Brussels IIa (EC2201/2003) review - 28 Reports from 'each and every' memberstate for overall study

Klaus Zinser made this access to documents request to Justice and Consumers

The request was refused by Justice and Consumers.

From: Klaus Zinser

Delivered

Dear Justice (JUST),

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:

The 28 reports, given to the EU commission (reference below), in preparation of the Brussels IIa Regulation/Consultation (EC2201/2003) review.

These reports must be there "..in the framework of the preparation of the application report as well as the evaluation study we have collected 28 reports from each and every member state .." (Verbal Quote of EU Commission member on 11 Nov 2014 around 17:45 at the Petition committee).

Yours faithfully,

Klaus Zinser

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Justice and Consumers

Dear Mr. Zinser,

 

Thank you for your request for access to documents.

 

Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.

 

You may, of course, use directly the electronic form for entering your
request:

[1]http://ec.europa.eu/transparency/regdoc/...

 

Best regards,

JUST Access Documents team

 

 

 

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From: Klaus Zinser

Delivered

Dear Justice (JUST),

my address has been added on:
http://ec.europa.eu/transparency/regdoc/...

There I made a reference to this FOI.

Yours faithfully,

Klaus Zinser

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From: Klaus Zinser

Delivered

Dear Justice (JUST),

hereby I kindly remind you that this request has not be answered up to now. Unfortunately there is a delay from your side. As European Citizen I request a qualified answer ASAP.

Yours faithfully,

Klaus Zinser

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Klaus Zinser left an annotation ()

LETTER FROM EU COMMISSION - DELAYED:

Received on 23rd Dec 2014:

Brussels,
DG JUST/AI /JSIIAres(2014) 4496564
Klaus Zinser
Germany

By registered letter with acknowledgment of receipt

Dear Sir,

Subject: Your application for access to documents - Ref GestDem No 2014/5510

We refer to your e-mail 18/1112014 in which you make a request for access to documents, registered on 19/1112014 under the above mentioned reference number.

Your application concerns national reports provided to the EU Commission in preparation of the review of Brussels Ha Regulation (EC Regulation 2201/2003). These reports are being prepared in the context of the evaluation study which is still under preparation. Therefore, the documents are not yet available; the Commission will publish the results of the study in due course.

As specified in Article 2(3) of Regulation 1049/2001, the right of access as defined in that regulation applies only to existing documents in the possession of the institution.

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a confirmatory application requesting the Commission to review this position. Such a confirmatory application should be addressed within 15 working days upon receipt ofthis letter to the Secretary-General of the Commission at the following address:

European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/327
B-1049 Bruxelles
or by email to: --REMOVED--

Yours faithfully,

Paraskevi MICHOU
Acting Director-General

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Klaus Zinser left an annotation ()

Sent on 26th December 2014 from Klaus Zinser

An: xx-xxx-xxx@ec.europa.eu (email adress partially removed)
Betreff: Ref Gest Dem No 2014/5510 - FOI Request - Immediate Handover of Documents accroding to FOI

Dear Madam, Dear Sir,

on 23. Dec 2014 I have received a letter from the EU Commission which was signed on 11. Dec 2014. It was referred to my FOI request asking for documents. This was rejected. http://www.asktheeu.org/en/request/bruss...

Hereby I request the immediate handover/delivery/access to the requested documents.

Being aware that the EU commission
- has been informed about my case with violation of EU law through UK member state in March 2010 and did nothing,
- has been requested to contact the UK member state in March 2014 (during my petition hearing 1229/2013),
- has done a 'not very qualified' EU consultation for Brussels IIa „First of all, please excuse the problems with downloading the results of the public consultation; it seems to us that the website has been spammed.“ http://www.asktheeu.org/en/request/publi...

I have serious question about the work of the EU commission on this issue. Not only, but also because of this, i request immediately access to these documents according to the FOI.

Kindly confirm that you have received my email and let me know until when you will answer. There is already a delay with answering my FOI request.

Best regards,
Klaus Zinser

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Klaus Zinser left an annotation ()

On 31st Dec 2014 a reply was received:

Von: <Xxxxxxxx@ec.europa.eu> (Email partially removed)
Datum: 31. Dezember 2014 13:58:00 MEZ
An: <xxxxxxxx@posteo.eu> (email partiall removed)
Betreff: RE: Ref Gest Dem No 2014/5510 - FOI Request - Immediate Handover of Documents accroding to FOI

Dear Sir,

Thank you for your email dated 26/12/2014.

