Infringement procedures data retention directive

The request was successful.

Dear Migration and Home Affairs,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain information about the infringement proceedings from 2011 against the member states which had not implemented yet the Data Retention Directive (2006/24/EC): Czech Republic (infringement procedure 2011/1143), Germany (infringement procedure 2011/2091), Romania (infringement procedure 2011/2089) and Sweden (infringement procedure 2007/1181).

I am aware there has been at least one previous request concerning this information and which was denied: (Gestdem 2011/5894). However, this request dates back to 2011. My requests covers the period until now and some of the reasons for not disclosing documents back then, probably no longer apply any longer.

Yours faithfully,

Rejo Zenger

EC ARES NOREPLY, Migration and Home Affairs

[1]Ares(2015)3407798 - RE: access to information request - Infringement
procedures data retention directive

Sent by HOME ACCESS DOCUMENTS <[DG HOME request email]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Mr Zenger,
Thank you for your 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 directly the electronic form for entering your
request:
[2]http://ec.europa.eu/transparency/regdoc/...
Best regards,
European Commission
Home Affairs and Migration
Access to Documents team

show quoted sections

Dear EC ARES NOREPLY,

My postal address is:

Bits of Freedom
Rejo Zenger
Bickersgracht 208
1013 LH AMSTERDAM
Netherlands

Yours sincerely,

Rejo Zenger

Dear Migration and Home Affairs,

I am awaiting a response to my request for documents documents which contain information about the infringement proceedings from 2011 against the member states which had not implemented yet the Data Retention Directive (2006/24/EC).

I made the request on August 16th. A day later you responded with a request for my postal address, which I provided the same day. By law, I should have had a response by now.

In case you did not receive the message with my postal address, it's here:

Bits of Freedom
Rejo Zenger
Bickersgracht 208
1013 LH AMSTERDAM
Netherlands

Yours faithfully,

Rejo Zenger

EC ARES NOREPLY, Migration and Home Affairs

[1]Ares(2015)3787592 - RE: your access to documents' request -
Infringement procedures data retention directive - 2015/4828

Sent by HOME ACCESS DOCUMENTS <[DG HOME request email]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Mr Zenger,
Thank you for your message dated 11.09.2015. We hereby acknowledge receipt
of your application for access to documents, which was registered on
14.09.2015 under reference number GestDem 2015/4828. We have not received
your message of 17.08.2015 you refer to.
In accordance with Regulation (EC) n°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
05.10.2015.
In case this time limit needs to be extended, you will be informed in due
course.
Best regards
European Commission
Home Affairs and Migration
Access to Documents team

show quoted sections

Migration and Home Affairs

1 Attachment

Dear Mr Zenger,

Subject:       Your application for access to documents – Ref GestDem No
2015/4828

We refer to your e-mail dated 11/09/2015 in which you make a request for
access to documents, registered on 14/09/2015 under the above mentioned
reference number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 05/10/2015.

An extended time limit is needed as your application given that the
application concerns a large number of documents. Part of the documents
requested originate from third parties (Member States) as well as from
different Commission services which must been consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 26/10/2015.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,

 

Jacqueline Nyema

Secretary
[1]cid:image001.png@01CDD3BB.9DE94CF0
European Commission

DG Migration and Home Affairs
Unit D3 Police cooperation

LX46 03/020  B-1050 Brussels/Belgium
+32 2 29 52531
[2][email address]
For information on EU rights: [3]http://ec.europa.eu/youreurope
__________________________________________________
The views expressed in this e-mail are my own and may not,
under any circumstances, be interpreted as stating an official
position of the European Commission.

 

 

 

 

References

Visible links
2. mailto:[email address]
3. http://ec.europa.eu/youreurope

Dear Migration and Home Affairs,

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

I am writing to request an internal review of Migration and Home Affairs's handling of my FOI request 'Infringement procedures data retention directive'.

The deadline for the response to my request is October 26th, as confirmed by your office by email of October 05. I ask you to answer my request within the next few days.

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

Yours faithfully,

Rejo Zenger

EC ARES NOREPLY, Migration and Home Affairs

[1]Ares(2015)4901564 - Your application for access to documents – Ref
GestDem No 2015/4828

Sent by HOME D3 <[email address]>. All responses have to be sent to
this email address.
Envoyé par HOME D3 <[email address]> . Toutes les réponses doivent
être effectuées à cette adresse électronique.

Dear Mr Zenger,

We refer to your e-mail dated 11/09/2015 in which you make a request for
access to documents, registered on 14/09/2015 under the above mentioned
reference number.

Your application is still being handled. We identified more than 100
documents which correspond to your request originating from different
institutions and services. We will communicate to you the first part of
the requested documents during the next week.

Please accept our apologies for the delay and for any inconvenience this
may cause.

