Draft letter of Mr. Van Loon to candidate countries (2003)

Arun Dohle made this access to documents request to Legal Service

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Dear Legal 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:

The draft letter of Mr. Van Loon to the candidate countries about the accession to the Hague Conventions, which was the basis of the legal advice of 21 February 2003 (JUR(2003)70079.

In the interest of understanding the past and present, I request public access to the mentioned letter, the legal opinion and any other documents, correspondence related to this draft letter.

The issue of children's rights has been dealt with in a greatly controversial manner.

The only conventions explicitely being part of the acquis, in the field of civil justice cooperation, are conventions based on article 293 of the TEU (ex-220) and those considered as inseparable of the realisation of the objectives of the Union (Hague Convention are not part of those).

In 2003 all but one of the Hague Conventions have been taken from the acquis list.

Also in 2003, the UN Convention on the Rights of the Child was dropped from the acquis list. At the request of DG Enlargement, and after consultation with the Legal Service, DG Justice restored the UNCRC to the aquis list.

But then again, in 2011 the EU coordinator on the Rights of the Child included the Hague Convention in her compilation of child rights acquis.
After intervention by Against Child Trafficking the Hague Adoption Convention was deleted from that list again in December 2013.

At the same time, DG JUST took the position that the UNCRC wasn't part of the acquis in legal terms. And thus considers the EU is guided by the UNCRc, not bound.

This battle between two conflicting conventions has been ongoing since the Romanian children became a conditionality for Romania's accession. Up to today this issue of the conflicting conventions has not been solved.

Considering the above, it should be considered in the public interest to make the requested documents public.

Yours faithfully,

Arun Dohle

ve_sj.acces docs (SJ), Legal Service

[1]Ares(2020)3238285 - RE: access to documents request - Draft letter of
Mr. Van Loon to candidate countries (2003)

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Dohle,

Thank you for your below-mentioned request for access to documents.

Unfortunately, you have not indicated your postal address which 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 the electronic form for entering your request:
[2]http://ec.europa.eu/transparency/regdoc/...

Kindly note that the "AsktheEU.org" website is a private website which has
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Yours sincerely,

Access to Documents team

European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[email address]

show quoted sections

Dear ve_sj.acces docs (SJ),

As requested

Against Child Trafficking
c/o Easy Start Office
Kraijenhoffstraat 137A
Amsterdam
Netherlands 1018 RG

Yours sincerely,

Arun Dohle

ve_sj.acces docs (SJ), Legal Service

1 Attachment

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[5]Ares(2020)3241723 - Your request for access to documents - Confirmation
of Registration

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Dohle,

 

Thank you for having provided your full postal address.

 

We hereby acknowledge receipt of your application for access to documents,
which has been registered today, 22 June 2020 under reference number:
GestDem 2020/3778.

 

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 13
July 2020. You will be informed in due course, in case this time limit
needs to be extended.

 

For information on how we process your personal data visit our page
[6]Privacy statement – access to documents.

 

Yours faithfully,

 

Access to Documents team

[7]cid:image001.gif@01D1747B.A20B1610

European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[8][email address]

 

References

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5. https://webgate.ec.testa.eu/Ares/documen...
6. https://ec.europa.eu/info/principles-and...
8. mailto:[email address]

ve_sj.acces docs (SJ), Legal Service

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)3685131 - Your request for Access to Documents - Reference:
GestDem 2020/3778

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Dohle,

We refer to your above-referenced request for access to documents under
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.05.2001, pages
43).

Your request is currently being handled. However, in view of the number
and nature of the requests for access to documents the Legal Service is
dealing with, and given the extraordinary situation due to the
coronavirus, our services are presently working with limited resources.

 
In this context, we will not be in a position to complete the processing
of your request within the time limit of 15 working days, which expires
today, 13 July 2020. 

 
For this reason, we will need to extend the time limit by 15 working days,
in accordance with Article 7(3) of Regulation (EC) No 1049/2001. The new
time limit expires on 4 August 2020.

 
Thank you for your understanding.
 
Yours sincerely,
 

Access to Documents team

 

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[email address]

 

References

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3. file:///tmp/~~themedata~~
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5. https://webgate.ec.testa.eu/Ares/documen...

ve_sj.acces docs (SJ), Legal Service

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)4097630 - Your request for Access to Documents - Reference:
GestDem2020/3778

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Dohle ,

 

We refer to your above-referenced request for access to documents under
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.05.2001, page
43).