We hereby acknowledge receipt of your confirmatory application for access to documents, which was registered on 31/12/2014 under reference number GestDem 2014/5510 – Ares(2014) xxxxxxx.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days.

The time limit will expire on 26/01/2015. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Xxxxxxxxx (name removed)
SG.B.4
Transparence.
Berl. 05/329.

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From: Klaus Zinser

Delivered

Dear Justice (JUST),

any news on this request ?

Originally this should have been answered mid of December 2014. There was already a delayed answer. Because I had to complain again on 26th December 2014 a new deadline was put, saying 15 working days which is end of January 2015. I can't understand why I have not received the requested documents. Further for this complaint, that was necessary from my side, I don't understand why there was a new deadline which is factually 30 calendar days.

It would be very kind if I receive the requested data now.

Yours faithfully,

Klaus Zinser

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From: Klaus Zinser

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Klaus Zinser left an annotation ()

LETTER RECEIVED BY EMAIL ON 23rd JANUARY 2014

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

Ref. Ares(2015)275230 - 23/01/2015

Brussels, 23.Jan 2015
S.G.B.4/TS/nl - sg.dsg2.b.4(2015)296801

To
Klaus Zinser
XXXXXX
XXXXXX

By email only
XXXXXX

Subject: Your confirmatory application for access to documents under Regulation (EC) No 1049/2001 - GESTDEM 2014/5510

Dear Mr Zinser,

I refer to your letter of 26 December 2014, registered on 31 December 2014, in which you submit a confirmatory application in accordance with Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents1 (Regulation 1049/2001).

Your confirmatory application is currently being handled. Unfortunately, we have not yet been able to gather all the elements we need to carry out a full analysis of your request in order to take a final decision and, therefore, we are not in a position to reply to your confirmatory request within the prescribed time limit expiring 26 January 2015. Consequently, we have to extend this period by another 15 working days in accordance with Article 8(2) of Regulation

Yours sincerely,

Martin Kröger
Head of Unit

Official Journal L 145 of 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 http://ec.europa.eu/dgs/secretariat_gene...

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From: Klaus Zinser

Delivered

Dear Justice and Consumers,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'Brussels IIa (EC2201/2003) review - 28 Reports from 'each and every' memberstate for overall study'.

To give a brief history of the case.

In March 2010 there was a direct telephone call with Martin Selmayr who recommended to send an email with all data to Viviane Hofmann and open a Dossier as I had informed him on child contact issues.

As there was no activity in April 2010 the EU commission was personally informed through me about a possible violation of Brussels IIa through the Memberstate United Kingdom.

Afterwards nothing happened.

Even direct letters to the EU commissioner for Justice, Viviane Reding in 2012 and 2013 did not make the EU commission to get active.

This came out in the first petition hearing on 19th March 2014.
https://archive.org/details/20140319Peti...

Starting from April 2014 there was a public consultation about Brussels IIa (EC2201/2003) done from the European Commission.
In this consultation there were some very strange results, as reports from people were not included and the commission was saying "First of all, please excuse the problems with downloading the results of the public consultation; it seems to us that the website has been spammed. We have informed the respective Commission's services to fix the problem." http://www.asktheeu.org/en/request/publi...

In the second petition hearing the EU commission reported that there are "28 reports from each and every member state". This has been said from the EU commission member Johanna Zerdinska who also seems to deal with the petition referred, too. in the video:
https://archive.org/details/20141111Brus...
this is said in minute 14:32.

Coming to this FOI request which was made on 18th November 2014 it took until Dec 23rd 2014 when the first reply arrived, while 15 working days are given. Very strange, as the request was rejected it seems to be allowed to delay by another 15 working days which was calculated to 26th January 2015 which is one month in calendar days.

On 13th January 2015 I, as FOI requestor received a telephone call from two members of the European Commission where they asked for further details. As requestor I again confirmed that I want to have all the 28 reports which are all there, as Mrs Zerdinska has confirmed in the petition hearing on 11th Nov 2014.