Yours faithfully,

Jacqueline Nyema
Secretary

European Commission
DG Migration and Home Affairs
Unit D3 Police cooperation
LX46 03/020  B-1050 Brussels/Belgium
+32 2 29 52531
[email address]
For information on EU rights: [2]http://ec.europa.eu/youreurope
__________________________________________________
The views expressed in this e-mail are my own and may not,
under any circumstances, be interpreted as stating an official
position of the European Commission.

References

Visible links
1. http://www.cc.cec/Ares/ext/documentInfoD...
2. http://ec.europa.eu/youreurope

EC ARES NOREPLY, Migration and Home Affairs

[1]Ares(2015)4946819 - Internal review of access to information request -
Infringement procedures data retention directive

Sent by HOME D3 <[email address]>. All responses have to be sent to
this email address.
Envoyé par HOME D3 <[email address]> . Toutes les réponses doivent
être effectuées à cette adresse électronique.

Dear Mr Zenger,

Subject:       Your application for access to documents – Ref GestDem No
2015/4828

We refer to your e-mail dated 11/09/2015 in which you make a request for
access to documents, registered on 14/09/2015 under the above mentioned
reference number.

Your application is still being handled. We identified more than 100
documents which correspond to your request originating from different
institutions and services. We will communicate to you the first part of
the requested documents during the next week.

Please accept our apologies for the delay and for any inconvenience this
may cause.

Yours faithfully,

DG HOME, Unit D3

show quoted sections

Dear Migration and Home Affairs,

Please pass this on to the person who handles my FOI request on 'Infringement procedures data
retention directive'. I am writing you because the deadline for answering my request has passed, and so has the promise of the delivery of a first part of the requested documents.

In your email dated November 6th (and repeated by the email dated November 9th), you explained to me that you have identified more than 100 documents that correspond to my request. In the same emails you promised to get back to me with the first batch of documents of documents in the week 46. Unfortunately, I haven't seen any response since.

Please update me with the status. Thanks a lot in advance.

Yours faithfully,

Rejo Zenger

EC ARES NOREPLY, Migration and Home Affairs

3 Attachments

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

[5]Ares(2015)5251120 - message to requester

Sent by HOME D3 <[email address]>. All responses have to be sent to
this email address.
Envoyé par HOME D3 <[email address]> . Toutes les réponses doivent
être effectuées à cette adresse électronique.

Dear Mr Zenger,

Subject:       Your application for access to documents – Ref GestDem No
2015/4828

We refer to your e-mail dated 11/09/2015 in which you make a request for
access to documents, registered on 14/09/2015 under the above mentioned
reference number.

Please find attached the letter we sent to you today by registered mail.
Given that your request concern a very large number of documents, we sent
you today the first set of 60 documents by post. You will receive separate
letter(s) regarding remaining documents.

We apologise for the delay in replaying and for any inconvenience this may
cause.

Yours faithfully,

 

Jacqueline Nyema

Secretary
[6]cid:image001.png@01CDD3BB.9DE94CF0
European Commission

DG Migration and Home Affairs
Unit D3 Police cooperation

LX46 03/020  B-1050 Brussels/Belgium
+32 2 29 52531
[7][email address]
For information on EU rights: [8]http://ec.europa.eu/youreurope
__________________________________________________
The views expressed in this e-mail are my own and may not,
under any circumstances, be interpreted as stating an official
position of the European Commission.

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D123B1.B9FDB310
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. http://www.cc.cec/Ares/ext/documentInfoD...
7. mailto:[email address]
8. http://ec.europa.eu/youreurope

EC ARES NOREPLY, Migration and Home Affairs

2 Attachments

Please find attached document Ares(2015)5522539 regarding "Access to doc 4828" sent by Ms AMICI Victoria on 02/12/2015.

-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender AMICI Victoria (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir AMICI Victoria (mailto:[email address]).

Migration and Home Affairs

1 Attachment

Dear Mr Zenger,

We refer to your request for access to documents handled by Directorate
General (DG) HOME under GESTDEM number 2016/4828

 

DG HOME identified seven documents of the Legal service (LS) which fall
into the scope of your request.  

Therefore the request for access to the LS documents had been registered
as a separate request (GestDem 2015/6091) and assigned to us.

 

The first deadline for our reply is tomorrow 11/12/2015.

As we will not be able to meet this deadline, we would like to inform you
that according to article 7 (3) of Regulation 1049/2001 we have to extend
the deadline.

The new deadline is 12 January 2016.   

Please accept our apologies for the delay and for any inconvenience this
may cause.

Kind regards

BRIGITTE ARNOLD-WOERTZ
Head of Sector InfoDoc
 
European Commission
Legal Service
Information and Documentation (InfoDoc) 
BERL 1/90
B-1049 Brussels/Belgium
+32 2 295 08 47
[1][email address]
Legal service website on Europa
[2]http://ec.europa.eu/dgs/legal_service/in...

 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/dgs/legal_service/in...

