime & Threat Assessment (OCTA) 2008

6.            EU Terrorism Situation & Trend Report (TE-SAT) 2008

7.            EU Organised Crime & Threat Assessment (OCTA) 2009

8.            EU Terrorism Situation & Trend Report (TE-SAT) 2009

9.            EU Organised Crime & Threat Assessment (OCTA) 2011

10.          EU Terrorism Situation & Trend Report (TE-SAT) 2010

11.          EU Serious and Organised Crime Threat Assessment (SOCTA) 2013

12.          EU Terrorism Situation & Trend Report (TE-SAT) 2011

13.          EU Terrorism Situation & Trend Report (TE-SAT) 2012

14.          EU Terrorism Situation & Trend Report (TE-SAT) 2013

 

Please find further attached and listed below documents to which Europol
grants partial access.

In accordance with Article 4 of the Management Board Decision laying down
the rules concerning access to Europol documents (“the MB Decision”),
access to a document  or to parts of it shall be refused where disclosure
would undermine the protection of the public interest as regards public
security, the proper fulfilment of Europol’s tasks and investigations and
operational activities of Member States, third parties or EU bodies,
and/or, the privacy and integrity of the individual.  Publishing the
information that has been redacted would undermine the relations that
Europol has with its partners and also would be conflicting with Europol
fulfilling properly its objectives as regards investigations and
operational activities of Member States, third parties and EU Bodies .
Additionally, where appropriate, personal data has been deleted and/or
blacked-out because it refers to personal data and disclosing such
information would be contrary to the protection of the privacy and
integrity of individuals.   In line with those exceptions some parts of
the following documents have been deleted and/or blacked-out:

 

1.            Presentation – Animal Rights Extremism (ARE): A crime trend
affecting MS differently (#2,4)

2.            Report on meeting (#2,5)

3.            Presentation – Animal Rights Extremism (ARE) (#2,6)

4.            Serious Crime Department, Management Information (#3,8)

5.            Report on Meeting / Conference (#3,9)

6.            Report on Meeting (#4,10)

7.            Report on Meeting (#6,13)

8.            Letter from Acting Head of SC5 – to the Heads of ENUs
(#10,18)

9.            Report on conference (#11,20)

10.          Report on meeting (#16,27)

11.          Briefing Note (#17,28)

12.          Presentation (#19,30)

 

Europol has decided not to grant access to the following 10 documents.
Disclosing these documents would undermine the protection of the public
interest as regards public security, the proper fulfilment of Europol’s
tasks and investigations and operational activities of Member States,
third parties or EU bodies as provided for in Article 4.  The publication
of the below papers would undermine the above referred to exceptions due
to the in part the sensitivity of the information provided, as well as
disclosure of police operations, strategies and operational approaches,
which would undermine the future operational effectiveness and thereby
weaken public security, and due to the disclosure of internal position
making processes, the disclosure of which would prevent Europol in the
proper fulfilment of its tasks, by disclosing opinions and assessments
made in confidence.

 

1.            Internal Briefing (#2,7)

2.            Proposal Paper (#7,14)

3.            Assessment (#9,17)

4.            Management information (#13,23)

5.            Management information (#15,26)

6.            Animal Rights Extremism Quarterly Bulletin – October –
December 2008

7.            Animal Rights Extremism Quarterly Bulletin – January – March
2009

8.            Animal Rights Extremism Quarterly Bulletin – April  – June
2011

9.            Animal Rights Extremism Quarterly Bulletin – July  –
September 2011

10.          Animal Rights Extremism Quarterly Bulletin – October –
December 2011

 

 

I hope you can understand that due to the complexity of your request, and
the reference to such a long time period, consumed considerable resources.

Please note that you may make a confirmatory application asking Europol to
reconsider its position within 30 working days of receiving Europol’s
reply.

 

Thank you for showing interest in our organisation.