 

The reply to your request is currently in preparation. However, in view of
the number and nature of the requests for access to documents the Legal
Service is dealing with, we will not be in a position to complete the
processing of your request within the extended time limit of 15 working
days, which expires today, 4 August 2020. Furthermore, your request
concerns a document of which the Commission is not the author. According
to Article 4(4) of Regulation (EC) No 1049/2001, the Commission has to
consult the third party from which the document originates. This
consultation procedure adds an additional administrative step and time
factor to the handling of your access request.

 

Please note that, in the present exceptional circumstances combined with
the summer holiday period, we are working with reduced resources.
Nevertheless, please be assured that we will do our outmost to send you
our reply in the course of next week.

 

Sincere apologies for this delay and for any inconvenience this may cause.

 

Yours faithfully,

 

Access to Documents team

[6]cid:image001.gif@01D407C0.3E8CFF10

European Commission
Legal Service
Berlaymont

B-1049 Brussels/Belgium

[7][email address]

 

References

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3. file:///tmp/~~themedata~~
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5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]

ve_sj.acces docs (SJ), Legal Service

4 Attachments

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)4245950 - Your request for Access to Documents - Reference:
GestDem 2020/3778

Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Dohle,

 

Please find attached the Legal Service’s reply to your above-referenced
request for access to documents.

 

Under the current COVID 19 circumstances, the Commission is unable to send
the original of this reply by Registered Mail .

 

In the light of this, we kindly ask you to confirm and acknowledge receipt
of the Commission Legal Service’s reply and the documents attached by
return email.

 

Thank you for your understanding

 

Kind regards,

 

 

Access to Documents team

 

European Commission

Legal Service

Berlaymont

B-1049 Brussels/Belgium

[email address]

 

 

 

 

 

 

References

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5. https://webgate.ec.testa.eu/Ares/documen...

Legal Service

1 Attachment

Dear Mr Dohle,

We refer to your e-mail of 04/09/2020 in which you make a request for
access to the “Minutes of the Team meeting of the Romania Team of DG
Enlargement, date 22 June 2005”, registered on the same day under the
above mentioned reference number.

The description given in your application does not enable us to identify
concrete documents, which would correspond to your request.

We therefore invite you, in accordance with Article 6(2) of Regulation
(EC) No 1049/2001 regarding public access to documents, to provide us with
more detailed information on the document requested, such as any other
reference which might facilitate our searches in the internal systems of
the Commission.

 

If you need assistance in clarifying or specifying your application, you
can contact us:

·       by email to: [1][email address]

In accordance with the third paragraph of Article 2 of the Detailed rules
for the application of  Regulation (EC) No 1049/2001, the deadline of 15
working days for handling your application will start running when we
receive the requested clarifications.

Thank you in advance for your understanding.

Yours faithfully,

[2]cid:image001.gif@01D4DF06.B8C47E70

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

[3][email address]

 

References

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Legal Service

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    Signed letter Ref GestDem 2020 4880 5102 5103 5130 5259 5274 5275 5343.pdf

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    Attachments Ref GestDem 2020 4880 5102 5103 5130 5259 5274 5275 and 5343.zip

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Dear Mr Dohle,

 

Please find attached the reply to your request for access to documents,
registered under reference GestDem 2020/4880, GestDem 2020/5102, GestDem
2020/5103, GestDem 2020/5130, GestDem 2020/5259, GestDem 2020/5274,
GestDem 2020/5275 and GestDem 2020/5343.

 

According to standard operational procedure, the reply is usually also
sent to you by registered post. Please note, however, that due to the
extraordinary health and security measures currently in force during to
the COVID-19 epidemics, which include the requirement for all Commission
non-critical staff to telework, we are unfortunately not in a position to
follow this procedure until further notice.

 

We would therefore appreciate if you could confirm receipt of the present
e-mail by replying to [1][email address]

 

Thank you in advance.

 

Best regards,

DG NEAR

 
[2]cid:image001.png@01D3F1C9.2C056D30

 

European Commission
DG Neighbourhood and Enlargement Negotiations
NEAR Access to Documents

 

References

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1. mailto:[email address]