Now, on 23rd January the European Commision, Mr Martin Kroeger, dept DSG2 B4 - Transparency http://ec.europa.eu/dgs/secretariat_gene... has written one working day before the documents should have been delivered

"..we have not yet been able to gather all the elements we need to carry out a full analysis of your request in order to take a final decision .."

Its said 'to take a final decision' what seems some lawyers are working on this request trying to avoid to give the requested information.

As a citizen of the European Union, seeing that several FOI request in this Child, Family area are treated very bad:
(1) http://www.asktheeu.org/en/request/publi...
(2) http://www.asktheeu.org/en/request/infri...
(3) http://www.asktheeu.org/en/request/movem...
(4) http://www.asktheeu.org/en/request/eu_ac...

Seeing request #5 I have to use similar words:

Dear Secretariat General (SG),

My initial request dates from 18th Nov 2011, about two months ago. This is long overdue. Considering the European Commission's role as the Guardian of the European Union Law, I find it remarkable that this straightforwarded question seems so difficult to reply to.

Right now there are serious questions if the European Commission is really interested to have the European Parliament and the Citizens of Europe being part of this review and modification of Brussels IIa (EC2201/2003). Also to make sure the UN convention on the Rights of the Child is fulfilled.

Further there are more and more questions if the European Commission is really interested in enforcing EU law that was made from the EU-Commission and accepted by all member states who joined EN2201/2003 (BIIa).

Seeing how the dossier/case was treated since March 2010 and how it finally lead to the Petition in July 2013 people could get the impression that there is structural corruption in the EU-Commission.

The EU commission in not having started infringement proceedings against the member state, because of the violation of EU law (EC2201/2003), through this member state could lead to a similar impression.

To avoid such impressions, I request to deliver the documents as soon as possible and without any further delay in the next days. If some of the documents are not translated into English language you should start with the original documents in the original language as this also makes sure there are no translation errors. People have a right to get to know what has been reported from the member states.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/bruss...

Yours faithfully,

Klaus Zinser

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From: Klaus Zinser


Attachment 20150129 Rejected 28ReportsFromMemberstates ZINSER 2014 5510 EN TBPublished.pdf
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Klaus Zinser left an annotation ()

Complaint now at Ombudsman:
Date: Friday, January 30, 2015 10:50:20 AM CET
EOWEB_COMPLAINT_ID: 16818
Complaint about maladministration

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Klaus Zinser left an annotation ()

LETTER FROM OMBUDSMAN EMILY O'REILLY:
REJECTED:
"On the basis of the above, there are not sufficient grounds for opening an inquiry."
---------------------------------------------------------

Strasbourg, 17/02/2015 Complaint 191/2015/0V

Dear Mr Zinser,

XXXX REMOVED ADRESS & EMAIL XXXXX

I am writing in reply to your letter of 30 January 2015 in which you complained against the European Commission. You make the following allegation and claim:
Allegation:
The Commission wrongly refused to grant access to the 28 reports collected by the external consultant who was contracted by the Commission for the Impact Assessment study of the Brussels Ila Regulation.
Claim:
The Commission should grant access to the 28 reports collected by the external consultant.
The Treaty on the Functioning of the European Union and the Statute of the European Ombudsman set certain conditions as to the opening of an inquiry by the Ombudsman. One of these conditions is:
Article 228 of the Treaty on the Functioning of the European Union:
"In accordance with his duties, the Ombudsman shall conduct inquiries for which he finds grounds (...)"
After a careful examination of your complaint, I have concluded that there are not sufficient grounds for opening an inquiry for the following reasons:
The Commission correctly observed that, according to its Article 2(3), Regulation 1049/2001 only applies to documents in the institution's possession. The Commission has formally stated that the requested documents are not in its possession. This statement must be presumed to be correct, unless there were elements calling it into doubt. You have not put forward such elements. The statement made by the Commissioner before the Committee on Petitions could be understood as meaning that the relevant documents were in the Commission's possession. However, given the clarifications subsequently provided by the Commission in its replies to your initial and confirmatory applications, it must be assumed that the said statement did not have that meaning. On the basis of the above, there are not sufficient grounds for opening an inquiry.
Yours sincerely,
Emily O'Reilly

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