 

Yours sincerely,

 

G14 Corporate Communications

Europol

 

[personal information removed]
Legal Officer
Europol
G3 - Legal Affairs

[telephone number]

 

*******************

DISCLAIMER : This message is sent in confidence and is only intended for
the named recipient. If you receive this message by mistake, you may not
use, copy, distribute or forward this message, or any part of its contents
or rely upon the information contained in it.
Please notify the sender immediately by e-mail and delete the relevant
e-mails from any computer. This message does not constitute a commitment
by Europol unless otherwise indicated.

*******************

5 Attachments

4 Attachments

3 Attachments

2 Attachments

1 Attachment

3 Attachments

2 Attachments

2 Attachments

3 Attachments

1 Attachment

3 Attachments

Dear Mr Pieters,

 

This is the last email with attachments, ending the series.

 

Kind regards,

 

G24

 

 

*******************

DISCLAIMER : This message is sent in confidence and is only intended for
the named recipient. If you receive this message by mistake, you may not
use, copy, distribute or forward this message, or any part of its contents
or rely upon the information contained in it.
Please notify the sender immediately by e-mail and delete the relevant
e-mails from any computer. This message does not constitute a commitment
by Europol unless otherwise indicated.

*******************

Roelof Pieters,

[Subject only] Fwd: Re: Your public access Request - 1

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Roelof Pieters,

Thu, 08 Aug 2013 08:58:08 +0200

Dear G14, G24 and Europol,

As will be explained in more detail below, I ask you to:

1. release documents concerning other subjects than only animal rights
extremism (ARE), as I originally also requested documents concerning:

a) migration-related/no-border extremism and/or activism/protest

and

b) anarchism/euro-anarchism/anarchist-inspired activism/protest/extremism

and

2. reconsider your decision not granting me access to 10 documents, on the
basis of

a) primarily, releasing them as there is an overriding public interest in
disclosure

or

b) subsidiary, the possibility of blacking out portions of text which
would be eligible to exceptions

in response to your decision dated 3/07/2013 concerning my request for
public access to Europol documents dated 11/04/2013 I asked for:

" All documents, in written or digital form, more specifically:

(a1) position papers, policy papers, discussion papers, reports and
internal memos, as well as

(a2) strategic reports (e.g. threat assessments, strategical memo's,
operational papers) and crime analysis reports,

(b) produced in, dating from, or relating events from the years 2000 –
2012,

(c) about animal rights extremism (ARE) and/or activism/protest,

migration-related/no-border extremism and/or activism/protest and

anarchism/euro-anarchism/anarchist-inspired activism/protest,

(d) taken place within – or involving groups or persons from – the

Netherlands, the United Kingdom, or Belgium”

I would like to know why only documents concerning animal rights extremism
(ARE) have been recovered? In c), next to ARE, I asked for documents about
migration-related/no-border extremism and/or activism/protest, as well as
anarchism/euro-anarchism/anarchist-inspired activism/protest/extremism. No
such documents are listed in the list of documents given (partial) access
to, or those who's access has been refused.

I would expect documents concerning these two other subjects can also be
found in Europol's archive, as for instance the Europol Conference held
24-25 April 2012 in The Hague, Netherlands was about
"Anarchism/Euro-anarchism" and/or "Railway Infrastructure" and/or the "No
Border Network", and tactical meetings or working groups are rumored to
have been set up about no border and anarchist-related protest. Also it is
known that observations and/or insights into these phenomenon are stored
in the Europol Analysis Work File (AWF) Dolphin. Finally the various
European developments within such subjects are also described in Europol's
yearly TE-SAT reports. Therefore I would request Europol under the right
of access to Europol documents to locate any of such documents mentioning
the subjects 1. migration-related/no-border extremism and/or
activism/protest, or 2. anarchism/euro-anarchism/anarchist-inspired
activism/protest. Also #3, I would like to get documents concerning High
level Experts meetings (HLEM) held or attended by Europol officials where
the subjects ARE, migration-related protest/extremism and/or
anarchism/euro-anarchism/anarchist-inspired activism/protest/extremism is
discussed, as no such documents can be found in those documents released
by Europol in response to my freedom of information request.