Dear Migration and Home Affairs,

I am referring to the document Ares(2015)5522539 regarding "Access to doc 4828" sent by Ms AMICI Victoria on 02/12/2015. It says "Please find attached the second set of 54 documents listed in the annex." I presume this second set of documents is sent by regular mail. Unfortunately, I haven't received those documents (yet). When is the delivery of those documents expected?

The letter also says: "We will reply to you concerning
the remaining third set of documents." When will you be able to answer my request concerning this last batch?

Thanks in advance for your clarification!

Yours faithfully,

Rejo Zenger

Dear Migration and Home Affairs,

Please pass this on to the person who handles my FOI request on 'Infringement procedures data retention directive', GestDem No 2015/4828.

1) I am referring to the document Ares(2015)5522539 regarding "Access to doc 4828" sent by Ms AMICI Victoria on 02/12/2015. It says "Please find attached the second set of 54 documents listed in the annex." I presume this second set of (actual) documents is sent by regular mail. Unfortunately, I haven't received those documents (yet). When is the delivery of those documents expected?

2) In the letter dated December 2nd 2015 you or a colleague of yours promised to get back to me on the remaining third batch of documents. Now, January 12th (more than a month later), I haven't received anything regarding that last batch. When can I expect those documents?

Thanks in advance,

Yours faithfully,

Rejo Zenger

Migration and Home Affairs

Dear Mr. Zenger

I refer to my email below of 10 december 2015 by which I informed you that the Legal Service deals with a part of your request (exactly 7 documents) .

Our reply to you is in circulation and I hope to be able to send the signed reply to you this week.
Again my apologies for this delay due to the absence of colleagues who had to be consulted.

As you know DG HOME deals with your request GESTDEM 2015/4828.
I'll forward your message to my colleagues in Directorate General HOME.

Kind regards

Brigitte Arnold-Woertz

show quoted sections

Migration and Home Affairs

Dear Mr Zenger,

Regarding the documents sent on 2 December 2015 by registered letter, they were returned to us on 5 January 2016 with the annotation of the Dutch Post stating that nobody picked up the letter.

We will be sending you the last set of documents and the final reply to your request in the coming days. Given the volume of documents we will have to send them via parcel. We will add the documents sent on 2 December and returned to us to that parcel.

Kind regards,

Jarek Lotarski
Policy officer
 
European Commission
Directorate-General Migration and Home Affairs
D.3: Police cooperation

show quoted sections

Dear Migration and Home Affairs,

Please forward this message to Brigitte Arnold-Woertz.

Thanks a lot for your quick response. However, it seems you are not answering my questions.

You answer deals with the part of my request that has been forwarded to Legal Service and applies to 7 documents. Other then that, there are at least and most likely two more batches of documents that have not yet been sent to me.

1) I am referring to the letter that was sent to me on December 2nd. That discusses a "second batch" of 54 documents. These documents have been listed in the annex to that letter. Those documents should have been sent by traditional mail, I presume, but I have never received those documents. I would like to know when I can expect those documents.

3) I am referring to the "remaining third set of documents", as mentioned in the same letter of December 2nd. Since then, there have been no other mentioning of those documents, let alone that they have been sent to me.

I hope to hear from you, thanks!

Yours faithfully,

Rejo Zenger

Dear Migration and Home Affairs,

Please forward this message to Jarek Lotarski.

Thanks a lot for your update. To the best of my knowledge we have never received a notification of a parcel waiting to be picked up. Thanks for re-sending.

Yours faithfully,

Rejo Zenger

Migration and Home Affairs

9 Attachments

Dear Mr. Zenger
 
Please find attached the reply from the Legal Service to your request for
access to documents.
 
Kind regards 
BRIGITTE ARNOLD-WOERTZ
Head of Sector InfoDoc
 
European Commission
Legal Service
Information and Documentation (InfoDoc) 
BERL 1/90
B-1049 Brussels/Belgium
+32 2 295 08 47
[1][email address]
Legal service website on Europa
[2]http://ec.europa.eu/dgs/legal_service/in...
 
 
 
 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/dgs/legal_service/in...

Migration and Home Affairs

3 Attachments

Dear Mr Zenger,

Subject:       Your application for access to documents – Ref GestDem No
2015/4828

We refer to your e-mail dated 11/09/2015 in which you make a request for
access to documents, registered on 14/09/2015 under the above mentioned
reference number.

Please find attached the letter we sent to you today by registered mail
with the third and last set of documents as well as the documents which
were sent to you on 2 December 2015 and returned to us by the postal
services.

We apologise for the delay in replaying and for any inconvenience this may
cause.

Yours faithfully,

HOME D 3

[1]cid:image001.png@01CDD3BB.9DE94CF0

References

Visible links

Dear Migration and Home Affairs,

I would like to thank you for sending me copies of the documents on the infringement procedures with the regard to the transposition of the data retention directive. Thanks!

Yours faithfully,

Rejo Zenger