Secondly I would ask Europol to reconsider its refusal of granting
(partial) access to the following 10 documents:

1.            Internal Briefing (#2,7)

2.            Proposal Paper (#7,14)

3.            Assessment (#9,17)

4.            Management information (#13,23)

5.            Management information (#15,26)

6.            Animal Rights Extremism Quarterly Bulletin – October –
December 2008

7.            Animal Rights Extremism Quarterly Bulletin – January – March
2009

8.            Animal Rights Extremism Quarterly Bulletin – April  – June
2011

9.            Animal Rights Extremism Quarterly Bulletin – July  –
September 2011

10.          Animal Rights Extremism Quarterly Bulletin – October –
December 2011

My primary claim is that no such exceptions as given by Europol apply as
there is a “overriding public interest in disclosure” (Article 4). It is
of overriding public concern what Europol decides to gather information
about and which subjects it discusses with its partners. And it is also in
the interest of a transparent and open organization to disclose these
documents, as should be the aim in a democratic society. As also expressed
by the Europol Managment Board in the introduction to the “Decision of the
Management Board of Europol laying down the rules concerning access to
Europol documents”:

“Openness guarantees that the administration enjoys greater legitimacy

and is more effective and more accountable to the citizen in a

democratic system. Openness contributes to strengthening the

principles of democracy and respect for fundamental rights as laid

down in Article 6 of the EU Treaty, in Article 255 of the Treaty

establishing the European Community and in Article 42 of the Charter

of Fundamental Rights of the European Union. ”

Subsidiary to this primary claim I argue that the exceptions given to not
(partially) disclose these documents would only be true in regards to full
disclosure. As for instance the Animal Rights Extremism Quarterly
Bulletins “contains no personal data” (Letter from Acting Head of SC5 – to
the Heads of ENUs (#10,18)), I would not see how these could not be
released with maybe some parts of such documents deleted and/or
blacked-out where operational or tactical information is concerned. As how
any parts of documents would be eligible to any of the exceptions made to
disclosure of information as laid out in Article 34.5 of 6 April 2009 for
establishing the European Police Office (Europol) or Article 4 of Decision
of the Management Board of Europol laying down the rules concerning access
to Europol documents, such parts of documents could also be deleted and/or
blacked-out thereby acknowledging these exceptions.

I would like to remind you that the rules concerning access to Europol
documents and their interpretation should not only be in line with the
Europol decision, but also in line with the principles and limits set out
in Regulation 1049/2001, and with the jurisprudence in relation to these
principles and limits. Further a protected interest being undermined and
eligible to exceptions to disclosure can not be purely hypothetical, but
must be reasonably foreseeable.
In this respect, I would like to refer to the In ‘t Veld versus
Council-judgment (T-529/09) and the letter send by Member of the European
Parliament, Sophie In ‘t Veld, dated 31 August 2012, to Mr. Martinů,
Security Coordinator, Deputy Director, Europol. See especially point 20 of
the In ‘t Veld versus Council-judgment (T-529/09) in which the General
Court holds that “(...) the mere fact that a document concerns an interest
protected by an exception cannot justify application of that exception.
Such application may, in principle, be justified only if the institution
has previously assessed, firstly, whether access to the document would
specifically and actually undermine the protected interest [and, secondly,
in the circumstances referred to in Article 4(2) and (3) of Regulation No
1049/2001, whether there was no overriding public interest in disclosure].
Furthermore, the risk of a protected interest being undermined must be
reasonably foreseeable and not purely hypothetical (see Case T-36/04 API
versus Commission [2007], ECR II-3201, paragraph 54 and the case-law
cited)."

Further, I am sure Europol will do its best to respect “Decision of the
Management Board of Europol laying down the rules concerning access to
Europol documents” decision where “decisions are taken as openly as
possible and as closely as possible to the citizen” (page 1 of decision)

In kinds regards, and waiting for your answer,

Roelof Pieters

Roelof Pieters,

14 August 2013 5:56 PM 

Dear G14, G24 of Europol,
I would gladly receive an acknowledgement that you have received my
confirmatory application asking Europol to reconsider its position
concerning the FOIA request.

kind regards,
Roelof Pieters

Roelof Pieters,

G24 EU & International Law
Mon, 19 Aug 2013 09:11:03 +0000

Dear Mr Pieters,

 

We acknowledge receipt of your confirmatory application and are currently
processing it.

 

Kind regards,

 

G24 – EU & International Law

 

Roelof Pieters,

Thu, 12 Sep 2013 13:09:52 +0000
G24 EU & International Law

Dear Mr Pieters,

 

As concerns your confirmatory application, please note that Europol is not
able to process it within the given time frame. Due to additional searches
taking place, and additional discussions required, including with external
stakeholders, we apologize for the inconvenience. We will keep you updated
on the process, and hope for a resolution within the next few weeks.

 

Kind regards,

 

G24 – EU & International Law

 

to G24 EU & International Law:

Dear G24,
I would gladly be informed about the status of my request, as a month has
always passed and I am curious about the process, and if anything might be
known about the time frame of completing the additial searches and
discussions.

kind regards,
Roelof Pieters

Roelof Pieters,

7 Attachments

From: G24 EU & International Law
at: Tue, 22 Oct 2013 08:06:40 +0000

Decision by the Director taken on 18 October 2013 on the confirmatory
application by Mr Roelof Pieters of 08 August 2013.

 

Dear Mr Pieters,

 

Your confirmatory application has been carefully considered, and Europol
has come to the following decision.

 

For the documents to which partial access was granted in our initial
reply, Europol finds no grounds to deviate from its previous position
which remains valid.

 

Europol has reconsidered its position with regards to some of the
documents to which it was initially refused access and has decided to
grant partial access to them (documents listed below no 2, 3, 12, 13 and
14). In addition, further to a supplementary inquiry, we have identified
additional documents to which partial access can also be granted. As a
result, Europol herewith grants partial access to the documents listed
below. These documents are provided in electronic version enclosed to the
present and the following e-mail.

 

As for the other documents to which access was refused in the initial
reply, Europol finds no grounds to deviate from its previous position. In
accordance with Article 4 of the MB Decision, access to a document or to
parts of it shall be refused where disclosure would undermine the
protection of the public interest as regards public security, the proper
fulfilment of Europol’s tasks and investigations and operational
activities of Member States, third parties or EU bodies, and/or, the
privacy and integrity of the individual.  Publishing the information that
has been redacted would undermine the relations that Europol has with its
partners and also would be conflicting with Europol fulfilling properly
its objectives as regards investigations and operational activities of
Member States, third parties and EU Bodies. Additionally, where
appropriate, personal data has been deleted and/or blacked-out because
disclosing such information would be contrary to the protection of the
privacy and integrity of individuals.  In line with those exceptions some
parts of the documents have been deleted and/or blacked-out.

 

1.                    Animal Rights Extremism Quarterly Bulletin – July  –
September 2008

2.                    Animal Rights Extremism Quarterly Bulletin – October
– December 2008

3.                    Animal Rights Extremism Quarterly Bulletin – January
– March 2009

4.                    Animal Rights Extremism Quarterly Bulletin – April 
– June 2009

5.                    Animal Rights Extremism Quarterly Bulletin – July  –
September 2009

6.                    Animal Rights Extremism Quarterly Bulletin – October
– December 2009

7.                    Animal Rights Extremism Quarterly Bulletin – January
– March 2010

8.                    Animal Rights Extremism Quarterly Bulletin – April 
– June 2010

9.                    Animal Rights Extremism Quarterly Bulletin – July  –
September 2010

10.                 Animal Rights Extremism Quarterly Bulletin – October –
December 2010

11.                 Animal Rights Extremism Quarterly Bulletin – January –
March 2011

12.                 Animal Rights Extremism Quarterly Bulletin – April  –
June 2011

13.                 Animal Rights Extremism Quarterly Bulletin – July  –
September 2011

14.                 Animal Rights Extremism Quarterly Bulletin – October –
December 2011

 

Kind regards,

 

G24 – EU & International Law

 

Roelof Pieters,

7 Attachments

From: G24 EU & International Law
at: Tue, 22 Oct 2013 08:06:52 +0000

Kind regards,

 

G24 – EU & International Law